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Investigation On The Occupational Security System Of Chinese Ombudsman

Posted on:2021-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2416330605955038Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The occupational security system of the ombudsman is a system designed to ensure the independent performance of the ombudsman in accordance with the law,and at the same time indirectly strengthen the supervision of the Ombudsman.Its specific contents include the important institutional guarantee of the independent performance of the ombudsman,personal safety,salary and other aspects,as well as the auxiliary institutional guarantee represented by the selection and appointment system.The occupational security system for supervisors can deepen the reform process of supervision system and improve the supervision efficiency.At present,the academic research mainly focuses on the supervision organs,supervision rights,supervision legislation,supervision objects,and the connection between law and law,etc.,but it pays little attention to the occupational security system of supervisors and lacks the research depth.In practice,there are some problems that affect the stability and professionalism of the supervision team due to the insufficient occupational security of the inspectors.By examining the current situation of the ombudsman,it is not difficult to find that it is related to the lack of many safeguards or inconsistent with the actual situation of the ombudsman.In order to solve these problems,this paper starts with clarifying the basic concepts,enumerates the basic contents of the occupational security system of supervisors in a structural way by combining with the external and historical situations,and proposes a reasonable assumption for the construction of the occupational security system of supervisors.This paper mainly has three parts.The first part first uses the semantic analysis method to define the intension of the ombudsman and the occupational security system in order to further clarify the research object of this paper.It also expounds the unique status and authority of the ombudsman,and emphasizes that the ombudsman's career security system should not only refer to the relevant contents of judges and prosecutors in the structural framework,but also be targeted in the specific contents.Then,by analyzing and summarizing the contents of the occupational security system of supervisors from outside the region and in history,the specific contents of the occupational security system of supervisors in China are clarified,and the explanation is expanded appropriately.Finally,the author expounds that the theoretical basis of the occupational security system of the ombudsman is the principle of independence of the right of supervision and the principle of human rights protection.The construction of the career security system of the ombudsman is the internal demand of the specialization of the supervisory work force,the objective need of the independent exercise of the supervisory right in accordance with the law and the need for the reform of the supervisory system to be brought into the track of the rule of law.The second part first discusses the present situation of the occupational security system of the inspector.At present,the development trend of the occupational security system of supervisors is good,but there are three problems:First,according to the overall shortage,the lack of special laws and regulations to regulate;Second,the specific contents of the occupational security system of the ombudsman are unclear,such as the lack of effective occupational safety protection,the rights and responsibilities of the ombudsman's immunity from responsibility are unknown,and the remuneration of the ombudsman is relatively low.Third,the content of the auxiliary system is still controversial,such as the selection and appointment of the ombudsman system standards unknown.These problems lead to the lack of management standards or management standards are not unified,seriously affect the stability of the monitoring team.Secondly,the causes of the problems are that the supervision system reform needs a trial period,and it needs to gain experience from continuous trial and error.The supply of other supporting systems is insufficient,and there is neither perfect law nor relevant mature mechanism.There are some controversies in theory and different voices in academic research.The third part puts forward some Suggestions on the improvement of the occupational security system for supervisors.Firstly,the law on supervisors and the supporting supervision regulations are formulated to fill in the loopholes at the legislative level.Secondly,to ensure the construction of specific contents: to establish a sound occupational safety guarantee system for supervisors,to establish the corresponding exemption system for supervisors to perform their duties,to establish a stepped salary system and other economic security system,and to practically improve the training system for supervisors.Finally,we should strengthen the construction of supporting systems: we can select advanced talents from the supervisory team,timely update the talent team,and bring out the vitality of the supervisory team by clarifying the admission qualifications of the supervisors,constructing a sound selection and appointment system for the supervisors and establishing a talent pool for the supervisors.In addition,the boundary is clearly guaranteed,the authority of guarantee is controlled,and the intervention of judicial review is considered when necessary,so that the operation of the Ombudsman's occupational security system is more comprehensive and efficient.
Keywords/Search Tags:Ombudsman, Occupational security system, supervision power, power restriction, supporting system supply
PDF Full Text Request
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