监察委员会人事管理与约束监督刍议

《监察法》的出台标志着监察制度改革的成果在法律层次上的确认,是国家在政治体制上进行顶层设计的一件大事。“一府一委两院”的政治新格局初步形成,深化监察制度改革依然是健全完善国家监督体系的重要路径。监察委员会的出现不同以往政治体制的改革,使行政监察迈向国家监察,监察制度实现了质的飞跃,其人事管理和“超级机关”的潜在威胁是不容忽视的。基于法治建设中具有普适价值的独立性与权力制约两原则,从人才选拔、人事培养到人事考核探索监察委员会的人事管理,从党的领导和外部机关约束监督的视角思量监察委员会的被监督问题。

Discussion on personnel management and constraint supervision of supervisory committee: based on principles of independence and power restriction

The promulgation of Supervision Law marks the identification of achievements in the reform of supervision system at the legal level, which is an important event of top-level design on political system in China. The new political pattern of “One Government, One Committee, One Procuratorate and One Court” is formed initially. To deepen the reform of supervisory system is still the important path of perfecting and improving national supervision system. The establishment of supervisory committee is different from the past political reform, which makes administrative supervision towards state supervision. The monitoring system has realized qualitative leap, and the potential threat of the personnel management and “super authority” cannot be ignored. Based on the two principles of independence and power restriction which have universal value in legal construction, the personnel management of supervisory committee is explored from talent selection, personnel training and personnel assessment, and the supervision of supervisory committee is discussed from perspectives of the leadership of the Party and the restriction and supervision of external agencies.