A Research On The Legal Function Of Supervisory Power

After the reform of the supervision system,the power of supervision has had a profound impact on the political environment and the operation of public power in China.The establishment of the supervisory power is a self-transformation of China’s power system and structure,a deeper supervision of the public authorities,and a deeper improvement of the national governance system and capacity.The legal function of the supervisory power contains both a doctrinal discussion of the supervisory power and the pursuit of social justice,and is a functional and valuable embodiment of the rule of law system in China after the reform of the supervisory system.The analysis of the legal function of the supervisory power can not only summarize the profound connotation of the supervisory power since the reform of the supervisory system,but also clarify the direction for the realization of the legal function of the supervisory power.The reform of the supervisory system has transformed the supervisory power from an internal supervisory power within several departments to a comprehensive power,allowing the supervisory power to be maximized and achieving the goal of full supervisory coverage,supervising all public officials and effectively preventing corruption.A doctrinal discussion of the rule of law and the profound connotation of Xi Jinping’s thought on the rule of law demonstrate that the rule of law function of the supervisory power is a concrete manifestation of the substantive function of the rule of law.Based on the analysis of the connotation of the supervisory power and the rule of law function,the concept of the rule of law function of the supervisory power is defined and the legal function is discussed at a macro level through a logical progression.The legal function of the supervisory power is limited to the framework of the substantive function of the rule of law,and the operational effectiveness of the supervisory power is analyzed in the context of the purpose of its establishment,the principles of its composition and its application in practice.According to the logical order of the purpose of the establishment of the supervisory power,the legal functions of the supervisory power are divided into three categories.They are the legal predetermined function of the supervisory power,the legal substantive function of the supervisory power,and legal derived function of the supervisory power.The prevention of corruption and the building of a society in which fairness and justice are the bottom line are the objectives to be achieved when the supervisory power is created in advance;the establishment of the supervisory power makes the power structure of the state more stable and scientific,and the fight against corruption more direct and precise;the rights of those who are supervised are safeguarded,and the image of the Chinese state is positively directed.The functions of the supervisory power and the rule of law have made the reform of China’s supervisory system very effective.As the monitoring power continues in China,there is a need to further widen the path in terms of the realization of the legal function.It is important to clarify the subject,object and conditions of application of the much-anticipated supervisory detention measures;to focus on a broader vision of international supervision;to guarantee the reasonable and legitimate operation of military supervision;to expand the supervision authority of the National People’s Congress,to deepen the supervision of the Chinese People’s Political Consultative Conference and democratic parties,to make the supervision model of social rights and individual rights transparent and open,and to build a more perfect system of external supervision.The system should be transparent and open.