On Government Legal System Supervision

How to make effective supervision on rights has been a lasting topic in human society. The acquisition and operation of rights are sure to take on different forms and features in societies in different historic periods, with different cultural backgrounds and different political and economic systems. Therefore, different designs and arrangement should be made for supervision system according to time, place and situations. Government legal supervision is the self-disciplined mechanism of administrative system with Chinese characteristics and an important component in the whole legal supervision system in our country. The paper discusses several theoretic and practical problems of this system to arise attention and thinking on it. The definition of government legal system supervision. Legal system supervision or legal supervision is the generalization of the legal supervision system. The subject, object, target and pattern of supervision are most widely and indefinite; administrative supervision or administrative legal system supervision is the sub-system of the legal supervision system with the basic characteristics of definite supervision subject and administrative supervision target and content. The administrative enforcement supervision is a kind of rank supervision between the upper and lower levels of administrative organs; government legal supervision develops from administrative enforcement supervision. To summarize, government legal supervision can be defined as a self-disciplined system about the legality of the outside administrative performance of the upper administrative organ to the lower level based on administrative subordinate relation and working instructive relation according to jurisdiction and proceedings prescribed by law, inside the administrative system and timely rank supervision. Government legal supervision possesses self-disciplined, specialized and penetrating property which embodies its advantages.The value and significance of the establishment and improvement of government legal supervision. First, the consolidation and improvement of government legal supervision is the logic outcome of authority nature and operation law. Public authority is authorized or entrusted by people,to guarantee and improve people's interest and public interests. In order to guarantee the proper performance of public rights and avoid it to be alienated and abused, it is a must to establish an effective supervision mechanism of public rights. While administrative authority possesses mandatory, one-way, expansive and evolutional characteristics, so the whole process should be under supervision. Second, the consolidation and improvement of government legal supervision is the urgent need for progressing administrative legality. The process of administrative legality in China begins in the mid 1980s and furthers gradually with the enactment of the laws on supervising and standardizing administrative performance, such as 'Administrative Lawsuit Law', 'National Compensation Law', Administrative Punishment Law', 'Administrative Reconsideration Law', 'Administrative Approval Law' and so on; The entry to WTO promotes administrative legality and provides new opportunities. However, in reality there are many prominent problems in administrative legislation or administrative enforcement. As a result, it becomes an urgent subject to standardize and restrict administrative authority for the whole society, the consolidation and improvement government legal supervision is no doubt the practical need for constraining and eliminating illegal administration and it should be central project of the administrative legal construction, which should be paid particular attention and priorily planned. Third, the consolidation and improvement of government legal supervision is the optimal choice under legal supervision system with Chinese characteristics. Our country practices socialist system under the sole leadership of Chinese Communist Party, pursues the political system of "motion in accordance to practice", d...