Research On The Scope Of Supervision Object

After the amendment of the Constitution in 2018,the Country set up a supervisory commission,forming a new national supervision system consisting of courts,procuratorates,supervisory commissions and the government.The introduction of the Supervision Law has opened a new chapter for the full coverage of national supervision.All public officials exercising public power are subject to state inspection as stipulated in the Inspection Law.At the same time,in Article 15,specific provisions are made on the object of supervision.Combined with these two provisions,the identification standards of "public power" and "public official" are established.However,in terms of the scope of supervision objects,the relevant concepts and connotations of "public power" and "public officials" are not clear,and the enumeration cannot cover all the supervision objects,leading to the lack of specific identification standards of supervision objects,which brings certain challenges to the full coverage of national supervision.Based on the theory and practice of full coverage of national supervision,this paper identifies five core elements of the scope of supervision objects: Public power,public office,engaged in official business,management,public affairs,the management and resources on the basis of the analysis of public property,put forward the general supervision and special supervision object,induces "public power","public management","public behavior," three "and" standard,gives a scientific definition and supervision in accordance with the principle of dynamic identification object scope.Starting from the standard,this paper studies the scope of the object of supervision in four chapters in order to get the identification standard of the object of supervision.The first chapter introduces the connotation of the object of supervision from the perspective of norms.After the reform of the national supervision system,the term "public officials" was used to determine the subject of supervision,and several specific types of "public officials exercising public power" were listed in Article 15.From the point of view of norms,it is easy to find the problem of application difficulty in practice to adopt the legislative method of "generalization" and enumeration.For example,the relationship between public officials and state officials,how to grasp the criteria for the objects of supervision under the legislation of "generalization" and "enumeration",and how to identify "state-owned enterprises" and "managers" among the objects of supervision are all unavoidable problems in the process of identifying objects of supervision in practice.Secondly,the historical evolution of the object of supervision in China is briefly sorted out in order to provide some ideas for reference for the research of the object of supervision in China.The second chapter mainly introduces the theoretical basis and practical standards of the definition of the object of supervision.Firstly,the connotation of supervision right is introduced from the perspective of norms,and then the object of supervision and the subject of duty crimes are differentiated.From the perspective of explanation theory,the paper interprets the five specific objects of supervision listed in article 15 of the Supervision Law and the provisions for the bottom line one by one.Finally,taking Sweden,Britain and Singapore as examples,this paper sorts out and analyzes the supervision objects in the supervision systems of foreign countries and regions,in order to provide international reference for the scope identification of China’s supervision objects.The third chapter of this paper mainly analyzes the factors of determining the object of supervision.This paper introduces the concept of general supervision object and special supervision object,and analyzes the five elements of public power,public service,public service,management of public affairs,management of public property and resources.According to the provisions of the law,the author also proposed that the objects of supervision can be divided into two categories: government officials who perform public power and staff of other government departments who perform public power.Among them,public officials who perform public power belong to the general supervision object,while other staff who perform public power belong to the special supervision object.The identification of special objects of supervision should follow the principle of dynamic identification in supervision practice to see whether their behavior has an impact on the national or public interests in essence,and then determine whether they are objects of supervision.Through the specific analysis of the five identification elements of public power,public office,engaging in public service,managing public affairs,and managing public property and resources,the author condenses the identification elements of national supervision objects into three categories: public power,public management,and public behavior.In chapter four,the standards of monitoring object identification are proposed.In order to provide a theoretical basis for the identification of different types of objects,the author puts forward general identification standards and special identification standards for different objects of supervision,and analyzes the application field of different elements of supervision from another Angle.Among them,the standard of "public power" is mainly applicable to civil servants and public management personnel;The standard of "public administration" shall apply to the identification of managerial personnel in state-owned enterprises,public institutions and the two committees;The identified object of this type of standard is the general supervision object."Relevant persons" and "other persons performing public duties in accordance with the law" are special objects of supervision,and they are dynamically identified according to the standard of "public conduct".Finally,the author puts forward some suggestions to perfect the legislation of supervision object in order to provide some theoretical support for the correct application of supervision law.