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The Supervisory Jurisdiction System: Its Applicationand Improvement(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2020年01期
Page:
131-141
Research Field:
法学:深化国家监察体制改革研究专题
Publishing date:

Info

Title:
The Supervisory Jurisdiction System: Its Applicationand Improvement
Author(s):
QIAN Xiaoping
Keywords:
supervisory jurisdiction application improvement approaches
PACS:
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DOI:
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Abstract:
The supervisory jurisdiction has come into being in line with the logic of supervisory system reform. In practice, there are some problems in supervision jurisdiction, including the generalization of jurisdiction scope, the insufficiency of jurisdiction capacity and the dislocation of jurisdiction connection, which reflect the hidden worries over rule of law caused by the Supervision Priority Doctrine formed in the process of supervision system reform. In order to prevent the transformation from the priority of supervision to the centralism of supervision, we should establish such principles as supervision according to law, procedure coordination, procedure modesty and restraint, duty division, and rights protection. Guided by the revised Supervision Priority Doctrine, we should reasonably shrink the jurisdiction charge of the supervisory organs; establish the differentiated jurisdiction mode for the dutyrelated crimes; establish the specific rules of jurisdiction transfer; clarify the exception rules governing the case division jurisdiction; strictly apply the conditions of the case combination jurisdiction; and promote the systematic improvement of the supervisory jurisdiction system.

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Last Update: 2020-02-15