Abstract

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Title:: The Structural Deficiency in and Reconstruction of the CompulsoryMeasure System in Supervision Law

Keywords:: supervisory power of investigation; supervisory compulsory measures; detention; system reconstruction

Abstract:: Investigation is one of the important functions of the power of supervision with Chinese characteristics. However, there is a lack of prudence in the legislation of supervisory compulsory measures in Supervision Law, which leads to many theoretical and practical dilemmas in the operation of supervisory power of investigation: supervisory detention has the nature of custody, but it is defined as a means of investigation and evidence collection by legislators, which actually violates the basic principles of litigation; supervisory investigation lacks the legal function of compulsory access to cases, which will lead to difficulties in discovering duty violations and criminal acts. Furthermore, in the supervisory compulsory measure system based on inadequate legislative support, only the measure of detention can play an effective pretrial compulsory function. This is not in line with the legal concept of human rights protection and will also consume the limited litigation resources of the country. In this regard, we should learn from the provisions in Criminal Procedure Law in a consistent way, build a “gradient” system of compulsory supervision measures, and add such compulsory measures as “prohibiting the practice of ones profession”.