How to improve and perfect China's administrative supervision system

Along with the deepening of reform and opening up, the market economy continues to promote, the administrative legal system of supervision is gradually improved, China's supervision of the administration of political, economic, legal and social, the number of large, many institutions, with Chinese characteristics. Nevertheless, the problems in government management for a long time to become the focus of social concern, and repeatedly increase the governance, but can not achieve the effect of people's satisfaction? Both affect the implementation of the scientific concept of development, but also affect the harmonious progress of society. Forced us to seriously reflect on the root of the problem, in order to put forward effective countermeasures.

One, the inertia of the traditional administrative system

After the founding of the country, China's government system is mainly affected by the following factors and the establishment and development of: 1. ideology - that is, the theoretical conception of Marxism on the socialist system of government and the basic principles; 2. the Soviet Union's governmental system model; 3. the party's long term The practical experience of our Party during the revolutionary struggle; 4. China's traditional governmental system and political culture; and 5. the goal orientation and strategic choice of development. This makes China's governmental system characterized by omnipotence. The external characteristics of this system are as follows: (1) The government is always "on the line" and its social functions are shrinking. The people are completely dependent on government departments to deal with social **** affairs; social intermediary organizations are painted with the color of the administrative organs and can not develop normally, to some extent, become an extension of the government rather than the intermediary between the government and the community; social self-restraint is weak, the constraints on undesirable social behavior is mainly dependent on the government, while the social constraints on the government is very weak. (2) Government functions are over-inflated, i.e., it manages a lot of things that should not be managed and cannot be managed well. (3) The content of government functions is unreasonable. Economic functions are too strong and social functions are too weak; in economic functions, micro-management functions are too strong and macro-management functions are too weak; social control functions are too strong and social service functions are too weak. (4) Bloated institutions and departments, each working in its own way without effective coordination. (5) The staff of administrative organs is large and of low quality. (6) Excessive centralization of administrative power.

Prior to the reform, the traditional administrative system used to play a positive role and should have a place in the history of administration. At the same time, this system in the formation of a number of insurmountable inherent contradictions:

First of all, the use of a single administrative means to pursue the goals in various fields such as politics, economy, education, culture, society and so on. Administrative means based on power, hierarchical restraint, clear authority and corresponding obedience is its fundamental characteristic. Means of unity in practice is manifested in the "rule of man" instead of the rule of law, ignore and exclude the economic means, economic leverage, the result is the lack of intrinsic adaptability between the goal and the means of the administrative system is bound to lack of vitality.

Secondly, the government's role conflict and role misalignment. For a long time government departments pursued what should have been pursued by the enterprise, which led to role conflict: on the one hand, as the owner of the enterprise, the various government departments to pursue economic gains and profits; on the other hand, as the owner of public **** power, they want to promote the public good and to protect the public's rights and interests as citizens and consumers. When the role of the owner overrides the role of the public **** power holder, and the pursuit of economic gain is at the expense of social gain and consumer rights and interests, then the role of government is misplaced.

The third is the great unity requirement. The omnipotent government pursues social unity of will, unity of action, unity of purpose. And this unity is not formed naturally, but by the high degree of unity and coordination of various departments within the government to realize. In fact the deep-seated differences and contradictions in interests again make coordination and unification very difficult.

The fourth is the contradiction between the unlimited responsibility of the government and the limited capacity. The expansion of the scope of functions and powers leads to the expansion of government responsibilities. Whether it is the government consciously and actively take on too many functions and responsibilities, or society's dependence on the government and unlimited expectations. Ultimately, it is the two that cause and reinforce each other. However, opposite to the unlimited nature of government responsibility is the limited nature of government capacity. Due to the objective conditions and resource constraints, it is difficult for the government to realize its goals in all functional areas, and it can only make compromises and trade-offs.

The end result is that the inherent contradiction in the traditional administrative system is a contradiction between ideals and reality. We start from with good intentions but it is difficult to reach the destination. With the deepening of reform and opening up by the planned economy to a market economy is on the agenda. In order to adapt to the needs of the market economy, built on the basis of the planned economy and for the service of the administrative system of the transition is inevitable.

