Research On The Functions And Powers Of China's Supervisory Committee

The essence of the reform of the state supervision system is the reallocation of state power,which is a major political change related to the overall situation.With the deepening of the reform of the supervisory system,the controversy over the nature of the supervisory power has become more and more intense.The "administrative power theory" and "judicial power theory" express the supervisory power from only one side rather than including the fundamental attribute of the supervisory power overall.The author believes that the power of supervision embodies the characteristics of the people,politics and complexity.It is a new type of power under the reconstruction of state power.It is on the same level with administrative power and judicial power.This understanding is to grasp the inherent attribute of the power of supervision from the perspective of constitution.The Constitution stipulates that the supervisory organs independently exercise the supervisory power and cooperate with and restrict each other with the administrative organs and judicial organs under the supervision of the state power organs.This is not only the principle of the exercise of the supervisory power,but also the direction of the allocation of the supervisory power.This paper elaborates on the reform of the supervisory system through four parts,and studies the functions and powers of the supervisory committee.The first part contains the significance and principles of the establishment of the National Monitoring Committee.It seeks to search the origin problems of the reform of the supervision system,and strives to explore further the deficiencies in the process of the reform of the supervision system,through the understanding and summary of the national policies,constitutional amendments and the text of the Supervision Law.The second part begins with a comprehensive understanding of the nature of supervision power,starting with theories,and then elaborating on the allocation of supervision power.The third part studies the supervisory organs' relationships between power organs,administrative organs and judicial organs,so as to better understand the independence,popularity and complexity of the supervisory power and the position of supervisory organs in constitutional law.The fourth part mainly discusses the subject,range and mode of the exercise of supervision power.When discussing the range of supervision,special attention should be paid to a class of personnel,namely,the National People's Congress deputies.Academic circles have been debating constantly whether NPC deputies belong to the object of supervision.Practical research shows that most NPC deputies belong to the "part-time" state,and they also have their own main or regular business,so they can not be generalized.Of course,some main or regular businesses should be included in the scope of supervision,because if we do not differentiate the exercise of supervision power on Deputies to the NPC,it is will be suspected of expanding the range of supervision.