宋代国家治理中的监察机制

Supervision Mechanism in State Governance in Song Dynasty

宋代形成了纵横交错的严密监察网络体制,其监察官群体具有较高的法律文化、政治素养和监察能力,已呈现出职业化趋向。宋代监察权在对行政、司法权形成有效制衡的同时,自身亦受到反察监督。宋代监察权根源于君权和公议之间,成为国家长治久安、政治清明和官民和谐的元气所在。宋代监察权运作机制中蕴涵的相对独立性、权威性、制衡性以及民本性、权责一致性等诸多内源性法理,均可进行创新性发展、创造性转化,能够为构筑“中国之治”提供本土监察文化资源。

In Song Dynasty a criss-cross system of strict supervision network was formed,and the supervisor group had a high legal culture,political literacy and supervision ability,showing a trend of professionalism.The supervisory power in Song Dynasty formed effective checks and balances in the administrative and judicial power,and at the same time,it was subject to supervision and restriction itself.The supervisory power in Song Dynasty was rooted in the relationship between monarchical power and public opinion,and became the vigour of the country’s long-term stability,political integrity and harmony between officials and the people.The relative independence,authority,checks and balances which were contained in the operation mechanism of supervision power in Song Dynasty and the various endogenous legal principles such as nature of being people-oriented and consistency of rights and responsibilities can be innovatively developed and creatively transformed,and provide local supervision cultural resources for the construction of"the governance of China".