Tuesday, February 20, 2018

Constitution Reform Proposal Sub Section 3.3.1: The Government Monitoring Senior Committee.


(A)
The Government Monitoring Senior Committee got the authority to conduct censure, impeachment and audit. The Government Monitoring Senior Committee should have thirty-two members, including a Senior Committee Chairman, a Senior Committee Vice Chairman, ten Class A Government Monitoring Senior Committee Member, ten Class B Government Monitoring Senior Committee Member and ten Class C Government Monitoring Senior Committee Member.

(B)
The Class A Government Monitoring Senior Committee Member should serve a term that expires upon the end of the second year of the Class B Government Monitoring Senior Committee Member, which should expire upon the end of the fourth year of the Class C Government Monitoring Senior Committee Member. The Class C Government Monitoring Senior Committee Member and the Government Monitoring Senior Committee Vice Chairman, should serve a six years term.

(C)
The Human Resource Chancellor should be the Chairman of the Government Monitoring Senior Committee, other members of the Government Monitoring Senior Committee should be appointed by been a candidate propose by the Chairman of the Government Monitoring Senior Committee and agreed upon by the Senate or House of Representative.

(D)
For the Government Monitoring Senior Committee to propose a case of impeachment towards a federal government human resource, local government human resource or a justice of the federal high court, it must first be proposed by at least two members of the Government Monitoring Senior Committee and investigate by a panel of at least nine Government Monitoring Senior Committee members, members of the panel should elect one of its member to become its chairman. after the panel complete the investigation it can decide to propose a case of impeachment, if felt necessary. But if the Government Monitoring Senior Committee is to propose a case of impeachment towards the Prime Minister, it got to be proposed by at least a quarter of all member of the Government Monitoring Senior Committee and investigate by a panel that include at least half of all Government Monitoring Senior Committee members, after the investigation, if the panel felt an impeachment proposal is necessary, it should announce it to the Parliament.

(E)
When the Government Monitoring Senior Committee is conducting any investigation, it should and can retrieve all orders and document relevant to the case. After the Government Monitoring Senior Committee completed an investigation it should make correction recommendation, such recommendation should be send to the House of Administration and any other relevant government organization. If the Government Monitoring Senior Committee felt the human resource been investigated has neglect his duty or has done something illegal, it should present correction recommendation or census, if it is related to criminal offense, the case should be sent to the judicatory branch of the Commonwealth government.

(G)
The Government Monitoring Senior Committee should have various Government Monitoring Committees, subject to it, in accordance to government monitoring needs, in reference to the government structure of the Commonwealth, each Government Monitoring Committee, should compose of nine members of the Government Monitoring Senior Committee, each Government Monitoring Committee should have a chairman elected by members of such Committee.

(H)
There can be no more than five members of the Government Monitoring Senior Committee that belongs to the same political party or union and the Government Monitoring Senior Committee must include members that is neither a member of a political party or union. Whenever, the Government Monitoring Senior Committee has up to five members of the same political party or union, any other person whom are member of such political party or union, must resign from such political party or union, before becoming a member of the Government Monitoring Senior Committee and if any existing member of the Government Monitoring Senior Committee want to become a member of such political party or union, he must resign from been a member of the Government Monitoring Senior Committee, before he can join the party or union.

(I)
When the Chairman of the Government Monitoring Senior Committee is absent or if the position is vacant, the Vice Chairman of the Government Monitoring Senior Committee should serve as Acting Chairman of the Government Monitoring Senior Committee. 

(J)
The Government Monitoring Senior Committee can have various police and civil agencies subject to it, to assist it in performing its duties, subject to this constitution, the nature of such agency, is determined by the law and the constitution of the Commonwealth, it should be subject to a panel of nine Government Monitoring Senior Committee members, which would oversight the agency, members of the panel should elect one of its member to be its chairman. The officer appointed to administer this agency should not be a member of the Government Monitoring Senior Committee and should

1. have no criminal record
2. not be a current official or personnel of the Armed Force of the Commonwealth 
3. be appointed by the chairman of such panel, which the agency is subject to and agree upon by such panel, if over five members of the panel agree, it is deem the panel agree, otherwise, it is deem as the panel does not agree and
4. be a Senior Official within this agency

A police agency of such should be known as a Jinyiwei Command Division錦衣衛指揮使司 policing agents of such agency should be known as a Jinyiwei錦衣衛. There should be at least one Jinyiwei Command Division.

Jinyiwei Command Divisions should be the primary law enforcement organization, for officials and General Personnel of the Commonwealth and other organizations working for the Commonwealth, in relation to such duties and subject to the Federal High Court and the Office of the Prime Minister, is the highest authority of such.

The broader mandate of a Jinyiwei and a Jinyiwei Command Division can also include,
1. Protecting the Prime Minister, Acting Prime Minister or Deputy Prime Minister
2. Protecting the Parliament
3. Assist in nation security duties
4. intelligent
5. counter intelligent
6. perform academic research and development in policing, detective, intelligent and counter intelligent skills and technology advancement. 
7. educate relevant organizations of the Commonwealth in policing, detective, intelligent and counter intelligent skills and technology advancement.

(K)
To ensure those who become Jinyiwei have the ethic and wisdom require to perform his duty. The broader mandate of a Jinyiwei must also be willing to receive continue practical and theoretical training and education as a policing, law enforcement and security expert. Those who become a Jinyiwei must have no criminal record.

This is because police incompetent and police unethical are frequently the main reason why innocent people goes to prison or guilty people get away for a crime they did and sometime contribute to the breach of national security. 

Also, considering, juries are not compose of professionals and sometime due to prejudice, fear of letting criminals getting away for committing notorious crime, compassion towards victim of notorious crime lead them to be trusting to those who claim to be victims of such or been trusting towards authority figure, the result is, despite a trial should be "innocent till proven guilty", sometime an accused become "guilty till proven innocent" to the jury, resulting in innocent people been found guilty of a crime, despite there are no sufficient evidence to prove his guilt or no evidence to prove his guilt, because the jury felt not having sufficient evidence to prove his innocent, thus, become a further reason why, police incompetent and police unethical is a frequent reason why innocent people goes to prison and guilty people get away for a crime they did.

(L)
The concept of the Jinyiwei Command Division and Jinyiwei is inspire by the

1. Jinyiwei Command Division錦衣衛指揮使司of the Ming Empire  (China and Eastern Manchuria 1368AC~1644AC)
2. the Navy Crime Investigation Service of the United States of America during the time where this constitution reform was made and
3. the Jinyiwei 錦衣衛 of the Ming Empire

and what make these dynasties a success.

(M)
Subject directly to the Office of the Prime Minister there can be at least one agency whose duty can include policing all Human Resource of the Commonwealth, including the Jinyiweis. Officer appointed to administer such agency, should be appointed by the Prime Minister. Such idea is created in reference to the Eastern Depot Agency 東廠 of the Ming Empire

(N)

In regards to what to do this section of this constitutional reform is also created in reference to the Control Yuan of the Republic of China 中華民國 (Taiwan) 















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