腐败行为的政府内监管研究

Intra-governmental Supervision on Corruption in China's Mainland:A weakened mechanism of corruption governance

腐败行为政府内监管是指监察机关、预防腐败机关、公职人员主管机关、国家公务员管理机关及审计机关等依照行政法律规范来预防和治理公职人员腐败的行为。目前被公众知悉的腐败行为多属于政党治理和司法治理范畴,政府内监管因其内部行政行为的属性往往导致公开性不足,此外政府内监管还一定程度上存在监管主体局限性、监管事由不完备、行政自由裁量权过度、监管机制封闭等问题。应该明确腐败行为政府内监管的主体及其职责、完善监管的事由、深化监管的措施,以充分发挥监管实效。

Intra - governmental supervision on corruption is the set of actions within administrative regulations used to prevent and govern the government civil servants＇ corruption via administrative organs. Organs such as the supervision organ, corruption prevention organ, competent authority of civil servants organ, national civil servants organ, and auditing office all serve a function in corruption governance. Currently, most instances of corruption known by the public belong in the categories of party governance and judicial governance. However, unlike the two above - mentioned categories, intra - governmental supervision is still lacking openness because of internal administrative actions. Moreover, intra - governmental supervision also has imperfections such as the limitations of supervision subject, the incompleteness of supervision motives, the exorbitance of administrative discretion, and the closed - door nature of the supervision mechanism. Therefore, in order to maximize the effect of intra - governmental supervision on corruption, the subject and the mechanism should be clarified, the motives for its use should be rationalized, and the techniques for its implementation should be optimized.