Administrative Supervision System in China

宋亞濤

Abstract：Whether the administrative organs and their staffs are subject to administration according to law is related to the long-term stability of the country and society. Our administrative supervision is basically suitable for Chinese national conditions， but also achieved considerable results， but the system is not perfect， there are still areas to be improved.

Key words：Administrative supe

（A） The status of administrative supervision system in China

"It is an experience that is easy for all who have power，" Montesquieu， a French enlightened thinker of the 18th century， said.[1] From this sentence can be seen， power， no matter what kind of social system， if not to be restricted， it will lose control， to bring serious harm to society.

Chinese administrative supervision came into being during the founding of the People's Republic of China. With the development of reform and opening-up， China has formed an administrative supervision system with Chinese characteristics that adapts to Chinese national conditions. The supervision system includes external supervision and internal supervision. External supervision refers to the supervision of the administrative organs and their staffs. The internal supervision can be divided into special supervision and non-specialized supervision. Internal special supervision， mainly refers to the government-specific supervision agencies to implement the administrative supervision and various professional administrative supervision.

（B） Of our administrative supervision system problems

Overall， our administrative supervision system is more comprehensive， systematic and effective， is compatible with Chinese national conditions， but does not indicate that the system is perfect. The system in the implementation of the exposed significant shortcomings and deficiencies， specifically in the following areas：

First， from the overall point of view， the monitoring force is to achieve a diversified development， but the lack of integration. As the main body of Chinese administrative supervision and more ways， if not able to integrate these good， not only can not achieve the desired results and objectives， may be counterproductive.

Second， the degree of legalization of administrative supervision is low， the supervision standard is not clear. The legislation of administrative supervision is the premise and guarantee of establishing and perfecting the administrative supervision mechanism. The subject of supervision exercising its supervisory power and carrying out its functions and powers must be based on the law and the legal basis. If there is no administrative supervision legislation， the exercise of supervision power will lack legal basis.[2]

Third， the supervision system is not sound enough. It is the performance of a sound supervisory system that the supervisory authority has its due independence and status. In the process of supervision， to be interlocking， orderly operation， otherwise it will affect the authority of the administrative supervision. In this dual leadership system， the internal supervision institutions are more constrained， and it is difficult to realize the supervision right from the angle of the whole society and from the whole society. In the process of handling cases， they are easily affected by the interference of the leaders， thus affecting the development of the cases. Independence.[3]

Fourthly， the supervision of administration emphasizes the supervision of ex post punishment， ignoring the pre-supervised supervision and the procedural supervision. For a long time， Chinese supervision ignored the prevention and control of things in advance， more emphasis on the post-disciplinary supervision， resulting in excessive administrative acts of negligence， so that the administrative supervision agencies are busy dealing with "correcting errors" Into a passive negative situation.

（C） Reform and improve administrative supervision system in China

1. Overall coordination should be strengthened to give full play to overall monitoring effectiveness. In the current political life， Chinese supervision institutions are scattered， can not be interlocking， coherent. Therefore， a clear division of the functions and responsibilities of various oversight mechanisms， the formation of hierarchical management， define the various levels of authority， to play the initiative and the initiative of the supervision mechanism to promote the overall supervision system and development.

2. Strengthen the administrative supervision legislation， to achieve the legal system of the administrative supervision system. At present， Chinese administrative supervision and regulation is imperfect， lack of practical operability， so the first priority is to promote the process of administrative oversight legislation， for different issues， develop different feasible， operational and effective Laws and regulations， clear implementation procedures， strict accountability measures.

3. Reform the dual leadership system of administrative supervision， and establish a vertical leadership system of administrative supervision. The Standing Committee of the National People's Congress （NPCSC） is responsible for setting up a local supervisory organ at all levels under the supervision of the Supreme People's Congress （NPCSC） and the Supreme People's Congress （NPCSC）. ， By the local people's congresses at all levels （standing committee） and higher supervision bodies of the dual leadership.

4. Innovation-level monitoring mechanism， and strengthen the higher-level administrative organs of the lower administrative oversight. In the organization and implementation of laws and regulations at all levels of government has an important role in their own departments and subordinate government administrative activities of the level of supervision also has an inescapable responsibility.[4]

5. To enhance the openness and transparency of the administrative actions of administrative organs， and to strengthen the external supervision of the society and the news media.

References

[1] Montesquieu： "On the Spirit of Law" （on）， Beijing， Business Library，1961.

[2] Lu Jiaji： "perfecting our administrative supervision system"， Renmin University of China， 1996 the fourth period.

[3] Wang Meifang： "Public Opinion Supervision and Social Justice"， Wuhan， Wuhan University Press，2005.

[4] Tang Wei， Sun Jiping， "Outline of Legal Supervision"， Beijing： Peking University Press， 2001.