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Study Of The Supervisory Commission’s

Posted on:2022-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2506306512465844Subject:Master of law
Abstract/Summary:PDF Full Text Request
To achieve the goal of full coverage of national supervision system reform,China’s“Supervision law” clearly defined six specific types of supervisory object.These six kinds of subjects cover all public officials who exercise public power,which guarantees and support the development of the supervisory work of the Supervisory Committee.However,there are still some problems in the definition of the specific scope of the supervisory object,which affect the development of supervision work.To clarify the scope of the object of supervision,the problems in the identification of the object of supervision are studied.In this way,the scope of scattered supervision objects can be integrated,and the excessive expansion of the scope or the omission of the supervisory object in actual work can be prevented,so as to achieve the goal of full coverage of national supervision.Combining theory with practice,we can find some practical problems which need to be solved urgently.Apart from the question of whether NPC deputies can be subject to scrutiny,there is still controversy.In the process of defining the object of supervision,there is still a difference between the definition of "state-owned enterprises" and the subject of duty crimes in the Supervision Law and the definition of related concepts in the Criminal Law,and the connotation of "management personnel" and "personnel engaged in management" in the Supervision Law is unclear.Meanwhile,the rules of application of the bottom-up clause remain unclear.The lack of a clear legal definition of these issues makes it difficult to accurately grasp the boundaries of the scope of the supervisory object.For the above problems existing in the supervisory object,the following corresponding solutions are put forward pertinently.First of all,we must make it clear that deputies to the NPC are special public officials and cannot be the object of supervision.At the same time,the limits of content and procedures must be strictly observed in the supervision of public officials who are part-time NPC deputies.Secondly,it is necessary to maintain the cohesion between the Supervision Law and the Criminal Law.It is necessary not only to clarify the scope of "state-owned enterprises",but also to unify the concept of the subject of duty crime through legal interpretation.Thirdly,identity and behavior must be defined as the common criteria for “Managers” and “People engaged in management”.Finally,the rules of interpretation of bottoming clauses should be made clear,and the analogical interpretation of bottoming clauses should be prohibited based on homogeneous interpretation rules.Only by solving the relevant problems and improving the system can we enhance the effectiveness of anti-corruption,promote national governance and social development,and full coverage of supervision will be better achieved.
Keywords/Search Tags:supervisory objects, public power, public officials
PDF Full Text Request
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