国家监察体制需要直面的问题及深化改革建议

Problems of National Supervision System and Suggestions to Deepen the Reform

国家监察体制改革是事关全局的重大政治改革,是中国共产党破解“历史周期率”、赢得人心向背的重大举措。全面改革推广以来,已经显示出多方面成效。当前,国家监察体制改革配套制度尚未健全完善,特别是监委的政治机关属性与司法调查职能的对立冲突,让人们质疑监委会不会选择性执法,担忧自由裁量致使处理结果畸轻畸重,担心缺乏司法制衡带来冤假错案。针对改革中出现的问题,建议采取明晰监委与纪委职责衔接边界、赋予国家监委充分的立法权限、严密规范监委执法程序、增加监委必要的执法权限、加强对监委的监督约束等5项举措予以解决。

The reform of The state supervision system is a major political reform concerning the overall situation and a major measure taken by the Communist Party of China to break“the law of historical cycle”and win the hearts of the people.Since the reform was carried out in an all-round way,it has shown many achievements.At present,the supporting system of the reform of the national supervision system has not been perfected,especially the conflict between the attributes of the supervision commission as a political organ and its function of judicial investigation,which makes people question whether the supervision commission would selectively enforce the law,worry that the discretion will lead to the extreme lenience or mercilessness of the results,and worry that the lack of legal check and balance will lead to unjust cases.Given the problems in the reform,it is suggested to take five measures to solve these problems:clarifying the boundary between the responsibilities of the supervision commission and the discipline inspection commission,giving the national supervision commission sufficient legislative authority,strictly regulating the law enforcement procedures of the supervision commission,increasing the necessary law enforcement authority of the supervision commission,and strengthening the supervision and restraint of the supervision commission.