论对国家监察权的制约与监督

On Restriction and Supervision Over the Power of National Supervisory Commission

国家监察权同样存在被滥用和发生腐败的可能,必须予以制约和监督。对国家监察权的制约与监督应当遵循有利于国家监察权的依法独立行使、国家制约与社会监督并重、外部制约监督与内部制约监督相结合以及依法制约与监督的原则。对国家监察权的制约与监督包括执政党的监督,国家权力机关、司法机关的制约与监督,社会组织和社会舆论、公民个人的监督,以及国家监察机关自身的制约与监督等几种,并依主体的不同而需采取不同的方式和程序。为保障对国家监察权制约与监督的顺利进行,还需要配套采取大力推进监察信息公开、保障检察权审判权的依法独立行使以及保障律师在国家监察机关的调查活动中依法执业的权利等措施。

There is possibility that the power of National Supervisory Commission could be abused and corrupted,which makes restriction and supervision over it a must. In terms of restriction and supervision over the Commission's power,principles that shall be followed include: being conducive to independent operation of the power in compliance with law; stressing both on state restriction and social supervision; combining outside and inside restriction and supervision; conducting restriction and supervision according to law. The way to carrying out restriction and supervision over the Commission's power is inclusive of supervision by the ruling party,restriction and supervision by national legislature and judiciary authorities,supervision by social organization,public opinion and individual citizen,as well as restriction and supervision by the Commission itself. Manners and procedures thereof shall be different for different subject. To secure a smooth operation of restricting and supervising the Commission's power,supporting measures shall be adopted such as follows: vigorously advancing disclosure of supervisory information,ensuring independent execution of procuratorate power and judicial power,as well as guaranteeing lawyers' lawful practicing rights throughout the investigatory activities conducted by National Supervisory Commission.