Research On State Supervisory Power In Modern State Power Structure

The measures taken for the in-depth reform of the supervision system,the amendment of the constitution in 2018,the implementation of the Supervision Law of the People's Republic of China and the establishment of the supervision commission have resulted in structural changes available in the original supervisory power in China.The supervisory powers,such as disciplinary inspection and supervision,administrative supervision,and inspective supervision,which were originally spread in the functions and powers of different departments of the party and the state,have been reconstructed and integrated into the national supervisory power which should be uniformly exercised by the supervisory commission,which as a consequence is able to realize the full coverage of all the public power,the entire process of exercising public power and all the public officials engaged in the exercise of public power.Viewing this phenomenon as the aim,the academic circle has carried out a series of discussions on a variety of vital issues including the attribute and content,configuration and operation,restriction and supervision of the supervisory power possessed by the state,which actually covers multiple disciplines such as law,politics and administration.The discussion and clarification of the issues which has close relationship with the supervisory power possessed by the state should be placed in a relatively grand historical background and theoretical framework for in-depth analysis.It is widely acknowledged that the formation of supervisory committee and the state supervisory power exercised by it are regarded as the product generated by the “top-level design” of the reform to supervisory system,which is known as an organic part of the comprehensively deepening reform in the field of political science and law.This reform sets the significant aim of realizing national modernization in the fields of management system and management capability,which would inevitably require the optimization over the structure of state power.As a matter of fact,the construction of state supervisory power and the integration of the supervisory power which is originally scattered directly reflect the adjustment and improvement made for the state power structure in the entire process of comprehensively deepening reform.Therefore,in the large framework of the theory related to state power structure,attribute,positioning and functions related to state supervisory power can be accurately clarified and analyzed within the field of institutional ethics,and in-depth analysis can be carried out on the mechanism of its operationand regulation,which can provide approaches and schemes for perfecting state supervisory power,and promoting the reform of propulsion system.Therefore,this paper firstly carries out a theoretical analysis on the relationship between supervisory power and state power structure in chapter one.Through the analysis on the concept of supervisory power,it can be obtained by us that supervisory power is by no means a general supervisory power,but a public power exclusive to the state,regardless of its form.State power structure is deemed as not only the organization mode but also the configuration of state power,which aims at realizing state functions.State power structure is composed of both horizontal and vertical aspects.Among them,the horizontal structure of state power is regarded as the result obtained from the evolution and differentiation of state power,and it involves the configuration,as well as the construction of mutual relationship,of state power with different attributes,including legislative power,judicial power,and executive power etc.However,the relationship between the supervisory power and the structure of state power is mainly concentrated within the category of the vertical structure of state power.The power structure of a state is an integral operating system,and therefore it is necessary for a variety of departments within the scope of this system to cooperate and coordinate with each other and perform their respective duties,so as to form a stable operation system of power,which consequently prevent the alienation of power resulting from the compulsion and expansion of state power and satisfy the demands of the source of state power.Therefore,the supervisory power is known as a necessary element of the state power structure.In the meanwhile,the attribute,orientation and configuration of supervisory power are fundamentally subjected to the state power structure.It is known that different state power structures would generate different behaviors and of results.Through different types of development and supervision,power supervision systems of different time and space not only reflect the requirements on attribute,status and power of power supervisory system asked by different kinds of state power structures,but also reflects the response made by power supervision system towards state power structures of different types.Through the historical analysis on the change of state power structures and supervisory power both at home and abroad,it can be obtained that the western supervisory power system in modern times is mainly established on the basis of the state power structure,“separation of the three powers”,while the change experienced by the new China's supervisory power system is always undergoing systematic debugging under the framework of the state power structure of “unitary separation”.Therefore,the “unitaryseparation” of the state power structure adopted by socialism with Chinese characteristics and its reform and optimization in the new era should serve as the basic starting point for the examination over state supervisory power of China currently.The second chapter,which is organized based on the background of the optimization over the state power structure and the reform to the supervision system,carries out an in-depth analysis on the ontological issues such as the attribute,function and positioning of the state supervisory power.As a matter of fact,optimization of state power structure in modern times is aimed at realizing both the efficiency and ordering of power.Reform of supervisory system in contemporary China is closely related to the orientation and goal of state power structure optimization in modern times,and therefore the supervisory system reform in China must satisfy the requirement for the optimization of the state power structure,“unitary separation”,which is unique to the socialism with Chinese characteristics in the new era,in the aspects of formal characteristic,function approach and long-term requirements,and then establish a supervisory system which is centralized and unified,authoritative and effective.Therefore,with regard to its attribute,the national supervisory power should be regarded as the “fourth power” which is independent of legislation,judiciary and administration.Through the centralized and unified exercise of this power,realizing the efficient and well-governed power operation has turned out to be an important content which can guarantee the mechanism to realize the modernization of national governance system and governance capacity.From the perspective of power function,the power of state supervision