张跃
青島大学
【Abstract】For a long time, anti-corruption system in our country has very little effect. Although anti-corruption system contains multiple departments, and lack of effective communication and coordination between anti-corruption agencies. There exists a surveillance coverage is not complete, and the supervision means are limited. So the supervisory system reform arises at this historic moment.
【Key words】the supervisory system; supervisory committee; reform
1. The supervisory system and existing problems
1.1 The supervisory system
Our party and country has been focus on anti-corruption for a long time. Since transparency international released the first CPI in 1995, the integrity scores of China has been lower, and in 2016, the integrity index of China is 40, is the 79th in the world. The current anti-corruption supervisory system chaos and the responsibility division of the agencies is not clear is the main cause of the lower effects of Chinas anti-corruption system.
At present, our country anti-corruption supervisory systems overall framework is: unified leadership of party committees, party and government manages concertedly, discipline inspection commission to organize and coordinate, departments undertake their own responsibilities, rely on the masses support and participate in. Our country anti-corruption supervisory system including: (1)the commission for discipline inspection at all levels;(2)all levels of anti corruption bureau;(3)the internal supervision of the administrative organ. Internal supervision of the administrative organs include two categories, first is superior to supervise the administrative organ at a lower level of supervision; second, it is administrative organ with the task of supervision function of organs, such as the supervision of the supervision of audit organs and administrative supervisory organs.
1.2 The supervisory systems problems
(1)Anti-corruption resources are scattered. As mentioned above, the anti-corruption system in our country present a diversified architecture, although ithas achieved certain results, but there are also many disadvantages. First, the diversification of monitoring objects exist under the architecture of cross areas, it leads to waste of resources of anti-corruption, and also there is a vacuum, failed to exercise of public power for all public officials to conduct a comprehensive coverage; Second, the anti-corruption supervisory system has high cost and low efficiency.
(2)The supervisory organ of personnel selection, property funds are subjected to local government, and it has a great effect on the anti-corruption agencys monitor the implementation and execution of corruption, and it leads to the supervisory organs lack of authority and independence.
2. The content of supervisory system reform
On November 7, 2016, the supervisory system reform plan was issued by the general office of the central committee of the communist party of China on the pilot. The content of the supervisory system reform is to set up the supervisory committee in three pilot of Beijing, Shanxi and Zhejiang, on order to integrate the resources and power of the anti-corruption, expand the scope of the inspection, and set up covering all the exercise of public power of the national public officials working mechanism against corruption under the unified leadership of the party, not corruption, not corruption, therefore to set up a effective mechanism that dare not rot, cant rot and dont want to rot.
2.1 Set up the supervisory committee
In this supervisory system reform, the function of the public prosecutors office(bureau)that belong to the pilot areas of the peoples government, bureau of corruption prevention and anti-corruption department of the procuratorate are integrated to the supervisory committee, and the supervisory committee also can exercise the auditing departments functions and powers.
2.2 The independence of the supervisory system reform
The supervisory system reform will lead to the “discipline inspection” ascend to the height of the “national supervision”, the supervisory committee is produced by the peoples congresses, is responsible to the National Peoples Congress, and report to the National Peoples Congress. The supervisory system reform make the supervisory organs be independent and separate from of “One Government Two Departments”, and the personnel, finance of the supervisory organs are not controlled by the government. So this reform will improve the judicial independence and authority.
2.3 The supervision of the object
In this supervisory system reform, the scope of supervisory is greatly extended, as long as it is supported by the national finance, whether they are civil servants or community groups are all included to scope of the national monitoring, thereby to implement the comprehensive cover of the exercise of public power of public officials.
2.4 The supervision means
The function positioning of the supervisory committee is: surveying, investigating and disposing, and the means of the supervisory committee is: conversing, interrogating and inquiry, the inquiring, freezing and obtaining, sealing up, detaining, searching, inspecting, identifying and monitoring means such as above.
3. The perfect supervision system reform
Supervisory system reform is ongoing, although the institutional setup, personnel selection and supervisory object have made a great progress, but there still have a lot of issues to work out.
3.1 protection of the legal system
We should enact and amend the current “constitution”, “the administrative inspection act” and “the criminal procedure law” and other relevant laws and regulations, to make the legal constitutional supervision system reform.
3.2 People Integration
Integrating the supervisory commission investigators to realize a complete coverage of the supervisory work, and increasing the number of front-line investigators, reducing the forces behind the allocation, to enhance strength and strength of anti-corruption work.
3.3 Perfect the supervision of supervisory committee
In this supervisory system reform, we also need to strengthen the supervision of supervisory committee and establish internal supervision and external supervision system, so we need to make the supervision of parallel power organs, administrative organs, judicial organs, the public and the supervisory commission internal supervision mechanism to run at the same time, to ensure the honest operation of the supervisory committee.
4. Conclusion
Supervisory system reform is in full swing, but aggressive to completely change the original anti-corruption supervisory system still has a lot to explore, research, perfect, such as the law, the supervision of supervisory committee.