体系化视野下责令候查措施衔接问题研究OACHSSCD

The newly established measure of ordering to wait for investigation in the amendment of the Supervision Law is a non-custodial compulsory measure of supervision,and as a transition and supplement to the custodial compulsory measure of supervision,it realizes the effective implementation of the power of supervision and investigation.The connection and transformation between the measures of ordering to wait for investigation and other compulsory measures of supervision is the key institutional interface to realize the scientific cascade allocation of compulsory measures of supervision,to enhance the efficiency of supervision and investigation,to balance the protection of human rights and the authority of supervision and case handling,and to solve the dilemma of"detention centralism".However,this measure still faces practical challenges in the process of convergence and application,such as unclear system positioning,blocked operation of procedure conversion mechanism and insufficient coordination of values.The value of the system lies in clarifying the legal logic of dealing with the uncertainty of the danger of the investigated person in the process of handling a case with the certainty of the functional orientation of the supervisory compulsory measures from the perspective of the systematization of the supervisory compulsory measures.By refining the applicable conditions of the measures of ordering to wait for investigation in the process of starting and turning,perfecting the decision mode and decision-making mechanism,the execution path and execution mode,perfecting the protection scheme of the rights of the investigated person,and promoting the legalization of the transformation mechanism of the measures of ordering to wait for investigation,we can provide theoretical basis and practical reference for promoting the standardization,legalization and regularization of supervision work.