Research On The Connection Betweem Supervisory Lien Measures And Criminal Coercive Measures

Under the background of the reform of the supervisory system,our country has paid more attention to the crime of taking advantage of duty and hit it harder than ever before.However,due to the imperfection of the legislation and the reason that the reform is in the exploratory stage,there are still many problems in the link between the supervisory lien measures and the criminal coercive measures in our country.First of all,the single supervisory lien measures,the lack of relief channels and the improper legal supervision power of procuratorial organs in China have created obstacles to the effective connection between supervisory lien measures and criminal coercive measures;Secondly,there are many unreasonable aspects in the application of the legislative provisions of prior detention;Finally,the lack of legislation on the stage of the case and the application of the measures during the period when the procuratorial organ returns the case to the supervisory organ for supplementary investigation is not conducive to the effective connection between the supervisory lien measures and the criminal coercive measures.In view of the connection between the supervisory lien measure and the criminal compulsory measure,under the guidance of its theoretical basis,the basic idea of improving the connection between the supervisory lien measure and the criminal compulsory measure is clarified: on the one hand,the investigation power of the supervisory organ is reconstructed,the relief way of the lien measure is improved,and the supervision mechanism of the procuratorial organ on the lien measure is improved;On the other hand,we should build a multi-level connection between the supervisory detention measures and the criminal coercive measures,improve the places of detention in advance,and the lawyer’s intervention issues,and clarify the nature of the case returned to the supervisory authority for supplementary investigation and the application of the criminal coercive measures,so as to realize the effective connection between the supervisory detention measures and the criminal coercive measures,so that the supervisory system can truly realize the reform value.