下面为大家整理一篇优秀的essay代写范文- Administrative supervision，供大家参考学习，这篇论文讨论了行政监督。行政监督，指的是监督主体对于行政机关以及内部工作人员是否依法行政所进行的监督。在现代社会中，如果不对行政机关及内部工作人员进行有效的监督，那么滥用公共权力的腐败行为就会加速扩展。可以肯定，在现代社会中，对于行政监督过程中普遍存在的对腐败现象的斥责，其价值功能除了宣泄不满情绪之外，最多也仅仅能形成一种反腐败的舆论氛围，所以行政监督非常有必要。
Administrative supervision refers to the supervision and subject to the administrative organ and the internal staff is in accordance with the law of administrative supervision. The necessity of administrative supervision is the result of human two consensus, first, must stop using the behavior of public power for private benefit; Secondly, in order to prevent this possibility into reality, must be to restrict power with power. In the modern society, the administrative organs and internal staff without effective supervision, the misuse of public power corruption will accelerate extension. To be sure, in modern society, to generally exist in the process of administrative supervision and the curse of corruption, the value of this function in addition to venting discontent, most also can only form a public opinion atmosphere of anti-corruption. But the crux of the problem is: "everyone shouted" public opinion atmosphere, although increased trade power "moral hazard", but never stop or fundamentally eliminate the corruption phenomenon of corruption. So, how do you ensure the validity of administrative supervision?
Economists McChesney proposed here rent creation and rent concept extraction. The former refers to the government administrative personnel using the administrative intervention measures to increase the profit of private enterprises, creating artificial rental, induces private enterprises "tribute" to them as a condition to get the rent; The latter refers to an intentional put forward by the government administrative personnel can make a private enterprise of aggrieved policy as a threat, forcing private enterprise give up part of vested interests to share with yourself. In the field of social public, because of the existence of politics and rent and take out face makes rent - seeking activities more universal and regular. Therefore, strengthen the administrative supervision is particularly important. From economic interests balance in order to push up by the risk cost of rent-seeking activities, theory and practice prove that "high pay YangLian" under certain conditions is effective anti-corruption measures. But once that, under the background of current Chinese and will further strengthen people when choosing a competition for the administrative work. Even so, the legitimacy and efficiency of administrative behavior is still not get system guarantee, hidden under the action of rent-seeking and work without problems due to reasons such as public information asymmetry is difficult to fundamentally eliminate, public power is also difficult to widespread public supervision.
After a large number of administrative system exploration and countless rational design and practice, it was found that by independent specializes in exercising the power of administrative supervision of administrative behavior, is by far more successful and effective system arrangement, it can also constitute the internal supervision mechanism of administrative act. The degree of system arrangement is the key: "supervision must be relatively independent", namely duties independently, jurisdiction independence, the administrative professional knowledge and skills, understand spending a single agency, in order to solve the above problems.
In the above problem, once the supervision and supervision institution independence, are difficult to ensure the administrative fact supervisors in accordance with the administrative rules and regulations of state to make objective and no interference judgment, whether its interpretation and conclusion to the public interest and the work here is very doubtful. Cases in real life, "look down", "processing", "dare not face difficult problems" and other issues, investigate its reason, first, because for the same in a pyramid of power within the organization in terms of strength and political power, it is difficult to form effective supervision and supervision mechanism, the supervisor and supervisee in interests, values, work style and way of thinking has consistency. One thing, people outside the public power pyramid seems highly should happen, the tower my wife is accustomed to, normal. Even if the supervisor can enforce the law impartially, to group interests, but the objective existence of the subordinate relations between the superior and the subordinate, make their "fate" is in the hands of boss, supervisors have to "think twice".
Practice to solve the problems to provide the answer: from the legislative, judicial supervision of administrative organizations, social organizations and citizens, the news public opinion supervision, constitutes the external supervision network, these are collectively referred to as the external supervision.
