中国特色监察法治体系论纲

The Study of Supervisory System with Chinese Characteristics

在法理上,国家监察机关的宪法地位、组织结构、职权内容和程序设置等构成了国家监察法治体系的核心内容。国家监察机关由国家权力机关产生、受权力机关监督、对权力机关负责,并构成了独立于行政机关和司法机关之外的专责监察的国家机关,受此影响,必须修改宪法以确认其宪法地位。就其组织体系而言,应当明确监察机关双重领导之体制和集体决策之法则,形成以办案组织为核心的监察机关内设机构体系;就其职权体系而言,应当通过列举加概括的方式明确监察委员会之职权构成和权限范围;就其运行程序而言,应当明确正当程序和人权保障的基本原则,并对各类监察措施之适用条件、审批程序、适用期限、监诉衔接等内容作出专门规定。

From the perspective of system construction, the constitutional status, organizational structure, powers and procedural arrangements of the commission are important issue in the construction of the supervision by law. On the basis of clearly monitoring the Commission and the organs of power and other state organs, the nature of its organ be directly defined as the supervisory organ, and its constitution be fully revisited to grant it as a state organ Related rights and obligations of the obligation. In terms of the organizational system, we should first define the basic organizational system for dual leadership system and collective decision-making, construct the internal~ agency of the supervisory organ with the organization of case handling as the core, and put forward the basic framework and elements of the supervisory organ system. In terms of authority system, the powers of the Commission are divided into two categories： specific authority and abstract authority, and the specific design issues of supervision, investigation and disposal of the three powers are mainly discussed. For the establishment of the monitoring procedure, the basic principle and basic system of the exercise of supervision power are put forward. Through the classification of its twelve authority means, a targeted program control plan is put forward. Finally, the connection between the monitoring procedure and the criminal justice system The problem was classified study.