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Research On National Supervisory System

Posted on:2020-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:T Q LiFull Text:PDF
GTID:2416330572976745Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of China's economy and the increasing improvement of people's living standards,corruption has become a frequent problem.However,due to the shortcomings of China's administrative supervision system,it has been unable to meet the high requirements of corruption supervision,which makes supervision departments encounter many difficulties in practice.Next,China has decided to carry out the reform of the supervision system and promulgate and implement the Supervision Law of the People's Republic of China(hereinafter referred to as the Supervision Law).Under the background of the reform of the national supervision system and the implementation of the Supervision Law,this paper clarifies the basis of specific concepts,analyses the drawbacks of the administrative supervision system,understands the basic situation of the reform of the supervision system in China,and analyses the legislative gaps of the national supervision system in China and the problems that may be encountered in practice.This paper focuses on the power restriction and protection of the Supervisory Committee.Supervision refers to the acts of legal significance carried out by the special organs exercising the functions of state supervision,according to the content of constitutional law,aiming at the legal objects of supervision.It should be independent,comprehensive,compulsory and specific.Although the administrative supervision system has made an important contribution to our country's supervision work in a certain period of time,it can no longer meet the needs of the country in the face of corruption in today's rapid development of society.The problems such as unreasonable organization,limited supervision means,imperfect supervision procedure and imperfect supervision legal system gradually emerged.In order to better solve the problem of corruption and meet the needs of the rapid development of the country,the state has decided to carry out the reform of the supervision system,integrate the supervision institutions,set up the supervision committee,unify itsfunctions,and make the supervision system more perfect.At the beginning of 2016,the state formally decided to carry out the reform of the supervision system.On November 7,the same year,the reform of the supervision system entered a pilot stage.On March 20,2018,the promulgation and implementation of the Supervisory Law officially opened the curtain of a new supervisory system with the Supervisory Committee as the main body.Since our country is in the primary stage after the reform of the supervision system,there will inevitably be some problems in the refinement and application of laws in the new supervision system.Through the understanding of the reform process of the supervision system and the interpretation of the Supervision Law,the author puts forward some suggestions.Regarding the establishment of specialized agencies,the author establishes the institutions of education and prevention.Institutions should set up special supervisory bodies at the NPC.In terms of power guarantee,we should strictly plan the appointment system of supervisors,expand the scope of supervisory objects of the supervisory committee,and link up the work of supervisory organs with other state power organs.In terms of power restriction,we should strictly set the applicable standards of detention measures,allow lawyers to intervene in the investigation stage,and smooth the channels of remedies for the rights of the respondents.I hope it will be helpful to the perfection of our supervision system in practice.
Keywords/Search Tags:national supervision system, National supervisory committee, system reform, corruption
PDF Full Text Request
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