Legislative supervision is the result of the national legislature and the government administrative institution specific constraint relationship. The authority of the government is the main department of execution, and inevitably and supervision and supervision is relationship in the legislature. Legislature with minimum cost principle to carry on the work, timely remedy often unreasonable government administrative action. Theoretically, the legislature has the most direct to the functions of power restriction, such as unreasonable scrap the bill, the abolition of the violation of the law of administrative rules, and dismiss government officials, etc. In western countries, the parliament is not only be vested with legislative power, but also had the power of supervision and administrative organizations, passed by parliament, distrust of the right to vote and the right to inquiry the impeachment power, the enforcement power to appoint and remove and etc., to supervise the government and members of the government and its behavior. But, in our country at present administrative system of "the unity of" meeting line, part of the legislature YiShiQuan was "handed over to the government, the government administrative power is too large, makes the administrative act may borrow a monopoly of the professional information from the view of legislative supervision, so that the legislature to speak is ineffective, lack of error correction, the supervision is impaired, in some places even administrative power is greater than the legislative power of the strange phenomenon.
So to ensure the validity of administrative supervision, perfect the supervision legislation and procedure, to replace the rule of man under the rule of law, administrative supervision legal basis, to ensure that the supervision activities, there are laws to strengthen law enforcement and supervision, administrative supervision and implement. On perfecting the legislation, should be promptly formulated a series of specialized laws and regulations, and in particular need to accelerate to enact a "name", responsibility and authority of supervision and subject, the object and scope of supervision, supervision of ways and means, the supervisor and supervisee, the obligations and rights, etc. Make that clear. "Should be according to the condition of socialist market economy under the new situation, new problem, that has been issued by the relevant administrative supervision and the cultivation of clean government to revise and perfect the laws and regulations, system, make it more operational, feasibility and effectiveness."
Judicial supervision is the procuratorial organ by the state and the supervision of the judicial organ for civil servants law case. This kind of supervision in the Anglo-American law system known as the "judicial review system", in the civil law is referred to as the "administrative litigation system". In the form of external supervision, judicial supervision, there are two distinct characteristics: one is based on the supervision of the national law as criterion, for those who cross the law restricted the principles of administrative act, the people's procuratorate by filing reconnaissance exercise procuratorial authority, arrest and prosecution, the court to exercise jurisdiction, shall be investigated for administrative action events and the legal liability of the parties. Second, supervision and main body is the organ of state violence, it is a strong deterrent power and mandatory public law-abiding people, loyal to their duties and prevent abuse power for personal gains and segmentation in the public interest, and the constraint force of administrative act, strength of supervision. Legal supervision of the implementation of the force depends on the principle of "by law applied" truly implement, law enforcement must be independent.
From the actual situation of China at present, only in specified in the general law of a few words, "the people's court in accordance with law, exercise their respective powers independently, not interference by any state organs, social organizations and individual", has not related system to protect. Can know from here, only acknowledge the independent jurisdiction of the people's courts in our country, this leads to a specific execution in many cases the trial judge ruled that individual is not just the case with no specific to participate in the investigation of the President or the trial committee decision, this is actually violated the rights of the litigants, also violates the provisions of the laws "full hearing", instead of the court. The 1954 constitution to court for the first time were separated from the people's government, but the personnel shall be appointed or removed by authorities at all levels, property is managed by the government at the same level, and the system continues to this day. Under the system of the trial, the court on the people, goods, content management cannot "autonomy", on the external environment for the parties to the judicial activity, even the court also became a question independently.
Western scholars generally believed that the independence of the judicature has the characteristics of the "institutional", countries set up a set of effective system guarantee to realize judicial independence: the judge system of life tenure, full-time, retirement system and salary system. Our country's judges also absorbed the spirit of these principles, to comply with the provisions of the state of the union. Of course, for the security system of the judge may not be limited to, shall be pointed out that the judge is the continuous development of security system itself, as long as in the state and society may endanger the judge independent behavior or phenomenon, on the security system should be perfected in time. In the low in the past, the judge qualifications, revision of the "judges law" and the national judicial examination will be held strictly in China actually judge qualifications, professional, high-quality judges team is expected to be gradually formed. On the judge promotion system, our country should draw lessons from Anglo-American law court pursues a hierarchical authority structure, make the power level is more loosely, the judge promotion desire not very strong, the judge individual independence is outstanding, the gap between different levels of power between judge and treatment is very small, so as to finally realize the independence of the judicature, until out of town of justice.
