Research On The Operation Mechanism Of The Retaining Measures In The Supervision System Reform

The reform of the Monitoring system is a political reform with the purpose of power structure adjustment,solving corruption problems and duty crimes.The retention measures are used as a behavioral measure in the application of the power of disposal in the monitoring system,accompanied by the practice of monitoring system reform.What has been produced has played an important role in the exercise of the power of supervision.This paper systematically studies the generation,legality,operation procedure and use guarantee of the retention measures.From the research results,the use of the retention measures has become a relatively complete operation system,but there are still systems.Defects caused by incompleteness.First of all,the legality of the retention measures.The source of the measures can be found in the system of “two-way measures” used in the party and the “two-finger measures” used in the administrative system.The promulgation of the State Supervision Law marks the replacement of the “double-standard two-finger” by the lien,then the lien What is the legality of the measures compared to the two-way two fingers? Judging from the authorization and legislation of the National People's Congress,the lien measures are more legitimate than the previous two-legged two-finger.When demonstrating the legality of the lien measures,they should be explained in terms of political sovereignty,human rights utilitarian ideas,and elite ideas.The legality of the measures.Secondly,the principle of the retention measure,that is,the principle of thinking about the use of the retention measure as a guide.Through the study of the indwelling operation system,the indwelling measures still have shortcomings in the operation process,but there is no matter how small,politics will always be perfected due to the development of the environment.Just like the rule of law,the rule of law cannot sacrifice politics because of the pursuit of political order.Freedom and lien measures should conform to the requirements of the times and constantly improve their own system defects.Under the party and government system,solve the principle problems that should be solved and solved in the operation system of the retention measures.At the social level,the retention measures should establish a complete system of retention and accountability based on the principle of defining political responsibility and responsible government;from the national level,establish the overall leadership of the party to the retention system to achieve the party's political,ideological and organizational Leadership.Thirdly,in terms of the operation of the retention measures,the central and local governments have different rules of use when using the retention measures.Although this reflects the characteristics of local autonomy,it also increases the uncertainty of the retention procedures.When studying the operational procedures of the retention measures,combined with the practical experience of the pilot areas and the theoretical discussions of the academic community,the procedures for using the retention measures can be attributed to the discovery and verification of the relevant case,the determination of the situation of adaptive retention,the approval of the retention measures,and the retention measures.in the supervision of retention measures,focus on the joint use of internal and external supervision,guarantee the personal rights and political freedom of the retained persons,and limit the use of the retention measures in an orderly political environment.The final problem is that the supervision of the retention measures is not enough,and the rights relief system of the retained personnel is not perfect.It is necessary and reasonable to establish a relevant national monitoring and compensation system.Under the social background of governing the country according to law,perfecting the compensation system for monitoring retention is to improve the rule of law system.The supervision of strengthening the retention measures should be improved from the two levels of internal supervision and external supervision.For the internal supervision of the retention measures,the academic research on administrative internal supervision can be used for reference.In external supervision,the supervision of the party and state organs should be strengthened.And social supervision,play the guiding role of the party in the social supervision level.