论监察委员会的双重属性及其制度优势

On the Dual Attributes and System Advantages of the Supervisory Committee

自国家监察体制改革以来,围绕监察委员会的属性,形成了不同的观点。改革者强调监察委员会具有政治属性,是政治机关;而学术界认为监察委员会具有法律属性,是国家机关。从“政治/法律”的二分法出发,监察委员会具有政治属性和法律属性双重属性,这决定了监察委员会不仅要遵循政治逻辑即旗帜鲜明地讲政治,还要遵循法律逻辑即严格依法行使监察权。监察委员会的双重属性具有显著的制度优势,有利于突出党的领导的政治优势,有利于实现党内监督与国家监察的有机统一,有利于推进国家治理现代化。

Since the reform of the national supervision system,different views have been formed around the nature of the supervisory committee.The reformers emphasized that the supervisory committee was a political organ with political attribute,while the scholous believed that the supervisory committee had legal attribute and was a state organ.Starting from the dichotomy of"politics&Law",the supervisory committee has the dual attributes of political and legal attributes,which determines that the supervisory committee should not only follow the political logic,that is to speak clearly about politics,but also to follow the legal logic,that is to strictly exercise the supervision power according to law.The dual nature of the supervisory committee has significant institutional advantages,which is conducive to highlighting the political advantage of the party's leadership,realizing the organic unity of the party's supervision and state supervision,and promoting the modernization of national governance.