Powers Of Administrative Supervision Under The Vision Of The Administrative System Reform

Any research cannot be separated from the existing social background and historical period, and our country is in the key period of reform currently, which the administrative system reform is further development. It involves the main problems around the transition of government function, administrative organizational adjustment and administrative power allocation, administrative power operation rules and its supervision and legal protection to launch, and therefore, in the background of the administrative system reform, powers of administrative supervision should have the corresponding authoritative, meanwhile, it also cannot be misused by itself. This is the basic requirements of government ruled by law. At meanwhile, the configuration and operation of powers of administrative supervision should have clear legal foundation and legal protection and there existed corresponding regulation mechanism.Power attribute is the core of a power. We can really grasp the characteristics and content of the power by holding its attributes. Powers of administrative supervision has both executive attribute and supervision attributes. It is the dialectical unity with initiative and passivity, compulsion and authoritative. It pursuits the efficiency value of executive power, and also cannot lack the independent attributes of power of supervision. In addition, the functions of administrative offices such as government supervision, preventive supervision, enforcement supervision and efficiency supervision are not isolated from each other, but complement each other, support each other and promote each other. In the final analysis, administrative supervisory functions have "punishing" and "prevention" two aspects.There is no power which is unlimited. It should have its existing boundary, which embodies in the range of the exercise of powers. As a kind of special power type, powers of administrative supervision have specific exercising main body and certain supervisory objects, including unreasonable administrative behavior, indiscipline administrative behavior and illegal administrative behavior. In addition, the configuration of powers of administrative supervision embodies in its contents. At present, our country supervisory organs have four basic powers which are powers of administrative inspection, investigatory powers, administrative suggestion power and administrative disposition power. However, based on the needs of anti-corruption and exert full supervisory functions, the detection power of duty crime is necessary to add into the content of powers of administrative supervision.Administrative supervision activities must be in strict accordance with the procedure prescribed by the laws, using supervisory authority implementation of each activity, can produce certain legal effect. Supervisory organs of testate each step, must carry on the legal procedures. Therefore, during operation of powers of administrative supervision, it has specific procedures and methods, mainly including the inspection procedure, accepting accused and report procedures, government discipline case investigation procedures and accept complaints program. Meanwhile, as a type of state power, powers of administrative supervision running effectively is cannot without legal powerful guarantee mechanism. Only having the corresponding legal safeguard measures and legal responsibility mechanism, powers of administrative supervision can have good operating condition.Our country gives the supervisory authority to supervisory organs with legal form, for fully perform supervisory duties and fully play the functions by providing the necessary means and conditions. However, in order to ensure that these powers get correct and effective exercise, still must adopt corresponding supervision, control measures, and this is the inevitable result of administration according to law, but also the objective requirement of standardized and institutionalized. For powers of administrative supervision, we need to promote constitutional amendment, establish Constitutional status of administrative supervision, clear the legal principle of administrative supervision and construct scientific and reasonable legal system. In addition, judicial review system can not only satisfy a state power to another country power restriction and supervision requirement, also provide the right relief approach which is concerned with the rules of procedure guarantee for the parties. It plays a very important role to safeguard and supervision of administrative supervisory organs to exercise its powers of administrative supervision undoubtedly.