Research On The Internal And External Supervision And Restriction Mechanism Of The Supervision Committee

On March 20,2018,the "Supervision Law of the People’s Republic of China"(hereinafter referred to as the "Supervision Law")was passed and implemented at the first meeting of the 13 th National People’s Congress,opening a new chapter in the rule of law and anti-corruption in my country.The formulation of special supervision laws is an important measure of national anti-corruption legislation,an important practice for comprehensively advancing the rule of law,and an indispensable part of advancing the modernization of the national governance system and governance capabilities.Since the establishment of the supervision committees at all levels,the supervision committees have performed their duties of supervision,investigation and disposal in accordance with the law,and have achieved important results in anti-corruption under the rule of law,demonstrating the immense power of the supervision committees.However,as the reform of the national supervisory system continues to deepen,the supervisory committee has obtained the same legal status as the administrative and judicial organs.In particular,the supervisory committee and the party’s discipline inspection committee work together.The supervisory committee can supervise Article 15 of the Supervisory Law in accordance with the law.The number of public officials and related personnel to be monitored has increased sharply,and the legal status of the power of supervision has been further improved.The Supervisory Committee can easily form a "super organ" that may surpass any state agency,which has caused people to worry about the abuse of the power of supervision.The "Supervision Law" sets out principles for the internal supervision and restriction mechanism of the Supervisory Committee,but the legal system supporting the "Supervision Law" at this stage is not perfect.There is a gap in the internal self-monitoring of the Supervisory Committee.In supervisory committees typical cases of "blackness under the lights" occur from time to time.The question of "who will supervise the supervisor" has aroused extensive discussion in the whole society and academia.According to the current regulations,the supervisory committee generally has a cadre supervision room,but the disadvantages of this type of supervision or self-supervision are also obvious.The effect of the same supervision is often weakened by the influence of social customs and the habitual influence of the world.There are also problems of imperfect legislation and unclear powers and responsibilities that have caused the departments and agencies that specifically perform supervision to repeatedly enforce the law or scramble to shirk their excuses.Therefore,the internal supervision and control mechanism of the Supervisory Committee needs to be refined and perfected,to clarify the boundaries of power and responsibility,to straighten out the responsibilities between internal institutions,and to carry out effective internal and external supervision of the Supervisory Committee should be the most important part of my country’s supervisory system reform.The most important.The internal supervision in this article refers to the self-supervision of the supervisory committee,and the external supervision refers to the leadership and supervision of the Communist Party of China,the supervision of the People’s Congress,the supervision of judicial supervision and the restriction of law enforcement agencies,democratic supervision,social supervision,and public opinion supervision.This article takes the internal and external supervision and control mechanism of the supervisory committee as the research object,and discusses it from four parts: one is to get a preliminary understanding of the internal and external supervision and control mechanism of the supervisory committee through the explanation of the relevant theories of the internal and external supervision and control mechanism of the supervisory committee;Existing laws and the situation found in the operation of the internal and external supervision and control mechanism of the Supervisory Committee,in-depth analysis of the current internal and external supervision and restriction mechanisms;the third is to learn from foreign countries and Hong Kong,China’s internal and external supervision legislation,summarize and draw from the rule of law Anti-corruption experience;fourth,on the basis of summarizing the experience in the reform of the supervisory system,propose methods to improve the supervisory cadre team’s own supervisory mechanism.The supervisory committee should not only strengthen internal supervision,but also fully integrate external supervision,and introduce measures such as the intervention of lawyers.To ensure that the supervisory committee correctly exercises its supervisory power.