留置概念及性质研究

On the Concept and Nature of Detention

留置是国家监察体制改革和法治反腐进程中的重要成果。留置概念是留置制度大厦的基石,把握留置性质是界定留置概念的前提。政治机关是监察机关的本质属性。监察委员会职务犯罪调查权与刑事侦查权具有表象上的相似性,实质上的差异性。监察委员会行使的是独立的监察权,留置的性质是监察强制措施。留置是监察机关为保障调查活动的顺利进行,依法限制或剥夺被调查人人身自由的监察强制措施。留置具有强制性、人身自由限制性和保障性三个特征。

Detention is an important achievement in the reform of the state supervision system and fight against corruption in accordance with law.The concept of detention is the cornerstone of the system,the prerequisite to define it.Supervisory commissions are in nature political organs.Their power of job-related crime investigation seems similar to that of criminal investigation,but differs in nature.Supervisory commissions exercise independent supervisory powers,and the detention given by them is a mandatory supervisory measure to restrict the personal freedom of the person under investigation or deprive him of his freedom in accordance with the law so as to ensure the smooth investigation.Mandatory,restricting and guarantee are the three key words to understand its features.