The Study On The Circuit Court Of The Supreme People's Court

The reform of the national monitoring system was initiated in the context of the current severe corruption situation in China and the strict governance of the party and the rule of law.The key to the reform of the national supervision system is to integrate the political restructuring of the three anti-corruption forces.The original disciplinary inspection,supervision,and judicial supervision had decentralized power,cross-functional functions,and coordinated supervision;administrative supervision was limited and lack of supporting measures led to lack of authoritative monitoring measures;the legality of the “dual regulation” monitoring measures was questioned;and the object of disciplinary inspection supervision was too narrow.Full coverage can be monitored;administrative supervision agencies lack independence.The national supervision system reform promoted the strict administration of the party and the rule of law,achieved full coverage of the punishment of corruption,and embodied a kind of political structural reform.This national monitoring system reform inherits the excellent cultural traditions of China's ancient monitoring system,and also absorbs the experience of monitoring systems in extraterritorial countries and related regions,such as the Independent Commission Against Corruption in Hong Kong,the Anti-Corruption Bureau in Singapore,and the Parliamentary Commissioner in Sweden.The system is the inheritance and development of the ancient monitoring system in China,and it is also a reference to the extraterritorial anti-corruption system.The adoption of the "Constitutional Amendments of the People's Republic of China" and the formulation of the "People's Republic of China Supervision Law" have achieved the statutory and definitive transformation of China's current state supervision system reform.The revision of the constitution and the formulation of relevant laws have completed the reform of administrative supervision to the state.The constitutional status of the supervisory committee has been clarified,and the nature,scope of functions,institutional setup,personnel arrangements,and talent selection of the National Supervisory Commission have provided legal basis.The establishment of the National Supervisory Commission has important value functions: it integrates and integrates the anti-corruption force of China's supervisory system;it enhances the legal status,independence,and authority of China's supervisory agencies;it achieves full coverage of surveillance targets;and it completes the reform of China's monitoring system.Change in the rule of law.The relationship between the newly established National Supervisory Committee and the Party,the relationship between the National People's Congress,the government,and the convergence of the judicial organs are the key points and difficulties that need to be discussed and dealt with after the reform.The national monitoring system has been refined with the "Constitution" and detailed in the "National Supervision Law." However,there are still some specific institutional issues that need to be deepened and improved.Such as the newly established National Supervisory Commission to improve its own specific system,it is necessary to proceed from the following aspects: the establishment of the internal supervision of the National Audit Commission;optimize the national selection mechanism of the Supervisory Commission;reform inspection system with the operation of the Commission.In order to avoid the supervising committee becoming a super power organization,the National Supervisory Commission is supervised and checked through the supervision of people's congresses,judicial supervision,internal supervision and social supervision.To protect the legitimate rights and interests of the object to be monitored,lawyers should be allowed to intervene during the investigation of the object to be monitored;the right to seek procedural rights and remedies should be established after the legitimate rights and interests of the monitoring object are infringed;and the national compensation liability mechanism of the monitoring committee must be established.Only under the guidance of the top-level design of the supervisory system,comprehensively deepening and detailing and monitoring specific systems can we achieve a comprehensive monitoring system to promote the development of the country's rule of law.