However, the long-term unlimited responsibility in the environment, centralized control of public **** power resources of the government, is the government, the system of transition in the new system requires the government to be placed under comprehensive supervision, the requirements of openness and transparency of government affairs, the government to do things to let the people to judge, to comply with the rules and regulations to be a sense of service to accept the comprehensive supervision. The emergence of the "disease" is not accustomed to, reluctant, very resentful, and even not allowed. First, some people and departments, especially leaders become the new institutional constraints of the antagonist. Second, is still under construction or the original fragile supervision system, supervision system is difficult to resist, dare not block. Third, supervision lacks power and authority. Interests and management, power and responsibility, service and supervision are always in a fierce confrontation,

Two, the old and new systems in the process of transition to the supervision of the role of the lack of power

The government in the process of institutional transformation plays a system designer, resource mobilizer, change promoter, coordinator of interests and so on the multiple roles, and thus brings a lot of intractable contradictions: the government is the main body of the reform, but also the object of the reform; the goal of the reform of the reform of the subject; the government's role in the reform of the system of the reform of the subject of the reform. The goal of reform is to overcome social contraction, but the strengthening of society depends on the government's self-restraint; the market economy is essentially the "invisible hand", but the invisible hand depends on the government's "visible hand" to create.

Lack of strong external constraints on the system of transition, the result is that the old problems have not been eliminated new problems and highlight, the widespread phenomenon of power misconduct is worrying, especially the phenomenon of corruption is showing a high incidence of potential impact on the image of the government and the healthy development of society. It can be seen that we not only need to restructuring, the need to establish rules and regulations, but also the need for a strong and effective supervision of the legal system. Regrettably, China's administrative supervision of the legal system there are defects in the mechanism, need to be ruthless, spend a lot of effort to adjust and improve.

Three, China's administrative legal supervision mechanism defects

"Legal supervision mechanism", refers to the power organs, procuratorial organs, judicial organs and administrative organs as the main body of supervision of the formation of the legal supervision of the organic whole and the operation of the system. China's current legal supervision mechanism from a general point of view, its defects can be summarized as follows:

(a) the overall configuration of the power of the legal supervision system -- unreasonable

Overall the power organs of the power to supervise the internal oversight, judicial supervision and social supervision of the power of the comparison is not reasonable, the system is designed to be deficient. Supervisory organs lack of due cooperation and communication and organic coordination between each other, or shirking humility or duplication of supervision, so that supervision work is difficult to really put into practice, affecting the authority and effectiveness of administrative supervision. Whether it is the National People's Congress supervision, political party supervision, or supervision, audit supervision formally very sound, in fact, due to the supervision of the dispersion of the subject in the affiliation of multiple leadership constraints, failed to really form supervision of the synergy. Judicial supervision is weak, and this kind of ex post facto supervision is mainly to do some repair work. Supervision on the content of the narrower, in our administrative litigation on the abstract administrative behavior is not admissible, so that the rights and interests of the administrative relative to suffer some damage. Although internal supervision has received a certain degree of attention, but like professional supervision, namely, administrative supervision and audit supervision has not yet established efficient and relatively independent supervision. Professional supervision, as a relatively low status department within the administrative system, is often poorly supervised and, at the same time, appears powerless to supervise. Social supervision, in addition to the Central Commission for Discipline Inspection of the investigation and handling of major cases to strengthen the other, such as press supervision, people's supervision can not really play a due role.

