On The Recognition Of Hierarchical Supervision

As the most basic and frequent supervision method in the administrative system,hierarchical supervision plays a very important role in strengthening administrative self-discipline and ensuring the integrity and efficiency of administrative work.Widely used has also brought some disputes.Although it belongs to internal administrative acts,due to the lack of criteria for judging supervisory acts at different levels,a large number of inefficient administrative litigation and administrative reconsideration have been brought.At the same time,it may even lead to acts that do not belong to hierarchical supervision being classified as non-litigable,which is not conducive to the effective protection of the rights of the citizens concerned,but more likely to hinder the exercise of litigation rights and has a negative impact on the development of administration according to law.Therefore,it is necessary to clarify the identification criteria of hierarchical supervision,form a complete cognitive system,and draw the basic boundaries between similar behaviors.This paper takes a large number of litigation-related cases of hierarchical supervision as samples,sorts out the basic logic thinking of the court in determining this behavior in the trial process,and investigates the identification reference elements of the court in different cases.In addition,the author ponders over the common doubts,such as whether the hierarchical supervisionhas has internal and external points,its similarities and differences with administrative reconsideration,and whether the act is a statutory duty,and makes a preliminary judgment on the hierarchical supervision.Through the interpretation of the court judgment and the mastery of basic issues,the basic elements,normative elements and formal elements from the perspective of behavior composition,as well as procedural elements and interests from the perspective of external effect are extracted respectively.These five factors serve as the universal basic identification elements of hierarchical supervision.The five elements of the two perspectives are interdependent and interact,the isolated or segmented view may lead to biases in the identification of related behaviors."From practice,to practice." The identification elements abstracted from judicial practice still need to be further explored in practice.After the identification elements are generated,the specific discussion on their universality still needs to be continued.Among them,universal applicability means that the identifying elements should have general applicability and coverage in a certain range,rather than just special cases.Subsequently,the identification rules of hierarchical supervision are still the next problem to be determined.The identification elements are not part of the confused application successively,but should be gradually laid out layer by layer.The change of the content of any of these elements may lead to the change of the nature of behavior.The applicability is verified by the relevant cases of random sampling,and the changes of elements between similar behaviors are considered.It not only helps to avoid confusion,but also consolidates and strengthens the identification elements.Based on the above efforts,in order to achieve a real sense of the precise identification of hierarchical supervision behavior.