Research On The Functional Position Of Supervisory Disposal Power And Its Exercising Optimization

The main purpose of the establishment of supervisory power is to prevent corruption in the operation of public power.Around this purpose,the core function of supervisory power should be corruption governance and clean government construction.The power of supervision is divided into the power of supervision,the power of investigation,and the power of disposal.The power of disposal is a secondary power in the supervisory power,which plays a role in the supervisory power system.As the basic mechanism for the operation of supervisory power,the operation mechanism of disposal power is scientific and reasonable.It is related to whether the results of supervision investigation can get good feedback and whether the purpose of establishing supervisory power can be realized.Clarifying the functional positioning and operation optimization path of the supervisory power of disposal is conducive to enriching academic research on the related issues of the supervisory power of disposal,and provides a reasonable basis for the practice of the exercise of the power of disposal,so that the operation of the power of disposal is more in line with discipline and law.The requirements of convergence can better give play to the effectiveness of post-event governance,and better respond to the needs of the times and the development of the rule of law.The article is divided into four parts in addition to the introduction and conclusion.The first part is the definition of the connotation of the power of supervision and disposal.The power of supervision and disposal is the power to judge violations of the law and to take punitive measures in accordance with the law.The power of supervision and disposal is a statutory power and a sub-content of the power of supervision.It has both substantive value and procedural value.It is the unity of judgment and execution.According to the way in which the disposal power is exercised,it can be divided into evaluation disposal power,disposal disposal power and accountability disposal power,transfer disposal power and suggestion disposal power.The effectiveness of monitoring disposal power exists due to different types of disposal power.difference.The second part is about the functional positioning of supervisory disposal power.The establishment of supervision and disposal powers,on the one hand,is to punish illegal acts and purify the political ecology;on the other hand,it is to improve the management system and form a long-term anti-corruption mechanism.From a procedural point of view,there is a relationship between the power of disposal and the power of supervision and investigation,and the exercise of the power of disposal is premised on the exercise of the power of supervision and investigation.However,from a functional point of view,the power of disposal,the power of supervision,and the power of investigation are independent of each other,and their respective establishment purposes are not the same.According to the different stages of the operation of the disposal right,its operation mechanism includes four aspects:initiation,feedback,relief,and connection.The third part is about the operational problems of the supervision and disposal power.The power of supervision and disposal has a certain legal force,so it is necessary to grasp the purpose of the establishment of the disposal power in the operation process to avoid overflowing the power boundary and causing damage to the legal rights and interests of the subject of supervision.In practice,the operation of supervision and disposal power generally has problems such as poor system connection,insufficient power restriction,insufficient legal norms,and low supervision quality and efficiency.The fourth part is the optimized countermeasures of supervision and disposal rights.In view of the operational difficulties of the supervision and disposal power,on the basis of adhering to the principles of legality,modestness,and proportionality,the linkage mechanism for the operation of the supervision and disposal power should be improved,power control should be strengthened,disposal procedures should be standardized,and the effectiveness of supervision should be improved.Specifically,the supervisory authority can focus on the optimization of supervisory and inspection linkages,discretionary benchmarks,and communication and feedback mechanisms to truly implement the right of disposal.