Author: Tan Huamin
Publisher:
Publish Date: 2006-01-16
Features: In March 2004, the State Council issued the "Implementation Program for Comprehensively Promoting Rule of Law Administration," which is a major event in the development of socialist democracy and the rule of law in China. It holds significant importance for comprehensively promoting rule of law administration and building a government under the rule of law. The "Implementation Program" requires: strengthening specialized supervision. Administrative organs at all levels should actively cooperate with the work of specialized supervisory organs such as the Supervisory Commission and the Audit Commission, and consciously accept their supervisory decisions. If any organ or person refuses to implement supervisory decisions, they shall be held legally accountable. The Supervisory Commission, Audit Commission, and other specialized supervisory organs must fulfill their duties effectively, carry out specialized supervision independently in accordance with the law. The Supervisory Commission, Audit Commission, and other specialized supervisory organs should work closely with the Procuratorial organs, promptly share information, and form a supervisory.
As the organ of the People's Government that exercises supervisory functions, the Supervisory Commission is responsible for supervising civil servants of national administrative organs, staff of organizations authorized by laws and regulations to manage public affairs, and staff of organizations entrusted by national administrative organs to exclude work staff, as well as other personnel appointed by national administrative organs. This is to ensure the smooth implementation of government orders, maintain administrative discipline, promote integrity in government, improve administrative management, and enhance administrative efficiency. As a specialized organ that supervises the exercise of administrative power, the Supervisory Commission should more fully implement the "Implementation Program for Comprehensively Promoting Rule of Law Administration," exercise its powers in accordance with the law, fulfill its duties, and fully play its functional role.
The "Administrative Supervision Law of the People's Republic of China" (hereinafter referred to as the "Administrative Supervision Law") and the "Implementation Rules of the Administrative Supervision Law of the People's Republic of China" (hereinafter referred to as the "Implementation Rules of the Administrative Supervision Law") are the basis and guarantee for the Supervisory Commission to exercise its powers and fulfill its duties. All levels of supervisory commissions must strictly exercise their powers and fulfill their duties in accordance with the "Administrative Supervision Law" and the "Implementation Rules of the Administrative Supervision Law." At the same time, the promulgation and implementation of the "Administrative Licensing Law of the People's Republic of China" (hereinafter referred to as the "Administrative Licensing Law"), the "Administrative Penalty Law of the People's Republic of China" (hereinafter referred to as the "Administrative Penalty Law"), the "Administrative Reconsideration Law of the People's Republic of China" (hereinafter referred to as the "Administrative Reconsideration Law"), the "Administrative Litigation Law of the People's Republic of China" (hereinafter referred to as the "Administrative Litigation Law"), and the "State Compensation Law of the People's Republic of China" (hereinafter referred to as the "State Compensation Law") are of extremely great significance for preventing and correcting illegal or improper administrative acts of national administrative organs and their civil servants, protecting the legitimate rights and interests of citizens, legal persons, and other organizations, promoting national administrative organs and their civil servants to govern according to the law, improving administrative management, enhancing administrative efficiency, strengthening integrity in government, maintaining social stability, and strengthening the connection between national administrative organs and the people.
Therefore, all levels of supervisory commissions must study the above laws and administrative regulations seriously, grasp their basic spirit and content, and especially grasp the relationship between administrative supervision, administrative licensing, administrative penalties, administrative reconsideration, administrative litigation, and state compensation. This is to prevent the occurrence of situations where powers are exceeded, enhance awareness of supervising according to the law, and continuously improve the ability and level of supervising according to the law.
The author of this book—Tan Huamin, Director of the Supervisory Regulations Department of the Regulations Office of the Central Commission for Discipline Inspection and the Supervisory Commission of China—has long been engaged in the research and drafting of laws, regulations, and rules related to administrative supervision. He participated in the drafting of multiple laws, regulations, and rules, including the "Administrative Supervision Law" and the "Implementation Rules of the Administrative Supervision Law."
Based on the inherent essence of administrative supervision, administrative licensing, administrative penalties, administrative reconsideration, administrative litigation, and state compensation, and taking the above laws and administrative regulations as the basis, the author clarifies the relationship between administrative supervision and administrative licensing, administrative penalties, administrative reconsideration, administrative litigation, and state compensation. This book can serve as a reference for supervisory commissions and their staff at all levels, as well as for staff of other national administrative organs to study the basic knowledge of administrative supervision, administrative licensing, administrative penalties, administrative reconsideration, administrative litigation, and state compensation, accurately identify the relationship between administrative supervision and administrative licensing, administrative penalties, administrative reconsideration, administrative litigation, and state compensation, and exercise powers and fulfill duties in accordance with the law.
February 2005
Supervisory authorities supervise lectures in accordance with the law.
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