Research On The Disposal Power Of The Supervisory Committee

The supervisory power is a decision-making power with enforcement made by the supervisory committee in accordance with the legal procedure.The supervisory power has attributes of disciplinary inspection and supervisory authority,substantive power and procedural power,judgment and executive power.There are three types of supervisory power: recommended supervisory,disposition and transfer supervisory.The principle of supervisory power includes legal authority,proper procedure,independent supervision,coordination of disposal,etc.Under the current constitutional system in which the people’s Congress is Paramount,it is the legitimate basis for the operation of the power of disposal of supervisory committees to coordinate the relations between the power to remove people’s congresses and the power to remove people’s congresses,the power of administrative punishment,the power of procuratorial supervision and the power to judge.The supervisory committee shall exercise the power of disposal under the supervision of the National People’s Congress,and the power of disposal and recall shall be divided into different functions and not be substituted for each other.From the perspective of system operation,the supervisory committee has varying degrees of tension with the power to remove leaders of the organs of the PEOPLE’s Congresses,officials elected and appointed by the people’s congresses,and deputies to the people’s Congresses when discharging their functions and powers.In terms of coordination mechanism,the supervision of leaders involved in the organs of the people’s Congress should eliminate the logical paradox between the full coverage of supervision and the supreme power system of the people’s Congress by means of elevating jurisdiction.The disposal of elected officials should be coordinated with the personnel supervision of the NPC.The handling of deputies to the NPC should follow the principle of giving priority to political responsibility.Supervision and restriction exist between the supervision committee and the procurator-ate.The former has the right to supervise the latter’s public officials,but it is inappropriate to supervise the latter’s performance of statutory duties.The latter restricts the former by means of supervising the legality of duty crime investigation,deciding whether to approve arrest or not and initiating public prosecution.Based on the idea of trial centralism,the scope of public officials supervising judicial organs of the supervision committee should be limited and the principle of due process should be followed.Judicial restrictions on supervisory organs include the transfer of criminal cases for review for prosecution and the administration of justice for recommendations of lenient punishment.Review and limited supervision of disposal measures.The concept of "law-enforcing department" was created by the Constitution to meet the needs of the reform of the supervision system and to strengthen the cooperation and restriction between the law-enforcing departments and the supervision organs.The power of disposal and the power of disciplinary punishment belong to different supervision and the same supervision.The former can carry out re-supervision over the latter,while the latter can restrict the disposal measures of supervisory organs by means of pre-punishment.The applicable boundary follows the law reservation,the processing procedure follows the supervision priority,and the operation mode follows the authority coordination,which constitute the coordination path of internal and external supervision mechanism.The proposed disposal power is a kind of conditional coercive execution power and an important part of the disposal power of supervisory organs.The legal concept of supervision recommendation should be interpreted in a limited way,and the provisions of supervision recommendation put forward by supervisory subjects "according to authorization" should be regulated reasonably.In addition,it should be considered whether the objectives of the supervision recommendation system can be achieved and whether the supervision recommendation will violate the core areas of other powers when setting application reasons.The supervision and accountability system has the problem of insufficient supply,which needs to be perfected by law.The suggestion of lenient punishment is a system arrangement for the supervision law to realize the connection between the supervision procedure and the judicial procedure.It has the dual value orientation of the connection between law and law,the optimization of resources,the balance of interests and the protection of human rights.The suggestion of lenient punishment has independent value and certain attribute of evidence,which should be endowed with independent legal status.The path of legalization should focus on three aspects: system integration under the background of law cohesion,judicial response under the principle of coordination and restriction,and judicial review from the perspective of judicature centralism.Disposal power is the core content of the disposal right of supervisory organs,which has the characteristics of substantiality and procedure,independent disposition and cooperative disposition.The type of administrative punishment belongs to the typical disposition measure.Under the current double-track punishment system,the configuration mode of supervisory organs is difficult to meet the task requirements of the administrative punishment system,and it is difficult to effectively exercise the punishment right of appointing and removing organs and units.In this regard,it is necessary to define the relationship between administrative punishment and punishment from the perspective of "allograft supervision" and "co-entity supervision",and clarify the supervision and restriction of the supervisory committee on the power of disciplinary punishment of appointed or removed organs and units,as well as the division of labor,cooperation and restriction between them.Based on the analysis of the structure of legal norms,the law violation should be regarded as the applicable reason of administrative punishment.The legal basis for establishing the illegal causes of administrative punishment is the legal arrangement for the moral examination of the objects of supervision,the inheritance of the traditional supervisory culture of the officials and the obligation of the public officials to abide by the law.Under the guidance and control of the principle of supervision and rule of law,the normative path of the causes of illegal administrative punishment requires that the causes of illegal ACTS should be statutory in form,and on the basis of reasonably delineating the types of causes of illegal ACTS in essence,the severity of illegal ACTS and the degree of administrative punishment should be matched.The administrative procedure has the characteristics of independence,closure,dual structure and diversity.On the whole,the administrative punishment procedure can be divided into three parts: general procedure,special procedure and relief procedure.How to systematize the administrative punishment procedure within the framework of legal procedure is the direction of theoretical research and legislative improvement in the future.Transfer type disposition power mainly refers to the power that the supervision committee transfers its case to the relevant departments to deal with,mainly refers to the power that transfers the procuratorate to examine and prosecute.Transfer to review prosecution is the duty crime cases from the supervision of the process into the proceedings of the port.The transformation of a supervisory case into a criminal case should take the acceptance of supervisory case materials by the procuratorial organ as the node.The procedure for returning to a supplementary investigation should be defined by its nature as a judicial procedure.The homogeneity of the evidence of supervision and the evidence of criminal procedure and the applicability of the criminal procedure law in the supervision procedure are the prerequisites for constructing the operable and hierarchical rules of the exclusion of illegal evidence in the field of duty crimes.It is necessary to strengthen the internal regulation mechanism of the transfer review and prosecution,because the transfer review and prosecution are the most severe measures taken by the supervisory organs.The examination of a case transferred by the procuratorial organ includes the examination when the case is accepted and the examination after the case is accepted.The former focuses on formal review,which is the responsibility of the case management department of the procuratorial organ,while the latter focuses on substantive review,which is the responsibility of the public prosecution department.The procuratorial organs should have the right to intervene in the investigation of crimes committed by officials,but the scope of examination should be limited to the field of illegal evidence collection.The internal examination and approval procedures of the supervisory organs should not be directly examined because they do not follow the procedural logic of criminal proceedings.