Research On Independent Operation Of Supervision Power

Before the reform of the national supervision system,in the restriction and supervision of public power,China implemented a pluralistic supervision system consisting of the supervision of the National People’s Congress,judicial supervision,administrative supervision and social supervision.However,there are many drawbacks in this pluralistic supervision body,such as scattered supervision resources and independent supervision.In essence,the reform of the supervision system is a reconfiguration of the power of state supervision.The functions of administrative supervision,post investigation of procuratorates and corruption prevention have been re-integrated into the supervisory committee,realizing the "full coverage" of state supervision,forming a "dual" supervision system of supervision of state organs and staff of state organs under the people’s congress system,constructing a new political structure of "one government,one commission and two houses",and raising the supervision function to the national level.In 2018,the Constitutional Amendment and the Supervision Law clearly stipulate that the supervisory organs independently exercise the supervisory power according to law,which provides a legal basis for the independent exercise of the supervisory power.Anti-corruption can’t "control water in Kowloon",and building an authoritative,efficient,centralized and unified anti-corruption organization is one of the goals of this supervision system reform.As a special anti-corruption organ,the supervisory committee is produced by the National People’s Congress.By adopting the way of co-location of the Commission for Discipline Inspection under the unified leadership of the Party,it runs through discipline and law enforcement and brings together anti-corruption efforts.Under the principle that the Party is in charge of everything and the people’s congress system,the independence of supervisory power is relative.Besides following the relevant provisions of the Constitution and laws,the exercise of supervisory power must accept the leadership of the Party and the supervision of the National People’s Congress.The scope of supervision by supervisory organs includes not only the violation of discipline by party members,but also the duty violations and duty crimes of public officials.After the reform of the supervision system,the supervisory committee enjoys the "anti-corruption investigation power" which integrates the investigation power of party discipline and political discipline with criminal investigation.According to the different situations of the investigated person,such as violating party discipline,violating laws and regulations,and being suspected of duty crimes,the Commission for Discipline Inspection will impose disciplinary sanctions,and the supervisory committee will impose administrative sanctions and transfer them to the procuratorate for examination and prosecution.Therefore,in order to give full play to the supervisory efficiency,the supervisory organs can not be separated from the connection with the administrative organs and judicial organs,and follow the principles of restriction and cooperation and division of labor and cooperation in their relations with various organs.At present,the operation of supervision power is still in its initial stage,and many problems need to be improved in the process of operation.As the replacement of "double regulations",the standardization of lien needs to be further strengthened;The protection of human rights in the investigation process also needs to be solved;The advantages of supervisory organs in political and legal status easily lead to the situation of "supervision first".At present,the power of supervision is heavy,and the lack of power of supervision and restriction will inevitably lead to corruption,which is also true for the power of supervision.In order to avoid the power of supervision becoming the source of corruption,we can give full play to the existing supervision system,strengthen the supervision of the supervision organs and prevent the reform of the supervision system from going too far.