论《监督法》的立法完善

On the Legislative Improvement of the Supervision Law

《监督法》的实施使我国监督法治生态发生了积极变化,但并没有完全实现其立法期待。因此,需要从立法的角度思考《监督法》的完善。一是增设"法律责任"的专门规定,对监督对象与监督主体法律责任的适用条件及其责任形式作出"直接且明确"的规定。二是完善监督公开的制度设计,实现以公开为原则以不公开为例外、以主动公开为原则以申请公开为例外、以实时公开为原则以事后公开为例外、以实质公开为原则以形式公开为例外的基本要求。三是创设观审制等新的监督制度。

The implementation of Supervision Law has made a positive change of China＇s ecology of supervision rule of law.However,it doesn＇t fully realize the legislative expectation.As a result,we should reflect upon the improvement of Supervision Law in the perspective of legislation.Firstly,we should supplement the special provision of legal responsibilities,in which to directly and clearly stipulate the application conditions and the forms of responsibility of the legal responsibility of the supervision object and supervision subject.Secondly,we should perfect the institutional arrangement of the open supervision,whose basic requirement is that we should choose open supervision as its principle with the exception of non-openness,active openness as its principle with the exception of openness in terms of application,timely openness as its principle with the exception of openness after the event,essential openness as its principle with the exception of formal openness.Lastly,we should create such new supervision institutions as system of observation on trial.