Recently, Professor Liu Lianjun's latest research result ‘Normative Analysis of the Function of Supervision of Constitutional Power in China’ was published in No.9, 2024 of Chinese Social Sciences, which is the second major work of Chinese Social Sciences in our institute this year. The article provides an in-depth analysis of the normative system of China's constitutional power supervision and its function improvement path.
The power supervision function of the Chinese constitution is an important system to ensure that the constitution is implemented and to supervise acts that violate the constitution. The establishment and improvement of this system is aimed at safeguarding the dignity and authority of the constitution, ensuring the implementation of the constitution, and ultimately realising the protection of civil rights and freedoms. China's current constitutional supervision system is carried out under the framework of the people's congress system, forming a constitutional supervision system with the National People's Congress and its Standing Committee as the main body, and the 2018 constitutional amendment created the Supervisory Commission as a specialised supervisory organ, establishing a full-coverage supervision system comprising various forms of supervision including the supervision of the National People's Congress, auditing, procuratorate, superiors, citizens, and supervision, significantly improving the supervision of state power. The amendment has established a comprehensive supervision system of state power, including supervision by the National People's Congress, audit supervision, procuratorial supervision, supervision by superiors, citizen supervision and supervision, which has significantly enhanced the overall supervision function of the Chinese Constitution.
From the perspective of the real needs of China's constitutional power supervision function, the article systematically comprehends the various types of constitutional power supervision functions, such as supervision by the National People's Congress (NPC), supervision by superiors, supervision by procurators, supervision by auditors, supervision by citizens, etc., as well as how the creation of the Supervisory Committee, which is a specialised supervisory organ, has perfected and strengthened the national supervision system in the new era. On the basis of the systematic and normative expression of China's constitutional power supervision function in the constitutional text, the authoritative and efficient national supervision system, the centralised and unified national supervision and leadership system, and the pluralistic supervision mechanism of the Supervisory Commission are elaborated in detail, and the importance of the supervision and control of the supervisory power, which is the power of governance, is reiterated in the rule of law scenario of the operation of power. Through the two dimensions of theory and reality, the intrinsic correlation between the national supervision system and the state and political system is illuminated.
It analyses the theoretical logic of the state power configuration and the distinctive character of the CPC's courageous self-revolution for the fundamental role of in-depth cognition of the supervisory function of China's constitutional power. Finally, it is proposed that the constitutional interpretation system should be vigorously developed and perfected, and the basic theory of the state supervision system should be further improved through the cooperation of the Supervisory Commission, the People's Court, the People's Procuratorate, and law enforcement agencies, using digital technology as the entry point, to create a new form of digital supervision of state supervision and then to promote the improvement of the state supervision system, so as to respond to the need to comprehensively deepen the reform, push forward the Chinese-style modernisation, and build a socialist rule of law country. modernisation, building a socialist rule of law country, and continuously stimulate the practical vitality of the constitutional power supervision function.
It is reported that China Social Science is a comprehensive social science journal supervised and sponsored by the Chinese Academy of Social Sciences, which mainly publishes the cutting-edge academic research results of China's philosophical and social sciences, and the papers it publishes are widely noticed and recognised in the domestic and international academic circles, and are regarded as China's highest level of comprehensive humanities and social sciences journals by the academic circles.
(Song Ningwei)