中国行政监察制度的历史演变和未来发展

Abstract

Abstract: Administrative supervision system is a necessary part of a country's administrative supervision system and it is one of the important way for government to implement self-policing. Scientific and standardized administrative supervision system is of great significance on regulating and controlling the implementation of the administrative power, preventing the corruption of administrative power, maintaining the political integrity as well as protecting the legitimate rights and interests. Administrative supervision system has a long history in China. China's administrative supervision system has experienced a tortuous development process since the founding of the People's Republic of China in 1949 .It has experienced the initial, rescinded, convalescence, gradual development and overall development. Aggressive investigate and perform their functions according to law under the condition of the reform and opening up and market economy after the China's administrative supervision system restored. To strengthen the effective ways to supervise administrative organs and civil servants, initially formed administrative supervision system with Chinese characteristics. It has played an important role in promotingthe administrative organs and civil servants administer by law, enhancing the administrative organs of civil servants self-discipline and improving administrative efficiency. Although China has made a bigger changes to the Administrative Supervision Law in 2010, but it hasn’t significant of operation effect from these years. Because of various aspects such as legislation and system, administrative supervision system also exposed many problems in practice. In the following these problems mainly displays three respects: firstly, the independence of the administrative supervisory organs is poor, and it is easy to interference by the government and the same level of other departments within the government when the administrative supervisory organs performed their supervisory functions in practice. Because manpower and financial resources of administrative supervisory organs are limited by the government at the same level, so it is difficult to get rid of the control of the government at the same level. Secondly, the function of the administrative superintendence and discipline inspection has repetition. Administrative supervisory organs and that the Commission for Discipline Inspection of the communist party of China employ the model of the reconsideration office according to the decision of the central since 1993. By enhancingthe leadership of the communist party of China on administrative review work to form administrative superintendence and discipline inspection force to reduce the phenomenon of overlapping jurisdictions. Eventually improve the efficiency of administrative superintendence and discipline inspection. However, this approach leads to the status of the Discipline Inspection Commission development and strengthening in practice, the role of administrative superintendence is weakened gradually. This situation has restricted the independence and authority of administrative supervisory organs. Chief responsibility of system supervisory organs is difficult to be implemented under the unified leadership of the Discipline Inspection Commission, the supervisory organ almost become vassal to the Discipline Inspection Commission. Finally, Administrative supervisory organs has no direct decisions on supervision of the case. Administrative supervisory organs cannot directly make a decision on case after finish inspection or survey functions performed, case tend to adopt the way of recommendation of supervision. The case is usually in the form of giving supervision suggestions. Supervision suggestions or decide without enforcement, it does not have enough deterrent for the departments and personnel under supervision. This situation is one of the main reasons to lead to administrative supervisory organs for the lack of independence. The main problems existing in China's administrative supervision system has limited function fully and efficiently of the administrative superintendence. This situation is not conductive to the timely and effective supervision of the administrative supervisory organs exercise for administrative organs and civil servants. So we have to overcome the above problems of administrative supervision system, so as to be perfect in the future. Firstly, administrative superintendence should carry out vertical leadership system. Supervisory organs form an administrative system that administrative supervisory organs at a lower level only obey oders by the higher administrative supervisory organs, as well as shall be responsible for the higher administrative supervisory organs. It will no longer accept the leadership of the local people's governments to guarantee the relative independence of administrative superintendence. Human, material and financial resources of the administrative supervisory organs should be unified by the country allocate and transfer after the implementation of vertical leadership system. In particular it could be included in the state budget of National People's Congress at all levels after reviewed. This is an important guarantee for improving the legal status and ensuring the independence and authority of administrative supervisory organs, as well as making whole positive operation of the administrative supervision system under the vertical leadership system. Secondly, find out the relation between administrative superintendence and the discipline inspection. The reconsideration office system should be changed to separate office system befor 1993. We should separate the administrative supervisory organs and the discipline inspection organs and avoid administrative supervision and discipline inspection authority cross and mutual interference their work by the separate office system. It can enhance the independence and authority of the administrative supervision and play a proper role within their respective jurisdiction. Finally, increase the purview of the administrative superintendence according to law. Give administrative supervisory organs have the right to make administrative sanctions for civil servants and "suspend a serious breach of administrative discipline personnel from duty" directly. This kind ofpractice is advantage to the civil servants misconduct to be processed on time, so as to improve the efficiency of the administrative superintendence.