人大监督与监委监督的区别分工和衔接配合

Division of Labor and Cohesive Cooperation Between Supervision of the National People’s Congress and the Supervision of the Supervision Commission

在监察委员会成立后,国家监督体制被重新整合,形成了人大监督国家机关和监委监督公职人员的二元监督体制。在新体制下,人大监督与监委监督既有区别分工,又要衔接配合。人大监督与监委监督的区别分工主要表现在监督对象、监督内容、监督标准、监督形式以及监督的法律后果等方面。人大监督与监委监督的衔接配合主要表现在人大监督与监委监督的交织点上,即人大监督中发现的公职人员违法犯罪的问题线索要移送监委调查处置;监委对由人大产生的单位提出监察建议要征得人大或人大常委会同意;监委对由人大产生的国家公职人员的问责或其它处置要先提请人大或人大常委会审批,由人大或人大常委会先行相关处置。同时,必须以新体制为契机,以《修正案》和《监察法》为依据,总结《监督法》实施十三年来的经验与教训,修订完善《监督法》。

After the establishment of the supervision commission,the state supervision system was reintegrated,a dual supervising mechanism of the National People’s Congress and the Supervision Committee for government employees having come into being.There should be division as well as connection and cooperation between the two within the dual mechanism.Their division is mainly reflected in the object,affairs,standards and form of supervision and related legal consequences.Their cohesive cooperation is mainly manifested at the handover point of the supervision,i.e.clues of crimes committed by public employees found by National People’s Congress should be transferred to the Supervision Commission for investigation;Supervision opinions proposed by the Supervision Committee on organizations produced by National People’s Congress should be approved by the Congress or its standing committee;The Supervision Committee should obtain approval from National People’s Congress or its standing committee when claiming accountability on government employees elected by the Congress for it to take prior measures.Parallel to that,taking advantage of the new mechanism,the Supervision Law is to be modified and perfected by summarizing the experience and lessons learned during the thirteen years of the implementation of the Supervision Law based on the Amendments and the Supervision Law.