借镜与策进:复审、复核不加重处分原则在监察程序中的明确

Reflections on principles of re-examination and re-check without aggravating punishment

复审、复核是《监察法》赋予监察对象的救济性、程序性权利。为保障监察对象能够充分行使复审、复核权利,借鉴《刑事诉讼法》《行政诉讼法》《行政复议法实施条例》的上诉不加刑原则、起诉不加重原则和禁止不利变更原则,明确复审、复核不加重处分原则,进一步完善配套制度和指定承办机构,推动以法治思维和法治方式正风反腐,压实纪检监察机关依法用权、公正履职的责任,营造个案监督的监督局面。切实保障监察对象能够充分行使救济权利,保证其合法权益不受公权力侵犯。

Reexamination and re-check are the relief and procedural rights granted to the objects of supervision by the Supervision Law.In order that the objects under supervision can fully exercise their right of check or re-check,we will-with reference to the criminal procedure law,administrative procedural law and the regulations on the implementation of"the law of administrative appeal"and so on and so forth-clarify the relevant principles of no additional punishment and further improve the supporting system and designate the host organization,so as to push the rule of law in the anti-corruption campaign,to urge discipline inspection organs to perform their duties in a fair and responsible manner,and to create case supervision under each particular situation.We should ensure that the objects under supervision can fully exercise their right to remedy,and that their legitimate rights and inte-rests are not infringed upon by public powers.