Through the study of the theoretical analysis of administrative legal relationship, we will find that citizens and society is undoubtedly the function of the main administrative behavior are the most widely, the administrative system of civil servants directly deal with the public contact, and its administrative act is fair, just, reasonable, presence of unauthorized, infringing behavior such as fault, not only the public is most clearly, but also directly for citizens and society to adjust the rights and obligations relations, an impact. Therefore, citizens and social organizations as the administrative supervision of nature is the most important subject has the right to speak. Establish channels of citizen oversight, under the condition of administrative openness, administrative hearing, citizens of complaint reporting, complaints and accusations system should improve in time, such as the constitution of citizens' supervision, PiPingQuan, suggests, ensure the right of appeal, the right of accusation.
News supervision and legislation should be on the agenda, for news legislation have proposed earlier, its important significance, not only the supervision of news value and a lower, more comprehensive cost, the key lies in its openness, spread rapidly, wide coverage, with powerful strength to the public by public opinion standard form such as an enormous influence in social life. Through various mass media objectively and reasonably reflect the work of administrative authority, to carry forward the positive things, on the incorrect decision-making, management measures and the principles, the rampant phenomenon such as exposure, so under the pressure of public opinion is restricted, can under the condition of lower cost have the effect of evil to reward good. , of course, the truthfulness of news and objective should be impartial monitoring, to ensure that the news, there are laws to bold the supervision of the objective and fair.
To sum up, in the process of cultivating our country socialist market economic system, the matching of the efficient administration and public management system set up, need to be supplemented by a strong administrative supervision system, rely on administrative supervision system constraint behavior, than to rely on moral education to guide the administrative behavior is more effective. In the current situation, the establishment and perfection of effective administrative supervision system to accelerate the reform of administrative system, promote China's social and political progress, undoubtedly play a positive role.
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Administrative supervision refers to the supervision and subject to the administrative organ and the internal staff is in accordance with the law of administrative supervision. The necessity of administrative supervision is the result of human two consensus, first, must stop using the behavior of public power for private benefit; Secondly, in order to prevent this possibility into reality, must be to restrict power with power. In the modern society, the administrative organs and internal staff without effective supervision, the misuse of public power corruption will accelerate extension. To be sure, in modern society, to generally exist in the process of administrative supervision and the curse of corruption, the value of this function in addition to venting discontent, most also can only form a public opinion atmosphere of anti-corruption. But the crux of the problem is: "everyone shouted" public opinion atmosphere, although increased trade power "moral hazard", but never stop or fundamentally eliminate the corruption phenomenon of corruption. So, how do you ensure the validity of administrative supervision?
Economists McChesney proposed here rent creation and rent concept extraction. The former refers to the government administrative personnel using the administrative intervention measures to increase the profit of private enterprises, creating artificial rental, induces private enterprises "tribute" to them as a condition to get the rent; The latter refers to an intentional put forward by the government administrative personnel can make a private enterprise of aggrieved policy as a threat, forcing private enterprise give up part of vested interests to share with yourself. In the field of social public, because of the existence of politics and rent and take out face makes rent - seeking activities more universal and regular. Therefore, strengthen the administrative supervision is particularly important. From economic interests balance in order to push up by the risk cost of rent-seeking activities, theory and practice prove that "high pay YangLian" under certain conditions is effective anti-corruption measures. But once that, under the background of current Chinese and will further strengthen people when choosing a competition for the administrative work. Even so, the legitimacy and efficiency of administrative behavior is still not get system guarantee, hidden under the action of rent-seeking and work without problems due to reasons such as public information asymmetry is difficult to fundamentally eliminate, public power is also difficult to widespread public supervision.
After a large number of administrative system exploration and countless rational design and practice, it was found that by independent specializes in exercising the power of administrative supervision of administrative behavior, is by far more successful and effective system arrangement, it can also constitute the internal supervision mechanism of administrative act. The degree of system arrangement is the key: "supervision must be relatively independent", namely duties independently, jurisdiction independence, the administrative professional knowledge and skills, understand spending a single agency, in order to solve the above problems.
