What Is the Establishment of a Supervision Commission For?
戴立兴:设立监察委员会为的是啥?
[Abstract] The Party Central Committee has long planned the reform of the national supervision system. According to the "Plan for Carrying Out the Pilot Reform of the National Supervision System in Beijing, Shanxi, and Zhejiang" issued by the General Office of the Central Committee of the Communist Party of China, Beijing, Shanxi, and Zhejiang will serve as pilot areas, establishing supervision commissions formed by people's congresses. This entirely new institution will be a "specialized organ exercising the function of national supervision." The goal of establishing this institution on a pilot basis is to "carry out organizational and institutional innovation, integrate anti-corruption resources and forces, expand the scope of supervision, enrich supervisory means, achieve full coverage of supervision over public officials exercising public power, establish a centralized, unified, authoritative, and efficient supervision system, and fulfill the duties of anti-corruption." This is a "major political reform that concerns the overall situation." This is because the supervision commission holds "high status," as administrative supervision is upgraded to national supervision; the supervision commission has "great power," addressing the problem of insufficient full coverage of supervision; the supervision commission is "effective," with the potential to resolve the current fragmentation of anti-corruption forces. It must be emphasized that the purpose of the national supervision system reform is to establish a national anti-corruption working institution under the unified leadership of the Party. The design of the national supervision system must reflect the absolute leadership of the Party, ensuring institutionally that the function of national supervision is carried out within the framework of disciplinary inspection supervision.
【摘要】国家监察体制改革,党中央筹划已久。按照中共中央办公厅印发《关于在北京市、山西省、浙江省开展国家监察体制改革试点方案》,北京、山西、浙江三地将成试点,设立由人大产生的监察委员会。这一全新的机构,将是“行使国家监察职能的专责机关”。试点设立这一机构的目标,在于“实施组织和制度创新,整合反腐败资源力量,扩大监察范围,丰富监察手段,实现对行使公权力的公职人员监察全面覆盖,建立集中统一、权威高效的监察体系,履行反腐败职责”。这是“事关全局的重大政治改革”。这是因为:监察委员会“位高”,行政监察升格为国家监察;监察委员会“权重”,解决监察全覆盖不够问题;监察委员会“有力”,有望破解反腐力量分散现状。需要强调的是,国家监察体制改革的目的,就是要建立党统一领导下的国家反腐败工作机构。国家监察体系设计要体现党的绝对领导,从组织体制上确保国家监察职能在纪委监督框架下开展。
On November 8, a blockbuster piece of news was quietly released: the General Office of the Central Committee of the Communist Party of China issued the "Plan for Carrying Out the Pilot Reform of the National Supervision System in Beijing, Shanxi, and Zhejiang." According to this plan, Beijing, Shanxi, and Zhejiang will serve as pilot areas, establishing supervision commissions formed by people's congresses. This entirely new institution will be a "specialized organ exercising the function of national supervision."
11月8日,一条重磅消息悄然发布:中共中央办公厅印发《关于在北京市、山西省、浙江省开展国家监察体制改革试点方案》。照此方案,北京、山西、浙江三地将成试点,设立由人大产生的监察委员会。这一全新的机构,将是“行使国家监察职能的专责机关”。
Although the press release was not long, only a little over 400 characters, it contained a huge amount of information. In the words of the Plan, the goal of establishing this institution on a pilot basis is to "carry out organizational and institutional innovation, integrate anti-corruption resources and forces, expand the scope of supervision, enrich supervisory means, achieve full coverage of supervision over public officials exercising public power, establish a centralized, unified, authoritative, and efficient supervision system, and fulfill the duties of anti-corruption." The press release also stated that this is a "major political reform that concerns the overall situation." And phrases like "major political reform" have been very rare since the 18th National Congress of the CPC [1]1 The 18th National Congress of the CPC was held in 2012, marking the beginning of the Xi Jinping era and a significant intensification of anti-corruption efforts.. The author offers the following interpretation of this news.
