Investigation of the System of Foreign Administration Supervision Commissioner
December 23, 2019 10:06 Source: "China Social Sciences" December 23, 2019, Issue 1842, author: Li Shuangqing

Administrative Supervision Commissioner System has realistic value for the development and progress of the advancement of the traditional administrative supervision system。Looking at the evolution and development of the foreign administrative supervision system、Features and functions、mode and practice,It can be found that it has the characteristics and functions that adapt to the capitalist political system,But in the face of the continuous changes and diverse development of the world's politics today,It also exposed its own shortcomings and regrets。

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Administrative Supervision Commissioner System is an important supplement and innovative development of the traditional administrative supervision system。Administrative Supervision Commissioner System is usually stipulated by the Constitution、Special Law Adjustment、Legislative authorities promulgated and implemented。Within the scope of authority stipulated in the constitution,Administrative Supervision Commissioner has the right to conduct investigations and supervision on illegal administration and improper administrative behavior of government departments that appeal to the public,It is a relatively mature and relatively special monitoring model and system。

Administrative Supervision Commissioner System for more than 200 years of development is mainly divided into three stages。The first stage is the birth and formation period from the 18th century to the 19th century。Administrative Supervision Commissioner System is in Sweden。The second stage is a preliminary development period from the early 20th century to the early 1950s。Administrative Supervision Commissioner System has gradually spread from Sweden to Finland、Danish。The third stage is the rapid development period from the 1960s to the present。The relevant system has begun to develop rapidly globally,A British Parliament Administrative Supervision Specialist、French mediation commissioner、Bet365 app download A commissioner in Germany、Public Defense Commissioner in Spain、Greek's administrative commissioner and other systems。

Foreign administrative supervision commissioner system generally has the following features。

First, it has high authority。Administrative Supervision Commissioners are mostly senior officials elected by parliament or appointed by the chief executive authority,Has high authority。Although enterprises and industry associations in some countries have also established a similar system,But because the relevant personnel are not appointed by the parliamentary or government head,Can't be included in the category of administrative supervision commissioners。

Second, it has strong independence。Administrative Supervision Specialist Exercise Independent Exercise,It can not be subject to administrative organs、Judicial Organ、Social Organization、Social Organization、The impact and interference of interest groups or other organizations。To prevent it from being dominated and restricted by the administrative organs or relevant departments,Under normal circumstances,Budget funds for administrative supervision commissioner、Personnel preparation, etc. will be approved by the parliament alone。Foreign administrative supervision commissioners generally implement the term system,Unless there is serious bad behavior such as illegal discipline or moral corruption,or being required by the collective voting of parliament to be removed,During the term of office of the administrative supervision, it shall not be lifted by their position。

Third is the specificity of the qualification。Western countries, especially the British, attach importance to the moral quality and social reputation of the individual administrative supervision commissioner,And requires it to have rich administrative experience and high -level administrative business capabilities。The staff of the administrative supervision commissioner system generally comes from the legal community and government agencies,It has strong specific specificity in terms of qualifications。

Fourth is the broadness of the scope of power。Administrative Supervision Commissioner's administrative Bet365 app download behavior of administrative organs and their staff,It will also be extended to public enterprises and other public organizations,The administrative supervision commissioner of a few countries will also be on the court、Supervision of the Procuratorate。Administrative Supervision Commissioner both accept the public's appeal of the public's illegal administrative actions of administrative organs and their staff,Also accepts an appeal of unreasonable or improper administrative acts。The working method of administrative supervision commissioner is flexible and diverse,You can directly accept the public's appeal,You can also actively conduct a survey based on the clue of the case。

Five is the mandatoryness of power exercise。Administrative Supervision Commissioner has the right to enter all office spaces from government agencies, departments or other public institutions for investigation and evidence,Requires relevant departments to provide the required records and files。When professional and technical knowledge or complex complaint affairs,Administrative Supervision Commissioner has the right to request relevant experts to provide necessary support,Even ordered the police to intervene in the investigation。

Six is ​​the effectiveness of the treatment measures。Administrative Supervision Commissioner has considerable authoritativeness and validity for the handling of the investigation cases。If its opinions and suggestions are not fully attached to and adopted,Administrative Supervision Commissioner can report to the chief of the administrative organs or the legislature,You can also get to all relevant administrative agencies、Public investigation and processing results of news media and the public,Forced relevant agencies to take measures to solve problems。

