中文题名: | 新时代中国共产党党内监督若干问题研究 |
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保密级别: | 公开 |
论文语种: | 中文 |
学科代码: | 030503 |
学科专业: | |
学生类型: | 博士后 |
学位: | 法学博士 |
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学位年度: | 2018 |
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第一导师姓名: | |
第一导师单位: | |
提交日期: | 2018-11-25 |
答辩日期: | 2018-11-25 |
外文题名: | On Inner-Party Supervision of the Communist Party of China in a New Era |
中文关键词: | |
中文摘要: |
监督是权力的伴生物。有权必有责,用权受监督,只有监督才能克服权力扩张性、腐蚀性、变现性等消极作用。权力监督是世界性难题,自我监督更是难题中的难题,被称为国家治理的“哥德巴赫猜想”。自古以来,在监督权力问题上,人们形成了以权力监督制约权力、以权利监督制约权力、以道德监督制约权力三种基本模式。中国共产党在继承这些基本经验的基础上,提出了自己的权力监督模式——党内监督——从人民利益出发,按照从严治党的要求进行自我约束和自我完善。
党内监督这种自我监督模式虽然具有制约、整合、净化和奖惩等功能,但仍有不少人怀疑这种监督模式的合法性和有效性。回应这些怀疑,要直面回答党内监督与党内民主、党内监督与党内斗争、党内监督与信任激励、同体监督与异体监督等关系。明确党内监督不必然导致党内民主或党内不民主,体制在其中发挥了重要作用,专制体制下的党内监督扼制党内民主,民主体制下的党内监督发展党内民主。明确党内监督不能天然地与党内斗争划等号,民主的党内监督与正义的党内斗争相结合,两者相互促进;民主的党内监督与非正义的党内斗争相结合或者专制的党内监督与正义的党内斗争相结合,两者相互抗争;专制的党内监督与非正义的党内斗争相结合,形成恶性循环,两者皆沦为当权者排斥异己、政治清洗的工具,人们对党内监督和党内斗争的诸多非议,正是源自这种组合。明确信任和监督是同一问题的两面:一方面,信任不能代替监督;另一方面,严格监督要与信任激励结合起来。明确同体监督与异体监督都是权力监督的重要方式,异体监督不必然比同体监督更有效;中国共产党的党内监督就整体而言是同体监督,但也包含了诸多异体监督的因素;过分强调异体监督极易导致“否决政治”。我们要立足中国实际,合理吸收和借鉴其他权力监督好的做法和成功经验,自信地坚持和发展好中国共产党的党内监督。
坚持和发展党内监督有很多路径,但最根本的还是靠制度。正所谓:“小智治事,中智治人,大智立法。”党的十八大以来,以习近平同志为核心的党中央高度重视党内监督制度的建立健全。在国家治理层面,不断完善和发展中国特色社会主义制度,旨在为党和国家事业发展、为人民幸福安康、为社会和谐稳定、为国家长治久安提供一整套更完备、更稳定、更管用的制度体系;在管党治党层面,制定和修订了一批重要党内法规,旨在为建党100周年时全面建成内容科学、程序严密、配套完备、运行有效的党内法规制度体系打下坚实基础;在党内监督层面,制定、修订和完善了200多部党内法规,形成了以党章为基本法,以条例为专门法,以其它相关党内法规为配套法的党内监督制度体系,指明了党内监督干什么、怎么干、由谁干以及干的后果等基本问题。
体制是制度的具体表现和实施形式。党的十八大以来,以习近平同志为核心的党中央高度重视党内监督体制的改革完善,以八项规定为突破口,开启纪检监察体制改革的序幕。在纪检体制改革方面,大幅增加纪律检查部门数量、大幅减少议事协调机构数量,从而更加聚焦主业;实现执纪审查工作以上级纪委领导为主,各级纪委书记、副书记的提名和考察以上级纪委会同组织部门为主,有效解决“同级监督太软”的问题;改变“以大案要案论英雄”的纪委工作模式,坚持把纪律挺在前面,创造性地提出监督执纪的“四种形态”,抓早抓小、治病救人;成立纪检监察干部监督室,把纪委和纪检组列为巡视对象,努力把“打铁的人”锻造成“铁打的人”;改进派驻纪检组的工作模式,充分发挥“派”的权威和“驻”的优势;创造性地提出“三个不固定”,坚持常规巡视与专项巡视相结合,通过“分类安排、板块轮动”实现巡视全覆盖,努力发现问题、形成震慑。在监察体制改革方面,将县级以上地方各级人民政府的监察厅(局)、预防腐败局和人民检察院查处贪污贿赂、失职渎职以及预防职务犯罪等部门的相关职能整合至监察委员会;将检察机关反贪污贿赂、反渎职侵权和预防职务犯罪部门及人员转隶到监察委员会;将《中华人民共和国行政监察法》升级为《中华人民共和国监察法》,实现对所有行使公权力的公职人员监察全覆盖;用“留置”取代“双指”“两规”等等。
总的来讲,十八大以来的党内监督呈现出十大特征:一是党委主体责任更加突出,二是纪委专责机关作用更加凸显,三是监察委实现对所有公权力的监督,四是巡视“利剑”作用更加彰显,五是“派”的权威和“驻”的优势发挥明显,六是重视党内监督的策略,七是党内监督制度体系愈发完善,八是形成完整的党内监督主体体系,九是国内“打虎拍蝇”力度和成效空前,十是国际“猎狐”取得重大进展。与此同时,在理论与实践的探索中,十八大以来的党内监督积累了六点重要经验教训:一是监督监督者,严防“灯下黑”;二是制度要管用,不能“牛栏关猫”;三是坚持挺纪在前,抓早抓小;四是聚焦主业,种好自己的“责任田”;五是加强创新,提升监督效能;六是动员千遍,不如问责一次。进一步加强和改进党内监督要在汲取现有经验教训的基础上,加强制度法规建设,在法治轨道上推进党内监督;加快纪检监察机关的内设机构和转隶人员整合,充分发挥好专责机关的作用;加强纪检监察机关与外部相关单位的协作,形成查处违纪违法的完整链条;建立健全保护和救济渠道,有效维护监督者和被监督者的权益。唯此才能保持党的先进性和纯洁性,确保党始终成为中国特色社会主义事业的坚强领导核心。
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外文摘要: |
Supervision is a companion to power and which means using power must be supervised. Facts have proved that only supervision could overcome the negative effects of power. However, supervising power is a worldwide problem, and self-supervision is more difficult which is called the “Goldbach’s Conjecture” of state governance. People have been exploring on how to supervise power from a long time ago and have formed three basic modes: supervising power by power, supervising power by right, and supervising power by morality. On the basis of inheriting these basic modes, the Communist Party of China(CPC) put forward its own mode of power supervision - Inner-Party supervision. It requires the CPC to proceed from the interests of the people and to exercise self-discipline and self-improvement in accordance with the requirements of seeing governance over the Party with rigor.
