Zhiwei Tong (童之伟) remains one of the most innovative scholars of constitutional law in China. Professor Tong has been developing his thought in part in a essay site that was started in 2010. See, Larry Catá Backer, Introducing a New Essay Site on Chinese Law by Zhiwei Tong, Law at the End of the Day, Oct. 16, 2010. Professor Tong is on the faculty of law at East China University of Political Science and Law. The Series continues.
Professor Tong recently published an excellent essay on China's State Supervision Law draft legislation. That essay, "国家监察立法预案仍须着力完善 The State Supervision Law Legislation Need Further Improvement," was published by Zhengzhi yu falv 《政治与法律》 [Politics and Law] Vol 10, 2017. The essay examines the thrust of the reform legislation and offers a roadmap for improvement. That road map itself provides a masterful analysis of the evolving and dynamic state of Chinese constitutional thought. A more concise version of the article was originally published on line in Chinese. The English translation of the Draft Supervision Law (courtesy of China Law Translate) can be accessed HERE; 中国语言 version HERE.
Professor Tong has given me his permission to publish an English translation of that essay, more accessible to Western audiences. It appears below along with the original Chinese language version. My thanks to Dr. GAO Shan for his excellent translation.
Abstract: With intensive studies and researches on promoting the legislation of the state supervision system, Chinese legal academics have reached common consensuses on some legal issues. However, for major political reform such as state supervision system, we shall remain cautious and diligent without being unnecessarily hasty. Perhaps it is appropriate to consider delaying the vote for the new state supervision law from the next National People’s Congress to 2019 or even later. If the timetable for state supervision law legislation planning and the required constitutional amendment had already been set by the authority, it is understandable for following the plan without any delay. In that case, I would recommend for a comprehensive state supervision law legislation that includes “how the agency organized,” “jurisdiction of the agency” “procedure of the enforcement” and the “enforcer of the law.” In addition, I proposed 14 points discussing how to improve the current legislation plan in the area of the forms of the law, the target of supervision, the jurisdiction, and accountability.