监察过程中的公安协助配合机制

Mechanism for the Assistance and Cooperation from Public Security Organs in the Process of Supervision

基于监察法授权的不完整性与非对称性,监察机关必须借助公安机关等执法部门的协助配合,方能充分行使监察职能,履行监察职责。较诸其他执法机关,公安机关的协助配合对于监察职能的有效行使尤为重要。构建科学有效的警监协助机制,在监察法治体系建设中居于基础地位。在规范意义上,构建警监协助机制应基于"互相配合,互相制约"的宪法原则,明确协助配合的事项范围,规范协助配合之申请、审批、执行等程序机制,厘定协助配合之管辖、法律适用、人员经费以及责任分配等配套机制。现阶段,鉴于制度供给的阙如,警监协助工作只能通过出台较低位阶的规范性文件予以调试。为长远计,有必要制定监察程序法,修改警察法等相关法律,并出台配套的法律法规,逐步形成权威、高效、完备的监察协助配合机制。

Because of the incompleteness and asymmetry of the authorization by the Supervision Law,supervisory organs can fully exercise their supervisory functions only with the assistance and cooperation from public security organs and other law-enforcing organs.Compared with those from other law enforcement organs,assistance and cooperation from public security organs will be especially important for the effective exercise supervisory functions.Under this circumstance,the construction of a scientific and effective mechanism for assistance and cooperation between public security and supervisory organs will play a fundamental role in in the construction of the supervision legal system in China.From the normative perspective,China should abide by the constitutional principle of"cooperation and mutual check",clearly define the scope of assistance and cooperation,standardize the procedures for the application,approval and execution of assistance and cooperation,and establish such supporting mechanisms as those relating to the jurisdiction,application of the law,personnel,expenditure,and distribution of responsibilities in the construction of this mechanism.At the current stage,in view of the absence of institutional supply,the assistance and cooperation between public security and supervisory organs can only be regulated by some low-order normative documents.From the long-term point of view,it is necessary to formulate the Supervisory Procedural Law,modify the Police Law and other related laws,and adopt supporting laws and regulations,so as to gradually develop an authoritative,effective,and complete supervisory assistance and cooperation mechanism.