Analysis Of Supervision And Restriction Mechanism Of Supervisory Power In China

In order to overcome the problems of imperfect anti-corruption leadership system and scattered anti-corruption forces,the Party Central Committee has made major decisions and plans for the reform of the national supervision system,a new State Supervisory Committee has been set up and three supervisory committees at the provincial,municipal and county levels have been established.With the deepening of the reform of the supervisory system,the amendment of our Constitution and the promulgation of the Supervisory Law,the supervisory power has become the "fourth power" which exists independently of the legislative power,the judicial power and the executive power,and is a constitutional power,the supervisory organ becomes the Special Organ to exercise the supervisory power.The supervisory authority is high and powerful,and the supervisory authority is strong and centralized.The Central Committee of the Communist Party of China(CPC)has made it clear that it is necessary to prevent "darkness under the lamp" and that "who will supervise and supervise the Supervisory Committee" has become a matter of widespread concern.As the operation of the supervisory power is still in its initial stage,the theoretical research on supervision and restriction is insufficient.As a new type of power,how to realize the supervisory power in the orbit of the rule of law and improve the supervision and restriction of the supervisory power is an urgent problem to be studied.This paper combines the stipulation of The Supervision Law about the supervision and the restriction of the of supervisory organs and supervisory personnels,carried out from the internal supervision,the supervision of the People's Congress,the restriction of the judiciary and the supervision of the people.This paper discusses the theory of supervision and restriction of supervisory power from the general theory of supervision and restriction.Based on the reality of the work of supervisory organs,this paper analyzes the existing mechanism of supervision and restriction of supervisory power.From the purpose of the establishment of supervisory power for the control of power,the protection of civil rights and the practical needs of supervisory organs to accept supervision,this paper probes into the necessity of the standardized operation of supervisory power and finds out the loopholes of the existing mechanism from the angle of feasibility,and based on the author's experience in the work of supervisory organs atthe district and county levels,put forward the countermeasures of perfecting the supervision and restriction mechanism of the supervisory power.As for the internal supervision,this paper probes into the internal control mechanism and the internal organization establishment,and puts forward the supervision mode of the internal inspection and inspection with Operability;As for the the supervision of the People's Congress,finding out the dilemma of the reverse supervision between the People's Congress and the supervisory organ,the paper puts forward some supervision approaches,such as filing and reviewing the normative documents of the supervisory organ,to make the supervision of the People's Congress effective;As for the supervision and restriction of the judicial organs,combined with the Supervisory Commitee for the transfer of duty crime cases to review the prosecution process and the judicial trial cases,analysing that the judiciary supervision and restriction has been crippled,this paper puts forward systemetric measures of transferring synchronous audio and video recording with the case and examining the necessity of detaining;As for the supervision of the people,the ways of lawyers intervening in the cases of detaining are put forward.In addition,from the perspective of state compensation for relief of the supervisory power are discussed.Through the improvement of supervision and restriction mechanism to ensure the normal operation of supervisory power,to achieve the ultimate goal of the reform of the supervision system.