Although Inner-Party supervision has the functions of restriction, integration, purification, reward and punishment, many people still doubt the legitimacy and effectiveness of this kind of supervision mode. In response to these doubts, we should directly answer the relationship between Inner-Party supervision and Inner-Party democracy, Inner-Party supervision and Inner-Party struggle, Inner-Party supervision and trust incentives, Inner-Party supervision and Extra-Party supervision (or androgyny supervision and allogeneic supervision). Firstly, we should make clear that Inner-Party supervision does not necessarily lead to Inner-Party democracy or undemocratic, in which the system plays an important role. The Inner-Party supervision under the autocratic system restrained Inner-Party democracy, and the Inner-Party supervision under the democratic system developed Inner-Party democracy.
Secondly, we should make clear that Inner-Party supervision cannot be naturally equated with Inner-Party struggle. When the Inner-Party supervision of democracy is combined with the Inner-Party struggle of justice, they promote each other. When democratic Inner-Party supervision is combined with unjust Inner-Party struggle, or undemocratic Inner-Party supervision is combined with just Inner-Party struggle, they fight each other. When undemocratic Inner-Party supervision is combined with unjust Inner-Party struggle, they would form a vicious circle and become tools for the authorities to reject dissidents and carry out political purges. Many criticisms of Inner-Party supervision and Inner-Party struggle are derived from this combination.
Thirdly, we should make clear that trust and supervision are two sides of the same problem: on the one hand, trust cannot replace supervision; on the other hand, strict supervision should be combined with trust incentives.
Fourthly, we should make clear that both androgyny supervision and allogeneic supervision are important ways of power supervision, and allogeneic supervision is not necessarily more effective than androgyny supervision. As a matter of fact, the Inner-Party supervision of the CPC is androgyny supervision as a whole, while it also contains many factors of allogeneic supervision. In addition, overemphasizing allogeneic supervision can easily lead to “Vetocracy”. In short, we should base on China’s reality, reasonably absorb and learn from other good practices and successful experiences of power supervision, and confidently adhere to and develop the CPC’s Inner-Party supervision.
There are many ways to uphold and develop the CPC’s Inner-Party supervision, but the most fundamental method is to rely on systems. As the saying goes: “Small wisdom governs things, ordinary wisdom governs people, and great wisdom governs legislation.” Since the 18th National Congress of the CPC(NCCPC), the Central Committee of the CPC(CCCPC), with Xi Jinping as its core, has attached great importance to the establishment and improvement of the Inner-Party system. At the level of state governance, we have constantly improved and developed the socialist system with Chinese characteristics in order to provide a more complete, more stable and more effective system for the development of the cause of the Party and the country, for the well-being of the people, for the harmony and stability of the society, and for the long-term stability of the country. At the level of Party governance, a number of important Inner-Party laws and regulations have been formulated or revised, aiming at laying a solid foundation for the establishment of the Inner-Party laws and regulations system with strict content, rigorous procedures, complete procedures, and effective operation on the 100th anniversary of the founding of the CPC. At the level of Inner-Party supervision, we have formulated, revised or improved more than 200 Inner-Party laws and regulations, which formed a system of Inner-Party supervision system with the Party Constitution as the basic law, the REGULATIONS OF THE COMMUNIST PARTY OF CHINA ON INTERNAL OVERSIGHT as the special law and other relevant Inner-Party laws as the supporting law. In other words, we knew subject, object, content, process, consequences, etc. of Inner-Party supervision by the Inner-Party supervision systems.