虽然新闻通稿文字不长,只有400多字,但信息量巨大。用《方案》中的话来说,试点设立这一机构的目标,在于“实施组织和制度创新,整合反腐败资源力量,扩大监察范围,丰富监察手段,实现对行使公权力的公职人员监察全面覆盖,建立集中统一、权威高效的监察体系,履行反腐败职责”。通稿还说,这是“事关全局的重大政治改革”。而像“重大政治改革”这样的字眼,十八大以来也非常少见。如何解读这条消息,笔者有如下理解。
The Supervision Commission Holds "High Status": Administrative Supervision Upgraded to National Supervision
监察委员会“位高”,行政监察升格为国家监察
The Party Central Committee has long planned the reform of the national supervision system. At the Sixth Plenary Session of the 18th Central Commission for Discipline Inspection [2]2 The Central Commission for Discipline Inspection (CCDI) is the highest internal-control institution of the CPC, tasked with enforcing internal rules and combating corruption. earlier this year, General Secretary of the CPC Central Committee Xi Jinping proposed in his speech at the meeting to improve the supervision system, do a good job in the top-level design of the supervision system, improve the organizational structure of national supervision, and form a national supervision system that fully covers state organs and their civil servants. This is the earliest mention of upgrading the current administrative supervision system to "national supervision." In the communiqué of the Sixth Plenary Session of the 18th CPC Central Committee [3]3 The Sixth Plenary Session of the 18th CPC Central Committee was held in October 2016, focusing on comprehensive and strict governance of the Party. released on October 27, supervisory organs were listed alongside people's congresses and governments, indicating that building a new national supervision system had been placed on the central agenda. The communiqué stated: "Party committees at all levels should support and ensure that people's congresses, governments, supervisory organs, judicial organs, etc., at the same level conduct supervision according to law over state organs and public officials, that the Chinese People's Political Consultative Conference conducts democratic supervision according to its charter, and that audit organs conduct audit supervision according to law." The National People's Congress has also indicated that amending the "Administrative Supervision Law" has been included in this year's legislative plan.
国家监察体制改革,党中央筹划已久。在年初的十八届中央纪委六次全会上,中共中央总书记习近平在会议讲话中提出,要完善监督制度,做好监督体系顶层设计,健全国家监察组织架构,形成全面覆盖国家机关及其公务员的国家监察体系。这是有关将现行的行政监察体制升格为“国家监察”最早的提法。10月27日发布的中共十八届六中全会公报中,将监察机关与人大、政府等并列提出,这一提法意味着建设新的国家监察体系提上中央议程。公报称:“各级党委应当支持和保证同级人大、政府、监察机关、司法机关等对国家机关及公职人员依法进行监督,人民政协依章程进行民主监督,审计机关依法进行审计监督”。全国人大也曾表明,已将修改《行政监察法》纳入今年立法计划。
According to the above reform thinking, the supervision commission holds "high status" because it will be elected by the people's congress, thereby strengthening its independence.
按照以上的改革思路,说监察委员会“位高”,是因为它将由人大选举产生,独立性得到加强。
Currently, supervisory bodies are subordinate to local authorities and departments, and supervisory power is a derivative power of administrative power and procuratorial power; the state lacks centralized and unified supervisory power. Because supervisory bodies are subordinate to local authorities and departments, their functions are limited, resulting in a malfunctioning mechanism for detecting corruption, an ineffective mechanism for preventing it, and a weak mechanism for punishing it; supervision at the same level exists in name only. The greatest harm from this is the inability to conduct daily supervision over local and departmental leaders, forcing reliance on investigation and punishment by higher-level disciplinary inspection and supervision organs. If their supervision is inadequate, it can easily "nurture a tiger to court calamity" [4]4 A Chinese idiom meaning that tolerating or failing to deal with a minor problem or threat allows it to grow into a major disaster..
