| After the reform of the national supervision system,the Commission for Discipline Inspection and the Supervisory Committee are co-located,and the Commission for Discipline Inspection and the Supervisory Committee enforce the law.According to the party discipline and state law,the two committees exercise the power of inspection and supervision in the process of discipline and law enforcement,and try to realize an effective mechanism of linking discipline and law.As a new thing,the JISC should be closely linked and cooperated with each other to form an idealized organic system with smooth connection.The operation of the whole JISC system can not be separated from the close connection between various elements;However,as a new institution and mechanism,in the initial stage of its operation,its constituent elements and its undertaking and docking in the process of operation are inevitably in a state of insufficient cohesion,coordination and naturalness.For major,complicated and difficult cases of duty violation and crime,the working mode of co-location of the two committees is not a simple combination of "1+1=2" in form.In order to avoid the phenomenon of "co-operation",we should deeply study the internal mechanism of co-operation,start with the establishment,operation and functions of internal institutions,and build an effective anti-corruption mechanism of "discipline and law" to achieve the goal of supervision system reform.Co-location brings all party members and all persons exercising public power into the scope of supervision of the two committees.How to effectively integrate anti-corruption resources and establish an authoritative and efficient mechanism for linking discipline and law is an important issue after co-location.In general,this paper follows the idea of "historical presentation-theoretical interpretation-empirical analysis-system improvement",which is divided into five parts:Introduction and Chapters 1-4.First of all,the introduction is the origin of the problem,which is presented from four aspects: the construction of rule of law in China,especially according to the objective and realistic needs of supervision system reform and anti-corruption by law,the theoretical innovation of supervision system reform in China,the expansion of corruption governance theory and power supervision theory in China,and the urgent need to improve the connection and coordination between party discipline and state law;Then,it expounds the theoretical significance and practical value of the selected topic,deepens the research of legal theory,legal philosophy,systematic law,rule of law theory,especially the rule of law supervision theory,promotes the rule of law corruption governance theory and power supervision theory,and provides action guidance for the improvement of JISC,which is the further promotion of deepening the reform of national supervision system and judicial system,opening up the key node of the connection between supervision investigation and prosecution,and promoting the modernization of national governance system and governance capacity.Then,the current research situation at home and abroad is summarized academically.The direct discussion on the connection between discipline and law in China is mostly analyzed and studied from the specific field of the connection between discipline and law,and the results of finding problems and proposing solutions are mostly from the practical point of view.The research in this field abroad is limited to the institutional connotation and anti-corruption.On this basis,we continue to introduce the research methods and basic contents of this paper.This paper mainly uses the theories and methods of jurisprudence,institutional law,especially the rule of law,system theory and system law,and empirical research.Finally,it summarizes some possible innovations in this paper,innovations in research methods,and innovative attempts in theoretical principles,and explores the practical mechanism of the convergence mechanism between discipline and law in the operation of JISC.The first chapter,as the foreshadowing of the full text,investigates and explains the background,origin,evolution of JISC,and the formation of the current institutional setup and the linkage mechanism between discipline and law.China’s supervisory system has existed since ancient times,and it has already taken shape and taken on a scale,but it only exists to safeguard the monarch’s rule.In modern times,the state’s supervisory power serves the people’s sovereignty,and its purpose is to safeguard the people’s sovereignty.After the founding of New China,the Communist Party,as the ruling party in China,has been seeking a way out for the innovative construction of anti-corruption mechanism with joint efforts of discipline inspection and supervision.The birth of JISC has gone through four stages: gestation,preparation,implementation and completion.What the supervisory organ performs is the national supervisory function,and its nature is the national political organ.The supervisory committee is in the same rank as other state organs except the National People’s Congress.As a new power,compared with the legislative power of NPC and its Standing Committee,the law enforcement power of administrative organs and the judicial power of judicial organs,the supervisory power of JISC mainly supervises,investigates and disposes the duty cases of public officials.As a major innovation in the reform of supervision system,the establishment of discipline inspection and supervision machine and its operation mechanism have created a new situation of separation of discipline and law and coordination of discipline and law.On the premise of clarifying the relationship between discipline and law and adhering to the separation of discipline and law,it has effectively coordinated discipline and law enforcement,constructed a systematic and comprehensive system of co-office,rule of law and anti-corruption,and formed a linkage mechanism between discipline and law in the operation of JISC.Party discipline and state law are important elements of the socialist legal system with Chinese characteristics,which serve the national governance through different regulatory scope.To realize the modernization of state governance,it is necessary to clarify the relationship between the two,do a good job of their coordination,give full play to the warning and punishment education functions of the two bottom lines of Party discipline and state law in the process of state governance,continuously improve the modernization level of state governance,and provide a strong legal guarantee for the realization of the Chinese dream of the great rejuvenation of the Chinese nation.The second chapter,from the perspective of system law,analyzes the legal basis of "the connection between discipline and law",studies the operation mechanism of the supervisory committee by using the theory and method of system theory,and then explores the applicable value and practical path of the connection between discipline and law.The so-called system refers to a functional whole composed of several elements linked together through interaction.Law is a