法治视野下“两个责任”预防腐败路径探析

“Two-responsibility” implementation mode of preventing corruption under the perspective of rule of law

党风廉政建设中的"两个责任"预防腐败功能的实现与法治密不可分,其具有政党内部自律性与外部权威性;适用类似法律责任的"过错推定""牵连责任"追责原则;以"纪律处分"和"组织处理"为主要追责方式。"两个责任"要实现预防腐败功能不仅需要职权规范化、程序正当化、权责一致化等法治思维与法治逻辑指引,也需要具体制度的支撑。

The Two-responsibility System of Chinese Communist Party aims at establishing a clean government and preventing corruption, whose realization is, however, closely related to the rule of law. Under this perspective, the Two-responsibility Policy has such two functions as internal self-discipline and external authority, presuming the respondents＇ responsibilities on ＂the faulted＂ and ＂the related,＂ similar to legal liability, and taking the main penalties by discipline and by institution. Both to prevent and punish corruption, the Two Responsibilities not only require that powers be regulated, precedures be justified, power and accountability be integrated, but also need to be backed up by specific systems.