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Research On The System Of Administrative Sanctions

Posted on:2020-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:J S HuFull Text:PDF
GTID:2436330572993422Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Since the 19th Communist Party of China National Congress convened,the implementation of important national basic strategies are further deepening,such as ruling the country in accordance with the law and comprehensively administering the party strictly.The reform of the national supervision system undertake the task of concentrating anti-corruption resources,establishing a unified and efficient national monitoring system,and building a long-term mechanism for combating corruption.As an important power of the country's supervisory organs--supervisory committee,the power of supervisory punishment undertake the responsibility for supervising disciplinary violations in the exercise of public power.The establishment of national supervision system and government punishment system,both are huge innovations for the country's power supervision system and the public power operation system.The specific details of the system deserve to be studied in depth.Most countries and regions in the world Committed to consider how to supervise,discipline and prevent corruption of public officials.In this field,Swedish parliament ombudsman system,British administrative ombudsman System and French mediator system and Hong Kong ICAC of China have far-reaching effects.the power of supervisory punishment rooted in the socialist rule of law system with Chinese characteristics.Its living soil and development environment have distinct socialist characteristics.Therefore,the power of supervisory punishment should learns on advanced experience,and bases on the practice of socialist rule of law to seeking a development path suited to China's national conditions.The theoretical basis for the establishment of the power of supervisory punishment.Montesquieu said:"All people with power are prone to abuse of power.",so supervision is always with power.Nature of the power of supervisory punishment is supervisory power.It is authorized by the state powers of representatives of the people's congresses at all levels.Supervision of The power of supervisory punishment to public officials who exercising public powers,representing state power to supervise all acts of exercising public power.It belongs to external supervision and is more impartial than internal supervision.The supervisory organs and the party's disciplinary inspection agency co-operate to work,which is reflecting the coordination of party leadership and state supervision.As the power of supervisory punishment is a huge innovation in the development of national politics and law,its institutional design and practical exploration should strengthen the rule of law belief,steadily build,and proceed cautiously.The initial system established by country needs to be further improved in theoretical exploration and practical exploration.Now the power still have some difficulties in dealing with the system design,the change cancellation procedure,and the implementation feedback mechanism.Its top-level legal norms are not exhaustive,and the working methods developed by each place are not unified.There is still a lack of judicial remedies and specific provisions for state compensation.To ensure that the power of supervisory punishment functions fully and effectively,its power coordination system design,error correction procedures,judicial relief systems,and legal norms coordination should be concerned.
Keywords/Search Tags:The power of supervisory punishment, Supervisory power, Supervisory organs, Anti-corruption
PDF Full Text Request
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