The Establishment and Initial Operation of the New China’s Administrative Supervision System (1949–1954)
徐行:新中国行政监察体制的建立与初步运行(1949—1954年)
With the birth of the People’s Republic of China, our country’s new administrative supervision system was formally established under the leadership of the Party in accordance with the Organic Law of the Central People’s Government. From 1949 to 1954, the People’s Supervision Committee of the Government Administration Council of the Central People’s Government (hereinafter referred to as the Government Administration Council) played an important role in exercising the state’s administrative supervision powers and cooperating in carrying out the “Three-Anti” Campaign [1]1 The “Three-Anti” Campaign (1951–1952) was a movement against corruption, waste, and bureaucracy within the Party and government organs.. At present, in academic research on our country’s supervision system, there are more results on intra-Party supervision than on administrative supervision. As for the administrative supervision system itself, the main line of research is also mostly related to intra-Party supervision. Since the 18th National Congress of the CPC [2]2 The 18th National Congress of the CPC was held in November 2012, marking the beginning of the New Era under Xi Jinping’s leadership., focusing on the reform of the state supervision system, many scholars have emphatically explored the changes brought about by the elevation from administrative supervision to state supervision. Regarding existing thematic studies on administrative supervision, some scholars have investigated the supervisory organs established by the Communist Party of China during the New Democratic Revolution period; some scholars have studied the tortuous development process of the evolution of the supervision system over the hundred years since the founding of the Party. Published monographs on administrative supervision focus on theoretical aspects and analysis of current issues, only briefly touching on the evolution of the supervision system since the founding of New China as a preliminary step. In short, although previous research has yielded many results, analysis of the construction, initial operation and adjustment, effectiveness, and impact of the administrative supervision system in the early years of New China is insufficient. The author believes that from 1949 to 1954, great changes took place in New China’s political, economic, and social environment and in all aspects of construction. An in-depth investigation of the establishment and adjustment of the administrative supervision system during this period, and a study of its historical role and far-reaching influence, can deepen our understanding of the background of the current reform of the state supervision system, thereby drawing useful insights.
随着中华人民共和国的诞生,我国新的行政监察体制在党的领导下按照《中央人民政府组织法》也正式建立起来。从1949年到1954年,中央人民政府政务院(以下简称政务院)人民监察委员会在行使国家行政监察职权、配合开展“三反”运动等方面发挥了重要作用。目前,学术界对我国监察体制问题的研究,探讨党内监察的成果多于行政监察。就行政监察体制而言,研究主线也多与党内监察相关。中共十八大以来,围绕国家监察体制改革,不少学者着重探讨了从行政监察上升到国家监察所引起的变化。就已有的关于行政监察的专题性研究而言,有学者对中国共产党在新民主主义革命时期建立的监察机关进行了考察;有学者研究了建党百年来监察体制演变的曲折发展过程。已出版的行政监察方面的专著着重于理论方面和对当前问题的论析,对新中国成立以来监察体制的沿革只是做简单铺垫。总之,以往的研究虽有不少成果,但对新中国成立初期行政监察体制的构建、初步运行和调整、成效及影响的分析不足。笔者认为,1949—1954年,新中国的政治、经济、社会环境和各方面建设发生了巨大变化,深入考察这段时间行政监察体制的建立和调整情况、研究其发挥的历史作用和深远影响,可以深化对当今国家监察体制改革背景的认识,从而得出有益的启示。
The Historical Background of the Formation of the Administrative Supervision System
行政监察体制形成的历史背景
In the supervision systems of various countries, administrative supervision organs generally possess the power to independently exercise administrative supervision. In the early years of New China, the establishment of the administrative supervision system had a unique historical background. At that time, although the setup of our country’s administrative organs drew on some experience from the Soviet Union, it was more fundamentally the case that the revolutionary political power established by the Communist Party of China during the war years provided a practical basis for the establishment of various organs of the new people’s political power. It can be said that the administrative supervision system at the beginning of New China originated from the supervisory organs of the red regime in the revolutionary base areas founded by the Communist Party of China. During the three important periods of the Agrarian Revolutionary War, the War of Resistance Against Japan, and the War of Liberation [3]3 These are the standard Chinese periodizations: the Agrarian Revolutionary War (1927–1937), the War of Resistance Against Japan (1937–1945), and the War of Liberation (1945–1949)., the supervisory organs within the revolutionary base areas founded by the Communist Party of China were initially established under the leadership of the Party in accordance with political, military, and other factors. Although the institutional setup was not yet complete at the time, various rules and regulations were not yet sound, and much work had not been carried out in depth, this was the embryonic form of a new type of supervision system representing the interests of the broad masses of the people, and it was of great significance for consolidating and developing the red political power.