In the above problem, once the supervision and supervision institution independence, are difficult to ensure the administrative fact supervisors in accordance with the administrative rules and regulations of state to make objective and no interference judgment, whether its interpretation and conclusion to the public interest and the work here is very doubtful. Cases in real life, "look down", "processing", "dare not face difficult problems" and other issues, investigate its reason, first, because for the same in a pyramid of power within the organization in terms of strength and political power, it is difficult to form effective supervision and supervision mechanism, the supervisor and supervisee in interests, values, work style and way of thinking has consistency. One thing, people outside the public power pyramid seems highly should happen, the tower my wife is accustomed to, normal. Even if the supervisor can enforce the law impartially, to group interests, but the objective existence of the subordinate relations between the superior and the subordinate, make their "fate" is in the hands of boss, supervisors have to "think twice".
Practice to solve the problems to provide the answer: from the legislative, judicial supervision of administrative organizations, social organizations and citizens, the news public opinion supervision, constitutes the external supervision network, these are collectively referred to as the external supervision.
Legislative supervision is the result of the national legislature and the government administrative institution specific constraint relationship. The authority of the government is the main department of execution, and inevitably and supervision and supervision is relationship in the legislature. Legislature with minimum cost principle to carry on the work, timely remedy often unreasonable government administrative action. Theoretically, the legislature has the most direct to the functions of power restriction, such as unreasonable scrap the bill, the abolition of the violation of the law of administrative rules, and dismiss government officials, etc. In western countries, the parliament is not only be vested with legislative power, but also had the power of supervision and administrative organizations, passed by parliament, distrust of the right to vote and the right to inquiry the impeachment power, the enforcement power to appoint and remove and etc., to supervise the government and members of the government and its behavior. But, in our country at present administrative system of "the unity of" meeting line, part of the legislature YiShiQuan was "handed over to the government, the government administrative power is too large, makes the administrative act may borrow a monopoly of the professional information from the view of legislative supervision, so that the legislature to speak is ineffective, lack of error correction, the supervision is impaired, in some places even administrative power is greater than the legislative power of the strange phenomenon.
So to ensure the validity of administrative supervision, perfect the supervision legislation and procedure, to replace the rule of man under the rule of law, administrative supervision legal basis, to ensure that the supervision activities, there are laws to strengthen law enforcement and supervision, administrative supervision and implement. On perfecting the legislation, should be promptly formulated a series of specialized laws and regulations, and in particular need to accelerate to enact a "name", responsibility and authority of supervision and subject, the object and scope of supervision, supervision of ways and means, the supervisor and supervisee, the obligations and rights, etc. Make that clear. "Should be according to the condition of socialist market economy under the new situation, new problem, that has been issued by the relevant administrative supervision and the cultivation of clean government to revise and perfect the laws and regulations, system, make it more operational, feasibility and effectiveness."
Judicial supervision is the procuratorial organ by the state and the supervision of the judicial organ for civil servants law case. This kind of supervision in the Anglo-American law system known as the "judicial review system", in the civil law is referred to as the "administrative litigation system". In the form of external supervision, judicial supervision, there are two distinct characteristics: one is based on the supervision of the national law as criterion, for those who cross the law restricted the principles of administrative act, the people's procuratorate by filing reconnaissance exercise procuratorial authority, arrest and prosecution, the court to exercise jurisdiction, shall be investigated for administrative action events and the legal liability of the parties. Second, supervision and main body is the organ of state violence, it is a strong deterrent power and mandatory public law-abiding people, loyal to their duties and prevent abuse power for personal gains and segmentation in the public interest, and the constraint force of administrative act, strength of supervision. Legal supervision of the implementation of the force depends on the principle of "by law applied" truly implement, law enforcement must be independent.
