国家监察体制改革中纪法衔接的问题与应对

Problems and Solutions of the Connection between the Party's Discipline and the National Lawin the Reform of the National Supervisory System

推进党纪与国法的有序衔接是深化国家监察体制改革的重要内容。从党纪与国法互动的历史轨迹来看,以国家监察体制改革为分水岭,呈现出由“纪法分离”到“纪法衔接”的变迁。理解纪法衔接的内涵,要准确把握党纪与国法关系的三个面向:党纪与国法之间存在界限,不能混淆;纪在法前,纪严于法;运用法治思维和法治方式一体推进执纪执法活动。“严而不厉”是纪法衔接的政策基础,纪委监委合署办公为纪法衔接提供了组织保障,综合运用监督执纪“四种形态”是纪法衔接的规则指引。当下纪法衔接面临的主要问题是纪法规范的科学性有待提升、立案审查调查的一体化以及处置上存在“以纪代法”和“以罚代刑”现象。为此,需要从完善纪法规范、强化纪法界限意识、坚守法治原则、适度分离立案审查调查程序等方面加以应对。

Promoting the orderly connection between the Party's diseipline and the national law is an important part of deepening the reforn of the national supervisory system.Judging from the historical interaction between the Party's discipline and the na-tional law,and regarding the reform of the national supervisory system as the watlershed,there is a transition from“the separa-tion of the Party's discipline from the national law”to“the connection between the Party's discipline and the national law”.The implications of the connection between the Party's discipline and the national law find expression in a correct understanding of the three aspects of the relationship between the Party's discipline and the national law:there is a boundary between the Party's discipline and the national law with their respective features;the former comes first and is stricter than the latter;there should be integrated approaches to the implementation of the Party's discipline and the enforcement of the national law based on the idea and means of nule by law.The policy foundation of the connection between the Party's discipline and the national law is called“strict but not rigid”,and the shared office of the Comission for Diseipline Inspection and the Commission for Supervision pro-vides its organizational basis,and the rule-related guidance is the integrated application of the“four forms”of supervision and discipline enforcement.At present,the main problems concerning the connection between the Party's discipline and the national law are as follows:the scientificity of the relevant disciplines and laws needs improvement,there is much need for the integra-tion of case-filing investigations,and there exists the practice of“replacing law with discipline”and“replacing criminal punish-ment with a fine”.The solutions include the following:it is necessary to improve and standardize the relevant disciplines and laws,enhance the awareness of the boundaries between disciplines and laws,adhere to the principle of the rule of law,and ap-propriately separate the procedures of case filing investigations.