论法治视野下监察委员会体制的构建
发布时间：2018-10-21 16:18
【摘要】：作为惩治职务犯罪的机构,理想化的监察机构必须具有职权集中性、地位独立性、管理垂直性、权力广泛性等特点。然而,在我国部分地区试点中的监察委员会却与这个理想模式有较大距离:没有将所有负有监察职能的机构合并进来;在管理体制上还存在着受地方制约以及难以保证监察委员会在人财物方面的独立性等不足。为此,必须在监察体制上进行大幅度的全新改造:将纪委以及审计机关中的监察职权整合到监察委员会之中;对监察委员会实行完全独立的垂直的领导,使之完全摆脱对地方的依附;要赋予监察委员会以更大的监察职权,尤其是对职务犯罪的调查职权;与此同时,要设计一套对监察委员会进行监督的机制,并通过立法的方式使监察委员会的构建法治化。
[Abstract]:As an institution for punishing duty crimes, the idealized supervisory organization must have the characteristics of centralization of powers, independence of status, perpendicularity of management, extensiveness of power, etc. However, the supervisory committee in some regions of our country is far from this ideal model: it does not merge all the institutions with supervisory function; There are also deficiencies in the management system, such as local constraints and difficulties in ensuring the independence of the supervisory committee in terms of personal and property. To this end, it is necessary to carry out a radical new reform of the supervisory system: to integrate the supervisory powers of the discipline Inspection Commission and the audit institutions into the supervisory committee; and to exercise completely independent vertical leadership over the supervisory committee. It should be completely removed from its dependence on the local authorities; the supervisory committee should be given greater supervisory powers, especially with regard to the investigation of job-related crimes; at the same time, a mechanism for monitoring the supervisory committee should be devised. And through the way of legislation to make the construction of the supervisory committee rule of law.
【作者单位】： 河海大学法学院;
【分类号】：D917.6
，
本文编号：2285669
[Abstract]:As an institution for punishing duty crimes, the idealized supervisory organization must have the characteristics of centralization of powers, independence of status, perpendicularity of management, extensiveness of power, etc. However, the supervisory committee in some regions of our country is far from this ideal model: it does not merge all the institutions with supervisory function; There are also deficiencies in the management system, such as local constraints and difficulties in ensuring the independence of the supervisory committee in terms of personal and property. To this end, it is necessary to carry out a radical new reform of the supervisory system: to integrate the supervisory powers of the discipline Inspection Commission and the audit institutions into the supervisory committee; and to exercise completely independent vertical leadership over the supervisory committee. It should be completely removed from its dependence on the local authorities; the supervisory committee should be given greater supervisory powers, especially with regard to the investigation of job-related crimes; at the same time, a mechanism for monitoring the supervisory committee should be devised. And through the way of legislation to make the construction of the supervisory committee rule of law.
【作者单位】： 河海大学法学院;
【分类号】：D917.6
，
本文编号：2285669
本文链接：https://www.wllwen.com/shekelunwen/minzhuminquanlunwen/2285669.html