From the actual situation of China at present, only in specified in the general law of a few words, "the people's court in accordance with law, exercise their respective powers independently, not interference by any state organs, social organizations and individual", has not related system to protect. Can know from here, only acknowledge the independent jurisdiction of the people's courts in our country, this leads to a specific execution in many cases the trial judge ruled that individual is not just the case with no specific to participate in the investigation of the President or the trial committee decision, this is actually violated the rights of the litigants, also violates the provisions of the laws "full hearing", instead of the court. The 1954 constitution to court for the first time were separated from the people's government, but the personnel shall be appointed or removed by authorities at all levels, property is managed by the government at the same level, and the system continues to this day. Under the system of the trial, the court on the people, goods, content management cannot "autonomy", on the external environment for the parties to the judicial activity, even the court also became a question independently.
Western scholars generally believed that the independence of the judicature has the characteristics of the "institutional", countries set up a set of effective system guarantee to realize judicial independence: the judge system of life tenure, full-time, retirement system and salary system. Our country's judges also absorbed the spirit of these principles, to comply with the provisions of the state of the union. Of course, for the security system of the judge may not be limited to, shall be pointed out that the judge is the continuous development of security system itself, as long as in the state and society may endanger the judge independent behavior or phenomenon, on the security system should be perfected in time. In the low in the past, the judge qualifications, revision of the "judges law" and the national judicial examination will be held strictly in China actually judge qualifications, professional, high-quality judges team is expected to be gradually formed. On the judge promotion system, our country should draw lessons from Anglo-American law court pursues a hierarchical authority structure, make the power level is more loosely, the judge promotion desire not very strong, the judge individual independence is outstanding, the gap between different levels of power between judge and treatment is very small, so as to finally realize the independence of the judicature, until out of town of justice.
Through the study of the theoretical analysis of administrative legal relationship, we will find that citizens and society is undoubtedly the function of the main administrative behavior are the most widely, the administrative system of civil servants directly deal with the public contact, and its administrative act is fair, just, reasonable, presence of unauthorized, infringing behavior such as fault, not only the public is most clearly, but also directly for citizens and society to adjust the rights and obligations relations, an impact. Therefore, citizens and social organizations as the administrative supervision of nature is the most important subject has the right to speak. Establish channels of citizen oversight, under the condition of administrative openness, administrative hearing, citizens of complaint reporting, complaints and accusations system should improve in time, such as the constitution of citizens' supervision, PiPingQuan, suggests, ensure the right of appeal, the right of accusation.
News supervision and legislation should be on the agenda, for news legislation have proposed earlier, its important significance, not only the supervision of news value and a lower, more comprehensive cost, the key lies in its openness, spread rapidly, wide coverage, with powerful strength to the public by public opinion standard form such as an enormous influence in social life. Through various mass media objectively and reasonably reflect the work of administrative authority, to carry forward the positive things, on the incorrect decision-making, management measures and the principles, the rampant phenomenon such as exposure, so under the pressure of public opinion is restricted, can under the condition of lower cost have the effect of evil to reward good. , of course, the truthfulness of news and objective should be impartial monitoring, to ensure that the news, there are laws to bold the supervision of the objective and fair.
To sum up, in the process of cultivating our country socialist market economic system, the matching of the efficient administration and public management system set up, need to be supplemented by a strong administrative supervision system, rely on administrative supervision system constraint behavior, than to rely on moral education to guide the administrative behavior is more effective. In the current situation, the establishment and perfection of effective administrative supervision system to accelerate the reform of administrative system, promote China's social and political progress, undoubtedly play a positive role.
想要了解更多英国留学资讯或者需要英国代写，请关注51Due英国论文代写平台，51Due是一家专业的论文代写机构，专业辅导海外留学生的英文论文写作，主要业务有essay代写、paper代写、assignment代写。在这里，51Due致力于为留学生朋友提供高效优质的留学教育辅导服务，为广大留学生提升写作水平，帮助他们达成学业目标。如果您有essay代写需求，可以咨询我们的客服QQ：800020041。
51Due网站原创范文除特殊说明外一切图文著作权归51Due所有；未经51Due官方授权谢绝任何用途转载或刊发于媒体。如发生侵犯著作权现象，51Due保留一切法律追诉权。
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