制约模式:监察机关与检察机关的关系模式思考

Restriction Mode: Thinking of the Relationship Mode between the Supervision Committee and Procuratorial Organ

在深化监察体制改革的背景下,有论者基于检察机关的监督主体地位认为,检察机关与监察机关之间的关系应为"监督模式"。从当下改革的理念、规范和实践情况来看,这一模式可能面临诸多挑战,未必能够发挥预期效果。"制约模式"在尊重监察机关在职权范围之内独立行使调查权的同时,通过检察机关依法行使审查起诉决定权和调查活动引导权,从而实现两机关之间的分工与制约。

Under the background of deepening the reform of supervision system,there are scholars holding the view that the relationship between the procuratorial organ and Supervision Committee should be ＂supervision mode＂,based on the procuratorial organ＇s status as supervisory subject. From the perspective of the current reform idea,regulation and practice,this mode may face many challenges and not be able to achieve the desired results. The ＂restriction mode＂with the property of power restriction respects the independent investigation power of the Supervision Committee within the scope of its authority; at the same time,the procuratorial organ exercises the decision-making power for review and prosecution and guidance power for investigation under certain circumstances according to law,in order to achieve the division of labor and restriction between the two organs. If this relationship mode works well,it will be helpful for the balance and comprehensive consideration of the objectives of effective anti-corruption,rule of law and trial centralism.