Research On Functions Of The State Council’s Inspection In China’s Rule Of Law

The general supervision of The State Council is a comprehensive supervision and inspection activity carried out by The State Council in accordance with the Regulations on The Work of Government Supervision,aiming at the implementation of the decisions and arrangements of the CPC Central Committee and The State Council and the overall performance of duties according to law by ministries,commissions and local governments at all levels.It is the highest level,most effective and most authoritative administrative supervision within the administrative system,and an important part of the administrative supervision system.Different from ordinary administrative supervision,the rule of law function of The State Council’s general supervision is stepped.The primary function is the embodiment of administrative self-control,which is shown as the correction of individual cases and the control of internal malpractices of the administrative system.The middle-order function is that the chief inspector normalizes the abstract administrative acts of the subordinate administrative organs in the process of exercising the primary function,and in fact maintains the unity of socialist rule of law.The high-level function is to comprehensively examine and promote the implementation of some major decisions and arrangements of the Party Central Committee on economic and social development,practice the principle of overall leadership of the Party stipulated in the current Constitution,and play the function of constitutional governance and maintenance of the great supervision.The construction of a government under the rule of law requires the coordination of external control and administrative self-restraint,and finally forms a "resultant force" to control administrative power.The theory of administrative self-restraint,the theory of responsible government and the theory of government under the rule of law provide the foundation and support for the rule of law function of The State Council’s general supervision in theory.To study the rule of law function of The State Council’s chief inspector,we need to explore the development of the rule of law function of The State Council’s chief inspector in practice.At present,the supervision of the State Council after eight years of time,the correct and control function "homemade" effect is significant,inspection is found in a large number of questions asked local government supervision practice timely rectification,rectification in case directly,and the common problems of the typical problems around the bulletin,urged all localities departments to take,So as to realize the control of the whole administrative behavior within the administrative system;Moreover,in the practice of supervision,the Supervision group of The State Council urges administrative organs to timely revise and improve the normative documents formulated,which better maintains the unity,dignity and authority of the national legal system,reflecting that the exertion of its rule of law unification function is more focused on the formal rule of law elements that conflict between government documents and higher laws.In addition,The State Council’s supervision and maintenance function in practice is mainly to coordinate with other functions to ensure the smooth flow of political orders,so that the implementation of the CPC Central Committee’s decision-making and deployment has been significantly improved,and thus to achieve the purpose of maintaining constitutional order.At the same time,the supervision of the State Council of the rule of law function of play there are still some problems in practical use and short board,embodied in the correct and control function long-term mechanism is not sound,the rule of law,a unified focus imbalance and the maintenance function integration synergy with other function still exist information feedback is not comprehensive,cohesion is not smooth,Cause the three together did not play the expected effect.To optimize the supervision of the rule of law in practice play functions of the State Council,the first is based on the practical experience and the actual need to set up a sound long-term mechanism of the supervision of the State Council,about the big supervision under the State Council’s special work method or the rules and regulations and perfecting the supervision and other forces of cohesion coordination mechanism to establish and improve the long-standing mechanism to correct and control function,Secondly,insist on and strengthen the "legitimacy" of administrative normative documents review "appropriateness" to emphasize the rule of law unification function to form element and essential legal system,the last is to strengthen the governance of the xian maintenance function and other functions of financing cooperation to better protect and promote the function of the supervision of the State Council and the benign development,to the supervision of the State Council to achieve its real value.