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Study On Supervisory Objects Definition

Posted on:2020-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y W CaiFull Text:PDF
GTID:2416330602955969Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The purpose of the reform of the state supervision system is to construct a unity and authorities are efficient state national supervision system under the leadership of the CPC.Before the reform of the state supervision system,the Party supervision realized all-coverage of Party members,the administrative supervision law covers administrative supervision and its staff,neither can achieve all coverage of public officials.The procuratorial organs investigate duty-related crime,but they do not extend to duty—related violation.The reform of the national supervision system has centralized and optimized the previously decentralized anticorruption functions,and achieve all coverage of state supervision.The Inspection Law of the People’s Republic of China states that all public officials exercising public authority should be all supervised to ensure that the supervision is conducted in an orderly and efficient manner.Therefore,it is important to define the supervisory object reasonably lawfully.The author divides the inspection object into general supervisory objects and special supervisory objects,the general supervisory objects are the five categories of inspection objects specified in the first five items of Article 15 of the Inspection Law,which explain in detail the interpretation of the law,but the author believes that the interpretation of the Inspection Law is not comprehensive and suggests an expanded understanding of the concept of management in the manager.Special supervision is the “other persons performing public functions according to law” proposed in Article 15,paragraph 6,of the Inspection Law.The Law provides that the supervision committee performs three tasks of supervision,investigation and disposal according to law,and there three functions are highly relevant and relatively independent and can be applied separately.Of the three functions,supervision is “positive” and has a wide scope,while investigation and disposal are “error correction” after the fact,and are targeted.From the perspective of the supervisory objects covered by the three functions,the supervisory authority of the general supervisory objects shall be exercised,starting with the first part of the supervisory supervision,and shall continue to exercise the functions and functions of investigation and disposal if exists duty-related violation or duty-related crime.The supervisory authority intervenes in the conduct of “error correction” after the offence of duty-related violation or duty-related crime,and only relates to the investigation and disposal of both functions.In conjunction with the law and the three functions of supervision committee,it is basically possible to determine the scope of the inspections.
Keywords/Search Tags:All-coverage, Supervision Objects, Public Power, Public Officials, Duty-related violation, Duty-related crime
PDF Full Text Request
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