目前,监督机构隶属地方和部门,监督权是行政权和检察权等派生的权力,国家没有统一集中的监督权。监督机构隶属地方和部门,其功能受到限制,腐败行为的发现机制失灵、防范机制失效、惩治机制乏力,同级监督形同虚设。由此最大的危害是,无法对地方和部门领导进行日常监督,只能寄希望于上级纪检监察机关查处,一旦他们监督不到位,极易“养虎遗患”。
Separating supervisory organs from administrative organs and having them elected by people's congresses will further enhance their independence and authority. In the three pilot provinces and municipalities, people's congresses at all levels will produce the corresponding level of supervision commission as the specialized organ exercising the function of national supervision. This means that in the pilot areas, supervisory bodies will be separated from the original government departments, "no longer" being internal administrative supervisory organs of government departments, but rather produced by people's congresses according to law, exercising the power of national supervision rather than the government's administrative supervisory power, and, like courts and procuratorates, subject to supervision by the people's congress. Reforming China's anti-corruption institutional system and improving the organizational structure of national supervision means transforming the Party's anti-corruption will into the will of the state, thereby enabling state supervisory power to supervise whether state organs, civil servants, and other public officials "seek benefits for the people," thus solving the problem of "supervision by the same body" [5]5 "Supervision by the same body" refers to the problem of an institution being responsible for supervising itself or its own members, leading to conflicts of interest and ineffective oversight.. It can be anticipated that the future state institutional system should be one where the people's congress elects "one government, one commission, one court, and one procuratorate" [6]6 "One government, one commission, one court, and one procuratorate" refers to the people's government, the supervision commission, the people's court, and the people's procuratorate, all of which are created by and report to the people's congress., and its status is clearly elevated.
监察机关从行政机关独立出来,由人大选举产生,将能够进一步增强它的独立性和权威性。在试点的三个省市,将由各级人民代表大会产生本级监察委员会,作为行使国家监察职能的专责机关。这意味着,在试点地区,监察机构将从原来的政府部门中单列出来,“不再”是政府部门内设的行政监察机关,而是由人民代表大会依法产生,行使的是国家监察权而非政府的行政监察权,同时像法院、检察院一样,接受人大监督。改革我国反腐败机构体制,健全国家监察组织架构,就是将党的反腐败意志转化为国家意志,从而支配国家监督权力对国家机器、公务员以及其他公职人员是否“为人民谋利益”而实施监督,破解了“同体监督”的难题。可以预想的是,今后的国家机构体制应该是人大选举产生“一府一委两院”,其地位显然提高了。
In summary, the establishment of the supervision commission is conducive to unifying the internal supervision of democratic politics with the self-purification of the state apparatus. The supervision commission follows a path of power supervision different from the multi-party competition and separation of powers and checks and balances of Western countries. It is one of the systems of self-restraint and self-supervision under the basic political system of the people's congress system, an institutional innovation by the state apparatus attempting to build a long-term effective self-purification mechanism to achieve supervision and management over all state personnel.
总之,监察委员会的成立,有利于将民主政治内部监督和国家机器自我净化相统一。监察委员会走的是不同于西方国家多党竞争、分权制衡的权力监督路数,是人民代表大会制度等基本政治制度的自我约束、自我监督制度之一,是国家机器尝试构建长期有效的自我净化机制,实现对国家所有工作人员进行监督管理的制度创新。
The Supervision Commission Has "Great Power": Addressing the Problem of Insufficient Full Coverage of Supervision
监察委员会“权重”,解决监察全覆盖不够问题
Building a full-coverage supervision system, an anti-corruption institution capable of supervising all public power bodies and all public officials, will be the core function of the supervision commission and the original intention of the reform.
构建一个全覆盖的监督体系,一个能够监督所有公权力机构、监督所有公职人员的反腐败机构,这将是监察委员会的核心职能,也是改革的初衷。
Theoretically, the current disciplinary inspection system manages all Party members; while the Ministry of Supervision line is an internal department of the government structure, only able to manage public officials within the government system. But in China, the extension of "public officials" is not limited to government civil servants. Personnel in the people's congresses, the Chinese People's Political Consultative Conference, courts, procuratorates, and broadly those "on the public payroll" are all "public officials." Legally, the current "Administrative Supervision Law" stipulates that supervisory organs of local people's governments at or above the county level supervise the following organs and personnel: (1) departments of the people's government at the corresponding level and their civil servants; (2) other personnel appointed by the people's government at the corresponding level and its departments; (3) the people's government at the next lower level and its leading personnel. Under the existing framework, theoretically, there are blind spots in supervision: the current supervisory organs' targets do not include personnel from the people's congresses, the Chinese People's Political Consultative Conference, procuratorates, or courts, nor do they include personnel who, though not in the public service, engage in government-authorized activities (such as village committee directors) and some personnel from enterprises and public institutions.
