Deepening the reform of the national supervision system is a systematic project，Involves the establishment of supervisory agencies、Construction of Supervision Program，Also involves the cooperation between supervisory agencies and other agencies、Mutual constraints，And the coordination of supervision procedures and other procedures。Lien is an important supervisory measure empowered by the Supervision Law to directly restrict the personal freedom of relevant personnel，Since its inception, it has been faced with the problem of how to connect it with criminal coercive bet with bet365 in an orderly and effective manner。Specific words，When the case is concluded after investigation by the supervisory authority，When transferred to the People’s Procuratorate for review and prosecution，If the respondent has been detained，Then the People’s Procuratorate should decide whether and how to take criminal coercive bet with bet365 against the person。

　　"Early Intervention" Model in bet with bet365 Pilot

In the supervision pilot stage，For the connection between detention and criminal coercive bet with bet365，Different approaches have been piloted in various regions，The most typical one is the "early intervention" mode。Supervisory authorities regarding cases to be transferred for review and prosecution，Ten days before the expiration of the retention period，Notify the People’s Procuratorate to “intervene in advance”，Review the issue of whether to take coercive bet with bet365。After the People’s Procuratorate decides to take compulsory bet with bet365，The supervisory authority will then transfer the case to the procuratorate for review and prosecution。The characteristics are，Revise the review and decision process for coercive bet with bet365 that should have been carried out during the review and prosecution stage，Advance to the monitoring stage。

On the one hand，This mode has certain advantages。From the perspective of program connection efficiency，The procuratorate intervenes in the supervision process in advance，Helps them understand the case more fully，To make a more objective and accurate decision on whether and how to apply coercive bet with bet365，It can also effectively save case handling time during the litigation stage。From the legal application of retention bet with bet365，The lien has monitoring attributes，Only supervisory authorities can apply this measure in supervisory procedures。In "Early Intervention" mode，The procuratorial organ has made a decision to apply compulsory bet with bet365 before the supervision process is concluded，So when the case is transferred for review and prosecution，The retention can be converted into corresponding compulsory bet with bet365，There is no problem of delayed application of lien bet with bet365 during the litigation stage。

On the other hand，This model also has certain problems。The more prominent one is，The role of the procuratorate in early intervention in the supervision process is extremely controversial。Some scholars believe，The procuratorate intervenes in the supervision process as a legal supervisor。Article 7 of the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorates in the New Era"，“Improving the working mechanism for supervisory agencies to consult with the procuratorate to send personnel to intervene in cases of job-related crimes in advance”。However, this document does not clarify the legal supervision role of the procuratorate in the process of early intervention。Some scholars believe that，The procuratorial organ only assumes the function of assisting in the supervision process，Plays a supporting role。However, the procuratorate is conducting a review of compulsory bet with bet365，The core purpose is to ensure the smooth progress of the litigation process，Positioning it as "assistance" and "cooperation" seems inaccurate。In addition，“Early intervention” may affect the performance of the procuratorial organs’ subsequent public prosecution functions。After the internal organization reform，The procuratorial organs implement the "integrated arrest and prosecution" mechanism，If the prosecutor in charge has completed the review of coercive bet with bet365 during the supervision process，Then it will inevitably be affected by it in subsequent work。

　"Preliminary bet with bet365" model in current legislation

In view of the shortcomings of the “early intervention” model，Our country’s legislative body is setting up the connection between detention and criminal coercive bet with bet365，Did not adopt the “early intervention” model，The "prior detention" model is applicable。According to the provisions of Article 170, Paragraph 2 of the Criminal Procedure Law，For those transferred for prosecution by the supervisory authority、Cases where retention bet with bet365 have been taken，The People’s Procuratorate should detain criminal suspects first，The retention bet with bet365 are automatically lifted。The People’s Procuratorate shall decide whether to arrest within ten days after detention、Decision on release on bail pending trial or residential surveillance。In special circumstances，The decision time can be extended from one to four days。The period during which the People’s Procuratorate decides to take compulsory bet with bet365 will not be included in the review and prosecution period。At the same time，Articles 142 to 145 of the "People's Procuratorate Criminal Procedure Rules" provide a more detailed explanation，Added that the People’s Procuratorate makes a detention decision “after accepting the case”，The detention decision “will be handed over to the public security organs for execution”，The detention bet with bet365 "after execution of detention" are automatically lifted，The People’s Procuratorate “notifies” the family of a criminal suspect and informs the criminal suspect of “the right to entrust a defender” and other procedural rules。

In short，Preliminary detention provides a buffer zone between detention and compulsory bet with bet365，Also provides time for the People’s Procuratorate to review and decide on compulsory bet with bet365，Thus avoiding various difficulties of the "early intervention" model。and，In criminal proceedings in our country，Detention is a matter of public security agency、People’s Procuratorate in emergency situations，A compulsory measure to temporarily deprive certain current criminals or major suspects of their personal freedom according to law。Bail pending trial for violation、Provisions on residential surveillance，Need to be arrested，You can also target criminal suspects、The defendant is detained first。Visible，Detention is inherently temporary to a certain extent、Emergency and transitional，It serves as a bridge between detention and other criminal coercive bet with bet365 when the case is transferred for review and prosecution，It is relatively reasonable。

