Study On The Independence Of The Administrative Supervision Power

Administrative supervision is a kind of government internal supervisionmechanism， it plays an important role in public administration and state powermonitoring system. Independence is the intrinsic attribute of administrativesupervision and also the most important one. As the social division of labor becomesdeeper and administrative affairs are mounting，the administrative power is expanding.In order to further enhance the administrative efficiency and to prevent the abuse ofpower，we should actively develop and enhance the effectiveness of administrativesupervision. Therefore，we must pay high attention to the research on the problem ofadministrative supervision independence.The establishment of administrative supervision is to supervise the operation ofadministrative power，to avoid the abuse of administrative power and to preventcorruption.Effective administrative supervision should firstly solve the problem ofwhether the supervision subject can monitor. Exploring the inherent attribute ofadministrative supervision in theory is the premise to establish a scientific andeffective administrative supervision system. The essence of administrativesupervision independence is the independently legal status of the subject ofadministrative supervision，namely，the administrative supervision organs and theirstaff (including the State Council).From the perspective of strengthening the restriction of power，the authordiscusses the necessity for our country to realize and strengthen administrativesupervision independence according to the defects in Chinese administrativesupervision mechanism. Although the legal system in our country has achieved acertain degree of development and the administrative supervision system has beenestablished，the administrative power supervision system and supervision measuresare not perfect and the administrative power corruption phenomena have occurred.One of the important causes of this phenomenon is the lack of independence ofadministrative supervision power to supervise and restrict the administrative power，and it is difficult to give full play to the supervisory effectiveness. In order to effectively realize the supervision of corruption especially the corruption ofadministrative power and to ensure the administrative supervision’s restriction ofadministrative power，we should guarantee the independence of administrativesupervision and establish its authority.Administrative supervision system has a long history both in our country and inother countries in the world. By reading the literature, we can conclude that theindependence of the administrative supervision power is of great importance both inour country and in other countries in the world. On the one hand, it shows that ourcountry has the ideological foundation of ensuring the independence of theadministrative supervision power. On the other hand, the ancient supervision systemand the foreign administrative ombudsman system provide a useful reference toimprove our current administrative supervision system.Put forward the institution establishment measures of realizing theadministrative supervision power independence for our country on the basis ofargumentation of the necessity and feasibility to strengthen the independence ofadministrative supervision power. The realization of administrative supervisionpower’s independence depends on the independence of the administrative supervisoryorgan and its staff. Perfecting the administrative supervision legal system, reformingthe administrative supervision system of leadership and establishing independentawareness of administrative supervision are specific proposals put forward foradministrative supervision in China. However, there is no absolute independence, thatis to say, any independence is relatively independent. We can not ignore thesupervision to the administrative supervision right itself.