Research On Monitoring Committee

The monitoring committee is a new type of state organ established under the background of the reform of the state monitoring system.This paper adopts the method of parallel writing to study the nature and status,duties and powers,supervision scope and jurisdiction,organization and operation,supervision and restriction mechanism of the Monitoring Committee.This paper sums up the research results of predecessors,expounds the opinions and views on relevant problems,and puts forward solutions and suggestions for these problems.The nature of the Monitoring Commission has always been controversial in the academic community.The official response was clear: the Commission is a political body,not a judiciary,not a executive branch.With the establishment of the Monitoring Committee from the central to the local four levels,the state organs of our country have evolved from "one government,two courts" to "one government,one committee,two courts".By studying the relationship between the monitoring committee and other state organs,it can be concluded that the constitutional status of the monitoring committee is lower than that of the state organs,and is parallel to that of the executive branch,the judicial organs and the procuratorial organs.The monitoring committee not only has the high constitutional status,but also has been endowed by the constitution with a new type of state power-monitoring power.The Supervision Law divides the supervision power into three duties and twelve powers,and regulates the enforcement and enforcement procedures of the supervision commission by law,which not only guarantees the legitimate rights of the objects of supervision,but also reflects the value and idea of the supervision legislation.The smooth development of the supervision work can not be separated from the cooperation of its internal organs,so it is particularly important to properly allocate the internal powers of the monitoring committee and handle the relationship between the monitoring committees at higher and lower levels.The operation of any organ can not be separated from the human factor,the ombudsman is the general name of the staff of the monitoring organ,the system of the ombudsman has not been formed in our country.This article has carried on the bold assumption to our country inspector system construction.The Monitoring Committee exercises the State monitoring power in a unified way,which is called "high position and powerful".In order to avoid the expansion and abuse of the monitoring power,it is necessary to design a complete set of supervision mechanism for the Monitoring Committee,and put the monitoring power into the cage of the system.The author thinks that this mechanism should be improved by optimizing internal supervision and strengthening external restriction.Of course,there is still a long way to go in building the monitoring committee system.With the "Supervision Law" supporting the law,the system are mostly blank.The author thinks that a series of laws,such as "Organization Law of Monitoring Committee","Law of monitoring procedure","law of Monitoring Officer",should be formulated as soon as possible to establish and perfect the supporting system.In this way,the supervision and anti-corruption work is carried out smoothly,and the final success of the reform of the supervision system is guaranteed.