has three powers,namely,supervision,investigation and disposal,and the supervision over power is deemed as the basis.The exertion of its functions is mainly embodied in curbing rent-seeking of power through corruption punishment,ensuring the legitimate exercise of power through supervision and inspection,and realizing moral governance through the prevention of corruption.Based on state power structure of “unitary separation”,the power relationship between the state supervisory power,which is known as the “fourth power” which is exercised independently,and People's Congress is mainly embodied in “being generated by it,being responsible for it,and being subjected to its supervision”.Moreover,its relationship with the executive power is“not being subjected to its interference and mutual cooperation”,and its relationship with the judicial power is characterized by “division of labor,coordination and mutual restriction”.The third chapter attaches importance to the discussion over the operation mechanism of the state supervisory power.Determined by the goal for the optimization of state powerstructure and the properties of state supervisory power itself,state supervisory power not only bears the policy objective of governing corruption and regulating power,but also have effects on multiple values of realizing justice and safeguarding human rights.Therefore,state supervisory power should carry on concrete system construction for different values under the unified multiple targets so as to realize the ordering and standardization for both the internal operation and external connection of state supervisory power.With regard to the value orientation of the operation of the state supervisory power,the multi-value balance between supervision in accordance with law and cooperative restriction,procedural justice and substantive justice,supervision efficiency and human rights protection for the supervisory power should be achieved,and the premise of realizing the multi-balance is the reasonable allocation of supervisory power itself.In terms of the approach of practice for the operation of state supervisory power,the imbalance of power structure,the infringement of the rights and interests of persons' being investigated,frequent occurrence of misjudged cases and selective supervision are known as the key risks that may be encountered in the process of exercising the state supervisory power.For the purpose of making response to these risks,it is quite necessary to carry out the principle of due process,the principle of proportion,and the exclusionary rule of illegally obtained evidence,and perfect the law construction for risk resolution.In terms of the problems related to external connection in the operation of state supervisory power,what is mainly engaged in it is the coupling of the state supervisory power and jurisdiction.It is advisable to establish the cohesive system for jurisdiction system,evidence system and case transfer system between the supervisory power and judicial power under the principle of “division of labor and responsibility,mutual cooperation and mutual restriction”,and then straighten out the relationship between “complete coverage of supervision” and the “trial-centered doctrine”.Chapter four mainly focuses on the studies about how to regulate the state supervisory power.As a part of the state power structure characterized by “unitary separation”,the state supervisory power is actually not above other powers,and it should be restricted and supervised as well.Strengthening the supervision over the power of supervision serves not only as an important means which is able to promote the performance of supervision by supervisory organs,but also an important link in which human rights can be protected.Moreover,it is also regarded as an inevitable choice for the rational allocation of state power.In the process of strengthening the regulation of state supervisory power,law should betreated by us as the basis so as to realize the consistency between power and responsibility under the premise of ensuring the effective exercise of supervisory power.With regard to the supervision over state supervisory power,a system for the restriction and supervision of power with perfect system,multiple bodies and distinct gradations should be established based on the two dimensions of controlling power internally and supervision carried out externally..Moreover,the internal system design should be treated as the center of regulating the state supervisory power.Only by constructing the operating mechanism of mutual promotion and mutual restriction,can the supervisory power not be abused.In the internal control power,the main approach is known as further clarifying the division of labor and restriction of each functional department within the supervisory organ,establishing corresponding risk resolution mechanism,such as management of case risk and responsibility system of case handling,and strengthening the vertical restriction and supervision of the supervisory organ.During the process of external power control,importance should be attached to the role of leading and supervision of the people's congress as an organ of power.In the meantime,the judicial organs' restriction and supervision over the supervisory organs in procedures and entities should be improved,and the supervision of social forces should be strengthened accordingly.The fifth chapter launches the discussion from the approach of perfecting state supervisory power and it is known that “Reform has only the present tense but not the perfect tense.” The optimization of state supervisory power cannot be accomplished in an action.In addition,the research on state supervisory power is also a very practical problem,and the current reform of supervision system is still in the process of continuous exploration and deepening.From the perspective of improving the methodology for state supervisory power,we should deal with the problem of the relationship between “crossing the river by feeling the stones” and “top-level design” in the reform process of supervisory system,distinguish major reform from small and medium-sized reform without violating the existing framework of legal system,and then carry out corresponding exploration and practice of supervision system reform locally in an orderly manner.In the macro-path of improving the supervisory power of the state,it is advisable to treat local institutional environment as the basis,perfect the construction of law-based environment of supervision,focus on the problems of establishment,amendment,abolishment and interpretation related to relevant laws about supervision,and then promote the transformation and reform from “basic formation to perfection” and “rule oflaw in form to that in essence”.From the perspective of micro path,the main development direction for the improvement of the state supervision power in the future is constructing the structure of supervisory organization which can promote the fair and efficient operation of supervisory power,improve the system of dispatch for disciplinary inspection and inspection,improve the mode of “office sharing”,focus on the construction of the supervision system for the army and the armed police force,and enhance the international cooperation against corruption.