In China's current administrative legal supervision system, the supervisory bodies have not yet formed an orderly linkage between the structure, which is mainly manifested in the following: First, the supervisory bodies in the configuration of the functions of each other cross-duplicated, unclear responsibilities, in the supervision of the operation of each other in the lack of communication and contact. Secondly, the entire supervisory system has not been able to form a system of "main and auxiliary matching, ring-shaped closure", which has led to the emergence of many irrational phenomena. Such as some cross-region, cross-industry, cross-departmental, multi-level, multi-constituent of public wrongdoing case processing, either several ways at the same time, "the teacher to ask for punishment", so that the unit of the case from nothing; either each other to shift the blame, "kicking the ball", the long-term delay in not doing; or Leave aside, affecting the authority and effectiveness of administrative supervision, there are even quite a number of administrative areas in a "supervisory vacuum" state, such as: the supervision of unconstitutional acts, the supervision of the administrative organs of the abstract administrative behavior, for belonging to the scope of administrative litigation of the state behavior, administrative discretionary behavior and the administrative organs of the final decision of the act of supervision. Supervision. The scope, field and authority of supervision between the main supervisory bodies are not clearly delineated, and there is no supervision network that is sparse but not leaky, and there are a large number of problems of "false supervision" and "omission of supervision", as well as a serious gap in the supervision of the power of the leadership team, such as "a hand", "a hand". "The supervision of the power of the leadership team" serious vacancies, in fact, "manage not to understand, understand the tube can not", seriously affecting the supervision of the effectiveness of the administration.

(ii) the power organs of the legal supervision rights - virtual

Power organs of the supervision stays in the form, there is no practical supporting supervisory system, it is difficult to play the corresponding supervisory role. The constitution gives it to the "government and the two houses" to carry out work supervision and legal supervision of power, but the people's congress in practice, more just with the help of the people's congress during the meeting of the deliberation and questioning, the day-to-day supervision of the government's behavior can not be reached, there is always a layer of skin feeling. The legal supervision of the people's congress of the deflation of the right to lead to the whole legal supervision mechanism of the lack of power. This virtualization is manifested in: 1. legislative supervision: (1) the lack of unconstitutional review system; (2) the law on unconstitutional review procedures are too general, not easy to operate, so that the supervision of a mere formality; (3) the administrative organs of the legislative supervision of the legislative supervision of the NPC's legislative supervision of the lack of coordination between the lack of practical institutional arrangements, often to the detriment of the NPC's power to know, so that there is no way to supervise the supervision of the law enforcement. 2. supervision of law enforcement: (1) the legal supervision of the national people's congress and the internal supervision of administrative organs, on the one hand, there is overlapping functions, on the other hand, the relationship between the two are not legalized, institutionalized, there is no coordination and communication channels; (2) non-legislative abstract administrative acts of the supervision of no institutional arrangements, the national people's congress is difficult to give the legislative supervision of the law and the law also clearly stipulates the non-actionable nature of the abstract administrative acts, also excludes the supervision of the judiciary, thus leading to the use of non-legislative administrative acts, the supervision of the administrative organs. This has led to the increasingly serious phenomenon of administrative organs using non-legislative abstract administrative acts to avoid supervision and violate the law; (3) the system of government affairs disclosure is imperfect, and the openness and transparency of the operation of administrative power are insufficient, which affects the NPC's right to know and the development of law enforcement supervision. 3. Judicial supervision: (1) there is a lack of systematic arrangements for the review of the legality of judicial interpretation; (2) the division of the NPC's legal supervision competence and function with that of the procuratorate is not clear. Supervision authority and functions of the NPC and the procuratorial organs are not clearly divided; (3) the NPC supervision and judicial independence of the balance between the NPC and the judiciary has not been found and systematically and legally determined.

