摘要
政治体制改革是事关权力运作及其限制问题的改革,因而必须对不同权力的性质有一个正确的认知与界定。我国国家公权力及其监督体系结构的现状与局限,主要表现为:全国人大及其常委会既是保障和监督宪法实施的机关又是行使立法权的最高权力机关而且还行使着对立法的监督权,但其对立法的监督权实际被虚置;国务院在行使行政权的同时也有一定的监督权,其中其监察部门的行政监察职权存在诸多体制机制障碍从而使其监督无奈、无力;在司法权领域,检察机关作为"法律监督机关"名实不符且存在着"同体监督"的现象,审判权则面临着独立公正的困扰和反腐败的无力。鉴于这些现实中的不足、局限与弊端,必须从顶层上重新设计好国家公权力运作的体系结构,完善和重塑现行国家公权力监督体系。就此,一是改革现行立法监督体制,实行立法权与监督权的分离,设立与全国人大常委会相并行的"法律监督委员会"承接宪法监督、立法监督和法律实施监督的职权;二是改革现行行政监察制度和检察制度,设立对行使国家公权力人员进行有效监督的国家监察委员会,同时通过多种法治化机制有效制约和监督监察权的行使;三是对国家监督权的监督则应体现监督的人民性。
Since the 18th National Congress of the Communist Party of China （CPC） made a comprehensive strategic plan for deepening reform, various institutional reforms have been fully advanced. During the reform of the current political system, not only the reform of the party＇s construction system, but also the reform of the administrative system and the judicial system have been proceeding, and even the reform of the state supervision system-the creation of a new system involving the change of state power structure is also being advanced. This ongoing institutional reform involves both the settlement and adjustment of state organizations, and the deepening problems; for example, the reallocation and control of state power is also being discussed. In order to put forward the reform plan systematically, ensuring the success of political system reform, we need to think about the issue of the disposition and restriction of the state public power, including the operation of the national public power in theory and practice, and the scientific state power structure system should be set up. In view of this, this article discusses the perfection of China＇s national public power supervision system from the background of the reform of the political system under the basic theory and practice of the national public power and its supervisory system. The theoretical premise of this paper is：in the political power system, there are different distinctions of powers. The first is the distinction between party power and state power. The Chinese Communist Party＇s leadership is within the power of the party, not in the category of state power. The party organization is not an organization handling national public power~ it is distinguished from the national public power organization as it does not directly exercise the national public power. The second is the distinction between public power and private power in the state power. State private power is based on the status of private law, and the national public power is the power of national organization and management of state affairs, including the maintenance of public order and the protection of people＇s well-being and other public power. The third is the distinction between national public power and social public power. The national public power is mainly owned and exercised by state organizations and thus mainly manifests itself as national public power, even though some social organizations also exercise a certain range of public power, which is called social public power. The power exercised by a political party or a social group generally belongs to the category of the public power. The fourth is the distinction between regime and power. The regime is the power of the people to manage the state and the government, and the power is the authority entrusted by the state organs to exercise the power of the law, which the people have the right to supervise. The main problems discussed in this paper are：What are the defects of the current public power supervision system in China from the perspective of the current power theory？ How should we build a scientific national public power supervision system？ How to deepen the reform of the existing power monitoring system？ How to change the present situation of the integration of the existing legislative system and the legislative supervision system？ How should the personnel exercising the national public power be supervised？ How should the supervision power be monitored？ Through the investigation of the status quo of the supervision of the state public power, there are some limitations and disadvantages of the current situation as below： Firstly, in the supervision of the state legislative power, the Constitution and the law have bestowed the NPC and its Standing Committee the power of the national legislative and the legitimacy ofpart of the administrative legislation and local legislation, including the right of constitutional review. These powers are operated by the National People＇s Congress and its Standing Committee exclusive, resulting in the integration of legislators and supervisors of the drawbacks, as well as the implementation of the Constitution and The supervision of the legislation was actually shelved. Secondly, the administrative supervision system and its implementation effect are more prominent when we talk about the supervision of executive power. In the existing administrative supervision system, there are systematic institutional obstacles and deficiencies. Thirdly, in the supervision of the judicial power, the procuratorate exercises the procuratorial power and the national legal supervision power, which result in the disadvantages of the ＂same kind of supervision＂ and the conflicts between the NPC and the procuratorate, challenging the authority of the trial. Therefore, it is necessary to reconstruct the scientific public supervision system of the state, to perfect the supervision system of the organization and the personnel of the public power, to reform the legislative supervision system, to establish an independent national supervision system, and to supervise the exercise of the national public power. The conclusion and innovation of this paper lie in the following： In view of the drawbacks of the current national public power supervision system, it is necessary to redesign the structure of national public power operation system from the top level to improve and remodel the current national public power supervision system. Firstly, to reform the current legislative supervision system, to separate the legislative power from the supervision power （including the legislative supervision and the National People＇s Congress Standing Committee work supervision）, and to set up ＂legal supervision committee＂ which is parallel to the Standing Committee of the National People＇s Congress to undertake authority of constitutional supervision, legislation supervision and law enforcement supervision authority. Secondly, to reform the current administrative supervision system and procuratorial system, to establish the National Supervision Commission to supervise the person who exercise the national public power effectively. At the same time, and to restrict and supervise the exercise of supervision power through a variety of the rule of law mechanism. Thirdly, the national supervision should reflect the popularity of the supervision, which means the supervision of the state should be originated from the supervision of the people. After the Third Plenary Session of the Eighth Central Committee of the Party, China entered a period of deepening the reform （e. g. , the reform of the administrative system and the judicial system）. In the field of administrative reform, the greatest impact of reform is the pilot of the national supervision system reform. In the field of judicial reform, the reform of the judicial system and its operational mechanism are proceeding in an orderly manner, such as the establishment of the Circuit Court, the establishment of cross-administrative divisions of the People＇s Court and the People＇s Procuratorate and other initiatives frequently. However, in the field of legislation, there are few initiatives and actions to protect the effective exercise of legislative power, especially the right of legislative supervision. In order to avoid the mutual restraint or repetition of different areas of reform （e. g. , the current supervision system reform and the judicial system, especially the prosecution system reform and synergies）, we must promote reform in all directions systematically. In view of this, under the banner of deepening reform, it is necessary to make a systematic overall co-ordination and top-level design of the whole state power and its supervision system reform, and promote the system reform in parallel to build or reshape a scientific structure system of the national public power. This is not only the task of deepening refo
出处
《武汉大学学报（哲学社会科学版）》
CSSCI
北大核心
2017年第3期36-45,共10页
Wuhan University Journal：Philosophy & Social Science
关键词
全面深化改革
国家公权力
制约与监督
监督体系重构
法律监督委员会
comprehensively deepening reforms
national public power
restriction and supervision
reconstruction ofsupervision system
legal supervisory committee
