Research On The Perfection Of Supervision And Disposal Powers From The Perspective Of The Basic Principles Of Administrative Law

Since the implementation of the reform of the national supervision system,the construction of the supervision system in the new era of my country has developed rapidly,and the anti-corruption work has achieved remarkable results.The constitutional structure has undergone major changes.In order to achieve full coverage of supervision and build a centralized,unified,authoritative and efficient supervision system in the new era,the "Supervision Law" endows supervisory organs with three basic powers of supervision,investigation and disposal,breaking through the shortcomings of previous supervisory organs’ lack of diversified means of supervision,and Through institutionalized legal provisions,the behavior of supervisory organs will be standardized and ruled by law.The three functions and powers of the supervisory organs have their own connotations,and are interconnected and connected to each other.They are a multi-level three-dimensional relationship.The three are organically unified to strengthen state supervision and strengthen the vivid practice of the fight against corruption.As one of the basic powers of supervisory organs,the power of supervision and disposal is subordinate to the state supervision power,is a statutory component of supervision power,and has a subordinate nature;it is the behavior of supervision organs in accordance with statutory functions and powers.The type of disposal is statutory;the supervisory organ’s exercise of supervision and disposal power is independent of other powers of the supervisory organ,and is not interfered by supervision and investigation activities,nor is it interfered by other state organs,social groups and individuals,and is independent;In addition,supervision and disposal is a legal act,which directly produces "legal effects" on the supervision object or unit,and is the last link in supervision implementation.Whether or not the power to dispose of it can be used effectively determines the social evaluation and actual authority of the supervisory organ,which in turn directly affects the final result of the reform of the supervisory system.In a word,it is crucial to improve the norms and systems of supervision and disposal powers to ensure the sound operation of the national supervision system.While the reform of the supervision system has made great achievements,the struggle against corrosion and anti-corrosion is still severe and complicated,and the problems of violations of disciplines and laws still occur,and we still need to attach great importance to them.In the supervision and disposal,on the one hand,the rules are not scientific enough,and many important issues lack legal provisions,such as the lack of uniform standards for the definition of leaders,the obvious differences in the provisions on the causes of accountability,and the unclear definition of the specific standards of "clear criminal facts and sufficient evidence".On the other hand,the low subjective quality and the imbalance of power structure have led to obvious problems in practice,such as the use of instruments of disposal,the expansion of reasons for disposal,the selection of disposal objects,and the substitution of punishment for punishment.The phenomenon of corruption is relatively extensive,which has greatly hindered the advancement of supervision and anti-corruption work.State supervision evolved on the basis of administrative supervision.The Supervision Law was revised on the basis of the Administrative Supervision Law.The Supervision Law and Administrative Law are closely related: both are implemented based on constitutional powers;The standardization of constitutional powers and the establishment and exercise of state functions through the sound operation of state functions belong to the law on the operation of state governance;they are all laws that set and regulate the power operation and institutional setup of a specific public authority;they all belong to public law The basic requirements of the consistency of power and responsibility should be implemented in all categories;administrative organs and supervisory organs are all state organs of public power.From the commonality of supervision law and administrative law,there must be a large number of basic legal principles that are commonly applied.Using the mature theory of administrative law to study the supervision law is of great significance to the improvement of the supervision law.Starting from the theory of the basic principles of administrative law,it is required that the normative exercise of supervisory and disposal powers should adhere to the legal basis in terms of basis,adherence to legality in terms of form,and adherence to balance in terms of method.In addition,the standards for the use of administrative law theoretical principles in the supervision law can be divided into three aspects: the supervision law has no special provisions and is compatible with the supervision law.By using the basic principles of administrative law,we will examine the problems of supervision and disposal in the normative text and practical operation.The further improvement of supervision and disposal should establish the basic principles of the exercise of supervision power,so as to integrate the complicated supervision laws and regulations and supplement the laws and regulations.loopholes,and guide the specific application of monitoring laws.Improve supervision and disposal procedures,establish an overall logical framework consisting of trial procedures,decision procedures,execution procedures,and relief procedures,and focus on constructing and improving procedural adjudication rules,avoidance systems,and collective research and decision-making procedures to ensure that supervision and disposal are within the procedural framework.Internal operation,prevent the abuse of supervision and disposal power,ensure the effective implementation of supervision and disposal power,and improve the acceptability of its operation.Establish a supervision information disclosure system,and realize the participation and supervision of supervision by satisfying the public’s right to "know".In addition,the disposal measures in the existing laws and regulations are more principled,and to be improved,the content should be filled according to the characteristics of different disposal types.