《监察法》修改背景下先行拘留制度的存续逻辑与谦抑适用OACHSSCD

Prior detention constitutes an important component of coordination mechanisms between su-pervisory and procuratorial organs and exhibits functional dual-opposition.On one hand,as a connect-ing measure between supervision and criminal procedures,prior detention guarantees sufficient review time for procedural conversion and accommodates practical case-handling needs,thus serving strong pragmatic functions.On the other hand,as a custodial-detention-related linkage measure,its applica-tion fails to account for differing conditions among custodial measures and changing personal social dangerousness.Equivalence between supervision-case detention and arrest gradually weakens as litiga-tion procedures advance.Given the irreplaceable pragmatic value of prior detention and the necessity to improve procedural standing for prosecuted persons,retaining prior detention remains reasonable.As a transitional coordination instrument between supervisory and procuratorial organs,prior detention re-presents a best-available practical choice rather than a perfect institutional design.The amended Su-pervision Law of the People's Republic of China establishes a hierarchical system of supervisory com-pulsory measures yet fails to stipulate conversion mechanisms among different compulsory-measure categories.A principle of restraint governing prior-detention application is still absent,which contra-dicts basic proportionality-principle requirements.From a relative-rationalism perspective and to im-plement proportionality,mechanisms for reviewing detention necessity within supervision cases should be constructed,and excessive prior-detention application shall be indirectly controlled by lowering de-tention ratios in later-stage supervision procedures.