Monitoring Recommendations From A Functional Perspective

According to Article 11 of the Supervision Law,the supervisory authority has the power to supervise,investigate and dispose of them.Based on the results of the supervision and investigation,the supervisory authority can make supervisory decisions and make recommendations for supervision.Since the reform of supervision,academic and practical circles have carried out extensive research on supervision-related content,but in general,there has been little research on supervision recommendations.As an important means of supervision authority,supervision suggestions can make up for the deficiencies of supervision decisions,extend the supervision tentacles of supervision organs,widen the supervision width,and truly realize the full coverage of supervision.The use of supervision recommendations has an important role in deepening the reform of the supervision system.However,due to the few legal provisions on supervision recommendations,only a few,and the lack of theoretical research,what are the supervision recommendations and what legal functions are there,The lack of systematic research on the use of supervision recommendations in practice is in line with the legal functions of supervision recommendations,and how to improve the problems exposed by supervision recommendations,which also leads to a lack of effective theoretical guidance in practice.This article is mainly divided into five parts to explain the above problems.The first part,as one of the measures to supervise the disposal right,supervision recommendations must have certain conditions for its application.It is not necessary that the recommendations made by the supervisory authority are supervision recommendations.Supervision recommendations are recommendations that have a certain legal effect to the units to be monitored according to law,based on the results of the supervision and investigation,based on the problems of integrity building and performance of duties of the units to be monitored.From its concept,we can know the characteristics of the supervision recommendations.The main body of the supervision recommendations is the supervisory authority.The supervision recommendations are the supervisory disposal right and have certain legal effects.Anti-corruption construction.In the second part,the supervision recommendations did not come out of thin air.The supervision recommendations have undergone a long-term development process.Through thereview of the supervision recommendations from the Nanjing National Government to the present,they have the following characteristics: The transition from administrative supervision to state supervision;the authority of supervisory authorities has been expanding;the effectiveness of supervisory recommendations has gradually increased;supervisory recommendations are the statutory powers of supervisory authorities,and their duties are more specialized.The third part,the supervision suggestions are divided into standard functions and practical functions.The standard function is reflected in the text of the legal article itself.The standard function of supervision recommendations is mainly the supervision function,error correction function,and rectification function,which can be further integrated into the supervision function and prevention function of supervision recommendations.In order to prevent the abuse of supervision recommendations and become general supervision measures,the supervision recommendations should be differentiated in practical application,and the preventive function of supervision recommendations should be used with caution.The practical function is that it is manifested in practical application besides the legal provisions.The concrete manifestations include extending the supervision tentacles,making up for the shortcomings of supervision decisions,achieving full supervision coverage,and building supervision authority.The fourth part focuses on the application of supervision recommendations in practice,and the application of supervision recommendations deviates from its standard function.The main manifestations are that the formulation of supervision recommendations goes beyond the authority of the supervisory authority,the two-level differentiation of the legal effects of supervision recommendations,and the irregular use of supervision recommendations.The reason is that the supervision recommendations lack effective legal procedures and regulations,the positioning of the supervision organs themselves,and the insufficient supply of legal norms.The fifth part puts forward individual perfect suggestions for the performance of the monitoring suggestions in practice.The alienation of inspection recommendations is due to the lack of effective procedural regulations.Therefore,the procedures for the formulation of inspection recommendations,the issuance of inspection recommendations,the delivery of inspection recommendations,and objections can be used to improve the procedures of inspection recommendations,thereby preventing the alienation of the function of inspectionrecommendations.The guarantee of the effectiveness of supervision recommendations should focus on the supervisory authority and the proposed unit,and set up a supervision system based on the rights and obligations of both parties.The irregularity of the monitoring proposal should strengthen the system construction of the monitoring proposal.