On Legal System Of The European Ombudsman

Ombudsman system originated in Nordic country, Sweden, and it was the result of power balance between legislative and administrative branch. Ombudsman, who was appointed by parliament, was in charge of investigating the unlawful activities and maladministration of the administrative branch, and at the same time attempted to provide effective non-judicial redress for citizens. However, decisions made by Ombudsman are not binding, and it is through the self-knowledge activities of the charged institution or for the pressure from the public opinions and the parliament that the decisions made by Ombudsman could be respected. European Union created European Ombudsman Legal System by the reference of Sweden, and up to now it is 15 years since it came into being, from imperfect to perfect. Two aims were expected to reach, first, supervising the administrative activities of institutions of European Union; second, attempting to provide effective non-judicial redress for European Citizens and residents in EU. Because of its own advantages, the system was popular among the public from its very beginning and made great contributions to the integration of EU. Our country has set up a comparatively perfect supervision system till now; however, its social effect is not quite good for the reasons of the history and the reality. It has great benefit to the realization of the strategy of running state affairs according to law and the building of socialism harmonious society to perfect the present Chinese Invited Supervisor Legal System by drawing references from European Ombudsman Legal System and taking the reality of present China into consideration.This paper mainly discusses the system framework of European Ombudsman Legal System and at the same time makes a tentative exploration on the perfecting of Chinese Invited Supervisor Legal System.The first part mainly illustrates the basic framework of European Ombudsman Legal System and makes a comparatively detailed analysis on the creation and functioning of the system. The second part mainly discusses the relationship between European Ombudsman and European Parliament, European Court, European Commission from the perspective of institutional function.The third part mainly discusses the contributions made by European Ombudsman in terms ofexecuting and safeguarding the European constitutional principles.The fourth part briefly illustrates the present condition and its deficiencies of Chinese supervision system and makes a tentative assumption on Chinese Supervisor system through perfecting the present Chinese Invited Supervisor Legal System.