system composed of rules,and it is also a system,which exerts the mandatory power of law through social organizations,and then makes normative adjustments to individual behavior;As a system,the effective operation of law depends on the smooth connection between various legal elements and related elements.The supervisory committee is the product of the reform of judicial supervision system,and the comprehensive application of discipline and law is the socialist disciplinary system with Chinese characteristics,so the convergence of discipline and law should be brought into the disciplinary system.The so-called connection refers not only to the end-to-end connection of things,but also to the connection of two separate objects with one object.In the dynamic sense,the legal system is a system ruled by law and a dynamic balance system with integrity,stability,openness and synergy.System theory has gone through a process from mechanical system to organic system and finally to autopoiesis.Therefore,we need to regard the JISC as a new thing and its operation-presupposing that the new thing must be a life system with vitality,harmony,coordination,autonomy,adaptability and self-creation.In the legal autopoiesis,the symmetry breaking within the system makes its constituent elements distinguish from each other,from completely uniform unification to highly asymmetric pluralism.At the same time,after the symmetry of the system is broken,the interrelation among the elements produces the effect of multi-synergy.System symmetry breaking and multi-cooperation constitute the emergence mechanism of system integrity.On the one hand,the functionalization of social structure and the systematization of law are the result of social differentiation and rationalization of law.On the other hand,the legal system is closely related to the social system.This means that the legal system is an open system.In the legal system,the system can absorb all kinds of external information factors.When the information factors are enough to interfere with the internal elements of the system,the corresponding reaction mechanism will be formed in the legal system.Within the framework of the basic principles of wholeness,coordination and dynamic balance,various elements within the legal system can realize self-organized rebalancing.Through the system theory,this paper makes a comprehensive analysis of the system structure and elements,and explains the mechanism,characteristics and connotation of the connection between discipline and law.From the perspective of system level,this paper defines and clarifies the relationship between the various elements in the legal system.The elements of the inner-party legal system and the legal system in the operation of the JISC are connected with each other,and their internal elements are integral,complementary,coordinated,complementary and coherent.According to the traditional theory,the supervisory committee is an independent system in the legal system.In the supervisory committee,various system elements can operate independently.However,according to autopoiesis’ s theory,the connection between discipline and law refers to the connection between various elements and procedures in the JISC system.The convergence of discipline and law emphasizes the systematic attributes of wholeness,interaction,openness,docking,coordination,harmony,dynamic balance and integration.Finally,this chapter tries to outline the overall operation mechanism of the convergence of discipline and law from the perspective of system theory.The construction of the socialist legal system needs to solve the systematic problem of the convergence of discipline and law,which is determined by the internal logic of the "four comprehensiveness" and the rule of law since the 19 th National Congress.To govern the country according to law,we must first rule power according to law,and to rule power according to law must rule officials according to law.This is because corrupt behavior is actually the lack of power restriction,which leads to the lack of national governance capacity,and then the goal of comprehensively governing the country according to law cannot be achieved.The third chapter introduces systematic theories and methods,and explores the shortcomings of the Commission’s "convergence of discipline and law" through theoretical and empirical analysis.The mechanism of convergence between discipline and law of JISC is mainly how to solve the problem of convergence between party discipline and state law and build an efficient and authoritative anti-corruption supervision system under the rule of law in terms of procedure operation and function integration of case jurisdiction,investigation and disposal,supervision and examination after the two committees are co-located.As the national inner-party supervision and the national supervisory organs,there are obvious differences between the two committees in terms of the mechanism of organization and the basis for exercising their functions and powers.This paper reflects on the connection between discipline and law from the specific practice of rule of law.As a new thing,the JISC should be closely linked and cooperated with each other to form an idealized organic system with smooth connection.The operation of the whole JISC system can not be separated from the close connection between various elements;However,as a new institution and a new mechanism,in the initial stage of its operation,its constituent elements and their undertaking and docking in the process of operation are inevitably in a state of insufficient connection,insufficient coordination and insufficient naturalness.First,the procedures and norms between supervision and justice are not well connected,which is mainly manifested in the deep problems of the internal institutional setup and operation mechanism of the supervisory committee.The internal organizational model of the JISC lacks the basic operational mechanism,so it is necessary to rationally design the institutional setup.The discipline supervision office fails to fully meet the organizational strategic requirements,and the internal power restriction objectives of the JISC are not fully realized,and the organizational management objectives of the JISC are not fully realized.There are difficulties in the early intervention mechanism of procuratorates,whether party discipline and government affairs must be punished before they are transferred to judicial organs,the lack of ways to deal with illegal acts that exceed the retroactive time limit,and the problem of the discipline inspection and supervision organs performing the filing procedures in the process of linking discipline and law,which reflect the poor connection between supervisory organs and procuratorial organs.The untimely transformation of inner-party regulations into national laws,the objectivity and admissibility of evidence,the need to link up the early intervention mechanism of judicial organs,and the time limit and authority of retention measures reflect the poor connection between supervisory organs and judicial organs.Second,the connection between the functions and powers of the JISC and the Commission