在各国监察体制中,行政监察机构一般拥有独立行使行政监察的权力。新中国成立初期,行政监察体制的建立有着独特的历史背景,当时我国行政机构的设置虽然借鉴了苏联的一些经验,但更主要的是中国共产党在战争年代建立的革命政权为新生人民政权的各种机构设置提供了实践基础。可以说,新中国成立之初的行政监察体制起源于中国共产党开创的革命根据地红色政权的监察机构。在土地革命战争、抗日战争和解放战争三个重要时期,中国共产党开创的革命根据地内的监察机构根据政治、军事等各种因素在党的领导下初步建立起来。虽然当时机构设置尚不完备、各种规章制度还不健全、许多工作没来得及深入展开,但这却是代表广大人民利益的新型监察体制的雏形,对于巩固和发展红色政权具有重要意义。
During the revolutionary war years, the Communist Party of China made attempts to establish a nationwide political power and an administrative supervision system. In November 1931, the Provisional Central Government of the Chinese Soviet Republic, established in Ruijin, Jiangxi, set up the earliest supervisory organ—the Ministry of Workers’ and Peasants’ Inspection—with He Shuheng as Minister. Within the areas under the jurisdiction of the red regime in the Soviet areas, corresponding administrative supervision organs were established from the central level down to the provincial, county, and district levels. In February 1934, the Provisional Central Government of the Chinese Soviet Republic further established the Workers’ and Peasants’ Inspection People’s Committee, which was the highest-level supervisory organ of the Soviet Republic, with Xiang Ying as its director. At the same time, an Audit Committee was also established, with Ruan Xiaoxian as its director. According to the relevant institutional regulations at the time, the supervisory organs implemented dual leadership, being simultaneously under the leadership of the executive committees at various levels of the Soviet government and the higher-level inspection organs. The establishment of the Workers’ and Peasants’ Inspection People’s Committee and the Audit Committee marked the beginning of the establishment of a supervision system by the red regime led by the Communist Party of China and was also the first time the masses exercised the power of democratic supervision. It was a completely new type of supervision system, providing the earliest practical exploration for the establishment of New China’s supervision system.
中国共产党在革命战争年代就进行了建立全国性政权和行政监察体制的尝试,1931 年 11 月,在江西瑞金成立的中华苏维埃共和国临时中央政府中设立了最早的监察机构——工农监察部,何叔衡为部长。在苏区红色政权所辖区域内,从中央至地方各省、县、区等都设立了相应的行政监察机构。1934年2月,中华苏维埃共和国临时中央政府又设立了工农检察人民委员会,这是苏维埃共和国最高级别的监察机构,项英为主任。与此同时,还设立了审计委员会,阮啸仙为主任。按照当时的相关制度规定,监察机构实行双轨领导,同时受苏维埃政府各级执行委员会和上级检察机关的领导。工农检察人民委员会与审计委员会的建立,是中国共产党领导的红色政权设立监察体制的开端,也是首次由人民群众行使民主监督权的肇始。它是一种全新的监察体制,为新中国监察体制的建立做了最早的实践探索。
During the War of Resistance Against Japan, the Communist Party of China established a “Three-Thirds System” [4]4 The “Three-Thirds System” was a policy in anti-Japanese base areas where Communists, non-Party leftists, and centrists each held roughly one-third of positions in the representative councils and administrative organs. political power in the anti-Japanese base areas, and also established councils. In the government of the Shaanxi-Gansu-Ningxia Border Region and other anti-Japanese base area regimes, the council was the highest organ of power. The border region administrative committee it elected, i.e., the border region government, simultaneously exercised legislative power and supervisory power. From January 17 to February 4, 1939, the First Council of the Shaanxi-Gansu-Ningxia Border Region was convened in Yan’an, and the Border Region Council was proclaimed established. From November 6 to 20, 1941, the Second Council of the Shaanxi-Gansu-Ningxia Border Region was convened, and this Second Council worked until the victorious conclusion of the War of Resistance Against Japan. This supervision system established by the Communist Party of China in the anti-Japanese base areas played an important role in consolidating and developing the anti-Japanese regime, uniting people from all walks of life to resist Japan, and supervising and ensuring the clean governance [5]5 “Clean governance” (廉政) refers to the Party’s goal of a government free from corruption. construction of the border region government. It served as exploration and experimentation for ultimately winning the War of Resistance Against Japan and for establishing a new administrative supervision system after the Communist Party took full power.
