论监察措施的法律规制

On the legal regulation of Monitoring measures

规范运用《监察法》规定的监察措施,是法治反腐的重要体现。监察机关监察措施的使用必然涉及对公民人身、财产等基本权利的限制,必须对其进行规制。遵循注重保护相对人权利、保障人权与打击腐败兼顾及立足国情等基本原则,从完善监察措施适用条件及适用程序、健全责任追究机制等方面对监察措施进行规制,以期更好地深化国家监察体制改革,推动依法反腐工作的良性发展。

Standardizing the use of the monitoring measures stipulated in the Supervision Law is an important manifestation of the rule of law against corruption. The use of supervisory measures by the supervisory authority necessarily involves restrictions on the basic rights of citizens, such as the person and the property, which must be regulated. Following the basic principles of emphasizing the protection of the rights of the counterpart, protecting human rights and combating corruption, and basing on the national conditions, China should regulate the monitoring measures from the aspects of improving the applicable conditions and applicable procedures of monitoring measures and improving the accountability mechanismin order to better deepen the reform of the national supervision system and promote the sound development of anti-corruption work according to law.