监察体制下监检关系研究

随着《宪法修正案》《监察法》和新《人民检察院组织法》的实施,监察委员会业已成为我国的反腐生力军,其在办理职务违法和职务犯罪案件中与检察机关应当互相配合,互相制约。然而,现实中践行这一原则仍存诸多困惑,如监检现实地位不对等、权力配置不对等、检察监督监察法律缺失、监检衔接机制粗疏等,即使刚修订的《刑事诉讼法》也未能有效解决。因此,遵从互相配合、互相制约的内在要求,在尊重监察委员会的监察监督和人民检察院的法律监督各自特点的基础上进行具体制度设计,构建有效合理的监检关系,是国家监察制度目的实现的重要保障。

Research on the Relationship between Supervision and Inspection under the Supervision System

With the implementation of the Constitution Amendment, the Supervision Law and the New Organic Law of the People’s Procuratorate, the supervisory committee has become the major force of anti-corruption in our country, and it should cooperate and restrict each other with the procuratorial organ in dealing with duty violation and duty crime cases. However, there are still many puzzles in the practice of this principle in reality, such as unequal status of supervision and inspection, unequal allocation of power, lack of law of procuratorial supervision and supervision, and careless mechanism of convergence between supervision and inspection. Even the newly amended Criminal Procedure Law cannot give effective resolution. Therefore, it is an important guarantee for the realization of the national supervisory system. By complying with the inherent requirements of mutual cooperation and mutual restriction, and on the basis of respecting the characteristics of the supervisory committee and the legal supervision of the people’s procuratorate,specific systems are designed.