Research On The Selection And Appointment System Of The Ombudsman

In September 2018,the Standing Committee of the 13 th National People’s Congress announced the legislative plan during his tenure.The Ombudsman ’s Law is included in the “Second Type(Legislation)Project”,that is,“A draft law that needs to be worked hard and submitted to consideration when conditions are ripe”.The selection and appointment of the ombudsman is the premise and basis of the personnel management system of the ombudsman and determines the employment orientation of the Supervisory Commission.Establishing and improving the system of selecting and appointing ombudsman is an important part of the construction of the ombudsman system,and it is also a system guarantee for the establishment of a professional and professional discipline inspection and supervision team.The Constitution of China and the “Supervision Law of the People ’s Republic of China”(hereinafter referred to as “<Supervision Law>”)give the ombudsman a special legal status.On the one hand,the ombudsman is a public official,and the appointing ombudsman should abide by the basic norms of civil service examination;on the other hand,according to the occupational particularity of the ombudsman,the selection system of the judicial and procuratorial organs should be consulted to establish a separate and prominent professional selection system of ombudsman.The reform of the national supervisory system has established a centralized,unified,authoritative and efficient supervisory system by substantially integrating supervisory forces and functions.However,the newly formed supervisory organs at all levels have the problems of complicated internal staff composition and inconsistent personnel management.This article will take the issue of the qualification of the ombudsman as the starting point,sort out the relationship between the various transfer personnel within the Supervisory Commission,the discipline inspection commission and the Supervisory Commission,the Supervisory Commission at all levels and the stationed organization,analyze and explore a variety of selection methods,and establish a ombudsman selection and appointment system that has unified standard and a variety of forms.Elitism,specialization,and standardization are the basic principles and goals of the construction of the team of ombudsmen.The unevenness of the professional direction and business capabilities of internal transfer personnel formed by the reform of the supervision system indicate that it is not appropriate to adopt a one-size-fits-all approach to include all supervision staff into the team of ombudsmen.From the perspective of normative analysis,the Supervisory Law uses two expressions for "ombudsman" and "supervisor" for the staff of the Supervisory Commission.From the "Ombudsman is a supervisor who exercises supervisory power according to law",it can be seen that the "supervisor" in the Supervision Law should be a staff member of the Supervisory Commission including the "ombudsman".The joint office system of the Discipline Inspection Commission and the Supervisory Commission is likely to cause the disciplinary inspection cadres and supervisors to mix their functions and powers,and a clear distinction should be made.The Discipline Inspection Commission and the Supervisory Commission belong to two power systems.Discipline inspection cadres engaged in discipline supervision do not necessarily possess the status of ombudsmen,and should be obtained through assessment.When exercising its supervisory power,it should also be made in the name of the ombudsman.It cannot be used for supervision and discipline within the party in the name of the ombudsman and its legal duties.Once the scope of the appointee ’s selection target is clear,the requirements and criteria for selection should be quantified.By referring to China’s ancient supervisor system and the current judicial system,the selection conditions of the ombudsman can be clearly divided into four aspects: political literacy,professional ability,work experience,and professional ethics.The supervisory organ is a political organ,and the political attribute is the fundamental attribute of the supervisory power.Improving political positions and strengthening disciplinary thinking are the basic requirements for maintaining the political purity of discipline inspection and supervision cadres.Political literacy should be the primary criterion for the ombudsman ’s assessment.At the same time,duty crimes have the characteristics of concealment,complexity,and wide professional fields.The comprehensive management content of the assessment of ordinary civil servants cannot fully meet the needs of supervision work,and higher requirements should be placed on the knowledge reserve and business ability of the ombudsman.With reference to the selection methods of ordinary civil servants,judicial organs,and procuratorial organs in China,the selection of the ombudsman can take four forms: open selection,open transferring and culling,internal appointment evaluation,and appointment system.According to the characteristics of the personnel composition within the Supervisory Commission,the appropriate form of the above four selection methods is adopted.For example,if you need to quickly select a batch of staff with rich experience in discipline inspection and supervision,you can use open transferring and culling as the main form of selection.According to the transfer of identities of supervisors and the requirements for the appointment of appoint ombudsmen and supervisory ombudsmen,internal appointment assessment and appointment systems can be used to make up for deficiencies in other selection methods.The effective implementation of the election system needs to improve the corresponding supervision and safeguard measures.Through the establishment of the ombudsman qualification confirmation committee,which exercises the ombudsman’s selection power,and then the NPC Standing Committee exercises the ombudsman’s power to appoint and dismiss,so as to clarify the boundaries of the exercise of power and implement the subject of responsibility.At the same time,the selection of the ombudsman should also have certain restrictions to ensure that the ombudsman will carry out the supervisory work fairly and independently.Finally,through the establishment of a systematic and perfect legal norm system for the appointment of ombudsmen and a diversified supervision and disciplinary mechanism,it is ensured that the supervisory organs can correctly exercise their right to elect the ombudsmen within the scope prescribed by law.