Research On The Legalization Of The Operation Of National Supervisory Powe

The reform of the national supervision system is an important measure to improve the power supervision system of the party and the state,and it is an important part of comprehensive law-based governance and realizing the modernization of the national governance system and governance capacity.Since entering the new era,the Communist Party of China has vigorously promoted the comprehensive and strict governance of the party,continued to promote the reform of the discipline inspection and supervision system,and achieved world-renowned achievements.As a new type of state power,the national supervisory power also came into being.However,power is a double-edged sword that can hurt both the enemy and the self.The establishment of the national supervisory power is an important measure to promote the rule of law in the operation of public power,and the state supervision power itself,which is the"power to govern officials",must also be incorporated into the framework of the rule of law and operate on the track of the rule of law.General Secretary Xi Jinping has also repeatedly emphasized the need to "promote the rule of law of national supervision work".In view of this,based on the spirit of the central government,and facing the development needs of national supervision theory and practice,this paper selects the rule of law of the operation of national supervisory power as the topic of the thesis,builds an analytical framework based on the analysis principles of system theory,and this article focuses on the core issue of how the operation of the national supervisory power is ruled of law and conducts a systematic analysis.The rule of law of the operation of national supervisory power is composed of a group of concepts that are closely related to each other.This paper conducts theoretical research on the basis of clarifying and grasping these core concepts.On the basis of sorting out and reflecting on the theoretical research of related concepts,this paper defines the national supervisory power.Based on this,from the perspective of the system,it can be further clarified that the rule of law in the operation of national supervisory power is to put the concept of the rule of law and the method of the rule of law into the allocation,exercise,restriction and supervision of the national supervisory power,so as to make it go round and round with people at the centre.After clarifying the core concepts,this paper is mainly guided by the theory of power supervision in Xi Jinping’s thought on the rule of law,and takes the analysis principle of system theory as the cornerstone to construct a three-dimensional dimension of the rule of law of the operation of national supervision power as an analytical framework to coordinate the full text.Therefore,the core issue of the rule of law in the operation of the national supervisory power is divided into three sub-issues:the rule of law in the allocation of state supervisory power,the rule of law in exercise,and the rule of law in restriction and supervision.This paper attempts to answer the core question of this paper by analyzing and exploring these three aspects.The rule of law in the allocation of the national supervisory power is the premise of the rule of law in the operation of national supervisory power,and the allocation of national supervisory power reflects the logic of "authorization according to law".The national supervisory power is created under the leadership of the Party and within the framework of the socialist legal system with Chinese characteristics.Through structural control and procedural constraints,the effective accommodation of elements of reform and the rule of law has been achieved,showing the way the Chinese Communist Party shapes the will of the country and the rule of law.The newly created national supervisory power changed the original state power structure and formed the state power organizational structure of "one government,one committee and two houses" under the National People’s Congress led by the Communist Party of China.At the same time,the national supervisory organs have further allocated and coordinated their powers through internal institutions,co-located offices,stationed offices,and clarifying the relationship between the state supervisory organs at lower and lower levels,forming a centralized,efficient,authoritative,and coordinated organizational system.Different from the "discrete" power allocation model formed by Western countries based on the theory of separation of powers,China’s state power is based on an "integrated" power allocation model formed on the basis of "appropriate function".Under the leadership of the Communist Party of China,on the premise of the unity of state power,within the institutional framework of the People’s Congress,the division of state power is carried out in accordance with the basic principles of proper function,so as to realize the unity of democracy and efficiency.The rule of law of the exercise of the national supervisory power is the core of the legalization of the operation of the state’s supervisory power,and the exercise of the state’s supervisory power reflects the logic of"using power according to law".The exercise of power is the most direct dynamic presentation of power operation,and the intuitive expression of the effect of power operation.By analyzing the legal system of national supervision on the basis of the constitution,it can be found that:The exercise of the state’s supervisory power takes "integrity and diligence" as the direct governance pursuit,"good governance" as the long-term governance pursuit,with legitimacy and effectiveness as the benchmark,and adherence to the overall leadership of the party and other aspects as the principle.The exercise of the national supervisory power has legal subjects,legal procedures,and legal objects,and the discipline inspection,supervision,and justice have achieved the connection between discipline and law,and the connection between law and law,which means that the exercise track of the national supervisory power has been outlined through legal norms,in order to ensure that the national supervisory power can always be exercised smoothly on the track of the rule of law.The legalization of the restriction and supervision of the national supervisory power is an important guarantee for the legalization of the operation of the national supervisory power.The restriction and supervision of the national supervisory power reflects the logic of "controlling power according to law".Effective control of power is the key to ensuring the effect of power.It is inevitable for the national supervisory power to accept restriction and supervision,which is not only due to the nature of power,but also derived from the internal drive of the self-revolutionary spirit.There are substantive and procedural constraints and supervision within the national supervisory system,and external leadership and supervision by the Party,the people’s congress,judicial supervision and social supervision.Therefore,the national supervision legal system has drawn a strict and detailed blueprint of "control" from the two dimensions of "internal control" and "external control".The rule of law of the operation of the national supervisory power is a new major project,and its process has gone deeper and deeper,with outstanding achievements and remarkable results.However,there will be many new situations in the process of rule of law of the operation of the state’s supervisory power,and many areas can be further optimized.At present,there are mainly key situations that need to be optimized urgently,such as the relative weakening of the "supervision" function,the convergence of "discipline and supervision" procedures,and the "heavy cooperation and light restriction" between supervision and justice.To this end,it can be further optimized by improving the system design of "supervision and supervision as the primary power",implementing the "relative separation" of procedures,and realizing the balanced development of "cooperation and restriction" between supervision and the judiciary.