Research Of The Supervision Power And Its Allocation

According to the defining method of "per genus et differentiam" in logic, we can define the supervision power like this:a supervisory authority exercised by a specialized state agency for direct monitoring whether enforcements of law and executions of decree are in conformity with law, which practiced by institutions mastering some state power. The nature of the supervision power is the extension, agency or specialization of a certain state agency in the state power system. The elements of the supervision power include: the subject of the supervision power, the responsible object of the supervision power, the supervised object of the supervision power, the supervised content of the supervision power, the mean of the supervision power. The characteristics of the supervision power are specialty, independency, comprehensiveness and daily. The methods of allocation of the supervision power can be classified into three kinds:the kind of parliamentary supervision, the kind of administrative supervision and the kind of independent supervision. The supervisory organ in our countiy is set up inside the executive branch, so the method of our country is the kind of administrative supervision. Some problems exist in the method of allocation of the supervision power of our countiy at present like the weak independence of the supervisory organ, the limited range of supervised object, the dislocation of supervised content and the deviation of mean. When we consider reforming the method of allocation of the supervision power of our country, we can reference the systerm of the parliamentary ombudsman in some other countries. In order to perfect the method of allocation of the supervision power of our country, we can institute supervisory committee and ombudsmans in the National People's Congress. The supervisory committee specialises in comprehensiveness and daily supervision. And we can repeal Ministry of Supervision, then dispatch ombudsmans to departments of the State Council, state-owned enterprises and state-owned institutes. Moreover, the Supervisory Committee in the National People's Congress could independently exercise the supervision power, but not work in one official with the Commission for Discipline Inspection of the Central Committee of the CPC.