西南石油大学学报(社会科学版) ›› 2018, Vol. 20 ›› Issue (2): 87-92.DOI: 10.11885/j.issn.1674-5094.2017.11.25.01

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A Discussion on the Measure of Detention in the State Supervision Law——A Perspective of In-advance Intervention of Procuratorates

LI Fuda1, WEN Yayun2   

  1. 1. Faculty of Business, City University of Macau, Macao, 999078, China;
    2. Ningxiang County Procuratorate, Ningxiang Hunan, 410600, China
  • Received:2017-11-25 Online:2018-03-01 Published:2018-03-01

Abstract: The promulgation of the Supervision Law(Draft) reflects that the anti-corruption campaign will gradually develop from Party discipline to an endeavor at the level of the state law, indicating the Party Central Committee's determination to fight against corruption and to comprehensively push forward the construction of socialist state ruled by law. The measure of detention stipulated in the Supervision Law(Draft) is the focus of debate in both society and academic circles. At present, the reform of the supervision commission is imperative. However, the implementation and improvement of the measure of detention require the coordination with the Constitution and relevant laws and regulations, which is bound to be a long process. Therefore, we propose the use of the in-advance intervention of procuratorates which is a viable means to deal with and to protect the basic rights of citizens and strengthen the supervision of the supervisory authority itself to prevent the reform from going to an extreme. The implementation of this measure can not only maintain the current inspection and supervision reform but also give full play to its role of investigating crimes of authority and prevent the abuse of the measure of detention.

Key words: the state Supervision Law(Draft), supervisory organ, procuratorate, in-advance intervention, the measure of detention

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