A Study On The Institutionalization Of Supervision Power Operation In China

State supervisory power is a quasi-judicial complex power which is used by supervisory committee to regulate public power and behavior of public officials.Marxist supervisory theory,the theory of ruling the country according to law in the new era and the theory of power restriction and balance together constitute the basic theoretical system of regulating the operation of supervisory power.Then this paper discuss the legitimacy and necessity of establishing a supervisory committee.The Party all-round leadership principle,principle of legality of power,proportionality principle,the principle of due process and the principle of human rights protection as the basic principles of regulating the operation of supervisory power and fully reflect the characteristics of the age and the national conditions of the supervisory power.As the power of state supervision is so powerful,it would damage the rights and interests of the people seriously and result in irreparable losses if not be controlled.Therefore,it is necessary to study the institutionalization of supervision power's operation.There are many problems in the operation of supervisory power,such as unreasonable setting of supervisory organization establishment,lacking effective working mechanism and relief mechanism of supervisory institution;And problems in the operation of investigation power,such as the nature of investigation power is not clear,the period of investigation is uncertainty and unreasonable,and the way for the JISC to carry out investigation function is too narrow;In the operation of disposition right,the procedure of lien approval is not clear,and the filing review system is lack of accountability mechanism.Therefore,the operation of supervisory power must be ruled by law: firstly,theoperation of supervisory power can be solved through the establishment of four specialized operational bodies,establishing a full-time supervision committee under the National People Congress and building a classified supervisory work system;Secondly,re-positioning the nature of investigation power,determining the time limit of investigation activities differently and extending the investigation path;Finally,establishing the normative documents of the retention approval procedure and establishing the accountability system of the record review to realize the operation of the disposition right.