Research On The Definition Of The Object Of State Supervision

In 2018,China’s constitution was newly revised,and the supervisory committee came into being as a constitutional organ,forming a new pattern of national governance system of"one government,one committee and two courts"in the new era.To clarify the scope of supervision is the first step of supervision reform.As a new institution of the state,the object of its supervision is all the public officials who exercise the public power.The personnel,specific defining elements and the perfection of relevant issues that should be included in the scope have become urgent problemsIt is of great theoretical and practical significance to study the definition of the object of state supervision.The solution of this problem not only reflects the great step of anti-corruption legislation in China,but also draws on the advanced legislative experience of foreign countries,which conforms to the trend of international legislation.In this paper,literature research method is used to collect as much as possible the relevant domestic and foreign national supervision object literature,and use induction,analysis and other methods to sort out the collected literature,providing theoretical basis and materials for the writing of the paper.Based on the qualitative analysis method,this paper summarizes the basic concept,theoretical basis and research background of national supervision object,and the existing problems in the definition of supervision object in the practice of supervision.As the implementation time of China’s supervision law is still short,the research on the definition of national supervision object is improved by drawing lessons from the relevant advanced legal system and theoretical experience At present,while discussing the relevant issues of the supervision law,the academic circles will also involve the judgment of the state supervision object,mainly through the analysis of the elements of "public power" and ""civil servant identity",but they are basically based on the element of "civil servant identity",which can not fundamentally solve the problem of defining the state supervision object.It can be said that the state There is still a blind area in the study of the definition of domestic supervision objects,and the scope of the six categories of supervision objects stipulated in Article 15 of the supervision law is very wide.Therefore,the research on the definition of the state supervision object must be based on the specific investigation and analysis of the supervision scope stipulated in the supervision law,and on whether to exercise the"public power"as the foothold to define the supervision object.In order to ensure that there is no dead angle for the state supervision object,the public power will be put under the sunThe scope of the national supervision object is all the public officials who exercise the public power.At the same time,Article 15 of China’s supervision law enumerates six categories of supervision objects,which for the first time truly realizes the full coverage of the public power,and establishes the elements of defining the national supervision object with "public power" and"public role".However,Article 15 does not exhaust all the public officials who exercise public power.To judge whether a person belongs to the object of state supervision,we should make a comprehensive judgment and definition from the four elements of public power,public status,public management and service,public property and resources.From the perspective of the object of state supervision,this paper studies the defining elements and related issues.In this hope,it can play a reference role in the practice of defining the national supervision object.