The Study Of China's Supervisory Administration System

Supervisory administration as one kind of specialized legal system, with its unique professional and administrative specialty in the country, is in an important position. After years of development and improvement, administrative supervision systems in China gets access to the rich achievements in the maintenance of administrative discipline, and promote clean government, efficient administration by law and so on, has played an important role. However, in the leadership system, legal system, operation mechanism and cadres in such areas, it can not be ignored, and it can not be sheered. Therefore, it is necessary to monitor the administrative system from the theoretical to the practical research work carried out in-depth discussions. This article is divided into five sections. Details are as follows:The first section: the outline of supervisory administration.First part is the concept of supervisory administration and characteristics. Criticism in succession is based on the concept of administrative supervision and administrative supervision of the features elaborate. It refers to the administrative supervision system in the country set up a special exercise of the powers of oversight bodies, in accordance with the law of the country. The executive authorities, the state and national civil servants appointed by the executive officers and other organizations to exercise executive power to implement national laws, regulations, policies, decisions and monitor violations of law, the inspector, correct and give disciplinary activities. Including four aspects, namely, the implementation of administrative supervision is the main body of a particular organ. The main object is to monitor the object of the administrative legal, as well as the object is a comprehensive supervision and inspection.Second part is the duties of supervisory administration. Firstly, it is the law enforcement inspection, and the other is against the admissibility of prosecution and the investigation. The third deals with disciplinary cases. The fourth is to receive complaints.Third part is the status and role of the supervisory administration. Supervisory administration is the realization of the executive administration according to law, an important guarantee for national staff honesty and cleanness, and efficient administration. It is an important part to strengthen the socialist rule of law. To promote its administration according to law, safeguard the decree Smooth; against corruption and ensure fair and honest and improve the administration and promote high-performance work, it has a very important role.The second section: China's supervisory administration system and the use for reference.China's administrative system to monitor the history can generally be divided into three periods: The first of China's ancient system of monitoring, including monitoring of Ancient History and the establishment of institutions to monitor the system, and authorities monitor the status of the Ombudsman, the Ombudsman's specific management system. Second, China's modern monitoring system, including the military government in Hubei Province and Guangzhou national government's monitoring system, the Northern government during the G-Su Office of the Executive Yuan, the KMT government in Nanjing, and other specific details of the monitoring system. Third, the administrative supervision of the People's Republic of China in the early System introduced at all levels to monitor the agency's creation and its main task to monitor the system's leadership system, the monitoring body as well as the revocation of the restoration and re-established, and so on, and at this stage of China's administrative supervision system to clarify the leadership system.The third section: the analysis of western national supervisory administration.Western countries to monitor the system can be roughly divided into three types: The first class of Parliament; Second, the type of justice; three types of government. Parliament on behalf of the principal mode of Sweden, the United States; justice on behalf of the principal mode of France, the United Kingdom; Government The principal form of expression in Japan. Article makes a general introduction on the above-mentioned several different types of national monitoring system.The forth section: the analysis of the present supervisory administration system in our country.As a chief secretary power system for supervising administrative supervision, the main problems are the following: First, administrative supervision and leadership system set up institutions unreasonable. Dual-leadership system, the administrative supervision of local authorities too much interference; Offices of discipline inspection and supervision, irrespective of party and government administrative bodies set up to monitor undermined the independence of the executive and supervisory organs; Lower-level administrative authorities to monitor the loose, lack the necessary guidance; local authorities to monitor the vertical management oversight difficult.Second is the legal system and administrative supervision. The basic norms of governance to monitor the long-term absence, the level at the end of supporting laws and regulations, not the system, it is difficult to operate; customs legislation is lagging behind, for lack of administrative activities and supervision of law; inspection organs and their staff in law enforcement In the absence of legal constraints and regulations; monitoring and the legal protection of whistle-blowers to be improved.Third is the imperfect mechanism for administrative supervision; leadership responsibility for administrative supervision mechanisms; education weakening prevention mechanism; a lack of prevention and monitoring mechanisms in the matter; administrative supervision of the reward and punishment mechanisms.Fourth is monitoring the executive ranks there are drawbacks. Ranks of the total lack of administrative supervision; to monitor the administrative structure of the team are not better; the executive management team monitoring mechanisms.The fifth section: some reflection to strength and promote our supervisory administration.Without binding and supervision bound to lead to power abuse and corruption, it must be power of power and give full play to the administrative supervision of work due role to improve and strengthen administrative supervision system. Firstly, it is the reform of the existing system of administrative supervision and institutional settings. The first is from the executive authorities in an independent, directly under the authority. Secondly, the leadership of the administrative system to monitor the implementation of organs should be vertical leadership system. That is, lower-level monitoring and supervision organs at a higher level authorities have , Take direct orders from higher authorities to monitor the authorities, in order to monitor the higher authorities of the branches throughout the country self-monitoring body. Thirdly, it is to clarify the authorities and the monitoring of the party's discipline inspection organs. Discipline inspection and administrative supervision will be separated no longer co-located, Regardless of party and government in order to avoid discipline and punishment in place of national laws and administrative disciplinary sanctions phenomenon, and non-party members to promote the equality between members.Second, improve the administrative supervision of China's current legal system. The first is to improve the prevention and punishment of corruption laws and regulations, the establishment and improvement of anti-corruption legal system to prevent. The further implementation of the Administrative Supervision Law and its implementation details of the efforts to build a legal system of administrative supervision Framework, improve the administrative norms and regulations. The second is to use the development point of view, in view of new circumstances and problems of innovation system, so that the Independent Commission regulations have advanced. It is to the development of anti-corruption law civil law code of conduct supervision of law Reporting law and Administrative Procedure Act and a series of laws and regulations, as far as possible to take preventive measures. The third is to gradually perfect the supervision of administrative supervision. Change the administrative supervision and personnel authorities in the implementation of the monitoring process and not in accordance with the law to monitor the situation.Third, it is improving administrative supervision mechanism. First, we must improve the leadership responsibility system. Adhere to the Party and government leaders together to monitor the organization and coordination body, responsible for their own departments, to rely on the support and participation of the masses of the working mechanism, so that a coordinated monitoring, Benign operation. The second is to establish and improve mechanisms for prevention education. From the basic theory of education, ideological education, moral education, anti-corruption education and other aspects of the whole staff of the Government law-abiding, honest and self-discipline to follow the consciousness. Third, we should strengthen the supervision of the anti-corruption mechanism. Constantly improve and perfect the supervision system and institutional constraints. Fourth, it is the establishment of mechanisms special projects. The fifth is to improve the mechanism of rewards and punishments.Fourth, improve the monitoring mechanism employment and the administrative supervision of the construction of high-quality team. First, the good entry and enhance administrative supervision of cadres of their own qualities. The second is to explore a full-time administrative supervision of cadres of the road. Cultivate a number of familiar economic and legal , Finance, management of computer experts to monitor and gather all types of specialized personnel in order to achieve the monitoring body to monitor the way of fundamental change. Third, strengthen the monitoring of the training of cadres. Enhance the knowledge and learning business skills. Fourth, it is the establishment of Ombudsman Identity protection system. Draw on the development of Judges Law, Law on the Prosecutor experience. As soon as possible to make Ombudsman Act, ensure that inspectors have a higher socio-economic status and political status.