The Scope And Identification Of Supervisory Object Under Supervision Law Of China

In recent years,China Communist Party has strengthened the crackdown on corruption with a nationwide anti-corruption campaign.Due to the overlapped jurisdiction and incomplete execution over the subject,the anti-corruption system consisting of administrative supervision,disciplinary supervision,and procuratorial investigation,cannot adapt to the current anti-corruption demand.Therefore,China has carried out a reform consolidated the previous anti-corruption forces.It sets up supervisory commissions to exercise the power of state supervision uniformly.Besides,the scope of supervision objects is expended in the reform.The purpose is to strengthen the supervision of all public officials exercising public power and achieve comprehensive coverage of state supervision.Nevertheless,concerning the scope and identification of the objects of state supervision,although Article 3 of the "Supervision Law of the People’s Republic of China" provides in-principle provisions.Article 15 makes specific provisions restricting the subjects of state supervision to five types of individuals.Section 6 describes the clause "other personnel performing public office according to the law." However,there is a misleading concept of "public power," "performing public service," "performing management," and "exercising public duty" in relevant regulations,terms that have yet to be clarified.In the practical and theoretical fields,the confusion arising out of the scope of the national supervision objects and the criteria still exists.The scope of national supervision objects determines critical issues such as the coverage and boundaries of public supervision.It is important to draw clear identification standards.Thus,after reviewing relevant researches and regulations,it is critical to analyze the background of the national supervision reform mechanism and realize the reform objectives.Under the relevant explanation of "Supervision Law of the People’s Republic of China," this paper explores the connotation and extension of the definition of public authority.It explains the boundaries of the subject of national supervision.By comparing with the concept of state functionary in criminallaw,this paper clarifies the scope of subjects under supervision law.In the future,when identifying the subjects of supervision,it is essential to consider multiple factors involving identity,responsibility,conduct,and purpose.In the end,this paper expounds the views on some unique subjects.