西南交通大学学报（社会科学版）2026，Vol.27Issue(2)：61-78,18.
体系化视野下责令候查措施衔接问题研究
A Study on the Coordination of the Order to Await Investigation Measure within the Systemic Framework of Supervision Compulsory Measures
摘要
Abstract
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.关键词
监察法/监察强制措施/责令候查措施Key words
supervision law/supervision compulsory measures/order to wait for inquiry measures引用本文复制引用
吕晓刚,严伟家..体系化视野下责令候查措施衔接问题研究[J].西南交通大学学报（社会科学版）,2026,27(2):61-78,18.基金项目
国家社会科学基金青年项目"职务犯罪案件监察调查与审查起诉衔接机制研究"(18CFX035) （18CFX035）
