Study On The Dispositive Power Of The Supervisory Committee

The power of inspection and disposition is a new power that emerged after the reform of the inspection system.The power of disposition has an important place among the three basic duties assigned to the supervisory organs and is one of the safeguard functions.The emergence of the supervisory disposition power has both its historical origin in China and its reference to the world’s supervisory system.However,in general,the supervisory disposition power under the current legal framework is different from that of other countries or regions around the world.This paper takes the provisions of the Supervision Law on the supervisory power of disposal as the starting point of the study,supplemented by the Law on Administrative Punishment and the Implementing Regulations of the Supervision Law and other supporting laws,based on the study of the supervisory power of disposal in recent years,and its realistic development as the research path,to deeply explore the functions,attributes,and principles of the exercise of the supervisory power of disposal,and through uncovering the institutional value of the traditional supervisory power of disposal,to face the realistic supervisory power of disposal.By exploring the institutional value of the traditional supervisory power,we confront the problems in the operation of the real supervisory power and propose countermeasures,which have important practical significance for the current rule of law and anti-corruption.To clarify the fundamentals of supervisory and dispositional power,we must first explore and refine the functions,attributes,and principles of exercising supervisory and dispositional power.By exploring the power and object of supervisory power,the thesis analyzes the relationship among supervisory power,investigative power,and disposal power.In terms of the functions of the supervisory power,it is proposed that the supervisory power has the functions of discipline,correction of mistakes,education,"restoration" and establishment.The composite attributes of the power of supervision and disposition are: 1)the political nature of the disposition function;2)the rigor of the disposition specification;3)the comprehensiveness of the disposition object;4)the initiative of the disposition measure;5)the compulsion of the disposition effect.The above basic principles are the essential common followings in the operation of the supervisory and disposal power,which are of great value to its legitimate realization of disposal objectives and to be constrained from power abuse.The evolution of the system has a historical logic,which is not imagined out of thin air.The history of tradition is its important source,and overseas practices are also worthy of our full study and reference.The thesis deepens and expands the research horizon on the historical changes of the supervisory disposition power in China,sorts out the evolution of the supervisory disposition power in typical overseas countries(regions),and analyzes its inspiration and reference value to the current supervisory disposition power.The evolution of China’s ancient supervisory power of disposition is divided into the stages of budding,forming,maturing,and perfecting according to the development process,and the actual situation of some typical foreign countries and Chinese Hong Kong is also sorted out,all of which broaden and deepen the perspective and ideas of the study.Through the combing of historical origins,it is clear that the formation of the current supervisory power is historically inevitable,and the functions of the ancient supervisory power are: to maintain the imperial power,"supervision" and "inspection";to rule the officials by heavy regulations,strict and harsh "supervision" and "inspection".The evolution of China’s supervisory power also gives us many inspirations: supervisory institutions need to be set up independently;supervisory organs are accountable to the supreme power;two sets of central and local supervisory systems have their own functions,which is conducive to the better performance of supervisory functions;the development of specialized supervisory officials;emphasis on the construction of supervisory regulations;focus on the selection of supervisory officials;flexible and diverse ways of supervisory disposition;focus on learning from the ancient supervisory power is prone to abuse and alienation The lessons learned from the ancient times are easy to be abused and alienated.The comparative analysis of typical foreign countries and Chinese Hong Kong provides important reference materials for the improvement of China’s supervision and disposal system.By analyzing the principles,connotations and procedural mechanisms of the power of supervisory disposal,the scope involved in the power of supervisory disposal is defined,the boundaries of its operation are delineated,and the understanding of the power of supervisory disposal is strengthened.The five major principles that should be adhered to in the exercise of the supervisory power of disposal are refined and explained: 1)the principle of independent operation according to law;2)the principle of democratic centralism;3)the principle of unity of power and responsibility;4)the principle of protection of rights;5)the principle of coordination and articulation.The five types of procedural mechanisms of the supervisory power of disposal are analyzed: the category of less serious violations,the category of administrative disciplinary decisions,the category of accountability of leaders,the category of referral for prosecution of crimes in office and the category of making supervisory recommendations.In the last part of this thesis,it focuses on the problems in the operation of the four powers constituted by the power of supervision and disposition(the power of administrative punishment,the power of supervision and accountability,the power of referral for prosecution,and the power of supervision and recommendation)and how to supervise and control the power of supervision and disposition.It is pointed out that the quality and effect of administrative sanctions need to be improved,the procedural rights of the supervisory subjects need to be enhanced,the provisions of information disclosure procedures are not detailed,and the procedures of administrative sanctions and administrative and criminal penalties are not well connected;the subject of accountability needs to be clarified,the accountability procedures are not unified,the targets of accountability are expanded,and the effectiveness of accountability needs to be improved;the details of the recommendations are unclear in the use of supervisory recommendations,the recommendations in the application of supervision recommendations,there are problems such as unclear details of recommendation content,unrealistic recommendation implementation,lack of feedback mechanism for recommendation implementation and serious lack of recommendation relief;problems in the early intervention of the People’s Procuratorate in the transfer of prosecution,problems in the convergence of evidence,problems in the construction of data platform and problems in the disposal of decriminalization of job-related crimes;problems in the supervision and control of supervision and disposal power,such as the lack of active internal supervision and control,the lack of strong external supervision and control and the lagging state compensation relief system problems.The problems in the operation of the supervisory power of disposal,combined with practice,put forward practical countermeasures and suggestions with certain reference value.It is expected that the research in this paper will be beneficial to the development of the supervisory power of disposal.