  With unique value orientation and typical operation mode

Administrative Supervision Commissioner's system has risen and is widely accepted. It is mainly due to its unique value orientation and functions。The Swedish Parliament initially set up an administrative supervision commissioner for two purposes: one is to supervise the public administration and judicial practice; the other is to ensure the basic rights of citizens and freedom from the infringement of public administration。And the administrative supervision commissioner system gradually has three Bet365 lotto review major functions in the development process: First, the function of administrative dispute resolution,Mainly refers to the administrative supervision commissioner can adopt non -judicial methods to solve the administrative dispute between administrative organs and ordinary citizens; the second is to improve the function of rule of law,Mainly refers to the supervisory commissioner through restricting government power,Make up for the lack of judicial systems to restrict administrative power,Improve the rule of law; the third is to protect human rights function,Mainly refers to the administrative supervisory commissioner by providing timely relief for ordinary citizens,Related rights to protect citizens。

Foreign Administrative Supervision Commissioner System mainly has the following three typical operation modes。

First,Administrative supervision mode within the agency of the agency。The supervision agency established within the agency of the agency is called the parliamentary administrative supervision commissioner。Swedish regulations elected an administrative supervision commissioner from the parliament,On behalf of the parliament to supervise administrative organs and officials,At the same time, you can investigate the complaints of the public and public administrative agencies。

Second,Administrative Supervision Model within the administrative organs。Many countries exercise administrative supervision functions by setting up administrative supervision agencies within the administrative organ。This model belongs to the government internal supervision mechanism,It is the implementation of laws on administrative organs and their staff、Regulations and the decision made by the decision,Promote the improvement of government administrative efficiency,Investigate and deal with the violations of civil servants。Countries that adopt this model mainly include the United States、Japan, etc.。

third,Administrative Supervision Mode of Supervision and Examination。In this mode,Administrative Supervision and Audit Supervision is an organic system,cooperate with each other。Supervisor investigating and handling national public officials often involves economic Bet365 app download problems,Need to provide assistance for the audit department。Based on this,Korea、Poland and other countries will combine the administrative supervision organs and audit organs into one,formed a mode of supervision and review。For example,South Korea's highest supervision organs are the Supervision Institute,Integrated the supervision and audit function,independent of parliament and government,Only the presidential leader。

 Multi -defect obstacles to further develop

By inspecting its development history and status quo,We can find that there are many regrets and deficiencies in the foreign administrative supervision commissioner system,The main manifestation is the following aspects。

First is the limitations of resources。To ensure authority,Number of people related to the team of administrative supervision commissioners、Strict control。Those who are qualified to take the administrative supervision commissioner must be "selected minority"。Sweden as the birthplace of the administrative supervision commissioner system,Only a few representative administrative supervision commissioners have coordinated the country's supervision work,This is difficult to implement effective supervision on a large number of administrative acts and civil servants。

Secondly the limitations of power。Administrative Supervision Commissioner System is a post -event supervision,Can't play the prevention function。Administrative Supervision Specialist has no final decision,And most administrative supervision commissioners are passively waiting for complaints to come to the door。Another,The supervisory object of administrative supervision commissioner usually does not include senior officials at or above the ministerial level,This means that they only shoot flies and do not hit tigers。From the perspective of worldwide,The administrative supervision commissioner system has not been fully used,Administrative Supervision Commissioner's authority has not been fully exerted。

Finally, the limitations of the program。The parliamentary referral system often causes the supervision procedure of administrative supervision commissioner to delay or be blocked。UK、France and other countries clearly stipulate that the public's complaints must be referred to the administrative supervision commissioner,That is the parliamentary referral Bet365 app download system。The original intention of this system is to improve the efficiency of case handling by restricting the total amount of cases complained to administrative supervision commissioners,Accelerate the processing process of the complaint。but,The development and improvement of the modern government,The way citizens seek relief more and more diverse,The parliamentary reference system artificially blocks administrative supervision commissioners and people,It affects the principle of the backlog of administrative supervision commissioner priority,At the same time, it also caused a delay to handle the appealing case due to the referral procedure。Visible,This model can no longer adapt to the development trend of the current administrative supervision commissioner system。

  (This article is the Department of Humanities and Social Sciences, the Ministry of Education, "Research on the Risk Early Warning and Prevention and Control Disposal Mechanism of Leading Cadres Reported by Personal Related Matters" (19YJA810006)、The Hunan Social Science Achievement Review Committee project "Research on the Risk Identification and Prevention Mechanism of Leading Cadres based on major personal matters" (XSP18YBZ050)、Hunan Provincial Social Science Planning Fund Project "Research on the Research on the Research on the Prevention and Control Mechanism of grass -roots cadres based on the effectiveness of clean government culture construction" (17yba366) phased results)

(Author Unit: Hunan Urban College Management College、Provincial Professional feature think tank of the Institute of Urbanization Research Institute of Hunan Province)

Editor in charge: Zhang Yueying
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