Thought Of The Dual Track Supervision Of Public Power In China

"The person who has authority is easy to abuse power.This is an eternal and immutable experience..." In order to control power and prevent abuse of power,many politicians and thinkers at different times all over the world have made beneficial exploration and formed many theories of power control.It can be summarized into three types:power control power,right control power and system control power.Using the theory of power control,this paper analyzes the power control mode in China,and finds that after the reform of supervision system,the NPC and the supervision committee present a unique two-track supervision mode for different supervision objects.That is,the People's Congress,as the organ of power,exercises supervision over state organs,and as a special anti-corruption agency,the supervisory commission exercises supervision over all public officials who exercise public power.The formation of this model is partly due to the theory of people's sovereignty and the theory of restriction and supervision.The people's congress system is the fundamental political system and form of power organization in China.Among all the powers of state organs,the National People's Congress,as the supreme organ of power in China,has the fundamental and supreme source of power and,of course,enjoys the supervisory power over other organs arising from it.As a local power organ,the local people's congresses have similar supervisory powers to other local organs at the same level.In the "dual-track" supervision system,the National People's Congress,as the supervising body,generally performs collectively the supervisory power conferred by the Constitution and the law in the form of meetings.Strictly speaking,the NPC staff and deputies cannot perform the supervisory power in the name of the individual and the Constitution and the law have designed a systematic and specific system for the NPC to supervise other state organs in terms of the main body of supervision,the object of supervision and the content of supervision.The newly established supervisory committee,as the special supervisory organ,is the other supervisory body of the dual-track supervision,and is responsible for the supervision of all public officials who exercise public power,including but not limited to the staff of state organs.Through the analysis of the supervision content and its own attributes,we believe that supervision by the supervisory commission is a kind of compound supervision,a comprehensive supervision with the attributes of morality,legality and politics.On whether the supervisory commission can supervise NPC deputies and members of the standing committee,we believe that NPC deputies and members of the Standing Committee should not be counted as civil servants in the NPC and its Standing Committees under Article 15 of the Supervision Law,and are not subject to the supervision of the Supervisory Committee.It is recommended that the relevant supervisory interpretation of the(6)item of Article 15 of the Supervision Law be issued as soon as possible,and the source and scope of "public power" in the "public office"should be distinguished.At the end of the article,the power of daily inspection of the Commission and the law enforcement inspection system of the National People's Congress,the investigative power and the investigation system of the specific issues of the National People's Congress,the disposition power of supervisory committee and the recall of the people's congress were discriminated.