On The Application Of The Principle Of Democratic Centralism In Supervision Law

As a symbolic concept of China’s political system,the principle of democratic centralism is not only the political ideal of the proletarian party,but also the basic method of building state institutions.Its requirements for democracy and concentration run through the entire process of the organization and operation of the party and state institutions.After the reform of the supervision system,which is concerned with the overall situation,the organization and allocation of state power demand to be readjusted,and the issues of the organization,operation,and supervision of the new supervisory organs also need to be resolved.The democratic centralism,as the organizational principle and leading system,must play its due role at this time.Taking "the application of the principle of democratic centralism in the supervision law" as the theme,the paper separately studies the basic theory of the principle of democratic centralism,as well as the reasons,basis and specific forms of the application of the principle of democratic centralism in the field of supervision.Furthermore,the two values of "democratic legitimacy" and "governance effectiveness" implied by the principle of democratic centralism are used as tools to further discuss the application of the principle of democratic centralism in the supervisory organization system,supervisory operation system and supervision system,in order to fully analyze the application of the principle of democratic centralism in the field of supervision.Chapter 1 studies the historical evolution of the principle of democratic centralism.The idea of democratic centralism can be traced back to the time of Marx and Engels.In the Lenin period,the concept of democratic centralism was formally proposed and systematically elaborated.Since being introduced into China,the principle of democratic centralism has played an important role in the whole process of revolution,construction and reform,and has been continuously improved in practice.The democratic centralism in the Party Constitution has not only expanded its content in the years of development,but also entered the main body of the Party Constitution from the general outline.Combined with China’s revolutionary practice,the democratic centralism has achieved localization.The principle of democratic centralism within the party is not only an organizational principle,but also an activity principle and working method.The inclusion of the principle of democratic centralism in the constitution is not only a requirement for the "party state",but also a need for national unification and effective organization of state institutions.After several amendments to the Constitution,the provisions of the democratic centralism in the current constitution include several parts such as terms of institution establishment,terms of power allocation,terms of neighboring relationship and terms of activity principles.Chapter 2 explains the basic theory of democratic centralism.The foundation of democratic centralism is democracy and the essence is concentration.Democratic centralism is the combination and dynamic balance of democracy and concentration,which refers to the correct concentration of the will and interests of the people on the basis of extensive democracy.The principle of democratic centralism is not only the organizational principle,but also the basic activity principle of the party and state institutions.Of course,considering the great differences between various state organs,it is necessary to choose different application methods according to the actual situation.Also,the democratic centralism is the concrete manifestation and application of the mass line,as well as the basic and influential working method of the party and state institutions.Finally,in the logical system of democratic centralism,the dual values of "democratic legitimacy" and "governance effectiveness" coexist.Democratic centralism is neither simply for democracy nor for concentration.Instead,it is only the combination of democracy and concentration that can maximize the practice and effect of democratic centralism.Chapter 3 elaborates the basic theory of the application of democratic centralism in the supervision law.After the reform of the supervision system,the allocation of state power needs readjustment,and the inner-party supervision system and the national supervision system also demand reorganization.All these changes require to be adjusted and guided by the democratic centralism,which is the fundamental organizational principle of the party and state institutions.At the same time,after the reform,the supervisory organs must also establish the order of organization and operation of the supervisory power under the guidance of democratic centralism.From a normative point of view,the application of the principle of democratic centralism in the supervisory work is based on both internal party regulations and the Constitution and the Supervision Law.After the Disciplinary Commission and the Supervisory Commission are jointly deployed,the standard system of co-governance of discipline and law provides the premise and foundation for the application of the principle of democratic centralism.In terms of the specific form of application,the democratic centralism as the principle of organization and activity is not only the core of constructing the supervisory organization system,but also the basic tool for constructing the supervisory decision-making system and supervision system.Chapter 4 discusses the application of the principle of democratic centralism in the supervisory organization system.Regarding the relationship between the supervisory authority and the power authority,changes in the manner of power allocation will not affect the logic and structure of the power allocation.The supervisory authority must still obey the basic requirement,which means that the supervisory authority must be produced by,be responsible for,and be supervised by the power authority.Even though the supervisory power extends into the whole national organization,the authority of the NPC shall not be shaken.At the same time,the political attributes of the supervisory authority also require a partial modification of the way of practicing the supervision of the NPC.In terms of the relationship between the supervisory authority and other national authorities,democratic centralism has established a system of division rather than decentralization.On the basis of a reasonable division of labor,in order to improve the effectiveness of governance,the supervisory authority needs to cooperate with administrative and judicial authorities.Also,in order to ensure the standardization and legality of the operation of the supervisory power,the supervisory authority must be restricted and supervised by other authorities.Eventually,a neighboring relation of division of labor,consistent action,and mutual supervision is formed.In terms of the relationship between supervisory organs at higher and lower levels,based on the dual nature of supervisory organs as both state organs and political organs,an actual triple leadership relationship has been formed under the guidance of the principle of democratic centralism.First,supervisory organs are responsible to people ’s congresses at the same level.Second,supervisory organs are responsible to the supervisory organs at the higher level.Third,supervisory organs are responsible to the party committee at the same level.Among these relations,the business leadership of the supervisory commission at the higher level is the main leadership in daily work.Of course,such multiple leadership relations also affect the personnel management of the supervisory authority and the rule setting for case jurisdiction.Chapter 5 studies the application of the principle of democratic centralism in the operation of supervision.The democratic centralism in the process of power operation generally includes several elements such as committee system,collective decision-making and responsibility system.In the operation of supervisory power,the democratic centralism has certain characteristics of being closed,political and unified.Therefore,the application of the principle of democratic centralism in the operation of supervisory power is reflected in the committee-based leadership system,collective leadership system,system of requesting instructions and submitting reports as well as strict responsibility system,etc.The collective decision-making system in the Supervision Law is a system that implements conference decisions on major supervisory matters through democratic decision-making procedures,which specifically includes four collective decision-making forms: collective research,collective discussion,thematic meetings,and the Standing Committee Meetings of Disciplinary Commission(Supervisory Commission).This way of decision-making ensures the legality,effectiveness and scientificity of the decision-making process of the supervisory authority.The system of requesting instructions and submitting reports in the Supervision Law is an effective mechanism to implement the democratic centralism.At the important points in the investigation and processing of the supervisory cases,the necessary procedures of requesting instructions and submitting reports require to be performed.The instruction and request reports are divided into three types,which are the report to the chief person in charge of the supervisory committee,the report to the supervisory committee at the higher level and the report to the party committee at the same level.The reporting system helps achieve the unified leadership of the party on anti-corruption work and effective communication,coordination and action within the supervision system.