Deepening the reform of the national supervision system is a systematic project，Not only the settings of the supervisory organs、Construction of the Supervisory Procedure，It also involves the cooperation between the supervisory organs and other agencies、Reconstruction of each other，and the coordination of the monitoring program and other programs。Reservation is an important supervision measure to directly restrict the personal freedom of relevant personnel to the supervisory authority，At the beginning of it, it was faced with the connection problem of how it is orderly and effective and criminal compulsory measures。With words，When the case is investigated by the supervision organs，When transferred to the People's Procuratorate for review and prosecution，If the person investigator has been taken, the releasing measures，Then the People's Procuratorate should decide whether to take the person and how to take criminal compulsory measures。

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In the supervision pilot stage，Connecting for retention and criminal compulsory measures，Different practices have been piloted in various regions，The most typical "Early Interaction" mode。The supervisory organs of the supervisory organs for the case of being transferred to the review and prosecution，Ten days before the retention period expired，Notify the People's Procuratorate "Integration in advance"，Do you take the question of whether to take compulsory measures。After the People's Procuratorate decided to take compulsory measures，The supervisory organs then transfer the case to the procuratorial organs for review and prosecution。Its characteristics are，The compulsory measures that should be carried out during the review and the prosecution stage should be reviewed and determined，Perform early to the supervision stage。

On the one hand，This mode has a certain advantage。From the perspective of Bet365 lotto review program connection efficiency，Procuratorate involved in the supervision procedure in advance，Help it fully understand the situation of the case，Therefore, decision to make it more objectively and accurately whether it is applicable and how to apply compulsory measures，It can also effectively save the case of case handling during the lawsuit stage。From the perspective of the reservation measures in accordance with the law，Reserve has monitoring attributes，Only the supervisory organs can apply this measure in the supervision process。In the "Early Interaction" mode，Prosecutors have made a decision to apply for compulsory measures before the end of the supervision procedure，Therefore, when the case is transferred to the review and prosecution，Leasing can be transformed into corresponding compulsory measures，There is no problem with delay applicable to the delay in the litigation stage。

On the other hand，This mode also has certain problems。Among them, the more prominent is，Procuratorate's role positioning of the supervisory procedure in advance is very controversial。Some scholars think，The procuratorial organs are involved in the supervision procedure as a legal supervision。"Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era"，"Improve the supervisory authority, please ask the procuratorial organs to send staff to intervene in handling the job criminal case work mechanism"。But in this document, there is no clear role in the legal supervision of the procuratorial organs during the early intervention。Some scholars think，Procuratorate only assumes assistance functions in the supervision process，Supporting role。But the procuratorial organs conduct compulsory measures for review，The core purpose is to ensure the smooth progress of the proceedings of litigation，Positioning it as "assistance" and "cooperation" seems to have lost accuracy。other，"Early Intervention" may affect the performance of the follow -up prosecution function of the procuratorial bet365 live casino games organs。After the reform of the internal agency，The procuratorial organs implement the "Capture One" mechanism，The prosecutor will complete the review of compulsory measures in the supervision process，Then it will inevitably be affected by it in subsequent work。

　The "First Detention" mode in the current legislation 

In view of the shortcomings of "Early Interaction" mode，my country's legislature is connected with the connection with criminal compulsory measures，I did not adopt the "advance intervention" mode，Applicable "advance detention" mode。According to the provisions of Article 170, paragraph 2 of the Criminal Procedure Law，For the prosecution of the supervisory authority、Cases that have been taken in retaining measures，The People's Procuratorate shall detain the suspects first，Automatically lifted the separation measures。The People's Procuratorate should make whether to arrest within ten days after detention、Decision to take bail pending trial or monitor residence。Under special circumstances，The time for decision can be extended one to four days。The People's Procuratorate decided to take compulsory measures during the review and prosecution period。At the same time，The Rules of Criminal Proceedings of the People's Procuratorate, Article 142 to 145 of Article 145，Supplement the people's procuratorate "after accepting the case" to make a detention decision，Determination decide "Public Security Organs Execution"，"After the detention" is unlocked automatically，The "Notice" of the People's Procuratorate "notified" criminal suspects and family members of the suspects and inform the suspects of the suspect "have the right to entrust the defender" and other procedure rules。

In short，Preliminary detention provides a buffer zone for the connection between the separation and compulsory measures，It also provides the people's procuratorate with time to review and decide to make compulsory measures，to avoid the various problems of the "Early Interaction" mode。and，In my country's criminal litigation procedure，Detention is the public security organs、The People's Procuratorate is in emergency situation，Temporary deprivation of certain current criminals bet365 live casino games or major suspects in accordance with the law。Violation of bail pending trial、Surveillance Residence Regulations，It needs to be arrested，It can also be criminal suspect、The defendant will take care of it first。Visible，Detention has a certain temporary nature、Emergency and transition，Bridge connected to the apartment and other criminal compulsory measures when transferring to the case as a case for review and prosecution，It is relatively reasonable。

