监察工作信息公开的逻辑构造与理念遵循

The Background,Logical Structure and Concept of Supervision Work Information Disclosure

监察工作信息公开是国家权力结构体系变革所衍生出的时代课题,其目的在于解决监察权运行过程中“谁来监督监督者”的难题,在逻辑、理念等方面尚未厘清,不仅严重影响了这一制度本身的正当性、规范性和有效性,且加剧了理论与实践之间的张力。为确保监察权得以依法、理性、透明、负责任地行使,监察工作信息公开在公开范围层面应以最大限度公开理念为基本遵循,在公开程序、深度、时效性等层面应以依法、及时公开、准确公开等为实践遵循,且二者相冲突时应恪守基本理念优于一般理念的关系处理规则。

The disclosure of information on supervision work is a topic of the times derived from the reform of the state power structure system,and the purpose of establishing the supervision work information disclosure system is to solve the problem of“who will supervise the supervisors”in the operation of the supervision power,but the facts that have not yet been clarified in terms of logic and concept seriously affect the legitimacy,standardization and effectiveness of the system itself,and aggravate the tension between theory and practice.After analyzing the generation mechanism of the system,it can be derived that the legal system integrating people’s sovereignty,citizens’right to know,international cooperation against corruption,and supervision of the rule of law provides constitutional logic,rights logic,international law logic,and rule of law logic support for the legitimacy of its system,respectively.In order to ensure that the right of supervision can be exercised in accordance with law,rationally,transparently,and responsibly,the disclosure of supervision work information should be based on the concept of maximum disclosure at the level of disclosure scope,and the principle of lawfulness,timely disclosure,and accurate disclosure should be followed in practice at the level of disclosure procedures,depth,timeliness,and so forth,and when the two conflict,the rules for handling the relationship between basic concepts over general concepts should be strictly observed.