A Preliminary Study On The Ombudsman System In China

Since the 18 th National Party Congress,the party and the state have continuously increased anti-corruption efforts to promote the continuous reform of China's supervision system.After the pilot projects in Beijing,Shanxi Province and Zhejiang Province,in March 2018,at the 13 th National People's Congress.At the first meeting,the State Council's institutional reform was passed,and the State Supervision Commission of the People's Republic of China(hereinafter referred to as the State Supervision Commission)was established,which clearly stipulated that it was the highest supervisory organ of the country.It also marked the formation of “one government,one committee,two hospitals”.New political landscape.At the same time,at the 13 th National People's Congress,the "People's Republic of China Supervision Law"(hereinafter referred to as "the Supervision Law")was passed,and Article 14 of the "Supervisory Law" proposed that the ombudsman system should be implemented and determined according to law.The system of ombudsman level setting,appointment,removal,evaluation and promotion.Subsequently,the supervision committees at all levels were listed on the national level,and after the completion of the institutional reform,the original discipline inspection and supervision personnel and some staff members of the procurator ate were actively integrated.So far,China has already possessed the legal basis,institutional support and staffing in the construction of the ombudsman system.Under the circumstances that the law,institutions and personnel are basically in place,it is a general trend to construct a system of ombudsman in China.Both the theoretical and practical circles are expecting the completion of the ombudsman system.It is expected that a professional ombudsman system will be established and a special The Ombudsman Act clearly defines the scope and responsibilities of the Ombudsman.Because the construction of the ombudsman system is an important institutional design in China's supervisory system reform,the completion of this system is not only an important guarantee for strengthening the party's centralized and unified leadership in anti-corruption work,but also for all public functions that exercise public power.The full coverage monitoring of personnel is also an important link in promoting the modernization of the party and state governance system and governance capacity,and it is also an important part of enriching the socialist supervision theory with Chinese characteristics.In the specific setting of the ombudsman system,the most controversial part is to determine the scope of the ombudsman's inclusion.Some experts suggest that the post system implemented by the judges and the ombudsman should be referred to,focusing on the professional and professional aspects of the ombudsman.It seems that this proposal has certain rationality;however,the practice community generally believes that the current monitoring staff should be included in the scope of the Ombudsman,because in terms of the current composition of the supervisory committee,the entire workload of the Ombudsman is the smallest,but This is not conducive to the construction of a professional and professional ombudsman team.In the long run,it is not conducive to the continued development of the supervision committee.In view of the fact that China's ombudsman system has not been formally established,the professional ombudsman law has not yet been promulgated,so this article will conduct a preliminary discussion on the construction of China's ombudsman system.This paper mainly uses historical analysis method and comparative research method.By combing the ancient Chinese ombudsman system and introducing the successful experience of overseas countries and regions,this paper summarizes some useful enlightenments for the establishment of the ombudsman system in China.Based on China's national conditions,Drawing on the successful experience of overseas countries and regions,we will “take the essence and go to its dregs” to build a socialist ombudsman system with Chinese characteristics.At the same time,based on the theoretical basis and construction basis of the construction of the ombudsman system in China at present,the responsibilities of the ombudsman,the scope of the ombudsman's access,the management mechanism and the exit mechanism are mainly discussed.