(3) Legal Supervision Mechanism - Lack of Overall Coordination

1. Vertically, the NPC, as the supreme legal force and the highest level of supervision, has an unclear delineation of legal supervision powers with the procuratorial organs, and the administrative organs have overlapping supervisory functions with the organs of power and lack of communication, cooperation and coordination with the other organs of the state in the area of legal supervision. There is a lack of communication, cooperation and control of the legal supervision of the institutionalized path, so that the National People's Congress supervision is often limited by manpower, material resources and information and difficult to achieve effective. (2) Horizontally, there is a lack of coordination systems among state organs in legal supervision, and the supervisory relationship among them is not smooth, with an imbalance in the allocation of power, such as the procuratorial organs not only have to exercise the functions of investigating, approving and arresting people, examining and prosecuting people, and public prosecution, but also have to supervise the judicial activities of the public security organs and the judiciary, and the public security organs and the judiciary have obviously insufficient means of counterbalancing each other. Moreover, the financial and personnel rights of the judicial organs are managed by the local party leadership, which makes it difficult to play a supervisory role. 3. Internal and external supervision is inverted. In terms of administrative organs, procuratorial organs, their supervision should be based on external supervision, but at present in the system, focusing on the establishment of its internal supervision system, and the establishment of its external supervision system is relatively weak. This has formed the administrative organs, procuratorial organs to its internal supervision of the status quo, however, due to its internal supervision of the supervision of the subject is subject to the supervision of the object, it is difficult to implement effective supervision.

Legal supervision authority is unclear, overlapping supervisory functions, up and down communication, cooperation and control channels are not smooth, lack of coordination between the left and right, inside and outside the cart before the horse, so that the legal supervision of China's lack of order and unity in the system, each to engage in a set of lack of systematic coordination, the relevant state organs in the legal supervision of the contact is not close, friction, mutual constraints, resulting in the entire national legal supervision mechanism is difficult to play its due effectiveness. The whole national legal supervision mechanism is difficult to realize its due effectiveness.

(4) Supervision of the main body - lack of independence

The supervision of the power organs appears to be very independent, but in fact, it is still plagued by a number of factors, can not really independent exercise of supervisory power, usually rely mainly on the National People's Congress meeting and the Standing Committee of the National People's Congress of the aftermath of the supervision. Because of the collective leadership system, the executive branch can not effectively exercise the power of impeachment, dismissal, questioning, and so on, and therefore the supervision work can not be carried out to the people and practicable.

Although the Constitution and the Code of Procedure provide that the judiciary is independent in the exercise of judicial power. But in practice, the independence of the judiciary has not been truly realized, the judiciary is not independent of the government in terms of human, financial and material resources, resulting in the dependence of the judiciary, as the last resort of the society and the symbol of fairness and justice of the judiciary is difficult to get the full trust of the people.

Administrative internal supervision lacks independence both in form and content. General supervision between the upper and lower levels, due to the relationship of subordination leads to the lower to the upper supervision is weak. Supervision between government departments is "colleagues" between the supervision, often good I am good, difficult to move the real. Specialized supervision, although there are special legal provisions, but because of the supervision of the department of personnel attached to the administrative system, subject to dual leadership, financial resources provided by the government, in fact, the relative independence of the lack of supervision of the empty space.

Social supervision, public opinion supervision of most news media controlled by the government, and its close relationship. Although some radio programs play a certain monitoring effect, but top-down, extensive, seamless news monitoring has not yet been formed, especially the long-standing publicity model of reporting the good news and not the bad news, so that critical reporting from secondary to even lower, the times and the role of the people's advocate is difficult to be effective.

Citizens as the most numerous and omnipresent monitoring force, but the role is extremely weak, monitoring channels are not smooth, not very active, it is difficult to form a synergy.

(E) legal supervision - the lack of rules

1. The lack of legal supervision entity rules . China's current legal supervision entity rules there are many deficiencies, mainly reflected in the completion and refinement of the power of legal supervision, supervision of the corresponding obligations and responsibilities of the object there are gaps and fuzzy. The reason is that the constitution, the law, although the basic powers of the subject of legal supervision provisions, but due to the fundamental law and the basic law by its principle, generality, it is impossible to make specific detailed provisions; and for the obligations and responsibilities of the object of legal supervision, on the one hand, due to the incomplete and non-specific authority of the subject of legal supervision, legal supervision of the object of the corresponding obligations and responsibilities of the object of the consequent lack, on the other hand, the law, although the subject of legal supervision is given a certain power and detail, and the corresponding obligations and responsibilities of the object of supervision. On the other hand, although the law gives the subject of legal supervision a certain power of supervision, but for a variety of considerations, but does not provide for the corresponding obligations and responsibilities of the object of legal supervision, resulting in the supervision of the lack of rigidity and authority.

