Research On The Allocation Of Supervision Power From The Perspective Of Power Structure Reform

The reform of supervision system is a major adjustment of power structure.The constitution and the supervision law have given the supervisory commission a very clear orientation.In combination with the core and purpose of the reform of the national supervisory system,there are still some institutional and institutional problems to be clarified.These problems are mainly reflected in the coordination between the supervisory commission and relevant organs.From the perspective of power structure reform,this paper takes the relationship among horizontal institutions as the entry point to deeply analyze the relationship between supervisory organs,power organs,judicial organs,procuratorial organs and party discipline inspection organs,and analyzes and discusses the allocation of supervisory powers from the overall situation.This paper is divided into four parts.The first part mainly explains the basic theory of supervisory right.Firstly,under the background of reconfiguration of state power,the attribute of supervisory power is proved.Secondly,it summarizes the advantages of supervisory power as a new type of state power,and summarizes its three characteristics of independence,comprehensiveness and scientificity,so as to provide the basic theoretical background and foundation for the research of this paper.The second part discusses the power allocation between state organs in the constitution from a relational perspective.This paper analyzes the relationship between supervisory organs,power organs,judicial organs and procuratorial organs,and focuses on the boundary between the supervisory power of people's congresses and the supervisory power of supervisory committees,as well as the relationship between the investigative power exercised by supervisory organs and the investigative power of procuratorial organs.Then it sorts out the core disputes about the allocation of supervisory power in the academic and practical circles.The third part focuses on the particularity of the supervisory commission as both a party organ and a state organ,and analyzes the operation mode of the two attributes of power in practice,as well as possible problems.That is,the current supervisory committee and office of the commission for discipline inspection offices at all levels,under the system in the institutions and functions of the "two committees" in the process of integration,because the state law mechanism and criterion of the party and the properties of the differences,leading to the commission for discipline inspection and supervision committee of problems on the responsibility division,and the cohesion between enforcement and supervision committee for law enforcement.On the basis of the research on the above issues,we will explore the allocation of supervision rights in the office building mode.The fourth part,by analyzing the structure of state power reform background,the supervisory authority configuration issues,to optimize the distribution of the supervisory authority for the purpose,from the supervisory organ and power organs,courts and procuratorates under the background of the functions and powers of cohesion and belonging,the supervisory organ and connecting with the authority of the party's discipline inspection authorities four aspects.Mainly through perfecting the supervision committee work report to the National People's Congress system,build good cohesive mechanism of supervisory authority with jurisdiction over,as well as to the exercise of investigative supervision committee for regulation to realize the optimization of the allocation of supervisory authority,at the same time,actively improve the system of discipline inspection offices office,make the supervisory organ within the rational allocation of power,to ensure that monitoring system reform continued to deepen.To realize the continuous optimization of the allocation of supervision power and form a systematic and effective supervision system is an important premise to ensure the authority and rationality of national supervision power,and also an important basis for the modernization of China's governance system and capacity.