for Discipline Inspection is not smooth,and the difficulties of procedure operation and procedure standardization are mainly highlighted in the procedure of supervision power operation.Organizational guarantee for the operation of supervisory power mainly lies in the organizational guarantee for the operation of supervisory power.First,the guarantee mechanism for the operation of supervisory power needs to be improved,for example,it lacks the support of big data and information technology.At the same time,the internal mechanism of JISC needs to be strengthened.Secondly,the specific safeguard measures need to be further implemented.Finally,the deep-seated problems of the internal organization and operation mechanism of the Supervisory Committee need to be reflected,mainly from the internal organization mode of the Supervisory Committee,and its internal operation mechanism needs to be optimized;From the organizational strategy,there is a rift between the actual operation of the authority of the case discipline supervision institution and the adaptability of the strategy;From the realization of the goal of power balance,the internal self-monitoring mechanism of the JISC needs to be improved;From the perspective of organizational management objectives,there is still a gap in achieving the goal of efficient operation of the internal organization of the supervisory committee.Third,the system is not well connected after co-office,which is mainly reflected in the fact that as a law enforcement and supervision organ,in order to prevent discipline inspection and supervision personnel from violating discipline and law,and to supervise the discipline inspection and supervision institution’s own power,a perfect internal and external supervision mechanism of discipline inspection and supervision should be constructed.Secondly,the integration and professionalism of discipline inspection and supervision personnel need to be improved.Thirdly,it is the dilemma between the leadership of the Party and the independent exercise of supervision power.Finally,the cohesion in the specific process is not smooth,mainly the inconsistency between scope and jurisdiction and the inconsistency in the lien link.Finally,the problem of poor convergence between discipline and law is analyzed under the norms of system theory.At present,the lack of convergence between the inner-party laws and regulations and the national laws and regulations is mainly manifested in two aspects: First,the formal deviation of poor convergence between discipline and law is mainly manifested in the conflict between the applicable scope of party discipline and laws,the fuzzy conflict between norms,the misplacement of punishment means for violations and violations,and the lack of legislative coordination mechanism.Second,the mechanism deviation of poor connection between discipline and law is mainly manifested in the lack of coordination between the system connection between party discipline and state law,the formulation of party discipline and state law,and the problem handling between party discipline and state law.The fourth chapter,according to the conclusion of the current empirical analysis of "the connection between discipline and law",returns to the perfection of the system,and constructs the supervision system reform mechanism to continuously promote the modernization of state governance from three dimensions: the perfection of the operation mechanism of the JISC itself,the perfection of the internal and external supervision mechanism of the JISC,and the perfection of the supervision measures.How to promote the effective coordination between the inner-party legal system and the legal system related to the supervision law,and enhance the governance efficiency of the rule of law against corruption,has become an urgent problem to be solved.In order to implement the goal of discipline and law,it is necessary to establish a perfect mechanism of legislative guarantee,organizational guarantee and procedural guarantee.In terms of legislative guarantee,supervision legislation and discipline inspection rules within the Party provide rules for cooperation,collaboration and supervision between the Commission for Discipline Inspection,the Supervisory Committee and other state organs.Follow-up legislation should focus on the connection between criminal justice rules and supervision legislation,and improve the supervision legislation system itself.In terms of organizational guarantee,co-office is the main organizational form of discipline and law.On the basis of the separation of discipline supervision department and discipline review department,and based on the initiation of investigation power,discipline review department should be further divided to prevent the mixed use of investigation power and other powers.In terms of procedural guarantee,starting from different stages of power operation,we should improve the procedural rules of clue disposal,case investigation,evidence collection and disposal methods,and promote the effective exercise and coordinated use of disciplinary inspection power and state supervision power.On the basis of discussing the practice of "linking up discipline and law",this paper improves the mechanism of linking up discipline and law of JISC from the aspects of linking up inner-party laws and national legal system,linking up the functions and powers of JISC and Commission for Discipline Inspection,and building the office path of the two committees.Taking the interface mechanism of discipline inspection machine as the research object,this paper discusses the practical basis of the interface between law and law of JISC and judicial organs,and improves the interface mechanism of discipline and law of JISC from the aspects of the interface between inner-party laws and national laws,the interface between JISC and discipline authority and the co-office path of discipline inspection and supervision institutions.According to the mechanism of linking discipline and law,combined with the nature and seriousness of violations of discipline and law,this paper puts forward the following three modes: the sequential processing mode of linking discipline and law,and the parallel processing mode of linking discipline and law.With regard to the connection between law and law,this paper puts forward some suggestions to improve the connection between law and law,focusing on the litigation procedures such as the handling of clues,investigation and handling,transfer and examination of duty-related crimes,and combining with the characteristics of the operation mechanism of supervision power.In addition,in order to improve the co-office path of discipline inspection and supervision,this paper explores the co-office path of discipline inspection and supervision from the following aspects: perfecting the internal and external supervision mechanism of the co-office machine,perfecting the grass-roots discipline inspection and supervision work,clarifying the division of discipline inspection authority,improving the handling skills of discipline inspection and supervision personnel and innovating supervision methods. |
PDF Full Text Request