Journal of Jishou University(Social Sciences Edition) ›› 2024, Vol. 45 ›› Issue (1): 46-57.DOI: 10.13438/j.cnki.jdxb.2024.01.005

• Law • Previous Articles     Next Articles

Type Analysis and Normative Path of the Duty of Supervision of Supervisory Authorities

WEI Yuening,ZHAO Weizhong   

  1. (School of Criminal Justice,China University of Political Science and Law,Beijing 100088,China)
  • Online:2024-01-01 Published:2024-01-28

Abstract: The duty of supervision is a kind of supervision power behavior stipulated in Article 11 of the Supervision Law of our country.In essence,the duty of supervision is a systematic and comprehensive preventive power to prevent the alienation of public power.Based on the responsibility orientation of discipline inspection and supervision organs and the realization effect of supervision behavior,the responsibility of supervision can be divided into two types:the indirect type and direct type.The former is based on the prevention characteristics,which is an indirect supervision behavior carried out for unspecific objects,while the latter is a case-based direct supervision behavior aimed at specific objects based on prevention and punishment characteristics of supervision.In practice,the indirect supervision faces the risk of insufficient effectiveness,and direct supervision faces the risk of behavior deviation.In order to solve the above problems,we should carry out normative regulation by strengthening the effectiveness of indirect supervision in a refined way,and regulating the application of direct supervision in the way of normative constitutive elements.

Key words: duty of supervision, the Supervision Law, indirect supervision of supervisory, direct supervision of supervisory, integrity education

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