The Study on the Protection of Rights and Legal Regulation of Supervisory Detention

DOI

10.2991/assehr.k.200428.021How to use a DOI?

Keywords

supervisory investigation, supervisory detention, supervisory object, rights protection

Abstract

In order to integrate anti-corruption resources and build an authoritative and efficient anti-corruption system, the Supervision Law of the People’s Republic of China authorizes supervisory organs to take measures of detention in the process of exercising the power of investigation, and at the same time makes provisions on its implementation systematically, which provides legal basis for the application of detention. However, there is an imbalance between effective anti-corruption and rights protection in the implementation of supervisory detention. These problems are manifested as: There are defects in the legislative authority and the logic of the rule in the supervisory detention, which may lead to the potential damage to the supervisory object’ s rights. The lawyer’s inability to intervene in the supervisory detention is not conducive to the full enforcement of the rights. Moreover, there is a lack of supervision system of supervisory detention, which is not conducive to the comprehensive realization of rights protection. The protection of citizens’ rights is an essential part of the construction of a legal state. While authorizing the supervisory organ to carry out detention, more attention should be paid to the regulation of it. Under the framework of the constitution, on the one hand, we should shape the legal basis for the implementation of detention through the design and interpretation of rules. On the other hand, we should improve the procedural rights protection of the supervisory object, and take the lawyer’s intervention into consideration in the improvement of the system. At the same time, we should improve the supervision system of supervisory detention, and fully implement the principle of rights protection while effectively combating corruption.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Wang Yiwen
PY  - 2020
DA  - 2020/05/01
TI  - The Study on the Protection of Rights and Legal Regulation of Supervisory Detention
BT  - Proceedings of the 6th International Conference on Humanities and Social Science Research (ICHSSR 2020)
PB  - Atlantis Press
SP  - 89
EP  - 94
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200428.021
DO  - 10.2991/assehr.k.200428.021
ID  - Yiwen2020
ER  -