监察讯问的法治化:标准形塑与进路构设

The Legalization of Supervision and Interrogation:Standard Shaping and Route Constructing

法治化是新时代监察工作的鲜明特征。作为重要的监察措施,监察讯问法治水平是监察工作法治化程度的缩影。契合监察规律、有效的权力制约、对核心人权的保障等品格构成衡量监察讯问法治水平的评价标准。监察体制改革释放的制度红利推动监察讯问的理念及实践层面的法治进展。然而,监察调查对被讯问人权利克减的法治边界不明,监察讯问的非法证据排除的规则标准严苛以及监察工作人员职务容错机制缺失等方面均成为制约监察讯问法治化水平的短板。对此,应当明确监察调查克减被调查人权利的法治边界,优化监察讯问的程序构造,再造监察讯问的非法证据排除规则,形塑监察工作人员职务容错机制,从而确保监察讯问始终在法治的轨道上运行。

The rule of law is the distinctive feature of the supervision work in the new era.As an important supervision measure,the level of supervision and interrogation under the rule of law is the epitome of the degree of legalization of the supervision work.The evaluation standard of the level of the rule of law in the supervision and interrogation is composed of the conformity to the law of supervision,the effective restriction of power and the guarantee of the core human rights.The system dividend released by the reform of the supervisory system promotes the progress of the rule of law in the concept and practice of supervision and interrogation.However,the boundaries of the rule of law with regard to the derogation of the rights of persons questioned by the supervision and investigation staff are unclear,the strict rules and standards for the exclusion of illegal evidence in supervision and interrogation and the absence of fault-tolerant mechanism for supervision staff have become the weak points restricting the level of the rule of law in supervision and interrogation.In this regard,it is necessary to clearly define the legal boundaries of supervision and investigation staff in derogating the rights of those under investigation,optimize the procedure structure of supervision and interrogation,re-establish the exclusionary rule of illegal evidence in supervision and interrogation,develop a fault tolerance mechanism for supervisory staff and thereby ensure that supervision and interrogation always operate on the track of the rule of law.