2. The lack of legal supervision program rules. Legal supervision procedures are complete is an important symbol of the modern rule of law. In our country, the lack of legal supervision procedural rules is particularly prominent, for example, so far there is still no special legislation on the legal supervision procedures of the people's congress, even if the 1993 promulgation of the "Standing Committee of the National People's Congress on the strengthening of inspection and supervision of the implementation of the law a number of provisions", but also only the principle of the provisions, did not make systematic, step-by-step procedural arrangements, and did not make clear participants in the procedural rights and obligations, the legal supervision of the people's congress in the procedural rights and obligations of the people's congress in the process. There are no systematic, step-by-step procedural arrangements, nor are the procedural rights and obligations of the participants clearly defined. It is the lack of procedures that makes it difficult to activate or exercise the supervisory powers, or to artificially convert them after they have been exercised.

(F) supervision object -- lack of checks and balances

1. administrative legal system supervision object lack of balance. Jurisprudence, administrative supervision should be balanced in the object, but in our country tends to administrative staff supervision, supervision of administrative organs less; supervision of general civil servants, supervision of senior leading cadres less supervision of the supervision of the focus on the "corrective action in the attempt", ignore or even give up the "preventive action in the future". The focus of supervision is on "correcting errors before they occur", ignoring or even abandoning the work of "preventing errors before they occur". The result is that the main body of supervision is caught in the dilemma of "treating the head when the head aches and treating the foot when the foot hurts", and the road of supervision becomes narrower and narrower. Supervision of the abuse of power more, supervision of dereliction of duty and inaction less; top-down supervision more, bottom-up supervision less; internal supervision more, less external supervision, especially on the "first hand" supervision almost appeared "leakage", did not form the leading cadres as the focus of the supervision mechanism. The supervision mechanism focusing on leading cadres has not been formed.

2. In the supervision of means and supervision of poor results. Many of the supervision did not go deep into the internal go, do superficial articles, go through the motions or even show supervision, disappointing. Waiting for someone to reflect the problem of door-to-door more, take the initiative to supervise less. In the means of access, means of control, failed to take advanced scientific means; in the way of supervision, often using regular supervision, and special supervision, comprehensive supervision, temporary supervision, etc. were not fully used; in the process of supervision, the supervision department's means of transportation, communication equipment, investigation and sampling tools, means of enforcement, archive management facilities are relatively outdated, and as a result, it is difficult to carry out the work of supervision.

3. The lack of transparency in the supervisory process does not adequately safeguard society's right to know. Supervisory departments on the supervision of the administration of the legislation lacks specific implementation details, operating procedures, failed to form an institutionalized, specific. First, some important norms such as the Administrative Procedure Law, the Law on the Supervision of Administrative Acts, and the People's Supervision Law have not been introduced, leaving some major supervisory activities without a legal basis; second, some of the existing supervisory rules are worded in general terms and lack clear and precise standards and operational details, making it difficult for supervisory bodies to accurately determine and correct in a timely manner transgressions and violations of law by the subject of the supervisor's supervision. The degree of public supervision is also low, and often used to adopt the "secret operation".

Four, improve China's administrative legal system supervision mechanism of specific ideas

(A) reconfiguration of the legal supervision rights of the concept

Caused by the existence of China's legal supervision mechanism of the above defects in the reasons are manifold, but one of the main reasons for the configuration of the legal supervision rights is unscientific, and thus start, through the reconfiguration of the legal supervision rights, to build a subject Through the reconfiguration of the legal supervision power, to build a main body, clear authority, overall coordination of the legal supervision mechanism, so as to overcome the existing defects in the legal supervision mechanism. The author agrees with some scholars' proposal to reconfigure the legal supervision power: to set up the Court of Supervision of Laws, specializing in legal supervision power. Law Supervisory Yuan and the people's government, the people's court, the people's procuratorate is a parallel state organs, *** with the National People's Congress is responsible for and report to the work. The National People's Congress has delegated its power of legal supervision to the Legal Supervisory Commission, which is the State's legal supervisory organ. The focus of the NPC's supervision is set on work supervision, while the LASC specifically carries out legal supervision of other State organs.

