Constitutional Research On The Reform Of The State Supervision System

Since the sixth plenary session of the 18 th CPC Central Committee opened the prologue of the Reform of the National Supervision System,the reform has been carried out on a pilot basis in the three places of Beijing,Shanxi and Zhejiang in China.After that,the reform was carried out on a national scale.And by amending the Constitution and enacting the Law on Supervision,the reform was given a constitutional and legal basis.Today,the Reform of National Supervision System has entered the stage of comprehensive promotion,and the new national supervisory system has been basically formed.However,there are still some problems to be solved urgently.For example,in the Constitutional Amendment,the independence of the supervisory committee and the stipulation of its cooperation with the judicial organs,the law enforcement authority are ambivalent,it is also ambivalent with the supervisory power of the People Congress;Because the regulation of the duties and powers of the Supervisory Committee is too abstract and the relief system for the supervisory object is not perfect enough,there is imbalance between improving the efficiency of the supervision work and protecting human rights;The supervision and control mechanism for the supervisory organs and supervisory powers is also extremely imperfect,which easily leads the supervisory committee to become a "super organ" lacking of restraint,leads the supervisory power to be abused,and ultimately disrupts the balance of state power,and leads to the violation of the basic rights of the supervisory object;.In order to solve the above problems,this article will expound from the following several aspects: First,analyze the reasons and main characteristics of the Reform of the Supervisory System in our country.Before the reform,there are some problems,such as the incomplete supervisory object and scope,the unclear boundary of duty between different agencies,the inconsistency of power and responsibility,and so on.Our country is committed to solving these problems through the reform.Second,analyze the supervision system under the background of reform: the first is to analyze the relevant elements of the supervision system,make clear them from the macroscopic concept,and then analyze them in the context of the current reform,the second is to analyze the policy basis,the legal basis and the constitutional basis of the reform,and then analyze the constitutional significance of the reform.Third,reflect on the problems of the reform so as to provide feasible suggestions for these problems;Fourth,provide suggestions to perfect the national supervision system.Specifically,these suggestions include defining the independent status of the supervisory organ,ensuring thebasic rights of the supervisory object through relevant legislation,perfecting the external supervision and restriction mechanism,perfecting the internal supervisory and restrictive mechanisms,and formulating and amending the relevant laws,which can not only achieve the goal of anti-corruption,but also maintain the procedural justice and the citizens' basic rights;Fifth,summarize the article,and arrive at the conclusion.