Research On The Supervision And Restriction Mechanism Of Supervision Power

At present,the establishment of the supervisory organs has enabled the supervisory power to be concentrated and become a unique state power in China.The supervisory power belongs to the major authority of the nation,and the scope of its supervision and the degree of supervision are unprecedented.But at the same time,the weight of power also brings new major challenges to the standard operation of the supervisory power.On the one hand,the strong responsibility and missions of the anti-corruption by operation of law granted by the party and the people require that the further standardization and legalization of operation of the supervisory power;On the other hand,due to the imperfection and immature of supervisory and regulatory mechanism which ensure the standardized operation of the supervisory power,and the existing mechanism of the supervisory power cannot fully guarantee the standardization and legalization of the supervisory power.Throughout the pilot work of the supervisory organs and the practice and operation after the formal promulgation of the supervision law,it is concluded that there exist a lack of credibility of the operation of China’s supervisory power in its own supervision,and insufficient supervision by the NPC and other state organs.As an independent anti-corruption organ,the supervisory organ is equipped with a supervisory and regulatory mechanism that commensurate with its power,which is the correct setting to ensure the sound and stable operation of the supervisory power in mutual restraint.In the background,the establishment of appropriate supervisory and regulatory mechanism for supervisory organ is the key question and a necessary requirement of building socialism system of law with Chinese characteristics.The first part of this article introduces the meaning and operation mode of the supervisory organ and the supervisory power through the overview of the supervisory organ and the supervisory power.The second part analyzes that reason why the operation of the supervisory power requires supervision by other state organs and people’s organizations so as to ensure supervision according to norms of the law.At the same time,it analyzes the theoretical origins and realistic possibilities of effective supervision and restrain over the supervisory organs from other state organs and people’s organizations.The third part of the article analyzes the status quo of the supervisory and regulatory organs,including the insufficient self-supervising credibility of supervisory organs and the staff members,the flaw in the supervisors’ self-monitoring credibility,and the supervision is not in place when other state organs supervise the supervisory organ.The fourth part of the article introduces the advanced system of the Hong Kong Independent Commission Against Corruption and the Swedish Ombudsman to provide advanced experience and reference for the supervision of China’s supervisory organs and the exercise of supervision.The suggestions are made from two aspects: internal supervision and external supervision to strive to form a feasible supervisory and regulatory pattern.Through the restrained procedure of entity of the supervisory organ,it constructs a new type of supervisory authority relations with supervisory organ,procurator organ,and court,forming an differential internal and external,crisscrossing effective restraint mechanism.By proposing a scientific supervision system to improve the recommendations,and constructing an effective supervisory and regulatory mechanism,the supervisory authority is truly "caged to the system",which is also a policy to ensure that it operates correctly on the track of the rule of law.By analyzing the Hong Kong Independent Commission Against Corruption and the Swedish Ombudsman system,we can further improve the supervisory and regulatory mechanism of China’s supervisory authority.First,we must focus on building a scientific and effective self-monitoring supervisory and regulatory mechanism for supervisory power.This is determined by capacity of the self-purification,self-perfect,self-innovation and self-improvement of the China Communist Party.Secondly,it must be ensured that the supervisory power operates under the absolute leadership of the party.The extremely crucial part is the necessary to further strengthen the party’s overall leadership and control over the supervision authority.In addition,it is necessary to vigorously develop the people’s democratic supervision system while construct a judicial supervision mechanism that adapts to the standardized operation of supervisory power at the same time.