On The Nature Of State Supervision Power

The national supervision system reform is a major political reform that has a bearing on the overall situation.In June 2017,the "People's Republic of China Supervision Law(Draft)" was reviewed at the 28 th Session of the Standing Committee of the 12 th National People's Congress,and it solicited opinions from the public.In December of the same year,the Thirtieth Meeting of the Standing Committee of the Twelfth National People's Congress conducted a second review of the draft monitoring law and discussed the revision of the draft supervision law.On March 11 th,2018,the First Session of the 13 th National People's Congress passed the "Amendment to the Constitution of the People's Republic of China",completed the fifth amendment to the Constitution,and added a section after Chapter 3 "National Organizations".-The "Monitoring Committee" confirms the status of the supervisory authority.On March 20 th,the first session of the 13 th National People's Congress passed the "People's Republic of China Supervision Law."With the continuous progress of the reform of the supervision system,the power of inspection will undoubtedly become an important state power.However,when this power is discussed,it must involve the basic question of this power,that is,what kind of power the monitoring committee exercises as a public authority? The question of the nature of the monitoring power is to answer the special nature and unique attributes of the power of supervision in the state power structure that distinguish it from other powers.It not only determines the static features and functions of the monitoring power,but also determines the dynamic operation of this monitoring power.Regardless of how the Supervisory Committee plays its role in the practice of the legal system,it must first address the issue of the nature of the supervisory power.This issue has a direct bearing on the direction of the country's supervision system reform and on the power structure model of China.This article discusses the nature of supervision power based on the practice of supervision system reform in China and the discussion of the nature of supervision power in the academic circles.The article consists of six parts.The first part describes the research background,research status and research ideas of the article.The second part analyzes the historic nature of the supervision power in light of the historical changes in China's monitoring power;the third part mainly focuses on the academic opinion on the nature of monitoring power.The review expounded the rationality and inadequacies of the viewpoints of “administrative power theory”,“quasi-judicial power theory”,“dual attribute theory”,and “monitoring power theory”;the fourth part elaborated the need for positioning supervisory power.The factors to be considered;the fifth part summarizes the nature of the supervisory power,defines the supervisory power as an independent state power,and conducts detailed argumentation from the two aspects of the operation of supervisory power and the position of supervisory power in the state power structure;The six parts are the conclusions.Any reform cannot be separated from the specific national conditions.The nature of the supervisory power cannot be discussed without leaving the political soil of socialism with Chinese characteristics.The definition of national monitoring power as an independent state power is in line with China's national conditions,whether it is the formation of a background or the specific provisions of the law.