Research On The Legalization Of National Supervision System

Wherever power exists there is oversight,no matter what kind of power it is,and supervision is both a pre-emptive measure of the chain of power that powers itself and at the same time the maintenance of power itself.The supervisory system is also an indispensable part of the modern democratic political system.The supervision and restriction of the state power is an important basic principle for the operation of the modern political system.The system of supervision in western countries is mainly reflected in the right of parliamentary supervision.On the basis of this,the system of constitutional supervision is evolved and developed.The supervision of authorized legislation,the judicial control of administrative acts and the system of parliamentary oversight commissioners are also evolving.In our country,the system of state supervision is based on the people's supervision power.All along,a series of specific supervisory systems have been formed with the people's supervision as the core and basis.Among them,the supervisory system including constitutional supervision,administrative supervision,procuratorial supervision and party discipline inspection has played a historic role.However,Its inherent supervisory power is dispersed,not independent and the oversight object is not comprehensive and so on,but can not effectively realize the supervision of power.Under this background,China undertook the pilot of the national supervision system reform under the authority of the NPC Standing Committee,and passed the fifth constitutional amendment and the "People's Republic of China Supervision Law" at the 13th National People's Congress.The supervisory powers related to duty crimes supervision in the administrative supervision and prosecution supervision,and the establishment of a new state institution—the supervisory committee exercised the supervisory power and cooperated with the Commission for Discipline Inspection to separate the state power from the stand-alone inspections with the administrative and judicial powers.The power to achieve full monitoring coverage to build a centralized,unified,authoritative and efficient national monitoring system.From the reform of the supervision system to the formal establishment of the supervision system in law,this process is an inevitable requirement for governing the country according to law.However,the establishment of a legal system has never been based on legalization.It can be said that legalization is the starting point for the establishment of a legal system.How often does the starting point determine the effectiveness of the system?The legalization of the system is also a process of continuous development.It can be accomplished not by a single legal approval,because no law is perfect to the United States.This process also needs to be implemented by the rule of law and continuously improved.For the supervisory system,ancient China has formed a relatively complete censorial system of censor,and gradually legalized it.In the modern era,Mr.Sun Yat-sen had explored of the censorship system under his "Five-Power Constitution"theory.The supervision power is different from this.The supervision system reform is the top-level design of the national supervisory system and is also a major political system reform in China.It has not only changed the composition of our national institutions,but also formed a new system of state power.Separation of independent monitoring power in the state power system.In addition to the three major powers of legislation,administration and justice,monitoring power has been added.Therefore,how to understand the power of supervision?It is necessary to discuss and analyze the content of supervision in the constitutional amendment.The current constitutional theory still lacks a certain interpretation.It can be said that this is a reform outside the current general constitutional theory,and there is a mismatch between reform and constitutional theory.Therefore,even if a constitutional amendment has been passed,there is still room for exploration in the constitutional theory.This,to some extent,not only provides an opportunity for the development of the "constitutional revision theory," but also adds to the "state power theory." The new content further expands the space for the development of the "monitoring power theory".This article follows the above thinking and takes the legalization issue as the main line.The first part discusses the general theory of the supervision power and the legislation of the national supervisory system,that is,a superficial interpretation of the general supervision power theory and its development.The analysis of the connotation and function of the national monitoring,and then summarized the necessity of the legalization of the national supervision system.The second part mainly analyzes the situation of China's supervision legislation.In the status quo of the legislation,it separately discusses the amendment of the pre-constitution and the amendment of the constitution,and then leads the path of legalization of the national supervision system.The third part discusses the foundation of the constitutional regulation of the national supervisory system based on the constitutional amendments.First of all,it discusses the formation of the constitutional amendment,the process of adoption,and the related content.Second,it analyzes the power of the country's supervisory power from the perspective of the constitution.It further discusses the constitutional status of the supervisory committee.The fourth part is the elaboration of the relevant legislation of the national supervisory system triggered on the basis of the discussion in the third part.The constitutional state agencies basically have their own specialized organization law,and for the high-priority supervisory committee,At present,there is no such law.Based on this point,this article attempts to discuss issues related to the Organic Law of the Supervisory Commission.In response to the"Supervision Law" passed in March,this article attempts to carry out certain positive aspects and possible negative effects.Based on this assessment,the contents and possibilities of the formulation of the legal norms governing the powers of the Supervisory Committee will be further discussed.