Research On Legal Supervision Of The State Supervisory Power

The reform of the supervisory system established National Supervisory Commission as special supervisory organization,which has realized the integration of the state supervisory power and the full coverage of the supervisory scope.It will also effectively solve some problems in China's previous supervisory system.As an important part of the national supervision system,the state supervisory power plays a vital role.However,it is necessary to pay attention to the standardized operation of the state supervisory power if the authority of the state supervisory power is to be guaranteed and the long-term and effective supervision function is to be ensured.However,if we want the state supervisory power to operate normally,then the establishment and perfection of the legal supervision of the state supervisory power is the necessary meaning.The first part of this article mainly introduces the meaning of the state supervisory power,supervision over the state supervisory power and the definition of legal supervision over the state supervisory power in our country at present.First of all,it introduces the meaning and background of the state supervisory power,defines the nature of the state supervisory power,then explains the meaning of legal supervision of the state supervisory power,and analyzes the current system of legal supervision of the state supervisory power.The second part analyzes the theoretical basis of legal supervision of the state supervisory power,including two aspects.The first is the development of the control right theory and its feasibility as the theoretical basis of legal supervision of the state supervisory power.The second is the meaning of the power balance theory.The power balance theory is used to explain that the state supervisory power should be rationally allocated with other powers,so as to maintain the balance of power and better play the effectiveness of the state supervisory power.The third part mainly demonstrates the necessity of legal supervision of the state supervisory power from the perspective of the relevant systems of the national supervision right,and from the two aspects of its own characteristics and the requirements of its human rights protection in monitoring object.First of all,it expounds monitoring object's dual status.As a public official exercising public power,he should accept the supervision of the supervisory committee,but he still enjoys basic human rights protection and legal rights remedy in the process of accepting supervision.Secondly,it states that the state supervisory power is different from the original administrative supervisory power after being integrated.Its power is centralized and difficult to check and balance.These characteristics require the supervision of the national supervisory power.The fourth part will analyze the current difficulties in legal supervision of the state supervisory power.This paper introduces the change of the original supervision system.In the original "government,court and procuratorate" system under the National People's Congress,the National People's Congress and the procuratorate are specialized supervision organs.After the reform of the supervision system,a new system of"government,committee,court and procuratorate "under the National People's Congress has been formed.The National People's Congress,the National Supervisory Commission and the supervisory organs have all become specialized supervision organs,thus breaking through the original supervision system.It also introduces the imperfection of the current supervision mechanism of the state supervisory power,which is mainly manifested in four aspects:co-location can easily lead to confusion of power,paradox of self-supervision,difficulty in relief of infringement of the state supervisory power,and unclear restrictions on taking lien and other supervision measures.The fifth part is also the focus of this article.According to the current problems and the development of the state supervisory power,it puts forward suggestions on the improvement of the system of legal supervision of the state supervisory power.It mainly strengthens the supervision of the state supervisory power by strengthening the supervision of other state organs and perfecting the internal supervision mechanism.At the same time,it puts forward a state compensation mechanism that clarifies the state supervision right.On the one hand,it can strengthen the protection and relief of the rights of monitoring object,update the current supervision system,and the most important thing is to strengthen the supervision of the state supervision right.The supervision of the state supervision right is a systematic project.In this process,the operation of the state supervision right should be standardized,and the independence of the state supervisory power should be guaranteed in accordance with the constitution,thus continuously deepening the reform of the state supervision system.The supervision of the state supervisory power is a systematic project.In this process,the operation of the state supervisory power should be standardized,and the independence of the state supervision right should be guaranteed in accordance with the constitution,thus continuously deepening the reform of the state supervision system.