Discussion On Supervisory Organs’ Power Of Punishment

Supervisory commissions are the specific institutions to exercise the duty of state supervision.They are mainly responsible for the supervision,investigation and punishment of the public officials’ violation of official duties.Since the reformation of supervision system begin,the investigation power has become the focus of the society and academia,but the analysis probes into the issue of punishment power is scarce.Punishment procedure as the central link and important stage of practicing Supervision Law,not only punishes the supervisory objects but also ensures the legality of supervisory and punishment progress when the outside supervisions can’t work effectively.Firstly,punishment power,as an post processor and the ultimate stage of supervision and investigation,mainly reflects its restriction and supervision of supervision power and investigation power;secondly,the punishment procedure of a case is the specific implementation link of Supervision Law’s punishment.Meanwhile,it is also responsible for resolving the problem that whether the supervisory objects should be responsible or not,and how much responsibilities should they undertake.Punishment power plays a very important role on practicing the Supervision Law because it is one of the three powers of supervisory commissions.However,at present,China is still in the exploratory stage of supervision system reform,supervision laws need to be improved urgently,and local practice standards are not unified.Different levels,regions and people have different understandings of the concept,nature,characteristics and procedures of the punishment power.Based on the above situation,the author will start from the provisions of the supervision law,summarize the implementation rules of supervisory organs,and analyze the concept,content and characteristics of the right of punishment in combination with the punishment procedures.Because of the blank and uncertain legislation,there are many contradictions in the practice of punishment.There are also prominent problems such as In the relationship with supervision and investigation,the power of disposal appears to be too much coordination,not enough restriction;In the punishment of the investigated,the legal rights and interests ofthe investigated cannot be guaranteed.The long-term existence of these defects will certainly damage the credibility of the supervisory organs,which is not conducive to the construction of the track of rule of law in the fight against corruption.To build a scientific and complete punishment system and give full play to the role of punishment power is not only conducive to the independent and fair exercise of punishment power,but also able to respond to the outside world to the supervision organs in the investigation and punishment of cases as both "athletes" and "referees".While pointing out the problems,the author will explore and study the operation system design and operation procedure of the right of punishment,and put forward the way of supervising the operation of the right of punishment.