监察调查运行中的双重制约因素及其克服

The double restricting factors in the operation of supervisory investigation and its overcoming measures

监察体制改革后的纪检监察机关在领导体制、工作重心、运行模式等方面均有别于以往的反腐败机构。监察机关在监察调查工作中克服了原反腐败工作中的诸多弊端,但监察调查运行中存在的双重制约因素在实践中也逐渐凸显出来,其中理念层面"口供中心主义"的办案传统未实际转变,"一体化"的纪检监察调查理念未有效树立;实践层面则表现为监察调查工作缺乏保障性措施和留置执行场所的设置欠妥等问题。为深入推进监察体制改革,确保监察调查工作的高效性,调查人员应积极树立适用新体制、新要求的监察调查法治理念;在制度设计层面,需要制定层级性的监察调查保障性措施和设置专门的留置场所。

After the reform of the supervision system,the discipline inspection and supervision organs are different from the previous anti-corruption organs in their leadership system,work focus and operation mode.Many shortcomings of the original anti-corruption work have been overcomed during the supervision and investigation work,but the existence of the dual restrictive factors has gradually become prominent in practice.From the conceptual level,the tradition of "oral confession centralism "in handling cases has not actually changed,and the concept of "integrated"discipline inspection,supervision and investigation has not been effectively established. On the practical level,there are some problems,such as the lack of security measures in the supervision and investigation work and the improper setting of the place for the execution of lien. In order to further promote the reform of supervision system and ensure the high efficiency of supervision and investigation,investigators should actively establish the rule of law concept of supervision and investigation applicable to the new system and new requirements. At the same time,at the level of system design,it is necessary to formulate hierarchical supervision and investigation security measures,and set up special places for the execution of lien.