Research On The Legal Status Of Chinese Supervisors

According to Article 14 of the Supervision Law,China implements the Supervisor System,which means that the Supervisor is the supervisor who exercises the power of national supervision according to law.Supervisory organs,as the specialized organs that exercise the supervision functions of the state,undertake the duties of supervision,investigation and disposal of the public officials who exercise the public power.However,after the establishment of the system of inspectors,the realization of the above supervisory duties depends on the inspectors to perform their duties according to law.On September 7,2018,the Law of the Ombudsmen was incorporated into the legislative plan,and on December 22,2020,the Law of the Ombudsmen(draft)was formally submitted to the Standing Committee of the National People’s Congress for deliberation for the first time.On April 29,2021,the Law of the Ombudsmen(draft)(second review draft)was released to the public and solicited comments.The author continues to pay attention to the legislative dynamics of the Ombudsman Law.The legal status of the inspector involves the duties,rights,obligations and selection standards of the inspector,and these contents are also clear in the "law of the inspector",so before the construction of the legal system of the inspector,it is necessary to carry out an in-depth study of the legal status of the inspector in our country.This paper aims to study the legal status of inspectors in China,clarify the statutory duties of inspectors,what rights and obligations they should enjoy,protect the unity of powers and responsibilities,the unity of rights and obligations of inspectors,protect the legitimate rights and interests of inspectors,ensure the scientific and standardized exercise of the right of inspectors,and give full play to the effectiveness of inspectors.In addition to the introduction and conclusion,the paper includes the following four parts:The first part,based on the relevant provisions of the current Supervision Law and combined with supervision practice,defines the concept of the supervision officer from the perspective of the supervision functions performed by the supervision officer,analyzes the legal characteristics of the supervision officer,and defines the connotation and role of the legal status of the supervision officer.In addition,the basic principles of establishing the legal status of supervisors are sorted out,such as adhering to the leadership of the Communist Party of China,adhering to the socialist rule of law and adhering to the principle of improving the effectiveness of supervision.In addition,it analyzes the similarities and differences of the legal status of the ombudsman,judge,prosecutor and police,as well as the reference significance of the system of judge,prosecutor and police subject to the legal status of the ombudsman.The second part analyzes the legal status of the ancient supervisors through the investigation of the system of supervisors in China.For example,the ancient supervisors were endowed with greater power to realize "to enforce".In ancient times,the identity of the ombudsman was independent.The strict responsibility of the ombudsman provides historical reference for the establishment of the legal status of the ombudsman and the system of the ombudsman in China.In addition,the legal status of foreign supervisors and how to ensure the realization of this legal status are investigated.Based on the basic national conditions of China,the beneficial experience is used for reference.The third part,according to the relevant provisions of the Supervision Law,analyzes the overall legal status of supervisors from a macro perspective,and at the same time analyzes the legal status of supervisors in different positions,leading positions and non-leading positions in supervisory organs in combination with supervision practice.On this basis,the deficiencies in the legal status of the ombudsman in Our country are analyzed,for example,the legal status of the ombudsman and the loss of the legal conditions are not clear;The duties,rights,obligations and responsibilities of the ombudsman are not clear;Lack of statutory protection for the ombudsman’s treatment;The ombudsman’s subject status in handling cases is not prominent and the ombudsman’s political and legal qualities need to be further improved.In the fourth part,the author puts forward some Suggestions for improving the legal status of the ombudsman in China,such as introducing the Law of the Ombudsman as soon as possible and clarifying the legal conditions for obtaining and exempting the legal status of the ombudsman.To draw up a list of the powers and duties of the overseers,and scientifically set up their duties,duties and rights;Establishing a uniform standard of pay and treatment for inspectors;To enhance the position of supervisors as the subject of law enforcement and case handling;We should strengthen the political construction and legal discipline construction of the overseers.