Study On The System Of Administrative Supervision In China

The research of this paper is the current administrative supervisory system of China for elephant, this has delimited the research scope of this paper. Select administration to supervise in order to study object, major administration supervise is the important composition part of national administrative that supervisor system, it is also the important link of modern administration. It for guarantee state law, regulations and policy implement enforcement correctly, promoting executive authority and its staff is according to law administrative, honest and administrative , efficiently administrative , take important guarantee to take affect. Especially along with modern social division of labour melt carefully, administration scope extend , government and administrative power enlarge what relatively, improve and if perfect administration to supervise the machinemade and effective monitoring of strengthening for government to administrative behavior and administrative power operation course , look particularly necessary. Therefore for the administrative theoretical research and actual analysis that supervised with countermeasure discuss to have very of important realistic meaning.This paper excludes foreword and conclusion to share, divide into 4 parts:The first minute is theoretical as administration that supervises to explain. First, is the administrative concept that supervised , denote national power office or through the special organization attached ( administration and supervise office ) the other people conducted laws that appointed according to law for national executive authority, the national staff of that executive authority and national executive authority, and regulations, policy and the condition of decision and order as well as break the law with violate the behavior of administrative discipline supervise , Jiu the comprehensive inspection and campaign that lifted and punished. Secondly, it is the of administrative feature that supervised: It is first , that administration supervise is basis constitution stipulation, from the national highest power administration with according to law definite office power; It is second , administration supervise the country that takes the responsibility for if supervising work specially by different levels people's government administration to supervise office enforcement; It is of 3th , it is national executive authority, national orderly and the other people that appoint by national executive authority that what administration supervise office supervise object; It is comprehensive supervisor inspection that 4th and that to administration supervise. It is the administrative what historical evolution of our country that supervised again, in which have elaborated our administrative supervisory system from found country since development condition. What elaborate finally is that the administrative function that supervised. It is 3 that the author think that the about administrative function that supervised has , law what enforcement is supervised , is honest to supervise , if usefulness supervise , as well as for administration supervise role and the purpose of every function have carried out detailed explanation.Second part is the reference of foreign administrative supervisory system. What first introduce is that the an of administrative supervisory system of Sweden. Sweden is parliamentary administration supervise the system of is assistant director originate land, for 1809 years, it is the first that Sweden establish so as king and parliamentary minute right principle for foundation become writing constitution, stipulate administration clearly to that supervise the it representative parliamentary, representative citizen that supervisor official of assistant director; At the same time, have also introduced Swedish parliament to supervise the basic content of the system of assistant director , include Swedish parliamentary administration to supervise the what organization form of the system of assistant director and is parliamentary to supervise assistant director to exercise the general program of power. What introduce secondly is that British administrative that supervisory system. England is typical parliament monarchy country, is being parliamentary and monarchy to take off to carry out responsibility cabinet system , parliament and carries out for administrative right, is strong to supervise. In which have elaborated British administration in detail to supervise assistant director supervise object, duty and working way. Is Swedish again , the British parliamentary administrative trade off study that supervises the system of assistant director. Through supervising the what to that understanding of the system of assistant director for if Swedish, British administration, the summary of the author makes what administration to supervise the characteristic of assistant director, have 3: Is first , supervise the of position of assistant director to have authoritativeness and its authority have independence; It is second , it is extensive to supervise the duty scope of assistant director , working way flexible; 3th supervises the handling of it assistant director, have and effective measure. It is that our country refers to that administration to supervise the that reasonability of the system of assistant director to expound and prove finally. Compare with Sweden and England, the administration of our country supervise office do not stand indepently , legal if position low , supervise the aspects such as office person, wealth and thing , get government direct management , is also away from the support that does not open government every department , this kind of surveillant depend on in quilt the relation of surveillant, can not show it's authoritativeness and independence. In our country establishment administration supervise the system of is assistant director not rumors , fight only on paper: The one of system of people's congress is the administrative at