理论上讲,目前纪委系统管的是全部的党员;而监察部这条线,则属于政府机构内设部门,只能管政府系统内部的公职人员。但在中国,“公职人员”的外延则不仅限于政府公务人员。人大、政协、法院、检察院,以及广义“吃财政”的,都属于“公职人员”。法律上看,现有的《行政监察法》则规定,县级以上地方各级人民政府监察机关对下列机关和人员实施监察:(一)本级人民政府各部门及其公务员;(二)本级人民政府及本级人民政府各部门任命的其他人员;(三)下一级人民政府及其领导人员。按照现有架构,从理论上讲,这存在着监督的盲区:目前监察机关的监察对象不包括人大、政协、检察院、法院人员,以及虽然不在公职队伍内、但从事政府授权行为的人员(比如村主任)和一些企业、事业单位人员。
Therefore, the supervision commission has "great power" because its supervisory targets include all public officials, thereby solving the problem of insufficient full coverage of supervision. "Full coverage" means that all personnel "on the public payroll" who exercise public power are targets of supervision. This also means that in the future, the people's congresses and the Chinese People's Political Consultative Conference, which were previously considered "safe havens" for officials retiring to the "second line" [7]7 "Second line" (二线) is a Chinese political term for a semi-retired status, often given to senior officials who are moved to less powerful but still prestigious positions, such as in the people's congresses or political advisory bodies, before full retirement.; courts and procuratorates, these important judicial units; staff of democratic party organs and some social organization organs; large state-owned enterprises, which have been high-incidence areas for various types of corruption in recent years; and marginal areas like public hospitals and schools, which have also occasionally seen disciplinary and legal violations, will all be brought into the purview of national supervision. Currently, some foreigners hold public office in China, for example, serving as deans in universities; they are not currently targets of supervision, but after full coverage, they can also be supervised.
因此,说监察委员会 “权重”,是因为它的监察对象包括所有公职人员,从而解决监察全覆盖不够问题。“全覆盖”,意味着所有“吃财政饭”的行使公权力的人员,都是监察对象。这也意味着,今后人大、政协这些过去被认为是官员退居“二线”的“避风港”,法院、检察院这些重要司法单位,民主党派机关、部分社会团体机关的工作人员,大型国企等近年来各类腐败高发地带,公立医院、学校等也不时爆出违纪违法案件的边缘地带,无不纳入到国家监察的视野之中。现在有一些外国人在中国担任公职,比如在高校做院长,目前不是监察对象,但全覆盖后也可对他们进行监督。
Moreover, the supervision commission will also be able to supervise government institutions and government "top leaders," thus enabling some beneficial exploration into solving the problem of "supervision of top leaders."
而且,监察委员会还将能够监督政府机构、政府“一把手”,从而可以对破解“一把手监督”难题进行一些有益的探索。
At the same time, this supervisory power includes not only daily supervision and inspection of these officials but also the discovery, reporting, acceptance, investigation, and handling of their disciplinary violations.
同时,这种监察权不仅包括对这些官员的日常监督、考察,也包括对其违反纪律言行的发现、检举、受理、调查、处理等。
The Supervision Commission Is "Effective": With the Potential to Resolve the Current Fragmentation of Anti-Corruption Forces
监察委员会“有力”,有望破解反腐力量分散现状
How to integrate anti-corruption resources and forces is the key issue of this reform.
