The Research On Supervision Of Provisional Government Agencies In China

Our country is in a social transitional period in which socio-economic affairs are complex and the environment of government administration is changing rapidly, so, permanent government institutions often feel difficult to deal with new situations and new problems concerning public affairs. In order to well perform governmental functions to manage the socio-economic affairs, government at all levels, often set up provisional government agencies to handle the temporary, emergent, sudden, or stage of socio-economic affairs. However, some local governments habitually through provisional agencies to accomplish a specific work, resulting in a large number of provisional government institutions, characteristic of miscellaneous items and having the functions of a wide range, which seriously affect and interfere with the performing of governmental functions and the administration according to law. Therefore, it is necessary to supervise the provisional agencies by standardized management and establish and improve the supervision mechanism of provisional agencies of our government. As the provisional agency is an authorized administrative body, in this paper first expound the relevant administrative supervision theory, and then based on it analyze the problems of the supervision and management of provisional government agencies by referring to the experience of foreign government supervision and management of provisional government agencies, in order to propose some strategies so as to construct Chinese supervision and management mechanisms.To establish and improve the supervision mechanism, the supervision and management of provisional government agencies must be included in the administrative supervision system, to set up both external supervision mechanism and internal one. The following strategies are proposed in this study with the aim to improve provisional government agencies.First, government function should be well transformed and the role of the provisional institution should be specified. The supervision and management of provisional governmental agencies should be based on a reasonable specification of the scope of governmental function. The executive power should not fight with market power and compete with the public interest, but encourage non-governmental organizations involved in public administration and strengthen the cooperation with non-governmental organizations. Implementation of government procurement of services, significant reduction in the size of government administration. Obtain from the NGO experience and expertise, to address the unexpectedly complex problems without this purpose the establishment of a permanent establishment or a provisional agency. The setup of provisional agency should be in accordance with the actual needs and its responsibility and authority should also be reasonably specified, thus ensuring provisional agencies a positive performance.Second, accelerate the legislative process and improve the external supervision mechanism. It is better to improve laws and regulations of the supervision and management of the provisional agencies, make it clear the conditions and procedures of the set-up and end-up of provisional agencies, and specify its authority and operation mechanism. The provisional agency's establishment must carry on the scientific examination and the strict examination, may set up may not set up, generally is not suitable sets up, its function may by the existing organization fulfillment, cease the establishment provisional agency firmly the capriciousness. To related function overlapping and when management function vacancy needs to set up the temporary organization, the paramount consideration in the government apparatus determined that is primarily coordinated the Functional departments and increases the vacancy in related or the close Functional departments the management function. To cannot solve the problem really, but must sets up the provisional agency not to be possible, must be clear about its establishment condition and the procedure. Supervision of provisional agencies must be based on the law and in accordance with the rights established by the Constitution and the law guide the political parties, social organizations, the media and individual citizens to supervise, in order to check its performance and establish supervision mechanisms, such as, external democratic government evaluation, external letters, and the supervision from media. Third, specify the internal regulation, improve internal oversight, rationalize the system of the regulation of provisional agencies, clear management, strengthen the building of the provisional agency system, and establish a reasonable mechanism of administration department's supervision of the provisional agencies. The following three points should be noticed:⑴To strengthen the administrative accountability system and be clear the regulatory body its responsibility over the regulation of provisional agencies. Our provisional government agency is generally reassigns the personnel by the numerous Functional departments to combine becomes, various functions institution has the part supervision responsibility. Because some temporary organizations when was established often rests on an administrative order, lacks legal the authorization, this means that they lack the administrative main body qualifications, cannot undertake the legal liability independently⑵Establish fund management system; specify financial management and auditing of provisional agencies. Our provisional government agency funds originate are mainly depend upon the higher authority to allocate funds, some temporary organizations undertake the duty to be significant, the higher authority allocates funds the amount to be often big, has not undergone the science reasonable budget to the temporary organization funds allocation, often is the basis temporary organization application funds report⑶Strengthen the administrative supervision of the provisional agencies; improve the supervision over the rationality of abstract administrative act and administrative act, ensuring the provisional agencies'performance in accordance with the laws and regulations.Finally, strengthen supervising coordination and improve supervision of the provisional agencies. The supervision of the provisional agencies involves s a wide range and faces great difficulties, which needs to integrate internal and external supervising forces to joint efforts so as to implement and improve supervision. On the basis of clarifying the division of responsibilities, strengthen coordination between the various supervisions of the main bodies, take full advantages of the departments of discipline inspection, court, monitoring, auditing, finance, personnel and the government legality, to actively promote and enhance the coordination mechanism of administrative supervision.