| The reformation of the national supervisory system has established new supervisory organs to exercise the national supervisory power in a unified way,aiming at supervising all public officials who exercise public power.However,as for the scope of supervisory objects of supervisory organs,although Articles 3 and 15 of the Supervisory Law of the People’s Republic of China(hereinafter referred to as the Supervisory Law)have been stipulated,there are still two problems.On the one hand,it is difficult to cover all supervisory objects by enumeration alone.On the other hand,only the scope of the first category of personnel listed in the Supervision Law is not controversial,while the other five categories of objects are not clearly defined in the Supervision Law.Therefore,there is still confusion about the criteria for the identification of the object of supervision by the supervisory organs both in the theoretical and practical circles.Based on the Supervision Law and the Regulations on the Implementation of the Supervision Law of the People’s Republic of China(hereinafter referred to as the Regulations on the Implementation of the Supervision Law)and other laws and regulations,this thesis studies the identification of supervisory objects by supervisory organs.In addition to the introduction,this thesis consists of four parts.In the first part,the emergence of supervisory organs,the definition and content of supervisory power are elaborated.On this basis,the connotation of supervisory objects of supervisory organs,and the concepts of ‘state functionaries’ and ‘other persons involved in cases’ are discriminated,and the connotation and extension of supervisory objects of supervisory organs are clearly understood.In the second part,through the elaboration of the national public power and the social public power,the professional power and the duty power,the labor service entrustment and the public service entrustment,this thesis finds out that in the supervision practice there exist problems such as the public power and social public power,the professional power and the duty power,and the labor service entrusting and the public service entrustments are confused with each other,and the units where the object of supervision is located and other personnel involved in the case are not clearly identified.In the third part,the identification of the object of supervision in the different historical periods of our country and that in Sweden,in the United States and in the region of Chinese Hong Kong in our country are analyzed.Based on the experience of different historical periods of China’s identification of the object of supervision,‘the statutory principle’,‘dynamic principle’ and ‘full coverage principle of supervision’are put forward.On the basis of the experience of Sweden,the United States and Hong Kong,this thesis puts forward some suggestions,such as extending the scope of supervisory objects to the social field and listing the objects that have no right to supervise,which provides references for the identification of supervisory objects in China’s supervisory organs.In the fourth part,this thesis points out that the subject who exercises social public power,the subject who exercises professional power,and the object of labor service entrustment should not be included in the object of supervision.Specifically speaking,this thesis argues that in the identification of the administrative personnel of mass autonomous organizations,the subject engaged in collective internal affairs management should be excluded;in the identification of the administrative personnel of public institutions,the subject who exercises professional power should be excluded;in the identification of the subjects who are entrusted with public service,the situation of labor entrustment should be excluded.Starting from the connotation of the core element of public power,the criteria for identifying other persons who perform public duties according to law are clarified.At the same time,whether special subjects such as units and other personnel involved in cases become the object of supervision are also analyzed in-depth in this thesis. |
