Study On The Legislation Of The Organic Law Of The Supervisory Committee

The state carried out the reform of the supervisory system and established a supervisory committee,adding a "first committee" to the original state organ system.In the early stage of the reform of the supervisory system,there has been debate about the nature and status of the supervisory committee.After the Supervision Law and the amendments to the constitution were promulgated,the state gave confirmation of the nature and status of the supervisory committee.First of all,the Supervisory Commission is the country’s special anti-corruption agency.It is a new state agency and political organ,which is tied with the "one government and two houses" in terms of status.It is under the overall and specific leadership of the party,with a high degree of political nature,and the full-time exercise of the state’s supervisory power is dedicated.With the deepening of the reform of the supervisory system,the necessity of formulating the Organic Law of the Supervisory Committee has become increasingly prominent.The "Organizational Law of the Supervisory Committee" should be a constitutional law that specifically stipulates the composition and principles of activities of the Supervisory Committee.Under the leadership of the Constitution,a supervisory organization system can be established to ensure that the Supervisory Committee exercises its functions and powers in accordance with the law,and controls the supervisory organization and supervisory power.In the current law,there is no clear regulation on the internal organs of the Supervisory Committee and the exercise of specific powers.Legality will also be in doubt.If the Organization Law of the Supervisory Committee is not enacted,only the Supervision Law and the Regulations for the Implementation of the Supervisory Law are used to regulate the organization and exercise of powers of the Supervisory Committee,which does not conform to the statutory principle of organization,and does not match the status of the state agency of the Supervisory Committee.Leaving greater autonomy is not conducive to its management and supervision.The importance of the "Organization Law of the Supervisory Committee" is multifaceted.In practice,a large number of results produced by the reform of the supervision system need to be fixed in the form of laws and regulations.It is difficult for the three laws and regulations to fix all the results,so an "Organization Law of the Supervisory Committee" is needed to fix the results of the organic law;the party and the state propose to improve the supervision laws and regulations system.The "Organizational Law of the Supervisory Committee" concretizes,institutionalizes and legalizes the organizational work requirements of the Supervisory Committee by law,embodies more detailed requirements,and will further enrich the national supervisory laws and regulations.At the same time,how to supervise the supervisory committee legally and effectively is also an important issue in the process of exercising the supervisory power.A "high-ranking and powerful" national institution is also a supervisor in the country,and its supervision needs to be more detailed.Therefore,the formulation of an organizational law of the supervisory committee to regulate the exercise of power and institutional setting of the supervisory committee has become the best solution to complete this work.The significance of the organic law lies in perfecting the institutional setup and standardizing the authorization,so that the organization and operation of institutions are based on the law.The legitimacy of the supervisory committee has been preliminarily defined by the Constitution and the supervision law,but the reform of the supervisory system is still continuing,and corresponding adjustments will be made.At this stage,the Constitution and the supervision law can provide the basis for the supervision committee to carry out its work as soon as possible.However,many subsequent related issues such as institutional setup and optimization and the supervision committee’s own norms need to be regulated by law to avoid the future reform from deviating from the track of rule of law.After the status and nature of the Supervisory Committee were clarified,many scholars called for the establishment of the Supervisory Committee to be completed by the Organic Law of the Supervisory Committee,but the state first promulgated the Supervisory Law,which is a comprehensive code There are provisions for the Supervisory Committee and various aspects of supervisory work,but its nature is a different law from the Organic Law of the Supervisory Committee,and the two cannot be substituted for each other.The State’s first promulgation of the Supervision Law does not mean that the Organic Law of the Supervision Committee will not be formulated.The Supervision Law can ensure that the Supervision Commission will start its work as soon as possible after its establishment,reflecting the determination of the party and the state to fight corruption and uphold integrity.The Organic Law of the Committee does not do the job.After clarifying the necessity and value of formulating the "Organic Law of the Supervisory Committee" and the country’s legislative thinking,we should discuss how to formulate the "Organic Law of the Supervisory Committee".Legislative work is inseparable from the guidance of principles.In the process and content of formulating the Organic Law of the Supervisory Committee,we must first adhere to the basic principles of legislation,namely,Party leadership,scientific legislation,democratic legislation,and law-based legislation;secondly,we must reasonably avoid other organizations.Some problems exposed in the process of law formulation,adhere to the principle of refining the content of supervision laws in the process of formulating the "Organization Law of the Supervisory Committee";and then use the principles of the Administrative Organization Law to establish the principle of organizational efficiency during the formulation process,so as to ensure that the Supervisory Committee is as much as possible.Work efficiently and cost-effectively.The last is the research on how to formulate the "Organization Law of the Supervisory Committee".First,we must clarify the legislative thinking,based on the top-level design of the supervision system reform,with the goal of ensuring the smooth progress of the reform,and not violating the original intention of the reform;Learn from the previous experience and lessons of our country in formulating the organic law,and build a more complete "Organization Law of the Supervisory Committee";Organically combining my country’s national conditions,we will take the road of reforming the supervision system with Chinese characteristics.Regarding the legislative concept of the "Organic Law of the Supervisory Committee",it is mainly to combine the construction principles and ideas mentioned above,and how to integrate the principled norms into all aspects of the "Organic Law of the Supervisory Committee" to form the legislative concept and legislative opinion draft..