法治中国建设中监察权运行机理的法理诠释与实践展开

Legal Interpretation and Practice of Supervisory Power Operation Mechanism in Construction of Rule of Law in China

2018年《宪法修正案》确立各级监委的监察权,以及《监察法》《公职人员政务处分法》《监察官法》和《监察法实施条例》等监察法律法规的相继出台,是党的十八大以来党领导全面依法治国的重大创新实践。监察法治的创新实践可以从深厚的中华历史文化传承、社会主义国家政权建设人民监察思想和法治中国建设中反腐败事业的开创举措等维度进行运行机理的法理诠释。监察权的运行实践中尚存在多维主体认知惯习依赖、法法衔接阻碍不畅和质效评价滞后低效等亟待解决的问题。因此,应坚持以习近平法治思想为指引,不断提升多维主体的法治认知、及时修改相关法律法规,积极建构高效透明的质效评价机制。

In 2018,the Fifth Amendment to the Constitution established the supervisory power of the supervisory commissions at all levels,followed by the promulgation of supervisory laws and regulations such as the Supervision Law,the Law on Administrative Punishment for Public Officials,the Law on Supervisors,and the Regulations on the Implementation of the Supervision Law,which is an innovative practice of supervision and rule of law in which the Party’s leadership has comprehensively governed the country according to law.The legislative act of establishing supervisory power through constitutional amendment under the leadership of the Communist Party of China can explain the operation mechanism in terms of the profound Chinese historical and cultural inheritance,the reference of the theory of socialist state power and the pioneering measures of anti-corruption in the construction of the rule of law in China.Specific to the practice process of supervisory power operation in the construction of rule of law in China,there are still some problems that need to be solved.