Research On The Identification Of Supervisoryand Compensation Obligation Organs

Article 67 of the Supervision Law of the People’s Republic of China provides that "Where the exercise of powers by the supervisory organs and their staff infringes upon the lawful rights and interests of citizens,legal persons and other organizations and causes damage,state compensation shall be given in accordance with law." This article provides a normative basis for the supervisory compensation system,which is an important guarantee for safeguarding the legitimate rights and interests of citizens,urging supervisory organs to perform their duties in accordance with the law,and maintaining the authority of the supervisory system.The value and vitality of the system lies in the implementation,and the clear participation of the main body is the premise of opening the supervisory compensation procedure,and the responsibility of supervisory compensation belongs to the state,which is an abstract and broad concept,and the performer of the supervisory compensation obligation must be a specific and definite state organ,and in the supervisory compensation procedure,such instruments as the Approval Form for State Compensation Cases,the State Compensation Decision Letter,and the Application for Payment of State Compensation are required to be printed The name of the compensation obligation organ.When supervisory measures violate the legitimate rights and interests of citizens,legal persons and other organizations,there is a need for a clear organ to first handle the request for supervisory compensation,participate in the supervisory compensation review and appeal procedures,and implement supervisory compensation in accordance with the law,so the identification of the supervisory compensation obligation organ is the core issue of the supervisory compensation system.The monitoring compensation system is still in the initial stage of exploration,and only the Constitution,the State Compensation Law,the Supervision Law,and the Implementation Regulations of the Supervision Law are involved in the monitoring compensation system,among which only the Implementation Regulations of the Supervision Law issued in 2021 have made preliminary provisions on the determination of the organs obligated to compensate,and the determination of the organs obligated to compensate for monitoring lacks operability and practicability due to the lack of institutional supply.In addition,the current national compensation system only provides for administrative compensation and criminal compensation,while the supervisory organs are independent of the administrative organs and criminal judicial organs,coupled with the specificity and complexity of the operation system of supervisory power,there is a conflict of application in the direct application of administrative compensation or criminal compensation model for supervisory compensation.In the background of the normal operation of the supervisory power,the victims of the supervisory measures are still unable to seek relief from specific supervisory organs according to the existing regulations.This paper adopts normative analysis,comparative analysis,interdisciplinary analysis and other research methods to analyze the basic theoretical scope of the supervisory compensation obligation organs,summarize the special circumstances in the operation mechanism of supervisory power,and promote the specific determination of the supervisory compensation obligation with both universality and specificity.With reference to the rules for the determination of the state compensation obligation organs,we discuss the rules for the determination of the infringement of the supervisory organs alone and the joint infringement of the supervisory organs and other organs in two different situations,so as to achieve the purpose of in-depth analysis of the specific determination of the supervisory compensation obligation,promote the soundness and development of the supervisory compensation mechanism with a point,and then continuously The purpose is to promote the improvement and development of the supervisory compensation mechanism,and then to promote the systematization of the anti-corruption legislation centered on the Supervision Law.