国家监察委员会的监察法规制定权限:三步确界与修法方略

全国人大常委会通过决定方式授予国家监察委员会监察法规制定权,形成了以人大立法权为核心且以行政立法权、监察立法权和军事立法权为补充的更优的“一元三系”立法分工体系,监察权也得到了极大丰富,进而有利于织密权力监督之网。当前的紧要任务在于明确界定监察法规制定权限,以在推进监察法律规范体系立体建设的同时保障监察法规制定权规范演进。利用“三维考察+三层掘进”的阐释模型耙梳可以发现,目前国家监察委员会既可以为执行监察法律、监察直接相关法和间接相关法的规定,单独或者联合其他国家机关进行执行性立法,也可以在遵守法律保留原则的前提下,就领导性管理事项进行创制性立法,还可以基于全国人大常委会的专门授权,就法律的相对保留事项和监督性管理事项进行授权性立法。接下来应当在《全国人民代表大会常务委员会关于国家监察委员会制定监察法规的决定》的基础上对制定监察法规的立法权限、形式和备审等内容作进一步规范,以备我国《立法法》修改之需。

The Power of the National Supervision Committee to Formulate Supervisory Regulations:Three Steps to Determine the Boundary and the Strategy of Law Revision

In order to promote the modernization of national governance system and governance capacity we need to improve the legislative system and mechanism and strengthen the restriction and supervision of power operation.The Standing Committee of the National People's Congress by means of Decision,granted the State Supervision Committee the power to formulate supervisory regulations forming a better legislative division system of"one origin three branches"with the legislative power of the People's Congress as the core and the legislative power of the executive organ the legislative power of supervision organ and the legislative power of the military organ as supplements.Meanwhile the supervisory power has also been greatly enriched thus being helpful for tightening the net of supervising power.At present the urgent task is to clearly define the power of formulating supervisory regulations so as to promote the three-dimensional construction of the system of supervisory rules at the time of guaranteeing the normative evolution of supervisory regulations.By using the interpretation model of"three-dimensional investigation+three-layer tunneling"to make analysis it is found that at present the National Supervision Committee can not only make executive legislation for the implementation of supervision laws directly related laws and indirectly related laws alone or jointly with other state organs but also make creative legislation on leading management affairs on the premise of abiding by the principle of law reservation and also make authorized legislation on matters relatively reserved to laws and matters of supervisory management based on the special authorization of the Standing Committee of the National People's Congress.Next we should further regulate authority forms filing and review of supervisory legislation on the basis of Decision so as to make preparation for the amendment to the Legislation Law.