Research On The External Oversight System Of The Supervisory Commission

On March 20th,2018,the first session of the 13th National People's Congress voted and decided to pass the "Supervision Law of the People's Republic of China",which indicated the birth of Supervisory Committee.As a newly-built government offices,it is an authority with enormous power,which mainly embodies in following two aspects:on one hand,the new political landscape which includes people's government,the Supervisory Commission,the People's Court and the People's Procurato r are set up acco rd ing to the provisio ns of the Constitutio n.On the other hand,the supervisory power becomes the fourth state power besides the legislative power,the executive power,and the judicial power.One of the great progress of this supervision structural reform is that it will supervise with a full coverage of the offices.As a supervision institution,the Supervision Committee supervises other organs.It is a problem that who will supervise it deserves great attention and disc ussion.The rule of this law shows that the surveillance on the Supervisory Committee is mainly at the level of a legal reguIation.It is manifested directly by the external supervision items on the Supervision Committee which are relatively macroscopic and unable to operate.Article 53 of the Supervision Law regulates that the People's Congress shall supervise the Supervision Committee.Article 54 regulates that the Supervisio n Committee shall accept Democratic supervision,media's supervision,and social supervision.For this new institution,only this two items to regulate subject and mode of external supervision is obviously unreasonable.Whether the external supervision system can be properly set up is directly related to a result that the surveillance on the Supervisory Committee will come into effect or not.According to the analysis of the external supervision items on the Supervision Committee,we found that the subject of the external supervision is still incommplete.In addition to the supervision of traditional power offices,democratic supervision,media's supervision and social supervision,there is still lack of supervision by the party and audit institutions.What's more,the supervision of power institutions is relatively macro.The supervision of the National People's Congress has always been there,but we still need to improve the surveillance capabilities of Supervision Committee combining with its own features to make the most of the people's supervision.Of course,it is also a problem how is the effectiveness of the above-mentio ned differe nt supervisory bodies and how to exert their own supervisory advantages among the external supervisory subjects that needs to be specifically explored.With regard to the shortcomings in the current external supervision system of Chinese Supervisory Committee,explore an external supervision system with Chinese characteristics that coincides with China's national conditions by studying the external supervision system of the extraterritorial supervisory institutions,comparing the experience and advantages of the extraterritorial courts with the external supervision system of o ur Supervisory Committee.In this paper,the improvement measures on the external supervision system of the Supervisory Committee are mainly carried out from two aspects.First,put forward sound and specific impro vement measures on the existing exte rnal supervisio n o ffices.For the supervision of the authorities,it is possible to strengthen the supervisory function of the special committee.Incorporate the supervisory authority into the supervision of the judicial administrative system by the special committee of the National People's Congress.Establish an O mbudsman Disciplinary Committee within the authority to strengthen the external supervision of the People's Congress on the Supervisory Committee.With regard to the supervision of special inspectors,it is necessary to highlight the attributes of their external supervision.In particular,the selection of special inspectors needs to be transferred to an agency other than the Supervisory Committee to ensure that they are not subject to the Supervisory Committee's self-selection and avoid oversight.For the monitoring information disclosure system,it needs to be clearly defined by means of legislation.Besides,it is necessary to combine the Internet with digital media which are emerging technologies so as to publish the supervision informatio n in time and acc urately.Accept the external supervision willingly.The second is to establish a new set of supervision methods of the external supervisors that are currently lacking.The reform of the supervision system ended the situation of relatively loose anti-corruption forces,integrated various anti-corruption resources,and established the authority of anti-corruption work.The auditing agency also has certain anti-corruption functions.Give full play to the auditing advantages and characteristics of the auditing institution,strengthen the audit of the economic responsibility of the supervisory institutions and their leading cadres,and ensure that the Supervisory Committee can operate in an honest and efficient manner.Perfect the existing deficiencies in the external supervision system.Give full play to the supervisory functions of other external supervisory bodies.Establish the external supervision system of the Supervisory Committee.Supervisory Committee will be able to operate on the track of the rule of law.