On The Reform And Improvement Of China's Supervision Legal System

March 11,2018,The First Session of the 13 th National People's Congress adopted the Amendment to the Constitution of the People's Republic of China.Formally establish a supervisory committee and give supervision in Chapter 3,“National Institutions”.The Supervisory Law of the People's Republic of China adopted at the same time specifies the supervisory organs and their duties,scope of supervision and jurisdiction.This marks the initial completion of the national supervision system reform,but it is still in the period of reform pilot.Taking the implementation of the Supervision Law as a starting point,this paper makes a concrete analysis of the problems and shortcomings of the jurisdiction system of the supervision and filing of official crime cases during the pilot period of the reform of the national supervision system,and probes into the problems encountered in the supervision practice.Specifically:The first chapter introduces the situation that our country has continuously intensified anti-corruption efforts and vigorously cracked down on duty-related crimes since the Eighteenth National Congress of the Communist Party of China.Under this background,the reform of supervision system is in full swing.Aiming at the problems existing in the system of supervisory filing jurisdiction in the reform,the significance of the research is discussed,and the research methods and ideas are briefly introduced.The second chapter summarizes the system of supervision and filing jurisdiction,expounds the concept and characteristics of the supervision system,monitors the jurisdiction of the case,and sorts out the system theory of laws and regulations related to the supervision of the case.The third chapter analyzes the existing dilemma of the supervision and filing jurisdiction system.Analyze existing problems from the theory of supervision system and the practice of monitoring the jurisdiction of the case.There is a real conflict between the current supervisory personal jurisdiction and the criminal jurisdiction's territorial jurisdiction.There is no specific standard for the jurisdiction of the designated jurisdiction.The jurisdictional negotiation mechanism is not very operational,the supervision of the case for monitoring the case is weak,and the supervision and filing jurisdiction is lacking.The fourth chapter introduces the jurisdictional system for the filing of duty crimes in relevant countries.It analyzes the legal provisions governing the filing of the civil law system and the major countries of the common law system,and finds some legal systems for the criminalization of duty crimes.The fifth chapter puts forward its own thoughts and views on perfecting and perfecting the jurisdictional system for monitoring and filing in China.It is necessary to legislate to promote the connection between the jurisdiction of the supervision and the relevant laws and regulations,give the State Supervision Commission the power to enact laws,further define the scope of the object of supervision,promote the coordination of personal and territorial jurisdiction,and supervise the jurisdiction of the case and the jurisdiction of the party and the case;To apply the applicable principles and conditions of the jurisdictional case,adhere to the statutory principle of the specified jurisdiction,clearly define the jurisdictional procedures,promote the unification of efficiency priorities and combating crimes;improve the supporting measures for monitoring the case-based jurisdiction,establish a supervision and supervision system,and improve the system of consultation and jurisdiction,Establish a system of monitoring and opposition to the case.