To Restrict The Power By Supervision: The Analysis Of National Supervision System

The supervisory system is an indispensable part of China's political system construction.Both the ancient and the modern,it has played an important role in ensuring the government orders without disruption,maintaining political stability,and keeping clean.The supervisory system and supervisory organs have such a statement for their special functions in political operations: "The political disorder is closely tied to the supervision function." However,as an important component of China's institutional system,the supervisory system not only plays its supervisory function,but also has an important manifestation of power restriction.In the beginning,the setting of the supervisory system was subordinated to administrative power.It was the exercising body of the supervisory power under the executive authority.Given this,when analyzing the pre-reform supervisory system,the analysis of the power structure must be based on administrative power.Nowadays,in order to achieve the restriction and standardization of power,China is building a power structure in which the decision-making power,executive power,and supervision power can be mutually restricted and coordinated.The essence of the“division of three tasks”about coordinating and controlling decision-making power,executive power,and supervision power is to realize power control through the effective supervision of various powers.In the administrative power,the supervisory power organically unites the characteristics of the indispensable public power with the functions of supervision.Therefore,the direct carrier of supervisory power is the supervisory system and its corresponding supervisory authority.With the constant adjustment of the establishment,cancellation,and reconstruction of the supervisory system,its role in power control has also been constantly changing,and finally formed its own unique model of power restriction: regulate the operation of power bylaw enforcement,form a systemic deterrence for the operation of power by investigating and handling cases,use administrative supervision and education as the basic preventive measure of power regulations,and use the powers of petitions and reports to implement public restraints of power exercise,then realize the supervision and control of power.What needs to be clear is that while some monitoring systems play an important role in power control,they also have inadequate supervision systems and insufficient constraints,and the supervisory authorities are not so authoritative that they do not dare to supervise,lack of independence of supervisory organs leads to supervisory weak.The monitoring of the supervisory system is urgently needed because of the lack of sound legal supervision,the incompleteness of procedures and other operational difficulties.In 2016,the reform of the supervision system began in Shanxi,Beijing and Zhejiang.The adoption of the "Constitution of the People's Republic of China(Amendment)" and the "People's Republic of China Supervision Law" in 2018 provided a legal support for the centralized,unified,authoritative and efficient supervision system reform.After the reform of the supervisory system,the supervisory authority is responsible for exercising the supervisory function.Its exercise is independent of administrative power,legislative power,judicial power,inspection,etc.Therefore,when analyzing its power control role,it needs to be placed in the entire power structure of the country rather than under the executive power.After the reform,the supervisory authority has the full coverage of the monitoring object,the independence of the exercise of the supervisory function,and the mandatory nature of the implementation of the decision-making,which enables the supervision and control of other powers.Through the strict procedures and responsibility mechanisms,other powers can inspect the supervisory power,and then construct a power-restriction model that is rational in structure,scientifically configured,tightly-controlled,and effective.