如何整合反腐败资源与力量,是这项改革的关键问题。
China’s existing system for punishing and preventing corruption includes: the Party’s discipline inspection organs, government supervisory organs, anti-corruption and anti-malfeasance agencies within the procuratorates, and other supervisory bodies within the government, such as audit organs. In terms of institutional categories, these forces are highly dispersed, and each force is distributed across organs of different natures. The state’s supervisory functions are fragmented; coupled with overlapping functions and unclear boundaries among institutions, it is inevitably difficult to form a combined force. Moreover, with differing enforcement laws and standards, it is very difficult to establish a stable, standardized, and efficient mechanism for coordination and connection. In the reform of the state supervision system, the transfer of functions and institutional adjustments of administrative and judicial organs may be involved. This will consequently involve changes in institutions and personnel; for example, some anti-corruption functions of the procuratorates may be transferred to the supervisory commission.
我国现有的惩治与预防腐败体系包括:党的纪检机关、政府监察机关、检察机关中的反贪和反渎机构,还有政府中的其他监督机构,比如审计机关等。从机构的类别上来讲力量很分散,而且各个力量分布于不同属性的机构中。国家监督职能分散,加之机构职能重叠、边界不清,必然难以形成合力,且执行法律不一、执行标准不一,很难形成稳定、规范而高效的配合衔接机制。在国家监察制度改革中,可能会涉及到行政机关和司法机关职能的划转及机构调整。由此就会涉及到机构和人员的变动,比如检察院的一部分反腐败职能就可能进入监察委员会。
It can be said that the supervisory commission will be more “powerful” because: first, it will be an integrated and unified supervisory organ. Calling it “integrated and unified” means it will merge and integrate the functions of the existing government supervisory organs, audit organs, corruption prevention organs, and the anti-corruption and bribery departments under the supervisory organs, while also covering the people’s congresses at all levels, the Chinese People’s Political Consultative Conference, courts, procuratorates, state-owned enterprises and institutions, etc., which the aforementioned administrative supervisory organs previously could not reach. This will effectively change the defects and shortcomings of supervisory power being beyond reach [8]8 “Beyond reach” (鞭长莫及) is a Chinese idiom meaning that power or influence cannot extend far enough to be effective., fragmented governance [9]9 “Fragmented governance” (九龙治水) is a Chinese idiom literally meaning “nine dragons controlling water,” used to describe a situation where multiple authorities manage the same matter without coordination, leading to inefficiency., and being wise after the event [10]10 “Being wise after the event” (事后诸葛亮) is a Chinese idiom referring to someone who offers advice or judgment only after something has happened, implying a lack of foresight., achieving “one power supervising to the end, one net covering the edges.”
可以说,监察委员会将会更加“有力”,因为:首先,它将是一个整合统一的监督机构。说它“整合统一”,是因为它将把现有政府监察机关、审计机关、预防腐败机关以及监察机关所属反贪污贿赂部门的职能合并整合进去,同时覆盖到过去上述行政监察机关无法触及的各级人大、政协、法院、检察院、国有企事业单位等,有力地改变监察权力鞭长莫及、九龙治水和事后诸葛亮等缺陷和不足,“一个权力监察到底、一张大网监察到边”。
Second, it will have greater authority. Because it is legally created by the local highest organ of state power and is responsible to it, and the correspondingly revised and improved supervisory laws and regulations will grant it powers and functions, it will exercise its supervisory and investigative powers in accordance with the constitution and relevant laws and regulations, both procedurally and substantively. In a word, all its actions, means, and methods for preventing and punishing corruption will have a legal basis.
其次,它将更有权威。因为它由地方最高权力机关依法产生并对其负责,并由将来修订完善的相应监察法律法规赋予其权限、职能,程序上实体上依照宪法和相关法律法规行使其监督察举职权。一言以蔽之,它预防、惩治腐败的一切行动、手段和方式方法都将于法有据。
Third, it will have stronger capabilities and means. Establishing the supervisory commission can also solve the current problem of limited supervisory means. Although the Administrative Supervision Law grants supervisory organs the powers of inspection, investigation, recommendation, and administrative sanction, due to limited supervisory means and an emphasis on post-hoc supervision, some methods and approaches have become virtually ineffective in practice and difficult to implement. For example, currently, the main methods are interviews, taking notes, supervision and inspection, etc., but relying solely on these means is insufficient; for instance, auditing accounts or accessing financial information may face restrictions and is not convenient enough. The pilot plan mentions enriching supervisory means, possibly introducing some investigative methods similar to those of the procuratorates, such as using concealed devices for filming, etc., whereas such investigative means are currently not permissible.
