Accurately grasp the relevant provisions on case supervision and management in the regulations for the implementation of the supervision law
2022-09-07
Taking investigation measures according to regulations and laws is an important link in supervising law enforcement. Discipline inspection and supervision organs should adhere to leniency in their investigation measures, leniency in their investigation means, and strictness in their investigation and decision-making. They must have very strict approval procedures. With the deepening of the reform of the national supervision system, the scope of supervision of the Commission for Discipline Inspection has been expanded and its authority has been enriched, and the measures taken in the supervision, discipline enforcement and law enforcement should be both strict and cautious. Chapter IV of the regulations for the implementation of the supervision law of the people's Republic of China (hereinafter referred to as the regulations) regulates the measures that can be taken by supervisory organs, which occupies a heavy weight. Article 54 of the regulations clearly states: "supervisory organs shall strengthen the standardization of supervision, law enforcement and investigation, examine, approve and supervise supervisory measures in strict accordance with the provisions, take relevant measures in accordance with the statutory scope, procedures and time limit, and issue and serve legal documents." In order to implement the requirements of the regulations and strengthen the management of the use of measures, the Central Discipline Inspection Commission and the State Supervision Commission issued the regulations on the use of measures for supervision, inspection, review and investigation by discipline inspection and supervision organs (hereinafter referred to as the regulations on the use of measures) in December 2021. When using measures, discipline inspection and supervision organs should combine the "Regulations", the "rules for the supervision and enforcement of discipline by discipline inspection organs of the Communist Party of China", the "Regulations on the supervision and enforcement of law by supervisory organs" (hereinafter referred to as the "Regulations on the supervision and enforcement of law") and the "Regulations on the use of measures", so as to be lenient and narrow, strict and cautious. Basic principles for the use of measures the supervision law gives the supervisory organs the authority to use measures, which provides important legal support for the supervisory organs to fight against corruption in the way of rule of law. At the same time, it requires that they work in the way of rule of law when using measures, and strictly limit their powers while empowering them. Discipline inspection and supervision organs should enhance their awareness of the rule of law, procedure and evidence, take relevant measures in strict accordance with the regulations and the provisions on the use of measures, and in accordance with the statutory scope, procedure and time limit, so as to ensure that the evidence obtained by supervision organs can meet the judicial standards and the cases handled can stand the test of history. First, we should grasp the legitimacy of the use of measures. According to the provisions of the supervision law, in the process of supervising law enforcement, supervisory organs can take 15 measures, including talking, questioning, questioning, detaining, inquiring, freezing, searching, taking, sealing up, detaining, inquisition, identification, technical investigation, wanted, and restricting exit. The regulations specify the measures that can be taken by supervisory organs in the initial verification and those that can only be taken after the case is filed. Those who take technical investigation, wanted and restricted exit measures should be submitted to the relevant organs for implementation after examination and approval in accordance with the provisions. Discipline inspection and supervision organs perform the two duties of inner-party supervision and state supervision in one body and on both sides. In the process of supervision and discipline enforcement, they can take seven measures, including conversation, inquiry, transfer, temporary detention, sealing up, inspection and appraisal. The provisions on supervision and law enforcement and the provisions on the use of Measures specify the relevant requirements for the examination and approval of measures, and the undertaking department can only take measures after completing the formalities for approval according to the prescribed examination and approval authority. Discipline inspection and supervision organs shall take corresponding measures according to different stages. Measures that can only be taken after filing a case shall not be used in the initial verification stage, nor shall measures be taken without examination and approval or beyond the scope of examination and approval. When taking measures, relevant documents shall be issued according to regulations and
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