| To study the question of the complainant’s right of appeal in the supervisory procedure is to analyze the status of the exercise of the right of appeal in the supervisory procedure,analyze the deficiencies in it,find a way to improve the rights remedy system of the respondent,clarify the boundaries of the supervisory authority,and thus advance The improvement of the supervision system.Fundamentally,by adhering to the principle and spirit of respecting the protection of the basic rights and interests of citizens in my country,and insisting on providing strong safeguards,the authority of the national supervisory authority is demonstrated,and the effectiveness of the national supervisory authority is stabilized.The introduction of this article mainly introduces the origin and research purpose of the selected topic,and analyzes and summarizes the valuable research results at home and abroad.The body of this article consists of five parts.The first part is the analysis of the basic theory of the right of appeal in the supervision procedure.Clarified the general development of the right of appeal in my country’s legal system,and then distinguished the right of appeal in the supervisory procedure from the procedural law,administrative supervision law and civil servant law in order to define the research direction of this article.The second part is to analyze the provisions of the right of appeal in the supervisory law,including the subject of the complaint in the supervisory procedure,the rights of the complainant in the supervisory procedure,the scope of the complaint in the supervisory procedure and the main procedures for accepting complaints in the supervisory procedure.The third part finds the shortcomings of the relevant provisions of China’s Supervision Law on the right of appeal in the supervision procedure based on the relevant content of the right of appeal under the Supervision Law,which mainly existsthe substantiveness of the power of review,organizational independence,rights and obligations of the appeal acceptance organ The regulations are unclear;the main procedures for accepting complaints are simple and sloppy;there are three major aspects of supervision and relief for the appeal decision.The fourth part is to find out the common characteristics of the construction of the appeal right by understanding and reviewing the development process of the foreign appeal system,so as to provide a full reference for the improvement of the complainant’s appeal right in my country’s supervision procedure.The fifth part is to put forward the idea of protecting the lawful rights and interests of the person under investigation,from the three aspects of clarifying the substantive provisions of the right of appeal in the Supervision Law,establishing procedural provisions for the operation of the right of appeal in the Supervision Law,and improving the relevant supervision and relief mechanisms.Demonstrate the authority of the national supervisory authority and consolidate the effectiveness of the national supervisory authority. |
