The Research On The Right To Establish Supervision Regulations

Since the Standing Committee of the National People’s Congress authorized the National Supervisory Commission to formulate supervisory laws and regulations by decision,supervisory laws and regulations have officially become a part of the legal sources of Our country.The empowerment by "Decision" is based on certain practical basis and theoretical factors,but at the same time,it is also faced with the questioning of authorization form and content,and there is a question of legitimacy.In constitution and Legislation Law,it is necessary to bring the supervisory power into our legislative system to remedy the defect of legitimacy.From the macroscopic point of view,we can get a glimpse of the structure-functionalism approach in the formation of China’s national legislative system by examining the formation and development process of China’s multi-layer legislation system.Under the premise of the authorization of the Constitution,the National Supervisory Commission has obtained the power of formulating supervision regulations based on the principle of functionalist power allocation,which constitutes the source of legitimacy of the allocation of the power of formulating supervision regulations.At the same time,functionalism also requires that National Supervisory Commission should be constantly improved based on its own structure characteristics such as joint office system and democratic centralism.In the middle view,the boundary of supervision regulations should be clarified,and the content of supervision regulations should be properly arranged.At the level of the content of the regulation,the basic system of supervision regulations is constructed,which consists of supervision organization regulations,supervision entity regulations and supervision procedure regulations.In terms of legislative authority,the legislative model and scope of application of supervision regulations should be clarified in terms of implementation,creation and authorization.At the same time,supervisory interpretation still has positive significance,and it is still irreplaceable as a remedy for the legislative function.On the micro level,the exercise of the right to make supervisory laws and regulations not only needs to follow the general legislative principles,such as the principle of constitutional legislation and legal reservation,but also should conform to the corresponding legal principles derived from its own nature and characteristics,such as the principle of discipline inspection and supervision.In terms of specific formulation procedures,it is similar to the formulation procedures of administrative regulations in the Regulations on Procedures for the formulation of Administrative regulations,adding individual factors into the specific process of supervision regulations,and gradually building a standardized and systematic supervision regulations formulation procedures.Any power should be supervised.The construction of a perfect supervision and examination mechanism,including the supervision of the Party,the supervision of the National People’s Congress and its Standing Committee,and the social supervision,plays an important role in standardizing the exercise of the right to make supervisory laws and regulations and guaranteeing the quality of supervisory laws and regulations.