国家机构“报告工作”的宪法分析——兼论监察委员会“报告工作”问题

A Constitutional Analysis of the Work Report of State Organs——On Supervisory Committee's Work Report

国家机构报告工作是权力正当性和民主性的一个基本体现,报告工作须符合国家机构所行使职权的性质和具体情况。《宪法》对不同国家机构报告工作分别作了不同的规定。要求各级行政机关和人大常委会报告工作没有问题,但《宪法》未要求国家主席和中央军事委员会报告工作和接受监督则不符合其所行使职权的性质和行使职权的实际情况;人民法院不报告工作既符合司法权的性质,也符合《宪法》未规定法院报告工作的精神实质,实践中要求法院报告工作已经衍生出一些问题;检察院常常被与法院相提并论,但检察权就性质而言实质上是行政权的一部分,检察机关应当报告工作。新设立的监察委员会所行使的权力属于行政性权力。

The work report of the state organs reflects the basic characteristic of the legitimacy and the democracy of state power. It should conform to the nature and reality of the power of the state organs. The Constitution of the People＇s Republic of China stipulates differently on the work report of different state organs. It has no problem to ask people＇s governments and the standing committees of People＇s Congress at various levels to report on their work;but the Constitution doesn＇t ask the president of the People＇s Republic of China and the Central Military Commission to report on their work and receive supervision, which is incompatible with neither the nature of their power nor the reality. The fact that people＇s courts are not required to report on their work also conform to both the nature of judicial power and the spirit of the Constitution. But in reality, there have been a series of problems deriving from the work report of people＇s courts. People＇s procuratorates usually are treated in the same way with the people＇s courts, but actually the power of people procuratorates is a part of administrative power, so people＇s procuratorates should be asked to report on its work. The power of the newly - established supervisory committees is also a kind of administrative power, and supervisory committees should not have the constitutional status higher than people＇s courts and people＇s procuratorates. So in the future when the Constitution will be amended, the supervisory committees should be asked to report on their work, which should also be an important mode to supervise the supervisory committees.