Research On The Issues Of China's State Supervisory Power Under The Background Of Comprehensively Governing The Country According To Law

The 19 th National Congress of the Communist Party of China proposed to carry out pilot work on the reform of the supervision system nationwide.With the progress of the supervision system reform,the legislative work has also achieved important results.In March 2018,the first meeting of the 13 th National People's Congress passed the "People's Republic of China Supervision Law" to escort the supervision system reform.However,since the law was introduced under the condition that the supervision system reform was not fully implemented,the legislation was relatively rough,and there were still controversies about the nature,content,exercise procedures and how to supervise the power of state supervision.The essence of the supervision system reform is the configuration of the state's supervisory power.Analyzing the problems existing in the legislative and practical aspects of the state supervision power base on "People's Republic of China Supervision Law",it has theoretical value and practical significance for deepening the reform of the supervision system and perfecting the state supervision system.Under the background of comprehensively governing the country according to law,the article uses the "People's Republic of China Supervision Law" as the entry point,and defines the concept and characteristics of the state's supervisory power according to the research ideas of "discovering problems,analyzing problems,and solving problems." Based on the theoretical basis of "the thought of Marxist power restriction supervision ","the thought of the people's subject status",and "The theory of comprehensively governing the country according to law and governing the power according to law",the problems of state supervision power in the legislative and practical aspects are analyzed.It is pointed out that at the legislative level,the nature of the state's supervisory power is unclear,the content is rough,and there is no provision for the ombudsman's access conditions and classification management.In practice,there is a lack of internal and external supervision mechanisms for the state's supervisory power,lack of detailed regulations on the connection with the work of the procuratorate,and insufficient protection of the human rights of the respondents.Through the investigation of the legislation and practice of monitoring power in Sweden,Singapore,Hong Kong and Taiwan,the enlightenment of perfecting the state supervision power is summarized.Based on the problem of China state's supervision power,this paper proposed some countermeasures,such as clarifing the nature of state supervision power,giving the supervisory committee the "right to supervise organs",improving the access and classification management methods of the ombudsman,improvingthe supervision mechanism of the supervision power,improving the work connection mechanism between the supervision committee and the procuratorial organs,and establishing the rights relief system of the respondents.