浙江工商大学学报

此次《监察法》修改新设立的几种监察强制措施既是对留置措施的必要补充,又是推动监察实践和理论不断向前发展的重要“战略支点”。监察强制措施在某种技术层面上借鉴了刑事强制措施的立法表述,但同时又保持了独立监察程序所要求的制度自觉。新设监察强制措施的目的在于解决留置措施在实践中遇到的难题,其所坚持的理念原则也不完全等同于刑事强制措施的理念原则。监察强制措施的完善应当首先着眼于规范以限制人身自由为手段的监察强制措施,在此基础上,探索以限制财产等权利为手段的监察强制措施之适用方案,同时明确禁闭等非传统手段的监察强制措施属性,使监察强制措施内容齐备、运行合理。

The several new types of coercive measures established by this amendment to the Supervision Law are both necessary supplements to the retention measures and important "strategic pivots" for the continuous development of supervisory practice and theory.At a technical level,the coercive measures borrow from the legislative formulation of criminal coercive measures,but at the same time maintain the institutional self-awareness required by the independent supervision process.The purpose of the newly established supervision compulsory measures is to solve the problems encountered in the practice of retention measures,and the conceptual principles that it adheres to are not exactly the same as those of the criminal compulsory measures.The improvement of supervision compulsory measures should first focus on regulating the restriction of personal freedom as a means of supervision compulsory measures,on this basis it should explore the restriction of property and other rights as a means of supervision compulsory measures of the application of the program,and at the same time clarify confinement and other non-traditional means of supervision compulsory measures of the attributes of the supervision compulsory measures,so that the supervision of compulsory measures of the content will be complete and the operation reasonable.