再次,它将具有更强的能力与手段。成立监察委员会还可以解决目前存在的监察手段有限问题。虽然《行政监察法》赋予监察机关检查权、调查权、建议权和行政处分权等,但由于监察手段有限,且偏重事后监督,导致一些方式方法在实践中形同虚设,难以落实。比如,目前主要是谈话、做笔录、监督检查等等,但仅靠这些手段是不够的,比如查账、调取金融信息等就会受到一些限制,不够便捷。试点方案中提到要丰富监察手段,有可能会引入一些类似检察院的调查手段,比如用隐蔽设备拍摄等等,而目前这些调查手段是不能采用的。
Finally, it will be more efficient. The supervisory commission and the Party’s discipline inspection organs will work together in the same office [11]11 “Work together in the same office” (合署办公) refers to the practice where two institutions share the same administrative staff and office space while maintaining separate legal identities and functions., achieving both the centralized and unified leadership of the Party over cadre supervision and close coordination between Party disciplinary supervision and state supervision. According to the Plan, the supervisory commission will work in the same office as the Party discipline inspection commission at the same level—commonly referred to as “one set of personnel, two nameplates.” Such “one set of personnel” will achieve full coverage of public officials, whether Party members or non-Party members, whether in government departments or other departments, all within the scope of supervision. And if the functions of the discipline inspection commission, the supervisory department, and the anti-corruption department of the procuratorate are consolidated in one place, the means of supervision will be enriched: the disciplinary enforcement function of the discipline inspection commission is already clear, but for supervision, law enforcement means are sometimes also needed, which are absent in the current institutional setup. This supervisory commission will also be closely linked with the power supervision of the people’s congress and the judicial supervision of the courts and procuratorates, forming a “closed loop” for effective supervision of officials in power, ultimately ensuring that they dare not, cannot, and do not want to be corrupt [12]12 “Dare not, cannot, and do not want to be corrupt” (不敢腐、不能腐、不想腐) is a standard formulation in Chinese anti-corruption discourse, representing a three-pronged strategy of deterrence, prevention, and attitudinal change..
最后,它将更为高效。监察委员会和党的纪律检查机关合署办公,既实现党对干部监督的集中统一领导,又实现党的纪律监督和国家监察的密切协调配合。按照《方案》,监察委将与同级纪委合署办公——也就是通常所说的“一套人马、两块牌子”。这样的“一套人马”,就将实现对公职人员的全覆盖,无论党员还是非党员,无论政府部门还是其他部门,都在监察范围内。而如果将纪委、监察部门、检查机关反贪部门的功能归于一处,在监察的手段上就将得到丰富:纪委的执纪功能现在已经很明确,但是对于监察来说,有时还需要执法手段,这些在目前的机构架设中是没有的。这个监察委员会还将和人大的权力监督、法院检察院的司法监督紧密衔接,形成一个对掌权官员有效监督的“闭合回路”,最终确保其不敢腐、不能腐、不想腐。
It must be emphasized that the purpose of the reform of the state supervision system is to establish a national anti-corruption working institution under the unified leadership of the Party. The Sixth Plenary Session of the 18th Central Committee [13]13 The Sixth Plenary Session of the 18th Central Committee was held in October 2016 and focused on comprehensive and strict governance of the Party, issuing key documents on intra-Party political life and supervision. proposed that “Party committees at all levels should support and ensure that the people’s congress, government, supervisory organs, and judicial organs at the same level conduct supervision over state organs and public officials in accordance with the law.” In line with this requirement, the design of the state supervision system must reflect the absolute leadership of the Party, ensuring from the organizational system that state supervision functions are carried out within the framework of discipline inspection supervision. To this end, the Plan also requires strengthening unified leadership over the pilot work. The Central Committee has established a leading group for deepening the reform of the supervision system pilot to guide, coordinate, and serve the pilot work. Party organizations in the pilot areas must assume the main responsibility, take overall charge of the pilot work, establish a working group for deepening the reform of the supervision system pilot, with the provincial (municipal) Party secretary serving as the group leader. This is undoubtedly extremely important for the current reform.
