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China Focus: China's new detention system helps solve tricky legal issues
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  • //english.dbw.cn  2017-11-07 11:10:50
     

    China's decision to scrap the system of "shuanggui" and replace it with detention is part of a national pilot to reform the national "supervision system" and it will serves as a test for solving some of the country's long-lasting legal issues.

    "Shuanggui" is an intra-party disciplinary practice that requires a member of the Communist Party of China (CPC) being investigated to cooperate with questioning at a set time and a set place. The practice is exercised by the Party's disciplinary officials, but largely informal to cause tricky legal issues.

    The new detention system formally safeguards the rights of those under investigation with several measures. Family members of detainees must receive a timely written notice of the detention, and the date and length of the interrogation is specified to ensure the safety of detainees.

    In the first eight months of the year, a total of 183 people were detained by supervision commissions in Beijing, Shanxi and Zhejiang, the three provincial-level regions piloting the new system.

    The supervision commissions exercise investigation rights, and archive all material and evidence relevant to the process. They follow detailed procedures during investigations.

    According to the report delivered to the 19th CPC National Congress in October, the Party will work for the adoption of national anti-corruption legislation.

    "A national supervision law will be formulated. Supervisory commissions will be given responsibilities, powers, and means of investigation in accordance with law. The practice of shuanggui will be replaced by detention," it read.

    According to Ma Huaide, vice president of the China University of Political Science and Law, the national supervision law will specify under what circumstances a person should be detained, the reasons for detention and specific methods of detention.

    "The supervisory commissions will have full investigation rights in a new supervision system, and are therefore entitled to measures for performing their function. Detention is one of the major investigation measures," Ma said.

    The pilot project to reform the national supervision system has had strong results.

    The reform ensures that supervision covers everyone in the public sector with power.

    Since the reform, the number of people under supervision rose from 210,000 to 997,000 in Beijing, from 785,000 to 1.315 million in Shanxi, and from 383,000 to 701,000 in Zhejiang.

    The country will expand the pilot project nationwide, setting up supervisory commissions at the national, provincial, city and county levels, which will share offices and work with the Party's disciplinary inspection commissions.

    Author:    Source:xinhua    Editor:Yang Fan

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