On the System Bridging and Realistic Tension of the Connection Between Supervision Measures and Criminal Coercive MeasuresAn Analysis Centered on "Retention"

As a form of compulsory punishment authorized by the Supervision Law, supervision measures can produce similar procedural effects to criminal compulsory measures in the process of handling cases of duty violations and duty crimes by supervisory organs. Theoretically, the supervisory measures represented by “detention” have the dispute between the attributes of “investigation” and “detection”. In the process of connecting criminal proceedings with duty crime cases, there should be common basis and individual characteristics between supervision measures and criminal compulsory measures, and the common basis includes power source, legal effect and applicable scope. The individual characteristics of supervision measures are “administrative coercion” and “non-criminal judicial evaluation”. The “lien” in the supervision measures has not evaded the semantic “integration” in legislative terms. In practice, the supervisory measures have the procedural supervision effect of “approval by the same body”, and there is no distinction between the causes of duty violations and duty crimes from the time limit setting. Therefore, the connection between the supervision measures and the criminal compulsory measures can actually produce the realistic tension in the system operation.