On The Supervision Authority Of The Post Of The Supervisory Committee

In order to carry out the anti-corruption work to the end and realize the full penetration of supervision,China has established the supervision post system.Articles12 and 13 of the supervision law prescribe the posts of supervisory organs,which makes the generation,power allocation and operation of posts of the supervision committee have legal basis.However,the provisions of this law are principled and do not regulate the scope,attribute and specific operation mode of its power.Moreover,as a kind of "post" unit of the supervisory committee,the power of the post of the supervisory committee comes from the authorization of the supervisory committee,not from the legal authorization.This kind of power is a kind of internal authorization,which contains a kind of basic authorization and specific authorization;this kind of power exists in the internal system of the supervisory committee,which is different from the first level supervisory organ,and cannot replace the authority of the unit in which it resides;the operation of this kind of power has its own independence.However,in the exercise of its functions and powers and on the premise of ensuring its independence,the post of the Supervisory Commission should take "work needs" as the substantive condition,avoid direct or indirect interference in the work of state organs and affect the power operation of other state organs.Therefore,this paper discusses the authority of the JISC post from the following aspects.The introduction of this paper,mainly through the review of scholars’ research on the supervision system since the reform of the supervision system,leads to the lack of in-depth research on the issue of the post of the Supervision Commission,so as to determine the core research points of this paper.The first part of the main body of this paper mainly discusses the characteristics of supervisory power of the post of the supervisory committee.Because of the subordination relationship between the supervisory committee and the supervisory post,the authorization of the supervisory committee to the supervisory committee post is the internal affairs of the supervisory organ,the internal affairs,not the external affairs.This kind of supervision authorization is partial authorization,not comprehensive authorization;it is a specific authorization,and it is a kind of nature of "granting",not a way of "stripping and transferring".When the supervisory committee authorizes the post of the supervisory committee,firstly,it should take the permission provisions of the supervisory law as the premise and should not expand the supervision object;secondly,it can distinguish the content and nature of the power,and generally authorize the basic power of the post of the supervisory committee,such as: supervise,put forward corresponding supervision suggestions,and temporarily authorize the non basic power Power,such as: assisting in investigation;third,the authorized content of the supervisory committee should,on the premise of ensuring the full exercise of the supervisory power,avoid excessive expansion,suppress the power of the supervision object,and hinder the independent exercise of the power of the supervision object.The second part of the main body of this paper mainly analyzes the power content of the post of the supervisory committee.The power of the post of the supervisory committee comes from the authorization of the supervisory committee,and its power composition is not the same as that of the supervisory committee.The power of the post of the supervisory committee to supervise and propose supervision suggestions to public officials,the power of investigation and the power of disposition shall be subject to the supervisory committeeThe restriction of the meeting should not be too much to interfere with the functions and powers of the units in which they are stationed.Authorizing the information collection right of the post of the supervision commission can give full play to its role of "probe" and promote the centralized exercise of the supervision right.The third part of the main body of this paper mainly analyzes the power restriction of the post of the supervisory committee.The author thinks that the post of the supervisory committee has no right to supervise other state organs,but it should exercise limited supervision power to the deputies of the National People’s Congress.At the same time,the posts of the Supervisory Commission are restricted by special procedures when exercising their powers.The fourth part of the main body of this paper puts forward the predicament of the post of the supervisory committee in the practice,and puts forward the relevant suggestions to solve the dilemma of the post of the supervisory committee.