On The Supervisory Functions Of Supervisory Commissions

Article 11 of the supervision law stipulates that the state commission of supervision shall perform three duties of "supervision,investigation and disposal" according to law,with supervision as the primary function.No matter from legislator's intention,or from the practice comprehensively deepens our country's supervisory system reform need,should strengthen the supervisory function.Power itself will not appear corruption,it is the people who hold public power in the exercise of public power in the process of breeding corruption.The supervision of corruption is closely related to the operation of "person" and "power".The supervision object "person" is a person with public power.The supervision should not only focus on the definition of "person" in the legal sense,but also endow it with richer connotation attributes.It is to supervise it in the meaning of the supervision law,that is,to comprehensively supervise its ability and behavior to perform their duties."Person" and "right" cannot be separated.Simply supervising whether the behavior of "person" is legal or not is a problem in the field of criminal law rather than the scope of supervision under the political system.Therefore,supervisory committee's supervision function,should be a blend of the "supervision" to the person with the "supervision",requirements for civil servants of the supervisory committee due process: the exercise of public power legitimacy,rationality and the result of the public power exercise the supervision power of concentration and wide coverage does not necessarily lead to the abuse of power,the power of the exercise is to ensure its effective operation system of the.But in reality,the supervision function as the primary function of supervisory rights tend to be weakened,on the one hand is the inspection act in general provisions of the supervision function make the supervision function can only be reduced to a "declaration" supervision,supervision function implement supporting measures are lack of procedural regulation,the supervision function cannot be carried out in fact;On the other hand,the unclear definition of the scope of supervision functions leads to the inability of the supervision functions to clearly define the function boundary with other public powers,making it impossible for the supervision functions to give full play to their power.General secretary xi jinping also stressed that the deepening of supervision should pay attention to the "thinking of discipline and law,especially the sense of procedure".The unclear boundary of power intervention will easily make the supervision function fall into the criticism of meddling in the operation of public power.In addition,the lack of many supervision functions in legislation,so that the supervision function in the grassroots supervision to facilitate further marginalization.Therefore,strengthen the supervision function,the primary problem is to establish and perfect the supporting system of supervision,including the organization system,supervision and operation procedure of supervision committee,supervise the implementation of the scope,the responsibility of supervision system,etc.,on the one hand,from the program determines the supervision of the exercise program,to ensure the modern state power is derived from the basic principles of law;On the other hand also ensures that the scope of supervision function,make the power system operation,to prevent the unilateral expansion of power,ensure the legislative power,executive power and judicial power,supervision and effective operation,to build the supervision system of socialism with Chinese characteristics,comprehensively deepen political system reform in our country modernization,strengthening the governance capability to provide a solid and effective protection.