抗日战争时期,中国共产党在抗日根据地建立了“三三制”政权,同时还建立了参议会。在陕甘宁边区政府和其他抗日根据地政权中,参议会是最高权力机关,它选举产生的边区行政委员会即边区政府,同时行使立法权和监察权。1939年1月17日至2月4日,陕甘宁边区第一届参议会在延安召开,边区参议会宣告成立。1941年11 月 6—20 日,陕甘宁边区第二届参议会召开,第二届参议会一直工作到抗日战争胜利结束。中国共产党在抗日根据地内建立的这种监察体制,对抗日政权的巩固和发展、团结各界人士一致抗日、监督和保证边区政府廉政建设起到了重要作用,为最终夺取抗日战争胜利和共产党全面执政后建立新的行政监察体制做了探索和试验。
In the later period of the War of Liberation, with the victorious advance of the People’s Liberation War, in September 1948, the Communist Party of China led the establishment of the North China People’s Government. After its establishment, the North China People’s Government established the North China People’s Procuratorate in accordance with the relevant regulations of the Organizational Outline of the North China People’s Government, with Yang Xiufeng as its president. According to the regulations, this organ could exercise the power of inspection and impeachment, the power to accept administrative litigation, certain powers of administrative legal sanction, and the power of investigation. After its establishment, the North China People’s Procuratorate actively carried out administrative supervision work. It not only handled a number of cases of dereliction of duty and corruption but also established a system of correspondence inspectors, combining the supervision of the administrative supervision organs with the supervision of the masses. The creation and work of the North China People’s Procuratorate marked a new step forward for the supervision system of the revolutionary base areas led by the Communist Party of China. It played an important role in safeguarding the rights and interests of the broad masses, ensuring the purity of the revolutionary regime, consolidating the revolutionary base areas, and aiding the victory of the People’s Liberation War. It also became a special historical background and practical source for the creation and improvement of New China’s supervision system, accumulating practical experience for the Communist Party of China to create an administrative supervision system for a nationwide political power.
解放战争后期,随着人民解放战争的胜利推进,1948年9月,中国共产党领导成立了华北人民政府。华北人民政府成立后,按照《华北人民政府组织大纲》的相关章程建立了华北人民监察院,杨秀峰为院长。按照规定,该机构可行使检查检举权、行政诉讼的受理权、一定的行政法律处分权以及调查权。华北人民监察院成立后积极开展了行政监察工作,不仅处理了一批渎职与贪腐案件,而且还建立了通讯检查员制度,把行政监察机关的监督与人民群众的监督结合起来。华北人民监察院的创建和工作的开展,标志着中国共产党领导的革命根据地监察体制迈出了新的一步,为维护广大群众的权益、保证革命政权的纯洁性、巩固革命根据地、助力人民解放战争的胜利发挥了重要作用,也成为新中国监察体制创建和完善的特殊历史背景和实践来源,为中国共产党领导的全国性政权创建行政监察体制积累了实践经验。
The Establishment of the Administrative Supervision System and Institutional Setup
行政监察体制的建立与机构设置
According to the provisions of Article 18 of the Organic Law of the Central People’s Government of the People’s Republic of China, adopted by the First Plenary Session of the Chinese People’s Political Consultative Conference on September 27, 1949, the Central People’s Government established a People’s Supervision Committee as an organ subordinate to the Government Administration Council, responsible for supervising whether government organs and public servants fulfilled their duties. Regarding the origin and purpose of the establishment of the People’s Supervision Committee, in a report titled “Several Issues Concerning the People’s Political Consultative Conference” made to the delegates of the Chinese People’s Political Consultative Conference on September 7, 1949, before the convening of its First Plenary Session, Zhou Enlai pointed out: “Under the Government Administration Council, there are thirty units,” but “the Government Administration Council cannot constantly lead these thirty units, so four committees are set up below to assist in handling matters. These four committees are: the Political and Legal Committee, the Financial and Economic Committee, the Cultural and Educational Committee, and the People’s Supervision Committee.” “The purpose of establishing the People’s Supervision Committee is to establish a supervision system to supervise the administrative departments, such as whether public servants implement the resolutions and policies of the government and whether there are situations of corruption and degeneration.”
