Research On The Attributes Of Supervisory Power In My Country

The reform of the national supervisory system has established the new constitutional status of the supervisory committee,and clarifying the power basis of this reform,that is,the attribute of the power of supervision is an inevitable requirement for ensuring the legalization and scientific arrangement of its operation.At present,the academic circles have the views on the attributes of the power of supervision,such as the "fourth power of the state power system," "the executive power theory," the "quasi-judicial power theory," and the "independent state power theory." However,it is difficult to fully grasp and explore the essential attributes of the power of supervision.This paper argues that from the background of the state supervision system reform,the constitutional orientation of the supervisory committee,the content of the supervisory power,and the comparison with the extraterritorial supervisory power,the supervisory power is a compound state power with Chinese characteristics.In detail,the right to supervise is an attribute of the extension of the ruling party's ruling power,that is,the power attribute of the ruling party,which is an attribute with unique Chinese characteristics.Second,the power of supervision is a new form of state power.Different from the power attribute of the administrative supervision department as a government department;the third is that the power and measures of the supervision power also have the compound attribute of administrative jurisdiction.Based on the analysis of the legality of the supervisory power system,namely the Fifth Amendment to the Constitution and the Supervision Law of the People's Republic of China(hereinafter referred to as the "Supervisory Law"),this paper adopts the external monitoring system and its power attributes.Summarizing and briefly describing,combined with the practice of China's supervisory system reform,this paper makes a detailed exposition of the essential nature of China's supervisory power,and puts forward a statement for clarifying the attribute of China's supervisory power.The main body of this article is divided into the following sections:The first chapter,introduction,is the introduction of this article.It mainly introduces and summarizes the research background of this paper,and focuses on the review and comment on the research status of the supervisory power formed by the supervision system reform and the research methods adopted.Through comparative analysis,historical analysis methods and inductive analysis methods,the preliminary preparation and premise overview of the whole paper research and writing are carried out.The second chapter,by comparing the power attributes of the supervisory power under different monitoring modes outside the domain,discusses the combination of the supervisory committee and the party s disciplinary inspection organs,as well as the combination of law and party discipline and party discipline functions,the legal stereotypes of party discipline and the members of the supervisory organs.In terms of his position,the supervisory power carries the duality of the power of the ruling party and the power of state supervision.It is the power of party and government with Chinese characteristics.The theoretical basis is the principle of party management.The third chapter mainly expounds the essence and power attribute of the supervision power in ancient China during the feudal period.It draws on the supervision system in Chinese history,promotes the reform of China s supervision system,and uses the functional integration paradigm and the power ontology to study the supervision power.The integration of procuratorial power under the dual judicial structure of China has the attributes of the power of administrative power and judicial power.The fourth chapter is based on the analysis of the power attribute of the supervisory power in the traditional administrative supervision mode,and combines the independent supervision system under Mr.Sun Yat-sen s "five-power constitution",and believes that the supervisory power formed in the supervision system reform is no longer the administrative power.Under the power of the vertical affiliation with the executive power,but on the basis of democratic concentration,the new type of relative independence derived from the legislative power exercised by the state power organ is parallel with the administrative power and the judicial power.State power.