| 英文摘要 |
After the implementation of the PRC Supervision Law, there are problems caused by a shortage of related rules. The Implementation Regulation of Supervision Law to some extent eases the current predicament of the supervision legal system in China, and responds to the perplexities and disputes surrounding the Supervision Law in both academic and practical areas. In general, the Regulation has integrated relevant inner-party laws and regulations, learned from the criminal procedure laws, and adopted rules from the Interpretation of Supervision Law. In these ways, the supply of supervision rules has been increased, and the dilemma in the related legal system has been relieved. Taking the reinforcement on procedural control over “supervision measures” as an example, the Regulation responds to many debatable problems and issues, such as clarifying the applicable time nodes of each measure, systematically integrating interview measures, and partially eliminating the uncertainty of detention conditions. However, in the integration process of political and legal discourse systems, there are still some incompatibilities in the Regulation. Contradictions exist between the parallel rules for illegal conduct/crimes and integrated rules. Some contents in the Regulation conflict with disciplinary inspection regulations. Part of the contents is not expressed as rigorously and logically as legal norms should be. Confronting the complexity of the circumstance that the supervision authority and the Party’s discipline inspection authority work in the same office, and simultaneously enforce discipline and laws, and changing from the rule by law to the rule of law may be the future direction for the construction of the supervision legal system in China. |
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