Research On Supervision Compensation System

Under the background of the reform of the supervision system,the research on the supervision compensation system as an important part is put on the agenda.The construction of the supervision compensation system is not only an important part of the reform of the supervision system with Chinese characteristics,but also an essential part of the construction of the supervision system with Chinese characteristics.With the birth of new state power,it is necessary to consider how the new state power operates orderly.Supervision compensation can force the supervision behavior of the supervision organ to form reverse and promote the legal operation of the supervision behavior.It is a supervision mechanism matching with the supervision power.In addition,supervisory compensation can provide relief to citizens whose legitimate rights and interests are damaged,which is also of great significance for their human rights protection.At present,there is a lack of systematic provisions for supervision compensation,only part of the law provides for supervision compensation in principle.In accordance with the relevant provisions of Article 67 of Monitoring law,State compensation shall be provided for violations committed by the supervisory organs and their internal personnel.However,this provision is only a general principled provision.The principles,procedures,scope and other specific contents of the monitoring compensation are not stipulated in the monitoring law,and there are no specific provisions in the current national compensation system.Although article 67 of Monitoring law was interpreted by the State Commission for Discipline Inspection of the Central Committee of the People ’s Republic of China in the later period and the conditions for the supervisory organs to assume the responsibility for supervisory compensation were elaborated,these general provisions did not present in detail the specific composition of the content of supervisory compensation.In addition,although the study of supervision compensation has formed some theoretical research,but the lack of overall grasp of the idea of supervision compensation system,research space is huge.This paper studies the supervision compensation system through literature research,normative analysis and comparative research.The main contents are divided into introduction,text and conclusion.The introduction part introduces the research background,domestic research status,research ideas,innovation and research methods of this paper.The main body is divided into three parts:basic theory,empirical analysis and specific design.The conclusion part of the supervision compensation system construction prospect and important points of view.In the basic theory part of the first studies the nature of the supervisory power,and then explores the concept and properties of supervisory compensation based on the analysis of the positioning of the supervisory committee.Next,it elaborates the theoretical basis of the research on supervisory compensation,and finally elaborates the practical and theoretical value of the research on supervisory compensation.In the empirical research part,through the analysis of the quantity and content of the existing legal norms of supervisory compensation,the empirical research on supervisory compensation is carried out to grasp the current status and shortcomings of the legislative work of supervisory compensation.At the same time,the legislative problems of supervisory compensation are also considered,that is,the need to build an independent supervisory compensation system and the path selection of the construction of the supervisory compensation system.Based on the special nature of the supervisory power and the supervisory organs,after analyzing and studying the connection among supervisory compensation,administrative compensation and criminal compensation,as well as the conflicts among the three in practical application,it can be seen that it is feasible to establish a special chapter of supervisory compensation under National Compensation Act and create an independent supervisory compensation system for specific provisions.Through the above empirical analysis,in order to legal practice on the level of supervisory compensation for more in-depth understanding.The third part is the specific system design of supervision compensation.Firstly,the principle of liability fixation of supervisory compensation is selected and discussed.The discussion of the principle of liability fixation of supervisory compensation should be based on the study of the principle of liability fixation of state compensation.The principle of multiple liability fixation should be adopted in supervisory compensation.In general supervision,investigation and disposal of supervisory acts,the principle of liability fixation of illegality and fault should be used together,and the principle of liability fixation of results should be applied to the detention behavior that limits personal freedom and the disposal behavior that suspects are transferred to the procuratorate for prosecution.Secondly,the scope of supervisory compensation is designed.In order to ensure the effective connection between supervisory compensation and state compensation,the scope of criminal compensation and administrative compensation is considered and referenced,and the scope of supervisory compensation is designed After the way and standard of supervision and compensation are described,followed by the supervision of compensation claimants and compensation obligations to confirm the problem of thinking design,mainly from the investigation and disposal of supervision behavior.The last part is the program design of monitoring compensation,which mainly includes pre-processing,higher-level review procedure,final relief and the supervision procedure of the procuratorate.The research on the supervision compensation system is the need of further deepening the reform of the supervision system.