(ii) overall coordination of legal supervision mechanism. Scientific and reasonable legal supervision operation mechanism not only needs the system on the reasonable design, rationalize all kinds of relationship, to achieve benign operation, at the same time, also need to build on the operational level with the measures related to it, cooperate with each other, forming a dynamic system.

China's administrative supervision of the legal system needs to be re-adjusted from the institutional design, specific practices: 1. Give full play to the people's congresses of the power to supervise the role. According to China's constitutional provisions, the power organs of the administrative supervision is the fundamental supervision, in view of China's current power organs of the supervision of the lack of specific operational means, and the power organs of the supervision of the power is not very obvious, drawing on the successful foreign ombudsman model, combined with China's actual situation, it is recommended to set up the people's congress ombudsman system, the establishment of the Administrative Supervisory Committee.

The power organs supervision commissioner system originated in Sweden, then, Finland, Britain, Canada, Australia, France, Norway and other countries followed suit, and achieved good results. Parliamentary commissioner in most countries, in addition to parliamentary directives, the commissioner is independent of the parliament, the independent exercise of authority, as the parliamentary representative to act, such as Norway developed the Norwegian Parliamentary Commissioner for Administrative Oversight Act, article 1, the parliament can be issued on the duties of the commissioner of the general directives, in addition to parliamentary directives, the commissioner is independent of the parliament, the independent performance of duties as a way of determining its relationship with the parliament and the independence of the supreme position, and In this way, the relationship with the Parliament and the supremacy of the independence of the Commissioner is determined and the Commissioner is provided with effective and sufficient guarantees in terms of working methods, the emergence of the Commissioner, the treatment of the Commissioner, and retirement protection.

According to China's Constitution, the executive branch is generated by the National People's Congress (NPC), supervised by the NPC, and accountable to the NPC. The people's congress to listen to government reports, questioning, deliberation and other supervision, but the effect is not satisfactory. For example, since 1998, the State Council to one hundred large state-owned enterprises to send inspectors, can be a prototype of the commissioner system. Should our country try to set up the ombudsman in the National People's Congress, in order to realize effective supervision, more reflect the spirit and political system established by the Constitution. From the actual situation in our country, the scope of functions of the ombudsman include: the first commissioner is the administrative ombudsman; the second commissioner is the public prosecutors and lawyers ombudsman; the third commissioner is the armed forces ombudsman; the fourth commissioner is the enterprises and institutions ombudsman. Supervision of different areas of public **** power is carried out respectively. The first of these commissioners should be the most important element in this system. The commissioner's generation, scope of authority, supervision procedures, supervision responsibilities, and the commissioner's rights and guarantees should be clearly stipulated in the legislation. In China, the NPC's ombudsman should be attributed to the NPC Standing Committee's day-to-day work supervision, but only to the NPC is responsible for, report. The NPC ombudsman, only a hierarchy and sent institutions, not set up two sets of central and local system. The NPC Ombudsman's supervisory focus is primarily on the administrative system. The strength of the NPC Ombudsman's supervision and adjudication and the power he or she possesses to deal with cases should be strengthened, so that his or her authority and seriousness will be greatly enhanced. At a minimum, the supervisory powers of the NPC ombudsmen should include the right to notify, the right to make recommendations, and the right to dispose of cases to the extent of sending them to the judicial organs for prosecution and to the National People's Congress for discussion. The NPC Ombudsman system exists as a higher status of authoritative supervision, which helps to break the local protectionism and other power interference in the supervision, but also reflects the principle of streamlined and efficient supervision, is an important supplement to the supervision system.