　Correct understanding of the meaning of the "advance detention" mode 

The first is the time point for the automatic lifting measures。According to the legislative regulations，The procuratorial organs shall be after accepting the case，Timely detention decision to criminal suspects，and after the execution of detention in the public security organs，Reserve measures can be automatically lifted。Visible，Reserve measures are automatically lifted，Also go through several procedures，Including procuratorial organs accepting supervision cases、Procuratorial organs make detention decisions，and the procuratorial organs will be detained and decided to be executed by the public security organs。At the same time，After the public security organs receive the execution detention requirements，It should also coordinate the place where the placement place and the detention center should be coordinated，Transfer the left -behind personnel to the detention center。What needs attention here is，Compared with Article 170 of the Criminal Procedure Law，"Rules of Criminal Proceeds of the People's Procuratorate" Article 142 adds the word "timely"，It is emphasized that the procuratorial organs should quickly make a pre -detention decision，and quickly detain the decision to be executed by the public security organs，To prevent excessive delay of retention measures, applicable to criminal proceedings。

Second, the time limit for the people's procuratorate to make other compulsory measures。According to the legislative regulations，The People's Procuratorate should make whether to arrest within ten days after detention、Decision to take bail pending trial or monitor residence，In special cases, you can extend one day to four days。This means，After detention first，The People's Procuratorate can only decide whether to take other compulsory measures bet365 live casino games in only 10 to 14 days.。The question lies in，Legislation is unknown to the "special circumstances" language，As a result, the people's procuratorate cannot accurately determine what circumstances can be extended for compulsory measures to determine time，May bring confusion to the practice of case handling。Another，Legislation also stipulates，The period of the people's procuratorate decided not to be included in the review and prosecution period，The purpose is to prevent the connection of measures from transforming the transformation and serious squeezing the period of case handling of the people's procuratorate。Under normal circumstances，The case of the People's Procuratorate transferred to the prosecution of the supervisory authority，It should make a decision within one month，major and complex cases can be extended for half a month。That is，The People's Procuratorate can only make a review and prosecution decision within one and a half months。If you need to spend another 10 to 14 days for compulsory measures for review，So it is possible to make the review and prosecution too urgent，Examination and indictment work in a passive state。

Third is the choice of other compulsory measures。According to the legislative regulations，The People's Procuratorate shall be arrested during detention、Decision to take bail pending trial or monitor residence。The question lies in，Arrest、Whether there is a priority order between the three measures of bail pending trial and surveillance and residence。my country's legislative language often expresses rich connotation in simple form，Legislation stipulates the wording of different terms、Order and even punctuation，There are corresponding meanings。So，Advanced arrangements between the three measures here，Can the People's Procuratorate give priority to the application of arrest measures? I believe that this understanding should not be made。In my country's Criminal Procedure Law，Compulsory measures have different applicable conditions and situations。The People's Procuratorate shall make a decision strictly in accordance with the legislative regulations，Limited space for free tailoring。and in recent Bet365 app download years，To curb detention abuse、Protect the legitimate rights and interests of the prosecutor，The People's Procuratorate promotes the criminal policy of "less caught and caught priner"，Alternative function of advocating non -detention measures，The arrest rate has also decreased year by year。For this，Cases transferred by the People's Procuratorate for the supervisory authority，Be careful to decide compulsory measures，No need to give priority to the application of arrest measures。

Fourth is to inform family members and inform the commissioned defense question。According to the provisions of the Criminal Procedure Law，Criminal suspect、After the defendant was taken for coercive measures，The relevant departments shall notify their families in time，and inform them of the right to entrust the defender。Cases transferred by the supervisory authority are no exception。The Rules of Criminal Procedure of the People's Procuratorate supplemented the detailed rules for notifying their families and notifying the entrusted defense，Reflected the legitimacy value of the program。It is worth noting is，Informing the family members and notifying the entrusted defense are all rights that the suspects only enjoyed in the litigation procedure，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 the provisions of Article 144 and 145 of the Criminal Procedure Rules of the People's Procuratorate，The time to inform the family is "execution detention、Within 24 hours after the arrest "，The time to inform the entrustment of the defense is "Within three days from the date of receiving the case of the transfer of the prosecution"，and for for the restriction measures，Sharing "when executing detention。Visible，Once the People's Procuratorate has accepted the case transferred by the supervisory authority，and make a pre -detention decision，means that the case has entered the litigation stage，Then the People's Procuratorate should perform the lawsuit function in time，Notification of family members and notifications of commissioning defense。

　 (the author is the director of the Clean Culture Research Center of Fujian Normal University)