Research On State Supervisory Power From Constitution Perspective

The supervision system reform is a major political decision in China's contemporary political and legal practice.The Supervisory Commission and the state supervisory power are major amendment of state institutions and state power in 1982 Constitution,which fundamentally is a constitutional issue.According to 1982 Constitution,the attribute and status of Supervisory Commission determine those of state supervisory power,and study on this issue is also the logical start for study of other questions.This thesis sorting out discuss over this,comparing the new supervision system with the system before,and attributes of extraterritorial supervision system,summarizes four attributes of Supervision Commission: the relative independence,popular sovereign,compositionality and under the Communist Party of China's(CPC)leadership.As a consequence we can conclude that state supervisory power also has these four attributes.The Supervisory Commission has an independent constitutional status and is powerful,but it does not necessarily mean that state supervisory power has anti-corruption capabilities.Based on 1982 Constitution,it also must be supervised.The 1982 Constitution provides a way that supervises state supervisory power.On the one hand,it has to strengthen Commission's construction and internal supervision,establish an internal supervision department,explore the bureaucracy structure and establish a professional officer community.On the other hand,we must strengthen external supervision.This thesis clarifies the relationship between Supervision Commission and other state institutions and draws the conclusion that Supervision Commission is supervised by other state institutions.The unity of CPC's leadership,popular sovereign and rule of law becomes constitutional norm.Ensuring operation of state supervisory power,it is necessary to pay attention to protection of human rights.The norms of basic rights of citizens also regulate state supervision power.In addition,in China's legal and political practice,state supervisory power also has to be supervised by the CPPCC,social organizations,other parties and media.