Research On The Administrative Cross Level Supervision

The Administrative cross level supervision refers to the supervision and inspection of the administrative acts of the lower administrative organs and their staff by the administrative organs that are not directly at the upper level in the administrative system.At present,the State Council’s large-scale supervision and the central ecological and environmental protection supervision have formed a lasting deterrent from the State Council’s direct inter level supervision of municipal and county-level administrative organs,which has increasingly standardized the administrative behavior of local administrative organs at all levels,effectively curbed the phenomenon of slow administrative inaction and disorderly administrative action,and effectively safeguarded the rights and interests of the people.Driven by the demonstration at the national level,cross level supervision at the local level is also booming.This kind of "one pole in the end" supervision mode breaks through the shackles of traditional administrative level supervision.The cross level administrative supervision actively absorbed the authority,deterrence and permeability of the Chinese censor patrol system,and combined the Chinese tradition and Western Supervision Thoughts in the restart,application and development of the government in modern and contemporary times to realize the modernization.The provisions on administrative level supervision in China’s constitution and relevant laws and regulations provide the basis for cross level administrative supervision.On this basis,the provisions on administrative cross level supervision in the normative documents of the State Council and local governments outline the system outline of cross level administrative supervision.From the perspective of generation and operation mechanism,administrative cross level supervision has four advantages: low cost,high relationship distance,symmetrical information,and harmonious and good governance.First,cost advantage.Administrative cross level supervision is the self correction of the administrative subject for its own dereliction of duty or improper behavior.It can self promote the decision-making and deployment,and complete the administrative goal with the minimum resistance and cost.Second,distance advantage.Cross level administrative supervision has opened up the distance between the supervisor and the supervised,reduced the contact frequency and interest adhesion between the supervisor and the supervised.The authority of the high-level administrative organs has intervened,forming a greater potential of supervision,which can effectively break through the old barriers and quickly achieve the administrative goals.Third,information advantage.Through more direct and flexible information collection measures,administrative cross level supervision can narrow the intermediate links of the information process and reduce the information loss in the hierarchical transmission,so as to obtain more comprehensive and accurate information about the performance of grass-roots administrative organs.Fourth,the advantages of good governance.The traditional administrative level supervision has rigid binding force,and the superior and subordinate supervision has great resistance.Administrative cross level supervision emphasizes the principle of "fault tolerance and error correction",which not only corrects the wrong behavior of the supervised object,but also does not interfere or stop the administrative behavior that does not violate the bottom line of laws and policies,reflects the value of "tolerance" in political ethics.The Administrative cross level supervision can effectively improve the efficiency of supervision,but it also faces four dilemmas in the process of operation.The first is the dilemma of regulation.The rule of law construction of administrative cross level supervision in China is more supported by internal documents and practice,and the standard level is low,and the degree of rule of law is not high enough.Second,the dilemma of CO governance.The co governance situation of all kinds of cross level supervision information exchange,achievement sharing and step coordination has not yet been fully established.The contents and objects of supervision overlap,forming a negative effect of supervision superposition.Third,constraints.At present,there are different degrees of defects in the operation of administrative cross level supervision power in China.The lack of supervision start-up procedure,investigation procedure,information disclosure procedure and post evaluation procedure lead to the "willfulness" of supervision power.Fourth,relief dilemma.The acceptance institution,acceptance scope and relief procedures for the misconduct,misbehavior and even illegal behavior of the administrative cross level supervision organization are not clear,and the protection of the rights and interests of the supervised object is in a weak position.Based on the institutional structure of administrative cross level supervision and its practical dilemma,in order to ensure that administrative cross level supervision can conform to the basic spirit of the rule of law,we should improve the administrative cross level supervision system.First,improve the pre prevention system of administrative cross level supervision.Improve the cross level supervision rights and responsibilities system,cross level supervision organization system and internal ethics system;Clarify the necessary starting conditions of administrative cross level supervision;Strictly control the frequency and time limit of cross level administrative supervision.The second is to improve the control system of administrative cross level supervision.We will improve the rules and regulations of cross level supervision procedures,the system of information release and disclosure,and the system of public participation in supervision.The third is to improve the post response system of administrative cross level supervision.Improve the post evaluation system,supervision system,self correction system and internal accountability system.We should formulate the evaluation rules of administrative cross-level supervision,clarify the relief and appeal procedures for improper administrative cross-level supervision,and construct the accountability system for improper administrative cross-level supervision.