　Correctly understand the meaning of the “prior bet with bet365” model

First, the time point when retention bet with bet365 are automatically lifted。According to legislative provisions，The procuratorial organ should after accepting the case，Make a timely decision to detain the criminal suspect，After being detained by the public security organs，The retention bet with bet365 can be automatically lifted。Visible，Before the retention bet with bet365 are automatically lifted，There are still some procedures to go through，Including supervision cases accepted by the procuratorate、Procuratorate makes detention decision，And the procuratorate will hand over the detention decision to the public security agency for execution, etc.。At the same time，After the public security organ receives the request for detention，It is also necessary to coordinate the detention places and detention centers，Transfer the detained persons to the detention center。What needs to be noted here is，Compared to the provisions of Article 170 of the Criminal Procedure Law，Article 142 of the "People's Procuratorate Criminal Procedure Rules" adds the word "timely"，Emphasize that the procuratorial organ should make a prompt decision to detain in advance，And quickly hand over the detention decision to the public security organs for execution，To prevent undue delay in the application of retention bet with bet365 to criminal proceedings。

The second is the time limit for the People’s Procuratorate to make decisions on other compulsory bet with bet365。According to legislative provisions，The People’s Procuratorate shall decide whether to arrest within ten days after detention、Decision on release on bail pending trial or residential surveillance，It can be extended from one to four days under special circumstances。This means，After first detention，The People’s Procuratorate only has 10 to 14 days to decide whether to take other compulsory bet with bet365。The problem is，The legislation is unclear on “special circumstances”，As a result, the People’s Procuratorate cannot accurately determine under what circumstances the decision time for compulsory bet with bet365 can be extended，May cause confusion in case handling practice。Also，Legislation also stipulates，The period during which the People’s Procuratorate decides on compulsory bet with bet365 will not be included in the review and prosecution period，The purpose is to prevent the connection and transformation of bet with bet365 from seriously squeezing the People's Procuratorate's case handling period。Generally，People’s Procuratorate’s handling of cases transferred for prosecution by supervisory authorities，A decision should be made within one month，Major and complex cases can be extended for half a month。i.e.，The People’s Procuratorate can only make a review and prosecution decision within one and a half months at most。If it takes another ten to fourteen days to review the compulsory bet with bet365，This may make the review and prosecution time too tight，The review and prosecution work has fallen into a passive state。

The third issue is the selection of other coercive bet with bet365。According to legislative provisions，The People’s Procuratorate should decide whether to arrest during detention、Decision on release on bail pending trial or residential surveillance。The problem is，Arrest、Is there a priority between the three bet with bet365 of bail pending trial and residential surveillance。Our country’s legislative language often expresses rich connotations in a concise form，Legislation provides for the wording of different terms、Order and even punctuation，All have corresponding meanings。Then，The sequence of the three bet with bet365 here，Can you explain that the People’s Procuratorate should give priority to applying arrest bet with bet365？The author does not think this should be understood。In our country’s Criminal Procedure Law，Each compulsory measure has its own applicable conditions and circumstances。The People’s Procuratorate should make decisions in strict accordance with legislative provisions，Limited room for discretion。And in recent years，To curb custodial abuse、Protect the legitimate rights and interests of the person being prosecuted，The People’s Procuratorate implements the criminal policy of “arrest less, prosecute more, and detain more”，Promote alternative functions of non-custodial bet with bet365，The arrest rate also decreases year by year。In view of this，People’s Procuratorate’s handling of cases transferred by supervisory authorities，Enforcement bet with bet365 should be decided with caution，No need to prioritize the application of arrest bet with bet365。

The fourth is to notify family members and inform the entrusted defense issues。According to the provisions of the Criminal Procedure Law，criminal suspect、After the defendant was taken compulsory bet with bet365，Relevant departments should promptly notify their families，And inform them of their right to entrust a defender。Cases transferred by supervisory authorities are no exception。The "People's Procuratorate's Criminal Procedure Rules" supplement the detailed rules for notifying family members and informing entrusted defense，Reflects the legitimacy value of the procedure。It’s worth noting，Notifying family members and entrusting defense are rights that criminal suspects only enjoy during the proceedings，If the case has not yet entered the litigation stage，Then the People’s Procuratorate does not need to perform the above responsibilities。According to Articles 144 and 145 of the "People's Procuratorate Criminal Procedure Rules"，The time to notify family members is "execution of detention、Within twenty-four hours after arrest”，The time to inform the entrusted defense is "within three days from the date of receipt of the case file materials transferred for prosecution"，And for those who have already taken retention bet with bet365，Should be informed “at the time of detention”。Visible，Once the People’s Procuratorate accepts the case transferred by the supervisory authority，And make a decision to detain in advance，This means that the case has entered the litigation stage，Then the People’s Procuratorate should perform its litigation functions in a timely manner，Carry out the notification work of family members and the notification work of entrusted defense。

　 (The author is the director bet with bet365 Integrity Culture Research Center of Fujian Normal University)