Analysis Of The Ombudsman Institution And Referential Experiences For China

Nowadays, executive power is the most active and difficult part to control. Existingmonitoring relief mechanisms don’t fully satisfy and adapt to the effective constraints onexecutive power and civil rights in relief needs. So the cases of civil rights violation causedby illegal administrative activities and maladministration are increasing. Especially for thosewho oversee the relief mechanism itself also has its own inherent flaws and weaknesses,therefore, we should expand new ways to change this difficult situation. it is necessary toestablish a brand new mechanism as soon as possible, and it should have such characteristics:not only has monitoring authority as Parliamentary supervision, but also exclude the impactby political parties and interference by interest groups;not only has objective and fair asJudiciary, but also can overcome complex procedures and high costs; not only hasadministrative efficiency and strong professional advantage, but also can overcome the lack ofindependence; not only respect the independence executive powers, but also has effectivesupervision to the executive branch discretion. To some extent, Ombudsman institution is likea brand new mechanism for the supervision of relief. According to China’s national conditions,it is the right time to set up Ombudsman system which focuses on undesirable andunreasonable administrative acts in China, perfecting the system of administrative supervision.In consideration of the fact that supervising and readdressing mechanism ofmaladministration is yet to be completed and perfected, the author makes an in-depth lookinto the ombudsman institution, and an analysis on the feasibility of introducing the same intoour country, which of course is conducted in light of the actual situation. By taking theombudsman institution of Sweden, England, France and Hong Kong as key research objects,the author sketches out the present situation of the institution, and its relationship withmaladministration readdressing. With the expansion of executive power and the emergence ofthe administrative state, the constraints on executive power is becoming increasinglyimportant and urgent, so we should run administration according to law. RunningAdministration according to law is a basic requirement for the government, but running administration according to law is not enough, administration according to law must combinewith the reasonable administration. The author makes the point that it is necessary andfeasible to create NPC ombudsman institution. Based upon above analysis, the article putsforward views on how to establish NPC ombudsman institution in regard to organization,status and the term of office, scope of work and terms of reference, and approaches. TheOmbudsman institution is the system that supervise administrative department independently,appointed by parliament, responsible for public administration and improper administrativeaction, and provide effective non-judicial relief system. Finally, this paper analyzes thecurrent situation in the analysis of Chinese administrative supervision system and problems,and proposes a few simple ideas about the Institutional settings, status and tenure, the scopeof work and terms of reference in building the NPC ombudsman institution in China.