Research On The Construction Of The System Of Supervisors In China

Article 14 of the Supervision Law clearly stipulates that “the state shall implement a system of supervisors,and in accordance with the law,determine the rules for the hierarchical setup,appointment and removal,assessment and promotion of supervisors”,which provides a legal basis for the system of supervisors,but this is only a principled provision,needs to formulate specific supporting laws and regulations.In the face of new phenomena,new systems,and new problems,theoretical research and responses should be conducted.How to construct the system of supervisors with Chinese characteristics is a topic of the times faced by domestic jurists in the field of supervision law.The theory of “ task-oriented administrative organization” emphasizes that organization is a means to achieve specific tasks,and the construction and adjustment of the organization should adhere to the “task-oriented”,and perform function determination,organization setting,and employee access.As an organization,the supervisory commissions are a conceptual existence.Supervisors with specific professional capabilities are the “human means” to complete the supervisory tasks,and there is a match between “supervisory tasks-supervisory commissions-supervisors”.The supervisory commissions at all levels in our country are national supervision organs that independently exercise supervisory power,perform the duties of supervision,investigation and disposition,and conduct supervision of public officials exercising public power.The system of “Joint Office” is a supervision system with Chinese characteristics,which determines that the system of supervisors in China is obviously different from the system of supervisors in ancient China and the ombudsman system in the west.The practice of the reform of the national supervision system is not only the realistic foundation of the construction of the system of supervisors,but also the direction of entry for solving the problems of the system of supervisors.In practice,supervisors have dual identities and perform dual duties.Supervisory organs at all levels require a large number of diversified professionals or interdisciplinary professionals.The contingent of supervision is faced with the practical dilemma of insufficient operational level and performance ability.The construction of the system of supervisors should be aimed at “achieving supervisory tasks”,and reasonably draw on the useful experience of the system of supervisors in ancientChina,the ombudsman system in the west,and China’s current system of judges,prosecutors,and police,and reasonably determine the qualification and management system of the supervisors under the framework of the current civil service system in China.The first is to clarify the scope of the inclusion of the supervisors,the title of the supervisors and the establishment of a national unified professional examination system for supervisors;the second is to clarify the supervisors’ political conditions,moral conditions,academic qualifications,professional ability conditions,work experience conditions and other conditions;The third is to clarify the specific management systems such as the hierarchical setup,selection,appointment and removal,assessment and promotion,avoidance,confidentiality,supervision and punishment,and professional security of the supervisors.