Our Country Military Administrative Supervision Research Basic Problems

For military concerning administrative government supervision, at present academic still lag behind. Is the present situation, the administrative law for military administrative supervision of the study also is less, the military legal research is not much also.Military administrative supervision in the position of the role and the normalization construction military administrative supervision of the connotation, the characteristics of the administrative law enforcement is closely related, contracted can be understood as the administrative subject to legal obligation to perform, using the power of the law specifically, enjoy the rights prescribed by law. The administrative law enforcement of the military is concerned, because the object of law enforcement include not only the military law also include some such as the constitution that contains the national defense and military content of law, there are certain universality, and the main body of law enforcement authorities at all levels, not only was the army right and soldiers, including the national of some of the power sector, thus affecting the meaning of military law enforcement surveillance or a special and general of the points. According to the law of the People’s Republic concerning administrative government supervision of the actual and the army, and the military and administrative supervisory roughly understanding for:military administrative supervision is army in accordance with the procedures prescribed by the supervisory organs, follow some principles of military authority, unit and current officers, civilian staff and employed the active duty troops civilian personnel, fulfill their duties in accordance with the law and on monitoring, inspection, straight for and disciplinary activities.Administrative JianChaShi is responsible for the comprehensive work discipline inspection office business, mainly fulfil original administrative JianChaChu incorruptness survey in the education, the construction to prevent and administrative supervisory duties, etc. From actual conditions, administrative JianChaShi mainly in the following five items on the job pays special attention to his second five-year terms.Military administrative compensation, there exists the theoretical premise is that the state’s responsibility is established, and the military and administrative compensation is represented by countries in the exercise of power within the army military organs and their staff violate the provisions of the law and caused the legitimate rights and interests of the infringement and assume a kind of responsibility. The concept of administrative litigation that military, for us to construct military administrative lawsuit system has important significance. When the individual soldiers think military administrative subject specific administrative act of infringing upon the lawful rights and interests of his time, according to the provisions of the regulations on discipline, can through the appeal and accusation, defend a way to safeguard their lawful rights and interests. But, in general, the administrative action is lawful make must ultimately through the military administrative authority or its superior to judge itself, according to "I can’t become his judge" law of nature, this is absolutely avoid shall be. Through the establishment of the military administrative proceedings, establish the judicial relief to safeguard the legal rights of individual soldiers. Is this modern army of the rule of law to request inevitably.Upload work orders. Pay special attention to the central party committee, central discipline and central military commission and military discipline, military area commands the party committee and discipline on anti-corruption construction instructions spirit and important meeting convey the spirit to carry out, the organization coordinated military area commands party committees at all levels, discipline and the party members and cadres in time learning about the corruption and the instructions of the construction of the spirit, and the draft work deployment of the file or cable announcement. In time to zhao and military commission report and reflect the military area commands troops discipline inspection commission incorruptness construction the situation.The organization carries out the anti-corruption construction important practical problems research. Under the new situation with military forces fighting against corruption and the atmosphere in the construction of the construction of the new situation, the new question, the thorough investigation and study well, accurate analysis situation, to the military area commands party committee, discipline and military advice on the political advice.The army administrative supervision is refers to the military discipline inspection (organization) departments shall program, follow some rules, and for the army units and current officers, civilian staff, and engaged in management, civilian staff sergeant who fulfill their duties in accordance with the law and on the supervision and check, it lay for and disciplinary and other activities. Military administrative supervision mechanism military administrative legal system is the important part of the construction. Construct military administrative supervision mechanism, and to advance our country military standardization construction, consolidating the party’s absolute leadership over the army, improve the effectiveness of the military administrative democracy has important significance. Under the guidance of scientific view of development, the construction of the characteristic of our army has military administrative supervision mechanism, and start our army is the legal construction of the military administrative policies and shaping modernization and standardization of the construction of the army an important point.Due to the specific conditions and different people to recognize the differences, to the administrative subject range of view also different. Like France’s administrative subject is thought to have three kinds, namely state, local groups and civil servants legal person. But in China, the state council and its subordinate BuWeiJu specific including, local people’s governments at various levels and their functional departments, the laws and regulations of the authorized agency, institutions and other organizations.The main body of the executive power is military military administrative subject, it is to point to by law shall have the right to exercise the functions of the administrative authority or the military organization. Due to the constitution and government is different, the military administrative subject also have different forms of expression. If the United States military administrative subject mainly includes the President, national security council, the department of defense system, each service, etc. Russia’s federal military administrative subject mainly includes the Russian federation President, government, defense department, army and local government has military administrative authority. But in China the military administrative subject is mainly include the central state administrative organs and their relevant ministries and commissions, local state administrative organs, the central military committee and the general headquarters/departments, each of the major military commands, all the services and arms leadership authority, the military and military and county people’s armed forces, the army units and its administrative authority.Many of the military concerning administrative government supervision and contain military administrative supervision of the content of the law issued by authorities for each is different, have the National People’s Congress and the state council and the central military commission of the central military commission and authorized departments and each big unit and so on, they will have to the laws of the issue of supervision. At the same time, the army of the main body, as law enforcement authority also at all levels of respective affiliate authority and not execute the military administrative supervision of law have supervision, thus make the law enforcement surveillance on the subject of sex change especially. In the scope of supervision, both the constitution, the military facilities protection law and the upcoming law of the national defense law and the overall important legal, have common doctrine, combat outline and other military rules and regulations, range is very wide. Again, the military administrative supervision and complete function. One is the coordination function, through the administrative law enforcement surveillance, can coordinate with local forces within the army, the rights and obligations between the relationship. Two is to review function, through the administrative law enforcement surveillance, the draft law review, is to perfect the law itself and regulating the important means; This is mainly refers to has the power to enact laws to the higher authorities of the same shall have the right to make laws of the lower authorities to act. Three are the feedback function, through the administrative law enforcement surveillance, check the law the actual execution, found that the problem, feedback information, is to perfect the law is an important basis. Finally, the military administrative supervision in a number of ways. One is the power of the organs of the overall supervision;2it is the monitoring, namely between the superior departments supervision; Three is specially the functional supervision, such as audit supervision, etc.; Four is the judicial examination, basically have military procuratorates, courts exercise at all levels.