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An Analysis Of The Internal Rationale Of The Reform Of The National Supervisory System

Posted on:2020-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:C F LiFull Text:PDF
GTID:2436330572994362Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The integration of the inner-party supervision and the legal supervision in the system reform of the national supervision system is the key node of the current supervision system reform in our country.The national monitoring system is the combination of the above two systems,which are closely related to each other.The inner-party supervision system is based on the Constitution of the Communist Party of China,and the legal supervision system is based on the Constitution of the Peopleundefineds Republic of China.The division of the two in the course of reform is the key clue to the development of the power supervision system since the reform and opening-up,which constitutes the basic historical background of the system reform in our country.Since the reform and opening-up,the relationship between the inner-party supervision and the supervision of the law has gone through three stages of development.The first phase: in 1978,the internal supervision and the legal supervision of the inner-party supervision and the law supervise the reconstruction of each other,and jointly deal with the corruption of power such as the "economic crime".The Third Plenary Session of the Eleventh Central Committee of the Eleventh Central Committee decided to turn the focus of work of the Party and the State into economic construction,and the power supervision system The first core of the supervision system of the reconstruction of power is to create a good political situation of stability and unity for the reform and opening-up.In the functional division,the inner-party supervision and the legal supervision constitute the "inner circumference" and the "peripheral" of the supervision system for this period,respectively.The former is responsible for rectifying the order of the party and supervising the discipline of the party members.The latter is responsible for the restoration of the state legal order and the supervision of the illegal activities of the public officials.The supervision of the party and the supervision of the law are independent,although there is a distinction between the jurisdiction of the case,it is in cooperation with the case-handling procedure.In that second stage: from 1992 to 1997,the supervision of the party and the supervision of the law and the supervision of the law and the coordination of the work system under the coordination of the discipline committee have gradually expanded.the four major four of the party in 1992 define the goal of the reform of the socialist market economy,and how to face the severe corruption situation in the condition of the market economy,And also gradually become a prominent problem.The main characteristic of the development of the power supervision system during this period is that the importance of legal means in the fight against corruption is becoming more and more prominent.The construction and development of the legal supervision system are not only rapid,but also the inner-Party supervision also presents the trend of law-management and standardization.On the basis of system design,to consolidate and strengthen the Partyundefineds leadership,to improve the power of the ruling,to build the party into a strong core to lead the cause of the socialist modernization,it is an important purpose of anti-corruption.The interweaving of the two ideas forms the "unified leadership of the Party Committee" and "Discipline Inspection and Coordination" undefineds anti-corruption mechanism as expressed by the 15 th Party Congress of the Communist Party of China in 1997.The third stage: after the formal formation of the "Discipline Inspection and Coordination" undefineds anti-corruption system in 1997,the power supervision system continues to develop along two basic clues: one is to strengthen the Partyundefineds longitudinal supervision,and the second is to improve the rule of law of democracy.The anti-corruption is carried out in the way of the rule of law and the rule of law.The fundamental way of power supervision in this period is not changed in comparison with the previous stage,but it is subject to local adjustment to the new problems in the reform.In particular,with the reform of the deep-water area,the difficulty of anti-corruption work is increasing,and the past "Discipline Inspection and Inspection"-power supervision system presents a dilemma.In the case of the legal supervision system,the imperfection of the judicial system has caused the legal supervision to be difficult to implement,and its authority is insufficient;in the case of the party supervision,the existing party supervision system also needs to improve the maintenance ability of the partyundefineds political discipline.Therefore,combining the normative and professional advantages of the legal supervision with the political advantage of the inner-party supervision can do more with less.As a result,the Partyundefineds Discipline Inspection Commission and the State Administration Office,the Partyundefineds supervision and the legal supervision and the gradual integration,became the new model of the power supervision system after the 18-year-old.In this paper,it is concluded that the "to complement oneundefineds body" of inner-party supervision and legal supervision is the inner rational way of the system reform of the national supervision system.At the beginning of the reform and opening-up,this road was formed in the 90 undefineds of the last century,and the new era was fully presented in the national supervision system.This is also the concrete implementation of the "The organic unity of the leadership of the Party,the peopleundefineds ownership and the rule of law".
Keywords/Search Tags:Party-law Relationship, Power Supervision, Anti-corruption, Supervision System Reform
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