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A Survey Of The Modern Rule Of Law In The Supervision System Of Ancient And Modern China

Posted on:2020-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2416330590462313Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The reform of supervisory system is a top-level design reform of supervisory system in the current situation of corruption.It does not change the former administrative supervisory system to the national supervisory system,but reallocates the state power,strengthens the unified leadership of the Party to the anti-corruption function,integrates anti-corruption resources and strengthens the independence of anti-corruption institutions.However,there are still some shortcomings in our country's supervision system at present.This paper aims to provide some suggestions for the improvement of our supervision system by examining the modern rule of law of the supervision system in ancient and modern China.This paper is divided into four parts.The first part mainly discusses the meaning of supervision and supervision,and reveals the essence of supervision in depth.As far as the modern supervision system is concerned,the supervision of public power in our country is divided into internal supervision and external supervision according to the division criterion of supervision subject.The ancient supervision system in our country corresponds to the specialized supervision of public power by special organs within the system.This paper focuses on the supervision of special functions within the system.The second part mainly discusses the content of the ancient Chinese supervision system,analyses and summarizes the independent and extensive characteristics of the supervision power of each dynasty,and then discusses its role in safeguarding imperial power and national interests in the light of historical facts,objectively analyses its limitations such as lack of mass supervision and excessive influence by imperial power.Finally,we can draw a conclusion that we should look at the supervision system in ancient China dialectically,study the principles of its success or failure,take history as a lesson,learn useful experience and learn from the lessons of failure.The third part mainly analyses and studies the deficiencies of the current supervision system in China.From the perspective of modern rule of law,the current supervision system and the ancient supervision system have different similarities and deficiencies.It has the same advantages in controlling public power,strictly punishing,curbing corruption and promoting administrative efficiency,but it also has some shortcomings,such as insufficient protection of humanrights,lack of procedural legitimacy,insufficient judicial relief,and even lack of institutional power allocation in the external restraint mechanism of the system.The fourth part mainly provides some suggestions for the improvement of our country's supervision system,including the improvement of the supervision mechanism of the supervision committee,the establishment of the judicial relief system for the respondents,and the incorporation of the national supervision organs into the scope of criminal justice adjustment.
Keywords/Search Tags:Supervisory system, Supervisory power, Control power
PDF Full Text Request
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