The Research Of The Allocation Of Functions And Power Of Supervisory Commission

General Secretary Xi Jinping pointed out that it is necessary to“improve the supervision system and do a good job in the top-level design of the supervision system”,“expand the scope of supervision,integrate the supervision force,improve the state supervision organization,and form a country that comprehensively covers state organs and their civil servants.Monitoring system" on January 12,2016.The 19 th National Congress of the Communist Party of China put forward the strategic deployment of advancing the state supervision system to develop in depth,and promoting the development of the state supervision system in depth,not only helps to improve the party and state supervision system,but also helps to improve the national governance system and improve the capacity and level of national governance.Lenin once proposed that in order to prevent public officials from becoming "people who are separated from the masses and stand on the masses and enjoy privileges",it is necessary to improve the status,specifications,and authority of the supervisory organs and establish a supervision system including the contents of inner-party supervision,people's supervision,and legal supervision..In the process of reforming the supervision system,the positioning of the supervisory committee,the positioning and characterization of the power of supervision,what kind of power should be allocated to the supervisory committee,and the relationship between the supervisory committee and other state organs are issues that are controversial.It is also a problem that must be faced with and cannot be avoided.It is also the core and key issue in the process of monitoring the reform of the system.These problems have not been resolved and properly resolved with the promulgation and implementation of the Supervision Law.If long-term consensus cannot be reached and appropriate solutions are obtained,it will affect the legal effectiveness of the Supervision Law.It is even more difficult to achieve the legislative purpose of promoting the improvement of the supervision system.An academic community with a sense of responsibility should face these issues even more.Therefore,this paper first explores the nature of the power of supervision from the perspective of constitutional power,and understands the power of supervision from a macro perspective.By analyzing the mode and principle of the allocation of supervision power before the supervision system reform,we have a macroscopic structural understanding of the power of supervision,and then combine the political organization in China to analyze the status quo and optimization path of China's supervision power allocation.The expression of the horizontal allocation of the power of supervision is the mutual relationship formed by the state organs in exercising their powers.Therefore,this paper focuses on the nature of the supervision committee under the principle of democratic centralism and the constitutional principle of "mutual cooperation and mutual restraint" and the relationship with status and with other state agencies.In the last two chapters of this paper,combined with the power system and organization of the supervisory committee,analyzes the functions of the supervisory committee from two different perspectives: the principles and procedures followed in the handling of the case and the operation of the supervisory power.