| Since the reform of the supervision system,China has established an efficient and unified anti-corruption organization-the supervision organ,which is responsible for supervising,investigating and disposing of all public officials’ job-related violations and crimes.The constitution of the People’s Republic of China and the supervision law of the People’s Republic of China endow the supervisory organs with great power to investigate job-related crimes and authorize 12 investigation measures,which to a certain extent has effectively promoted the construction of the rule of law against corruption in China,but also exposed some problems,such as the abuse of supervisory power and the abuse of power for personal gain,which can be well confirmed by the data of discipline violations and crimes committed by supervisors in recent years,This has seriously affected the status and image of supervisory organs.Although the supervision and restriction mechanism of supervision power in China has a deep historical background and a long history of development,and has built an internal and external supervision mechanism.Internally,it performs its self-supervision duties by setting up a cadre supervision room,and externally,it has the supervision and restriction of power organs,judicial organs,public opinion and other subjects,but there are still some deficiencies and problems in this mechanism,such as the internal supervision of the cadre supervision room can not play an effective role,The supervision means and measures of external supervision subjects are empty and passive,and the problems are prominent.Therefore,it is necessary to improve the supervision and restriction mechanism of China’s supervision power,scientifically allocate internal and external supervision and restriction forces,further ensure and refine the supervision means of power organs,procuratorial organs and public opinion,and promote the scientific,standardized and effective operation of supervision power.This paper uses literature,cases,comparative analysis and other research methods to deeply analyze the difficulties and problems existing in the supervision and restriction mechanism of the supervision power under the current supervision system in China.By vertically analyzing the historical evolution of the supervision power in China and the historical reference significance of the supervision system in the Ming Dynasty,this paper horizontally compares the supervision and restriction mechanism of anti-corruption institutions in Hong Kong and overseas regions,and explores ways to improve the supervision and restriction mechanism of the supervision power in China,Further promote the development of China’s anti-corruption work to high quality.The framework of this paper is composed of introduction,text and conclusion.The text is divided into four parts:The first part,This paper summarizes the historical evolution of China’s supervision and restriction mechanism of supervision power,introduces its origin and development process,and the content of China’s supervision and restriction mechanism of supervision power in various periods,and then summarizes the universal characteristics and inheritance significance in the development of China’s supervision and restriction mechanism of supervision power.analyzes the data of discipline violations,violations and crimes of supervisors in China in recent years,analyzes the typical cases of violations and crimes of supervisors,discusses the practical problems faced by the supervision and restriction mechanism of supervision power and its causes,and further puts forward the necessity and urgency of improving the supervision and restriction mechanism of supervision power in China.The second part,analyzes the development,current situation and mode of the supervision and restriction mechanism of anti-corruption institutions in Chinese Hong Kong and foreign countries.With the Chinese Hong Kong Independent Commission against corruption system as the research focus,the British Administrative ombudsman system,the American independent prosecutor system and the Singapore corruption investigation bureau system as auxiliary research objects,it discusses the common characteristics and scientificity of the supervision and restriction mechanism of anti-corruption institutions in Chinese Hong Kong and foreign countries.The third part,Based on the research content of the second part,combined with the supervision and restriction mechanism of anti-corruption institutions in Chinese Hong Kong and foreign countries,and from the perspective of comparative law,this paper discusses the shortcomings of the supervision and restriction mechanism of supervision power in China,and makes an in-depth analysis from the two levels of internal supervision and external supervision.The fourth part,According to the shortcomings of the supervision and restriction mechanism of China’s supervisory power,we should further explore ways and methods to improve it,focusing on internal and external supervision,and put forward feasible specific means and measures while learning from the experience of Chinese Hong Kong and foreign countries. |
