论监察留置适用规则的自洽

On Self-consistency of Supervision Lien Application Rules

留置作为一项监察调查权,是由监察机关独立行使的、针对人身自由的强制性限制措施,该性质的明确是监察留置得以自洽的前提和基础。因其内容的强制性,留置措施的规范设置及规则适用应坚守谦抑审慎的法治态度,在留置对象范围的设置上应以公职性作为界定标准;在留置适用的事实条件上应结合实践中的常见情形进行类型化、具体化、有针对性的标准设置,为实现留置规则的自洽进而推进监察法与相关法律法规的衔接提供更合理规范的操作标准。

As a power of supervision and investigation,lien is a compulsory restrictive measure for personal freedom,which is independently exercised by the supervisory organ.The clarity of its nature is the premise and basis of the self-consistency of supervision lien.Because of its mandatory content,the standard setting and rule application of lien measures should adhere to the modest and prudent rule of law attitude,and the setting of the scope of lien objects should take the nature of public office as the defining standard;As for the factual conditions of lien application,in order to achieve the self-consistency of lien rules and promote the connection of supervision law and relevant laws and regulations,it is necessary to carry out the standard setting of typification,concretization and pertinence according to the common situations in practice.