On Perfecting Of The System Of The People's Congress Supervision To Supervisory Committee

This master thesis is divided into six chapters.The first chapter preface elaborates the research background,research significance and research status of this paper.China formally established the supervisory commission as a national supervisory organ in March 2018,and the supervisory power has become the fourth power of the state according to law.Based on the nature of power and the distrust of the investigative power of the supervisory commission,how to effectively supervise the operation of supervisory power and prevent its abuse is an unavoidable problem in theory and practice.In accordance with the constitutional principle of people's sovereignty,China implements the political system of the people's congress,and the people are the masters of the country.The supervisory commissions are elected by the people's congresses,are responsible to the people's congresses,and are subject to the supervision of the people's congresses.However,the system of the NPC supervision and supervision committee itself has some defects,which restrict the exertion of the supervisory power of the NPC.In view of this,this paper will improve the people's congress supervision and supervision committee system as the research object.In view of the improvement of the system of the supervision and supervision committee of the people's congress,the academic circle has carried out extensive and in-depth discussion and obtained rich results.However,there are still deficiencies in the existing research,it is necessary to carry out further research on the basis of the existing research.The writing of this paper starts from the following ideas: first,according to the existing laws,the forms and procedures of the NPC supervision and supervision committee are sorted out,which is the cornerstone of improving the system of the NPC supervision and supervision committee.Therefore,the first thing to be done in this paper is to sort out and summarize the content of the system.Secondly,in view of the lack of overall analysis and reflection on the legal system of the NPC supervision and supervision committee in existing studies,this paper focuses on the research from the perspective of the legal norms of the existing NPC supervision and supervision committee system,and carries out necessary reflection on it.Third,when putting forward Suggestions for improvement,we should draw lessons from the experience of other countries and regions in supervising anti-corruption bodies.Of course,we should take the institutional background of our country as the main body to explore the empirical methods suitable for China's national conditions.In terms of research methods,this paper mainly adopts literature analysis method and comparative research method.The second chapter elaborates the contents of the system of NPC supervision and supervision committee,including the form and procedure of supervision.The content of this part is mainly based on the supervision law of the People's Republic of China and the supervision law of the standing committees of the people's congresses at all levels of the People's Republic of China.This paper holds that the regulations of the supervision law of the People's Republic of China on the form of supervision by the people's congress exclude other means of supervision by the people's congress.Therefore,according to the regulations of the supervision law of the People's Republic of China,the forms of supervision by the people's congress are: inquiry,inquiry,hearing and deliberation of special work reports,inspection of law enforcement,appointment and removal.According to the law,the supervision procedure applies to the procedure of the NPC supervising the "one government and two houses".The third chapter analyzes the main problems of the system of the people's congress supervision and supervision committee.Although the form and procedure of the people's congress supervision and supervision committee is relatively comprehensive,it also has some limitations.The concrete performance is: first,the people's congress listens to the supervisory committee work report the basic supervisory form to be missing.The people's congresses are elected by the people's congresses.The people's congresses are supposed to hear the work reports of the supervisory commissions.Second,less rigid supervision.Rigid supervision is an important guarantee to enhance the supervision of the NPC.However,at present,such rigid supervision forms as dismissal and investigation of specific problems do not belong to the system of the NPC supervision and supervision committee.This is commensurate with the size and strength of the supervisory board's power.Therefore it is necessary to combine the characteristics of the supervisory commission to increase the corresponding rigid form of supervision.Third,supervision procedures need to be improved.At present,the procedures of the NPC's supervision and supervision committee are applicable to the procedures of supervising the "one government and two houses",but the supervisory committee,different from the "one government and two houses",has multiple functions.For this reason,this part analyzes which supervisory procedures need to be rebuilt according to the nature and characteristics of the supervisory commission and which procedures need to be further improved on the original basis.Fourth,the implementation mechanism of supervision results needs to be further improved.The supervisory commission is a political organ,which co-operates with the discipline inspection commission,a functional department of the party,under the leadership of the CPC.This means that the NPC cannot directly hold the supervisory committee accountable,and the NPC's leading party members need to consult with their party committees on thesupervision results and jointly study how to handle them.This link directly affects the effectiveness of the NPC supervision and supervision committee,so it is particularly important.However,the related specifications are not perfect and need to be improved.Chapter four analyzes the legitimacy of perfecting the system of NPC supervision and supervision committee.This part mainly analyzes the theoretical basis of the NPC supervision and supervision committee,including the theory of sovereignty in the People's Republic of China and the theory of power restriction,which is the foundation of the NPC supervision and supervision committee.At the same time,the author also cites professor tong zhiwei's view on the balance of legal rights,that is,the balance between the symmetrical elements of legal rights.The fifth chapter is the consummation path of the system of the people's congress supervision and supervision committee.The details are as follows: first,according to the existing means of supervision of the NPC to enrich the form of the NPC supervision and supervision committee.Second,we will standardize the procedures of the NPC oversight and supervision committees and make them more operable.Thirdly,the perfection of the form and procedure can draw on the useful experience of other countries and regions.