The Role Of Inspector 's System In The Protection Of Human Rights

Parliamentary ombudsman first came into being in Scandinavian Sweden in 1809. After that it received widespread attention and was introduced into parliamentary supervision system because it was able to place effective supervision on the increasing administrative power and protect human rights. In 1919, Finland became the second country which adopted parliamentary ombudsman system and achieved a great success. After World War II, many countries such as Denmark, New Zealand and UK etc. imitated one after another. Today except some Central and Southern American countries, many countries have adopted ombudsman or parliamentary ombudsman system.Because of different national situations, the shapes of ombudsmen in different countries differ from each other. Ombudsman is independent of administrative system and serves as external supervisor. It functions as the extension of parliament power and has some quasi-judicial functions. The decisions made by ombudsman have no legal forces. However to take the effect into consideration, ombudsman plays an important role in the protection of human rights in many countries.In March, 2004, China amended its constitution for the fourth time. The newly amended Constitution emphasizes the regulation on state power and the protection of human rights. At the beginning of 2011, China declared the establishment of socialist legal system with Chinese characteristics. The Fourth Plenary Session of the Eighteenth Central Committee of the Chinese Communist Party put forward major measures to strengthen supervision by Party organizations and members, supervision by National People’s Congress, administrative supervision, judicial supervision, audit supervision, social supervision and supervision by public opinion. Under such circumstances, it is urgent to learn the advanced ombudsman system and strengthen human rights protection system in our country.To protect human rights through supervision over administrative organs and members, China has a lot to be enhanced in system design and actual operation, such as lack of authoritativeness for supervision at the same level, inadequate internal supervision, lack of independence for external supervision, as well as insufficient material supplies. There is something in common for abovementioned problems, which is the lack of independence in the establishment of the organization and the lack of authoritativeness while functioning. The key to these problems is to learn from western parliamentary ombudsman system, to establish CPC ombudsman system suitable to China’s circumstances and improve our letter and visit system, and thus promote human rights protection cause in China.