On The Supervision Of The Supervisory Commission By The People's Congress

Since its birth and development,the People's Congress has become the most important part of the state organ system,which generates and supervises other state organs.The Constitution of the People's Republic of China(hereinafter referred to as the Constitution),as amended in 2018,establishes the status of the Supervisory Commission as a state organ,which is elected by and under the supervision of the People's Congress.The establishment of the relationship between the People's Congress and the Supervisory Commission in the Constitution provides the constitutional basis for the Supervisory Commission to accept the supervision of the People's Congress and for the formulation of specific laws.On the other hand,the principle provisions of the Constitution are difficult to cover all aspects of the supervision of the Supervisory Commission by the People's Congress.Starting from the theory,this paper attempts to comprehensively analyze the problems involved in the supervision of the Supervisory Commission by the People's Congress from the perspective of legal norms and practical investigation.In addition to the introduction,the paper is divided into four parts,as follows:The first part introduces the constitutional basis for the People's Congress to supervise the Supervisory Commission.Introduction of the People's Congress in the core position in the lateral configuration process of state power,combing the Supervisory Commission's constitution,on the basis of the analysis of the constitutional text,the relationship between the People's Congress and the Supervisory Commission is clarified,that is,the People's Congress supervises the Supervisory Commission,and the Supervisory Commission supervises some of the deputies to the People's Congress.The second part analyzes the current situation of the supervision of the Supervisory Commission by the People's Congress from the perspective of legal norm analysis and practice investigation.At the level of legal norms,this paper analyzes the relevant provisions on the ways,procedures,contents and information disclosure of the supervision of the Supervisory Commission by the People's Congress in the constitution,supervision law and other laws,regulations and normative documents.In practice,the Standing Committees of the People's Congresses in 33 regions heard and deliberated the special work reports of the Supervisory Commissions for the first time since the promulgation and implementation of the supervision law.The third part,on the basis of analyzing the current situation of the supervision of the Supervisory Commission by the People's Congress,summarizes the existing difficulties in the standard level and the practical level,and analyzes the reasons for the existence of the difficulties.First of all,there are many problems in the standard level.For example,there is the possibility that the People's Congress is supervised by the Supervisory Commission,the supervision method is limited,the procedure is absent,and the supervision content is not comprehensive.At the same time,there are many problems in practice,such as the small disclosure of supervision information and the lack of specificity in the special work report,which lead to the formalism of supervision.Secondly,it analyzes the reasons for the difficulties in the supervision of the Supervisory Commission by the People's Congress,including the office mode of the joint office of the commission for discipline inspection,the restriction of the part-time representative system of the People's Congress,and the inconsistency of relevant laws.The fourth part puts forward some Suggestions.Included in offices,straighten out the relationship between the Commission for Discipline Inspection and Supervision Committee office mode;establish the People's Congress representative under supervision of the scope,content,procedure limit;amend the law to improve the way and content in which the People's Congresse exercise oversight over the Supervisory Commission;refine the procedures for the People's Congress to supervise the supervisory commission;strengthening the disclosure of information by People's Congresse to supervise the Supervisory Commission.