需要强调的是,国家监察体制改革的目的,就是要建立党统一领导下的国家反腐败工作机构。十八届六中全会提出,“各级党委应当支持和保证同级人大、政府、监察机关、司法机关等对国家机关及公职人员依法进行监督”。按照这一要求,国家监察体系设计要体现党的绝对领导,从组织体制上确保国家监察职能在纪委监督框架下开展。为此,《方案》还要求,要加强对试点工作的统一领导。中央成立深化监察体制改革试点工作领导小组,对试点工作进行指导、协调和服务。试点地区党组织要担负起主体责任,对试点工作负总责,成立深化监察体制改革试点工作小组,由省(市)委书记担任组长。这对于当前的改革无疑是极其重要的。
References:
参考文献:
[1]1 The 18th National Congress of the CPC was held in 2012, marking the beginning of the Xi Jinping era and a significant intensification of anti-corruption efforts. Several Guidelines on Political Life within the Party under the New Situation and Regulations of the Communist Party of China on Intra-Party Supervision, Law Press, November 2016 edition.
①《关于新形势下党内政治生活的若干准则》《中国共产党党内监督条例》,法律出版社,2016年11月出版。
[2]2 The Central Commission for Discipline Inspection (CCDI) is the highest internal-control institution of the CPC, tasked with enforcing internal rules and combating corruption. Ma Huaide, Construction of Administrative Law System and Case Study Research, China University of Political Science and Law Press, April 2000 edition.
②马怀德,《行政法制度建构与判例研究》,中国政法大学出版社,2000年4月版。
(Author: Director and Researcher of the Party Building and Party History Research Office, Institute of Marxism, Chinese Academy of Social Sciences)
(作者:中国社科院马研院党建党史研究室主任、研究员)
Online Editor: Rainbow
网络编辑:彩虹
Notes
- The 18th National Congress of the CPC was held in 2012, marking the beginning of the Xi Jinping era and a significant intensification of anti-corruption efforts. ↩
- The Central Commission for Discipline Inspection (CCDI) is the highest internal-control institution of the CPC, tasked with enforcing internal rules and combating corruption. ↩
- The Sixth Plenary Session of the 18th CPC Central Committee was held in October 2016, focusing on comprehensive and strict governance of the Party. ↩
- A Chinese idiom meaning that tolerating or failing to deal with a minor problem or threat allows it to grow into a major disaster. ↩
- "Supervision by the same body" refers to the problem of an institution being responsible for supervising itself or its own members, leading to conflicts of interest and ineffective oversight. ↩
- "One government, one commission, one court, and one procuratorate" refers to the people's government, the supervision commission, the people's court, and the people's procuratorate, all of which are created by and report to the people's congress. ↩
- "Second line" (二线) is a Chinese political term for a semi-retired status, often given to senior officials who are moved to less powerful but still prestigious positions, such as in the people's congresses or political advisory bodies, before full retirement. ↩
- “Beyond reach” (鞭长莫及) is a Chinese idiom meaning that power or influence cannot extend far enough to be effective. ↩
- “Fragmented governance” (九龙治水) is a Chinese idiom literally meaning “nine dragons controlling water,” used to describe a situation where multiple authorities manage the same matter without coordination, leading to inefficiency. ↩
- “Being wise after the event” (事后诸葛亮) is a Chinese idiom referring to someone who offers advice or judgment only after something has happened, implying a lack of foresight. ↩
- “Work together in the same office” (合署办公) refers to the practice where two institutions share the same administrative staff and office space while maintaining separate legal identities and functions. ↩
- “Dare not, cannot, and do not want to be corrupt” (不敢腐、不能腐、不想腐) is a standard formulation in Chinese anti-corruption discourse, representing a three-pronged strategy of deterrence, prevention, and attitudinal change. ↩
- The Sixth Plenary Session of the 18th Central Committee was held in October 2016 and focused on comprehensive and strict governance of the Party, issuing key documents on intra-Party political life and supervision. ↩