Research On The Reform Of State Supervision System

From the breakthrough of the pilot system,the author analyzes the problems existing in the reform of the national supervisory system at the current stage,provides some theoretical help for the reform of the supervisory system in China through the research and discussion of the current problems exposed,evaluates the effect of the reform from different perspectives,offers information for all the institutions and the public to understand the implementation of the reform,discoveries the problems of the unconstitutionality of the supervisory system and the limits of the functions and powers of the state supervision law,and hopes that solutions to problems such as external supervision of supervisory bodies can further promote the process of reform of the national supervisory system.There are four parts besides the introduction in this paper.The first part introduces the development course of the supervision system in China,clarifies the development route of the supervision system,and explains the inevitability of the development of the supervision system in a certain historical environment.The people's Supervision Committee of the Central people's Government was set up in October 1949 and the Central Commission for discipline Inspection was set up by the Communist Party of China on November the same year.After many changes,In 1993,China finally established the administrative supervision system of Administrative Supervision and Disciplinary Commission offices.The second part analyzes the social contradictions between the administrative supervision system and the present stage,mainly from several aspects: the narrow scope of supervision object leads to limited scope of administrative supervision,which inhibits the effect of restricting the corruption of public officials;due to the weakening of the function of the supervisory department and the strength of the discipline inspection department,the power is uneven and the applicable basis is unclear,which can not effectively protect the legitimate rights and interests of the investigated person;the excessive fragmentation of functional organs of corruption is also an important cause of failure to effectively crack down on duty crimes,and it is impossible to form the anti-corruption force.Therefore,it is urgent for China to carry out the reform of the supervisory system.The third part discusses the reform of the state supervision system in China,introduces the important breakthroughs and major institutional changes in China's reform,integrates the national anti-corruption forces,establishes the state power status of the supervisory organs,and puts forward the arguments of this paper: the difficulties encountered in the reform,mainly focused on constitutionality,power setting and external supervision.The questions met are like followings: whether the establishment of state institutions without constitutional authorization is constitutional or not,whether the State supervision law that regulates the contents of the functions and powers of state institutions is constitutional or not without constitutional authorization;Whether the transfer of anti-corruption power of the Procuratorate can be completely stripped;Does external supervisory agency other than State institutions occupies higher status ?The last part is to obtain the enlightenment and reference for reform by comparing the experience of foreign reforms,to discuss the arguments and to put forward the author's own views and advices,and to offer suggestions on the problems existing in the pilot reform.China has now established an independent national supervisory entity to ensure the independent exercise of supervisory power.By amending the Constitution to ensure the legitimacy of status and to recognize the State Supervision Law,we can learn from the successful experience of Hong Kong and Singapore,strengthen the role of prevention in advance,provide the public education with clean and honest content,boost public involvement through media,promote social development,and create a clean and incorrupt social atmosphere.