We opened the prelude to the reform of the discipline inspection and supervision system with the Eight Provisions as the breakthrough. In terms of the reform of the discipline inspection system, the Commission for Discipline Inspection(CDI) of the CPC focused more on its main business by dramatically increasing discipline inspection departments and greatly reducing deliberation coordination agencies. The problem of “The CDI is too soft to supervise the Party committee at the same level” has been effectively solved by “two predominate” - The CDI of high level predominate in the work of discipline inspection; the Organization Department of the same level and the CDI of high level predominate in the nomination and investigation of the CDI secretaries and deputy secretaries. For the sake of grasping early catching small, treating diseases and saving people, we have changed the CDI’s work mode of “concentrating on investigating and dealing with major and serious cases”, insisting on putting the discipline ahead, and creatively putting forward the “Four Forms” of discipline supervision and enforcement. “To forge iron, one must be strong”. Therefore, we established the Cadre Supervision Office of Discipline inspection and supervision, listing the CDI and Discipline Inspection Group(DIG) as the inspection targets. In order to give full play to the authority of “accreditation” and the advantage of “garrison”, we improved the work mode of the DIG. In the interest of finding problems and creating shock, we creatively put forward “Three Unfixed”, adhered to the combination of routine inspection and special inspection, and achieved full coverage of inspection through “classification arrangement, plate rotation”.
In terms of the reform of the supervision system, we integrated the relevant functions of the Supervisory Offices (Bureaus), the Corruption Prevention Bureaus and the People’s Procuratorates in investigating and dealing with corruption and bribery, dereliction of duty and prevention of duty crimes into the Supervisory Committee. We also transferred the departments and personnel of the People’s Procuratorate in anti-corruption and bribery, anti-infringement and infringement prevention and crime prevention to the Supervisory Committee. We upgraded the ADMINISTRATIVE SUPERVISION LAW OF THE PEOPLE'S REPUBLIC OF CHINA to the SUPERVISION LAW OF THE PEOPLE'S REPUBLIC OF CHINA to achieve full coverage of all public officials exercising public power. Last but not the least, we replace the “Double Designation” and “Two Prescript” with “retention” to realize the standardization and rationality of the means of supervision.
Generally speaking, the Inner-Party supervision has shown ten characteristics since the 18th NCCPC: first, the main responsibility of the Party Committee has become more prominent; second, the role of the special organs of the CDI has also become more prominent; third, the Supervisory Committee has realized the supervision of all public powers; fourth, the role of the patrol, as a “sword”, has been more significant; fifth, the authority of “accreditation” and the advantage of “garrison” have been played an more obvious role; sixth, the 18th CCCPC has paid more attention to the strategy of Inner-Party supervision; seventh, the system of Inner-Party supervision has become more and more perfect; eighth, a more complete subject system of Inner-Party supervision has been formed; ninth, the strength and effectiveness of “fight against tigers and flies” at home is unprecedented; and tenth, the international “hunt down foxes” has made great progress.
At the same time, we have accumulated six important experiences and lessons from the exploration of theory and practice of the Inner-Party supervision since the 18th NCCPC. The first is to supervise the supervisors and strictly guard against the “dark under the lamp”. The second is that the system should be effective and should not “keep the cat under the cow pen”. The third is to insist on putting discipline in front of the law and checking erroneous ideas at the outset. The fourth is to focus on the main business and grow their own “responsible field”. The fifth is to strengthen innovation and improve supervision effectiveness. The sixth is that mobilizing thousands of times is not as good as accountability once.
To further strengthen and improve Inner-Party supervision, we should, on the basis of drawing on existing experience and lessons, strengthen the construction of the Party’s systems and regulations and promote the Inner-Party supervision on the track of rule of law. In order to give full play to the role of the special supervision organs, we should speed up the integration of internal departments and the transferred personnel of the discipline inspection and supervision organs (DISOs). We should strengthen the cooperation between the DISOs and external relevant units to form a complete chain of investigation and punishment of violations of laws and regulations. What cannot be ignored is that we should establish and improve channels of protection and relief to safeguard the rights and interests of the supervisors and the supervised effectively. Only in this way can we maintain the Party’s advanced nature and purity, and ensure that the Party has always become the strong leadership core of the cause of socialism with Chinese characteristics.
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馆藏地: | 图书馆学位论文阅览区(主馆南区三层BC区) |
馆藏号: | 博030503/18001 |
开放日期: | 2019-01-01 |