Reflection on the Rule of Law in China's Supervision Procedure
DOI:
https://doi.org/10.24203/ajhss.v7i6.6020Keywords:
reform of national supervision system, Supervision Law of the People's Republic of China, supervision procedure, reflection on the rule of lawAbstract
Deepening the reform of the national supervision system is a major political system reform that is related to the overall situation and a major decision-making deployment to strengthen the self-supervision of the party and the state. Although the promulgation and implementation of the supervision law is objectively conducive to the party's centralized and unified leadership of anti-corruption work and the full coverage of public power supervision, from the perspective of the rule of law, there are many problems in the supervision procedure formulated by the supervision law, which need to be deeply reflected. These problems mainly include: the lack of operability and transparency in many details of the supervision procedure; the confusion between the implementation of inner-party laws and the implementation of national laws; the confusion between the investigation of duty-related violations and the investigation of duty-related crimes; the self-determination and implementation of investigation measures; the self-determination and self implementation of lien measures; the inability of lawyers to intervene in the supervision procedure; the lack of effective supervision by the supervision commissions.References
Jeremy Pope, Anti-Corruption Strategy-Report from Transparency International, translated by Wang Miaoyang, Shanghai Translation Publishing House,2000 edition.
Ji Zhengju, The Road to Integrity _ Experience and Lessons in Anti-Corruption at Home and Abroad,Central Compilation and Translation Press,2005 edition.
Yan Qunli, An Investigation and Study on the Construction of Integrity and Anti-Corruption at Home and Abroad, China Fangzheng Press, 2007 edition.
OECD, Specialised Anti-Corruption Institutions：Review of Models, OECD Publishing，2008.
Michael Johnston, Syndromes of Corruption: Wealth, Power and Democracy，translated by Yuan Jianhua, Shanghai People's Publishing House,2009 edition.
Chen Hui, The 90-years of Combating Corruption and Upholding Integrity of Communist Party of China, Shanghai People's Publishing House 2011 edition.
OECD, Specialised Anti-Corruption Institutions：Review of Models (Second Edition), OECD Publishing，2013.
Li Qiufang, Sun Zhuangzhi, International Comparative Study on Institutional Mechanisms against Corruption, China Social Science Press, 2015 edition.
Xi Jinping, Excerpt from Xi Jinping's Discussion on Promoting Ethical party and Government and the Struggle against Corruption, Central Compilation and Translation Press, 2017 edition.
Qin Qiang, Supervision of Power: the Cultural Inheritance and Institutional Innovation of the National Supervisory Commission, People's Daily Publishing House, 2017 edition.
Sun Zhiyong, Strategy to Curb Corruption: Ten Lectures on Anti-corruption Theories with Chinese Characteristics since the 18th National Congress of the CPC (revised version),China Fangzheng Press, 2017 edition.
Jiang Guohua, Research on National Supervision Legislation, China University of Political Science and Law Press,2018 edition.
Ren Jianming,The Course of Anti-corruption in the New Era of China, Foreign Languages Press, 2018 edition.
Shao Jingjun, Liu Jincheng, Ed., The Innovation and Development of the Anti-Corruption Theory of the Chinese Communist Party in the New Era, China Fangzheng Press, 2018 edition.
Wu Jianxiong and Liao Yongan, Ed., Anti-corruption: The Connection between Supervision and Judicature, China Procuratorial Press, 2019 edition.
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