all system foundation of supervising the system of assistant director; Secondly, it is to remedy the effective channel of our country of " supervise cavity " to lead into that administration to supervise the system of assistant of director.The part of 3th is the analysis of present situation of the administrative supervisory system of our country. China's existing administrative monitoring system on the whole is good, but there are also many flaws and imperfections of. The author is major to be from the tomorrow 3 aspects: It is first , administration of supervise legal system un-sound. In which major is for " the administrative law of supervising " and the existent major problem " implement Statute" have gone on concise concise elaborate. It is second , administration supervise system not reasonable. In 1993, country is that administrative to office the discipline inspection with party office join office and official business after, have arisen many abuses, supervise office also not again direct to superviser and the people's governmen t with level of supervise office take the what is responsibility , and directly take the responsibility to the century member Standing Committee with the party of level. Century member has become the directly leading office that supervises office , forms actually the heavy leads that supervise for administration, significant problem is decided by the century collective discussion of standing member, it is implemented that this makes supervise the office responsible system of senior officer to be hard, cause duty to be unclear , limits of authority is equivocal , with party generation Zheng, party discipline Zheng century punishment do not divide , so that the condition that appearance replaces disciplinary and sanction with the punishment of party discipline. At the same time in the course of supervising , cause mutually system elbow easily, make administration supervise to flow in form, is in dependency position , have so violated according to law of administrative goal on foundation. It does not be perfected that 3th and administration supervise mechanism. In the not administrative system of our country, responsibility mechanism is un-sound , in being administrative to supervis e work, do not establish the system of job responsibility with effective science or do not handle affairs conscientiously according to system of job responsibility, cause not to perform duty and can not perform the phenomenon of duty well get do not arrive effective restrain. , in the administrative supervisory system of our country, corresponding remedial mechanism also lacks. Highest people's court in " about carry out < the administrative procedural law of the People's Republic of China > the what explanation of some problem appointments and removals and the rewards and punishments " will concerning" decision the and executive authority " explain is " the decision that made and is concerned with this orderly right duty of executive that authority ". So, concerning the identity of orderly guarantee right and position request right , rely on the rights such as eastern pay right, insurance and welfare get to hurt, can only seek the built-in way solution of administrative system.What the part of 4th elaborate mainly is that in the existing administrative supervisory system of our country, the problem had is some and perfect a s the author puts forward to suggest. It is first , Proposed amendments as soon as possible "administrative supervision". Also make some stipulation in practice in because of can not hold and is hard to implement to position, and have produced certain negative influence as supervising work. Therefore as soon as possible for " the administrative law of that supervising " perfect , is current administration to that supervise the matter of legal regulations construction. Also the formulation of the "Administrative Supervision Law," the related laws and regulations, and in improving the "administrative supervision" on the basis of the need for relevant legislation to take into consideration the Independent Commission Against Corruption, breaking only after heavy punishment, not the narrow-prevention perspective , from prevention mechanism, check mechanism and the elimination of the three levels on the mechanism to establish a new system, stepping up efforts to formulate a package of laws and regulations, with a view to control and eliminate corruption.Is second , reform current administration to supervise system. After joining office official business have arisen that administration to supervise office position the phenomenon that does not stand indepently and lack authoritativeness. Suggest to establish China own administration supervise the system of assistant director, one is in nation-wide and the local that committee of the National People's Congress establish what administration supervise special committee; is it what administration supervise special committee with supervise assistant director for the National People's Congress take the responsibility for and accept the supervisor of the Standing Committee of the NPC; It is reasonably installation supervise assistant director supervise scope and duty limits of that authority. The operation that 3th and perfect administration supervise is machinemade. That Improve administration to and supervise the responsibility mechanism of law enforcement , strengthen administration to supervise responsibility that supervisor , carry out fault to look into system, will supervise people responsibility look into with administrative what compensation; Perfect that of administration to supervise remedial mechanism, what administration supervise office break the law make make supervise administrative coercive measures, have intruded the legal rights and interests of relative person , should allow to mention administrative lawsuit, administration supervise office break the law make make supervise decision, benefit and the right of having intruded orderly should allow orderly to seek judicial relief.