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Reflections On Operation Practice Of National Supervisory System

Posted on:2021-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y R WangFull Text:PDF
GTID:2416330623465671Subject:legal
Abstract/Summary:PDF Full Text Request
With the amendment of the Constitution and the promulgation of the Supervision Law,supervision committees at all levels have been established one after another,and the legal basis for the operation of the national supervision system has been established.The operation of the national supervision system is also very different from that in the past,that is,from the previous pattern of "mainly administrative supervision and disciplinary committee supervision and decentralized supervision" to the "national supervision and centralized supervision" pattern.This pattern fully demonstrates that the state supervision system is a new rule design and a centralized,unified,efficient and authoritative operation mode.However,the design of a new type of institutional rules cannot be all-encompassing and perfect,and it will inevitably be in need of improvement.We just want to examine what problems still exist in practice and keep reflecting,so as to make this system more perfect.For the purpose of this article,given that the current state surveillance system is not long running and some new problems will inevitably arise in practice,it is necessary to think deeply about the problems that arise in practice and put forward targeted recommendations.So that the operation of the national inspection system can achieve better inspection results.This thesis is divided into four parts for detailed elaboration.The first part is a brief overview of the state inspection system under the current constitution.By discussing the current situation of the state supervision system,and the constitutional basis and significance of the operation of the state supervision system,it shows that China's supervision system is an innovative system design,which has risen from the original "administrative supervision" to "national supervision" Have a certain understanding of the operation of the national supervision system in theory.The second part explains the relationship between the supervision power exercised by the supervisory authority and various powers under the operation of the national supervision system.It mainly discusses the relationship between the supervision power and the supervision power of the party's disciplinary inspection department,the supervision power of the people's congress,the administrative power of the government,and the judicial power of the judicial organs.It is stated that the supervisory power is neither administrative power nor judicial power,but belongs toan independent power under the state power structure.It has the dual attributes of administrative investigation and criminal investigation.The third part summarizes the problems existing in the operation of the national supervision system.Including the effectiveness of the supervisory organs' application of the supervisory recommendations needs to be improved,the connection between the supervisory organs and the judicial organs needs to be streamlined,and the follow-up criminal measures need to be further connected.By analyzing the problems existing in the operation of the supervision system,I realized that the operation of the supervision system is still insufficient.The fourth part proposes countermeasures to the problems existing in the operation of the national supervision system.The author suggests that it can be started from three aspects: the need for the supervisory authorities to effectively use the supervisory recommendations,to improve the normative system of cooperation between the supervisory authorities and the judiciary,and to further consolidate the supervisory investigation and criminal measures.In this way,the national supervision system is in line with the current national level of China.In order to meet the actual needs of the government,it is necessary to link up with the criminal measures of the judicial organs to promote the seamless docking of the supporting measures to achieve the more standardized operation of public power and the further improvement of the effectiveness of state supervision.
Keywords/Search Tags:national supervision system, practical reflections, power supervision
PDF Full Text Request
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