Research On The Targets Of Supervisory Committee

Deepening the reform of the supervision system is a major political system reform of the CPC Central Committee,which concerns the overall situation.It aims to establish a centralized,unified,authoritative and efficient national supervision system,and to achieve full coverage of the supervision of all public officials exercising public power.In March 2018,China amended the Constitution and enacted the Supervision Law,established various levels of supervision committees,which became the state power organs parallel to the government,courts and procuratorates,marking the rise of the supervision system from the administrative supervision system to the national supervision system.The Supervisory Law stipulates that the supervisory object of the Supervisory Committee is all public officials exercising public power,and lists six categories of personnel: civil servants and those who participate in public administration,those who are authorized by laws and regulations and those who are engaged in public affairs in organizations entrusted by state organs,those who are engaged in public affairs,those who are managed by state-owned enterprises,those who are engaged in public education and scientific research,and those who are managed by grass-roots mass autonomous groups.Personnel engaged in management and other persons who perform public functions according to law.However,on the one hand,it is difficult to completely cover all the objects of supervision only by enumerating them.It is necessary to systematically study the constituent elements of the objects of supervision and deeply grasp the essential attributes of the objects of supervision,that is,all public officials exercising public power,so as to define the scope of the objects of supervision as a standard.On the other hand,only the scope of the first category of personnel listed in the Supervisory Law is clear and there is no dispute.The other five categories of personnel are difficult to accurately define their specific scope because the law does not clearly define the meaning of the relevant expressions.This paper systematically studies the supervisory objects of the Supervisory Committee from the perspectives of theory and practice.The full text is divided into five parts.The first part is the introduction.The main contents include the reasons for choosing this topic,the significance of the research,the research ideas,the literature review at home and abroad,the research methods and innovations,etc.The second part is the nature and powers of the supervisory committee.It mainly discusses the different views on the nature of the supervisory committee in the current academic circles,and analyses the advantages and disadvantages of the different views.Then it elaborates the functions and powers of the Supervisory Committee,including supervision,investigation and disposal.Finally,it discusses the difference and connection between the supervisory committee and the state power organs,and makes a comparative analysis between the supervisory committee of our country and the oversea supervisory organs.The third part is the basic theory of the supervisory object of the supervisory committee,which defines the concept of the supervisory object,expounds the relationship between the supervisory object and the supervisory system,considers that the legal relationship between the supervisory object and the supervisory committee is one of the most important contents of the supervisory system,and analyses the contact area between the supervisory object and the concepts of the Party's disciplinary inspection object,the investigative object,the subject of duty crime in the criminal law,etc.Don't wait.Then it comments on the advantages and disadvantages of several theories on the definition of supervisory objects,including "identity theory,financial support theory,public service theory,public power theory,comprehensive theory",and holds that China should adopt "public power theory" as the criterion for the definition of supervisory objects.The fourth part is the specific scope of the object of supervision,which is the core content of this article.This part combines the provisions of the supervision law and the spirit of the reform of the supervision system,and elaborates the specific scope of the objects of supervision in the way of induction and enumeration.With regard to civil servants and those who participate in public administration,the specific scope is enumerated according to the criteria for the identification of civil servants and those who participate in public administration by administrative personnel departments.With regard to personnel engaged in public affairs in organizations authorized by laws and regulations and entrusted by state organs,this paper expounds the theory and constituent elements of authorization by laws and regulations and entrusted management by state organs,and how to define and engage in public affairs by organizations managing public affairs,and lists the specific scope of such personnel.As for the managers of state-owned enterprises,this paper expounds the definition of state-owned enterprises and the meaning of management,and enumerates the specific scope of such personnel.With regard to personnel engaged in management in public educational and scientific research institutions,this paper expounds the definition of public institutions and the meaning of management,and lists the specific scope of such personnel.With regard to the personnel engaged in management in grass-roots mass autonomous organizations,this paper discusses the scope of grass-roots mass autonomous organizations and the meaning of management,and lists the specific scope of such personnel.With regard to other personnel who perform public functions according to law,this paper expounds the rules of application and interpretation of the clause,and probes into whether special personnel such as deputies to the NPC belong to the object of supervision.The fifth part is the existing problems and Improvement Countermeasures of the supervisory object,mainly from the perspective of supervisory practice,expounds the existing problems such as the mismatch between the supervisory object and the supervisory function,the unclear meaning of relevant legal terms,the lack of incorporation of the unit into the supervisory object,and the imperfection of the right relief mechanism of the supervisory object.The author combines the theory of law and the regulation of supervisory law,the spirit of supervisory system reform,and puts forward specific suggestions to improve the existing problems of supervisory objects,including improving the substantive law basis of supervisory administrative sanctions,promulgating legal interpretations to clarify relevant legal terms,incorporating units other than power organs into supervisory objects,and improving the right relief mechanism of supervisory objects.