The Normative Form Of Legal Supervision Under The Background Of Power Structure Adjustment

In 2018,the reform of supervision system was completed,and China’s state power structure achieved a relatively large adjustment.In terms of the design of the system for supervising state power in accordance with the law,supervisory organs should be established on the basis of the power allocation of people’s congresses,administrative organs,procuratorates and judicial organs exercising relevant supervisory functions and powers in accordance with the law.The appearance of the specialized organs exercising the function of national supervision has changed the standard content and system design of legal supervision in the traditional broad sense,and the connotation and extension of legal supervision have gained new development.The legal supervision before the reform of supervision system emphasizes the combination of the internal supervision system of people’s congress,administration,procuratorial organs and judicial organs based on the division of power and cooperation of state organs,and the special supervision system based on the exercise of the narrow sense of legal supervision by procuratorial organs.In the sense of description,this kind of legal supervision system can be regarded as a legal supervision mode of "general specialization combined with general specialization".After the reform of supervision system was completed,the supervisory commission,as a specialized organ,exercised the national supervision function and supervised all public officials exercising public power,thus establishing a new type of legal supervision system.In terms of power allocation and standard design,China’s legal supervision has highlighted the trend of developing to the supervision of specialized agencies,that is,the legal supervision mode of "general and specialized supervision combined with general and specialized supervision dominated by general" has a trend of changing to the mode of "general and specialized supervision combined with specialized supervision dominated by general".The normative system of legal supervision is relatively large.The theory of legal supervision in narrow sense focuses on the normative and practical perspectives of constitution and the organic law of procuratorate.Under the background of power structure adjustment,this paper tries to the narrow sense as a legal supervision of procuratorial organ of legal supervision and supervisory authority supervision,analysis based on principles of power restriction and power collaboration and value orientation of legal supervision,system analysis in the specification and the practical level of the standardization of legal supervision system and power structure,This paper summarizes the system logic of legal supervision with Chinese characteristics and puts forward corresponding optimization suggestions on this basis.This paper argues that under the current power structure,based on the provisions of constitution,relevant organizational law and relevant laws,legal supervision should strengthen three functions to highlight the logic of the triple system of legal supervision,namely,power control supervision,accountability supervision and compound supervision.Power control supervision highlights the division of labor and coordination of state power and checks and balances;Accountability supervision stresses the punishment of acts of public power that violate laws;Compound supervision emphasizes the coordination between general internal supervision and special organs supervision.