The Symposium on Certain Prominent Theoretical and Practical Issues of Supervision Law, co-hosted by the College and the Dongbei University of Finance and Economics and organised by the Liaoning Xianyu Law Firm, was successfully held in Dalian on 14 Nov, 2020.
The symposium was a project promotion meeting after the passing the mid-term review of the National Social Science Foundation’s major project the Research on the Construction of Supervision Theory, System Innovation and Practice Operation with Chinese Characteristics and the key project of the National Social Science Foundation the Research on the Supervision and Restriction System of the Supervision Committee, which were chaired by the Dean of our College Prof. Xie Zhiyong, as the chief expert.
More than 40 experts, scholars and team members of the two projects from 14 institutions including Peking University, Tsinghua University, Renmin University of China, China University of Political Science and Law, Wuhan University, Nankai University, Shandong University, Xi'an Jiaotong University, East China University of Political Science and Law, Dongbei University of Finance and Economics, Dalian University of Technology, Dalian Maritime University, Dalian Supervisory Commission and Liaoning Xianyu Law Firm attended the meeting. Dean of the Law School of Dongbei University of Finance and Economic Prof. Wang Yan moderated g ceremony and Vce-Pesident of the Dongbei University of Finance and Economics Prof. Fang Hongxing presented opening remarks.
Xie Zhiyong gave a thematic report on the progress, existing problems and follow-up arrangements of the two projects. The projects were approved in July 2018 and have a total of five sub-projects. Since the projects were officially launched in November 2019, the research team has been to provincial, municipal and county level supervisory committees, courts and procuratorates of Beijing, Shanghai, Shandong, Zhejiang, Guangdong, Shaanxi, Sichuan and Inner Mongolia to survey the operation of the supervisory power, as well as the mutual constraints and cooperation between the people’s courts and the procuratorates. In October 2020, the projects passed the mid-term assessment. The achievements in the medium term included the book Supervision Law edited by Prof. Ma Huaide and over ten core journal articles, as well as a group of important achievements such as consulting reports and suggestions approved by relevant governmental leaders. The projects will be closed on schedule.
Xie pointed out that the main difficulties encountered in the research were: “first, the closed operation of the supervisory organs has brought obstacles to the research; second, the supervision law is a sensitive issue and the results are difficult to publish; and third, there is an urgent need to implement some of the central government’s requirements. The recently concluded fifth plenary session of the 19th Central Committee of the Communist Party of China (CPC), which deliberated and approved the 14th five-year plan (FYP) and the 2035 vision plan, clearly stated that the People’s Congress should strengthen the supervision of the government, the committee and the two houses and Improve the supervision power, the judicial power, the operation of the procuratorial power and the supervision mechanism. ”
“We can see that the operation of the supervisory power as a public power should be restricted, which is determined by the nature of the power itself and is also a clear request from the central government. In the past, the court, procuratorate and supervisory committee should change the way of coordination and cooperation, and the institutional arrangement of supervision and restriction still needs to be strengthened”, said Xie.
He claimed that the next plan is to put forward the construction of supervision theory, summarize the experience and problems in practice and put forward the suggestions of system innovation.
After that, the scholars conducted an in-depth discussion on three topics, including the Basic Principles and System Construction of the Supervision Law, the Effectiveness, Problems and Outlet of the Supervision Procedure and the “Connection between Discipline and Law, Law and Law” and the Ways and Means of Supervising and Restricting the Supervisory Committee.
Xie Zhiyong summed up the results of the discussion, pointing out that this symposium focused on the supervision on the supervisory organs and the theory and practice of supervision from theoretical, practical and procedural aspects. The topics were well chosen and the discussions were in-depth and sufficient. The perspectives of experts and scholars were diverse and distinctive, and they had a professional height. It was a fruitful seminar combining theory with practice. In addition, the inter-school and inter-departmental joint organization of meetings was more conducive to discussion and exchange, which led to more significant results.
Apart from that, six doctoral students and more than a dozen master’s students from the Dongbei University of Finance and Economics and CUPL participated in the conference, forming a sound circle that scientific research drives and supports both personnel training and teaching.
