China’s Anti-Corruption Legislation: A Review of the Supervision Law from the Perspective of Human Rights Protection

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 5권 / 2호
ㆍ저자명 : Yuan Chufeng

목차

I. Introduction
II. The Content of the Supervisi on Law
A. The Guiding Ideology and Leadership System of Supervision Work
B. Supervision Principles and Guidelines
C. Formation and Duties of the Supervisory Committee
D. Full Supervision of All Public Officials Exercising Public Power
E. Endowing the Supervisory Organization with the Necessary Authority
F. Regulatory Monitoring Procedures
G. Supervision of Supervisory Organizations and Inspectors
III. Basic Characteristics of the Supervisi on Law
A. New Changes in the Disciplinary Inspection System:Centralized, Authoritative and Efficient
IV. Dis putes and Tasks of the Supervisi on Law
B. The New Requirements of the Supervisory Committee’s Dutiesand Tasks: “Two Rulers” and “Dual Duties”
C. New Changes in Investigative Measures of the Supervisory Committee:Using Lien to Replace “Two Regulations (双规)”
D. Procedural Law and Organizational Law
IV. Dis putes and Tasks of the Supervisi on Law
A. Who Will Oversee the Supervision Committee?
B. How to Protect Human Rights?
V. Conclusion
References

영어 초록

China’s Supervision Law is the legislation that governs China’s leading and fundamental approach to anti-corruption. Its main content includes the objective, guiding ideology, principle and leadership system of supervision work, the authority, formation and duties of the supervision committee, the supervision procedures, and the supervision of the supervisory organizations and supervisors. The Supervision Law embodies the characteristics of a combination of party rules and national laws. This power structure is completely different from the separation of powers in Western countries: it does not control power by checks and balances and civil rights. This raises concerns about “who will supervise the power of the Commission or a higher level of power,” “human rights protection” and “procedural issues.” The Supervision Law not only means significant changes in China’s anti-corruption legislation, but also those in China’s governance style, which will have a profound impact on China’s future political and legal aspects.

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