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The Operational Mechanism Study Of The Swedish Parliamentary Ombudsman System

Posted on:2017-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:K C ShiFull Text:PDF
GTID:2346330488472701Subject:Constitution and Administrative Law
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The Fourth Plenary Session of the Eighteenth Central Committee of the Party presents a comprehensive overall mission of promoting the rule of law, its core is to supervise the public power effectively and the power should be locked in the cage of the systems. As China’s fundamental political system, the People’s Congress System is an important manifestation of the superiority and safeguard of the socialist system of our country, giving full play of the supervision function of the People’s Congress is the only way to achieve effective supervision over the public power.But China’s current People’s Congress supervision system is still stuck in the traditional passive meeting review stage, meanwhile, the effective supervision mechanism outside the meeting is in vacant state,this make it impossible for the effective play of its function value,and then affects the realization of its democratic values.The Swedish Ombudsman System by virtue of the effective play of its operational mechanism, has been playing an irreplaceable role in such fields as protection of civil rights, coordinating the relationship between citizens and government, improving parliamentary legislation and law enforcement. In these regards, the operational mechanism of the Swedish Parliament Ombudsman System can provide a lot of useful Reference in perfecting the People’s Congress supervision system.From a macro perspective, as an important constitutional supervision system design,on the one hand,the operation of the Swedish Parliamentary Ombudsman, is guided by three principles in Sweden :the rule of law?the principle of autonomy of the state organs and officials, the principle of local autonomy,and they fundamentally decided the running appearance of the Swedish parliamentary Ombudsman System; on the other hand, the system is not and can not be the substitute mechanism for the traditional supervision mechanisms, the Swedish Parliamentary Ombudsmen and other supervision mechanisms in Sweden share the power of supervision, there is a certain division of labor and coordination relationships between the Ombudsman and the traditional supervision mechanisms.From the operational procedure of the system’s view,under normal circumstances,the complete supervision work of the Ombudsman are divided into four stages which are cases accepted procedure?the inquiry procedure?case closed procedure and the procedure of annual summary of their supervision work.Supervision work of the Ombudsman can be divided into supervision over the specific cases and daily supervision. Due to the effective operation of the operational mechanism of the Ombudsman system,the operational mechanism plays a very huge role in rebalancing the constitutional structure of authority?supplementing the traditional supervision mechanisms effectively ? improving relationships betweeen citizens and government and realizing the good governance of government, but the operational mechanism of the Ombudsman system is not a panacea,it also has its limitations, which should be acknowledged by us.Basing on the perspective the operational mechanism of the system,the paper examine and reflect our current People’s Congress supervision system.We find our supervision system lack specialized supervision mechanisms which is similar to the Ombudsman system, which leads to the absence of embarrassing situation and unable to adapt to the practical needs. Therefore, on the basis of reference to the Swedish Parliament Ombudsman System,the China’s People’s Congress Supervision System can remain the existing system of the committee of inquiry into specific questions, and further consider endowing the current special committees with regular supervision power.In the aspect of system design,the system design should pay more attention to the performance of the function value of the People’s Congress supervision system so that our country’s People’s Congress supervision system can be more scientific and reasonable.
Keywords/Search Tags:The Swedish Ombudsman, operational mechanism, supervisory system of the People’s Congress
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