論監察問責的基本法律問題

《監察法》正式開啟問責法治新時代。《監察法》明確賦予監察機關問責權，意味著問責被正式賦予法定涵義。作為專司反腐敗的國家機構，監察機關是政治機關，這對於提升問責決定的公信力和權威性，實現問責在整肅吏治、倒逼領導人員良好履職並滿足人民期待方面的多元功能具有至關重要的作用。《監察法》實施兩年來，問責泛化、虛化以及簡單化等問題逐漸暴露。根據《監察法》，與傳統責任追究機制不同，監察問責劍指兼具政治維度和道德維度的領導責任，具有較強的民主性特質。監察問責與黨內問責構成中國特色問責制度體系的兩大支柱，黨內問責已經率先實現法治化，監察問責亟需跟進，以實現黨內問責和監察問責無縫銜接並合力整肅吏治的基本目標。

The PRC Supervision Law officially opens a new era of accountability under law. It clearly gives the supervisory organs the power of holding other state organs accountable, which means that accountability is now formally underpinned by law. As a state organ that specializes in anti-corruption activities, the supervisory organ is a political organ, which plays an important role in improving the credibility and authority of accountability decisions, and in achieving the multiple functions of accountability in the rectification of official governance, forcing leaders to perform their duties well and meeting the people’s expectations. In the two years since the implementation of the Supervision Law, problems such as the generalization, emptiness and simplification of accountability have gradually emerged. According to the Supervision Law, different from the traditional accountability mechanism, the supervision accountability refers to the leadership responsibility with both political and moral dimensions which has strong democratic characteristics. As the two constitutional pillars of the accountability system with Chinese characteristics, the CPC accountability has taken the lead in realizing the rule of law, and supervision accountability needs to be followed up in order to achieve seamless coordination between inner-party accountability and supervision accountability, the basic goal of which is to eliminate official governance.