(3) Expanding the scope of supervision. Gradually put all the abstract administrative acts under all-round supervision, and expand the scope of administrative reconsideration and administrative litigation to cover all abstract administrative acts. In strengthening the supervision of custodial discretionary administrative behavior, but also to strengthen the supervision of discretionary administrative behavior, which is also the rule of law and the rule of law and the theory of combining the administrative legal system in the supervision of the specific embodiment of the theory of combining the rule of law and the rule of law. At the same time, we should focus on strengthening the supervision system of administrative organs, senior and middle-level leading cadres, especially the "first-in-command", the supervision system of administrative dereliction of duty, the supervision system of subordinate administrative organs and civil servants on superior administrative organs and leading cadres, and the system of mutual supervision of civil servants of administrative organs of the same level who are not subordinate to each other, and adjust the supervisory mechanism, and achieve a balanced supervision by emphasizing the key points as much as possible. At the same time to achieve a balanced supervision.

(4) the establishment of a broad and universal general administrative supervision. General administrative supervision, i.e., the legal supervision of the upper and lower levels of government. The government's legal system supervision is a kind of all administrative behavior beforehand, in the event, after the fact supervision, and is administratively mandatory supervision, can be realized through the head of the supervision, the supervision of the upper and lower levels of government, the supervision of the various government departments. The supervision during and after the event, which is also administratively compulsory and authoritative, is realized through supervision by the head of the department, supervision by the higher and lower levels of government, and supervision by various government departments. In order to enhance the supervision of accountability, can set up the system of public affairs, report on major matters, administrative failure to observe the responsibility system, etc., in the supervision of the fault shall be administrative treatment.

(E) improve administrative supervision and audit supervision. China's administrative supervision and audit supervision in the legislation has been gradually institutionalized to the legal system, but its supervisory status has yet to be improved. At present, the two departments are placed within the government, its people, property, materials, power to the same level of government control, so it is difficult to effectively make a strong supervision of the region and the department of the case, for the head of the region is unable to implement the supervision, can not be truly in the position of supervision. Administrative supervision and audit supervision in practice need to be relatively independent status, only in this way, can implement the real meaning of supervision. In view of China's situation, can be transferred to the National People's Congress to set up the auditing authority, drawing on the Hong Kong Independent Commission Against Corruption's institutional setup, only to the National People's Congress is responsible for, in order to truly achieve the audit of independence, give full play to the audit of the important role in preventing corruption of officials. At the same time, the administrative supervision and audit supervision departments should clarify their supervisory powers and responsibilities and establish a supervisory responsibility system. And the procedures for supervision by administrative supervision and audit supervision departments should also be strengthened. The implementation of supervision should be carried out in accordance with the powers and procedures established by law, and should not exceed the authority to supervise and exceed the terms of reference to supervise.

(vi) The legislation on press supervision should be put on the agenda. News supervision as independent of the legislative, executive and judicial fourth power, with a wide range, openness, authority, timeliness, severity of the consequences, the channel is open and other advantages, is a great influence and flexible supervision force. Of course, the truthfulness and objectivity and fairness of the news should be monitored to ensure that the news of the law, bold objective and fair supervision.

(VII) the establishment of open channels for citizens to monitor the way. In the conditions of administrative openness, administrative hearings, citizens' letters and visits, reports, whistleblowing and other systems should be improved in a timely manner, so that the constitutional provisions of the citizens' right to supervise, criticize, suggest, complain, and prosecute the right to be difficult to exercise in practice. In conjunction with the above monitoring mechanism, in the specific operation, we should also establish a scientific and reasonable mechanism for the selection of supervisors and incentive mechanism for the monitoring mechanism. Supervisors should have strict conditions, specialized knowledge, experience and moral integrity, and be recommended by the election to carry out supervision on a full-time basis, and should not perform other duties. At the same time, the salaries, bonuses, pensions and family security of the supervisors should be effectively guaranteed.

In short, the sound administrative supervision system is a complex systematic project, we still need to do a lot of work, but also through long-term unremitting efforts, China's administrative supervision system will be further improved, the people look forward to the establishment of democracy, the rule of law, efficient and corruption-free government will certainly be realized.