The Dilemma And The Way Out Of My Country's Supervision Syste

Against the backdrop of comprehensively deepening reform in the new era,the 19 th CPC National Congress explicitly proposed "deepen the reform of the national supervision system" for the first time.The supervisory system reform starts with the top design of the supervisory organs' constitutional status,organizational structure and power exercise mode.By integrating the national supervisory force and promoting supervisory organs functional reform,the corruption governance pattern is reconstructed,fully deepening of the supervisory system reform is also formally initiated.Under the basic framework of the constitution,supervision laws have been issued one after another,providing the standard blueprint for the actual operation of supervision system.Up to now,the monitoring systems have been in full force for more than two years,remarkable results have been achieved in anti-corruption work,the reform of supervisory system has entered a continuous deepening stage.Due to the lack of supervision legislation and practical experience,the integration between the comprehensive legislative ideas and the ineffective construction of laws is not smooth,which leads to some difficulties in the practice,such as part of the supervision law is blank,the details of lien measures are not uniform,the public participation mechanism is not sound,can be summarized into three aspects:insufficient legal supply of supervision system,defective supervision means and imperfect power supervision mode.These problems have greatly restricted the development process of national supervision system reform.Therefore,discussing and analyzing the sticking points in time,systematically responding to the problems in reality,and forming the beneficial interaction between reform practice and academic research,the potential advantages can be turned into real institutional practice,the reform of supervision system also can be promoted by a more scientific and reasonable direction.Based on national conditions,this paper makes an extensive empirical analysis of the judgment documents related to the supervision system and the public supervision information,follows the theoretical logic of the basic principles and combines with practical experience.Then,draw lessons from HK area's positive results of anti-corruption system,put forward realization paths to improve our supervisory system,make up institutional weaknesses.Firstly,the semantic coordination and content compatibility of supervision law.Since the beginning of supervision system reform,the basic provisions of the Constitution cannot be shaken,so the provisions of the supervision law should be semantically coordinated with the Constitution.And part of the provisions of the criminal procedure law are the guidelines to supervision activities,should be connected with the content.Secondly,build a system covering the value of due process and human rights protection.The supervision system's procedural elements setting is closely related to the realization of human rights value,not only the regularization of supervision suggestion and supervision talk,but also the operation of lien measures and the construction of civil rights protection's mechanism.Thirdly,optimize the supervision mode of supervision system.Power is self-expanding,and the supervision right system is huge,presetting the internal restraint mechanism and activating the existing supervision system can reduce the risk of new power being abused effectively.Fourthly,improve the correlation mechanism of supervision system.The attribution of state compensation liability of supervisory organs should be discussed in many aspects,such as the subject of obligation,the principle of attribution of responsibility and the scope of compensation,in order to maximize the effectiveness of supervision,preliminary system should be proposed to realize the purpose of effective supervision.