论国家监察对象的识别标准

On the Identification Standards of National Supervisory Object

我国《宪法》最新修改以后,监察委员会应运而生,成为了宪制机关,形成了新时代"一府一委两院"的国家治理新格局。国家监察的对象是所有行使公权力的公职人员,我国《监察法》第十五条列举式规定了国家机关、执政和参政议政党派机关、人民团体、基层群众性自治组织等中依法履行公职的人员为监察对象,确立了"公权力"与"公职人员"这两大识别监察对象的标准。该条款采用列举式规定并不周延,不能穷尽所有依法行使公权力履行公职的人员,而国家监察全覆盖已经超越了对传统"公权力"的理解,是包括公权、公职、公务、公财等实质要件为要素组合所构成的一种新型公权力。具体判断一个人是否属于国家监察的对象,要综合运用这四个要素标准来进行识别。

Under the new constitutional order, the Supervisory Committee has been established as one of the constitutional organs, thus a new pattern of state governance consisting of "One Government, One Committee and Two Yuan (the Court and the Procuratorate)" is formed. The national supervisory object includes all public officials who exercise public power. Article 15 of the Supervision Law stipulates by enumeration that the staffs of state organs, the governing party and parties participating in state affairs, people's organizations, self-governing mass organizations at gross-root level who perform public duties by law should be exposed to supervision. Accordingly, two standards for identifying the object of national supervision become clear: public power and public officials. However, this provision through enumeration is not exhaustive and fails to cover all who exercise public power and perform public duties by law. Even further, the full coverage of national supervision means that the public power is beyond the traditional understanding and should be an unprecedented type composed of essential elements ranging from traditional public power, public duty, public affairs to public property. Therefore, to specifically determine whether a person falls within the scope of state supervisory object, it is necessary to comprehensively apply the aforesaid four elements to make an identification.