On the Collective Discussion System in Supervision Law
The collective discussion system,as a decision-making mechanism,is widely used in China's public power structure system and is manifested as a collective research system for important matters of supervisory organs in the field of supervisory law.Collective research on important matters of supervisory organs has dual legal attributes of organizational law and behavioral law,corresponding to the dual theoretical foundations of"democratic centralism"and"administrative process theory".Based on the current supervisory legal system,the basic types,scope of application,and behavioral patterns of collective research on important matters of supervisory organs can be identified.Due to the legislative strategy of"coarse rather than fine"adopted in the early stage of the reform of the supervisory system,the collective research system for important matters of supervisory organs faces regulatory loopholes such as insufficient procedural rules and lack of responsibility and consequences,as well as practical concerns of"group loss".In this regard,institutional optimization can be carried out by clarifying procedural elements,establishing accountability and follow-up mechanisms,and constructing a diversified prevention mechanism for the phenomenon of"team loss".
万方数据
维普