根据1949年9月27日中国人民政治协商会议第一届全体会议通过的《中华人民共和国中央人民政府组织法》第十八条的规定,中央人民政府设立人民监察委员会,作为隶属政务院的一个机构,负责监察政府机关和公务人员是否履行其职责。对于人民监察委员会设置的由来和目的,1949 年 9 月 7 日,周恩来在中国人民政治协商会议第一届全体会议召开前向政协代表做《关于人民政协的几个问题》的报告中指出:“政务院底下,设有三十个单位”,但“政务院不可能经常领导这三十个单位,所以下面设四个委员会协助办理。这四个委员会是:政治法律委员会,财政经济委员会,文化教育委员会,人民监察委员会”。“设立人民监察委员会的目的是为了建立监察制度,监察行政部门,如公务人员是否执行了政府的决议和政策,是否有贪污腐化等情形”。
At that time, there were two different opinions on which organ the People’s Supervisory Committee should be subordinate to: one opinion advocated that it should be subordinate to the Central People’s Government Committee, “with a higher status and greater powers”; the other opinion advocated that it should be subordinate to the Government Administration Council, “because, being close to the administrative organs and familiar with the actual situation, it would be more convenient for performing its duties, and moreover, the effectiveness of the People’s Supervisory Committee would in fact depend on whether its director was responsible and whether this organ was valued.” On September 22, 1949, Dong Biwu, Chairman of the North China People’s Government, in his report “The Drafting Process and Basic Content of the Organic Law of the Central People’s Government of the People’s Republic of China” delivered at the First Plenary Session of the Chinese People’s Political Consultative Conference, stated: “We agree with the latter view, so during drafting we placed the Supervisory Committee under the Government Administration Council.” [6]6 Dong Biwu (1886–1975) was a founding member of the Chinese Communist Party and a senior leader of the state. The North China People’s Government was the precursor to the central government of the People’s Republic of China, established in 1948. Regarding the functions of this committee, Dong Biwu emphasized: “The People’s Supervisory Committee supervises whether administrative personnel fulfill their duties; it is different from the Procuratorate.”
当时对人民监察委员会应该隶属哪一个机关有两种不同的意见:一种意见主张它应该隶属中央人民政府委员会,“地位高些,职权也较大”;另一种意见主张它隶属政务院,“因为与行政机关接近,熟悉实际情况,更便于执行职务,而且人民监察委员会所起作用之大小,实际上要看主持者是否负责及此机构是否被重视而定”。1949年9月22日,华北人民政府主席董必武在中国人民政治协商会议第一届全体会议上做《中华人民共和国中央人民政府组织法的草拟经过及其基本内容》的报告时阐明:“我们同意后一主张,所以起草时就把监察委员会列在政务院下”。关于该委员会的职能,董必武强调:“人民监察委员会是监察行政人员是否履行其职责的,与检察署不同。”
On October 19, 1949, the Third Meeting of the Central People’s Government Committee appointed the Vice-Premiers, members, Secretary-General and Deputy Secretaries-General of the Government Administration Council, and the heads of the various commissions, ministries, committees, courts, administrations, and banks under the Government Administration Council. On October 21, Zhou Enlai presided over the first enlarged Government Administration Council meeting, announcing the establishment of the Government Administration Council. From then on, the New China’s administrative supervision organ was formally established. The well-known democratic personage and Government Administration Council member Tan Pingshan served as Director of the Government Administration Council People’s Supervisory Committee (hereinafter referred to as the People’s Supervisory Committee), with Liu Jingfan and Pan Zhenya as Deputy Directors; Liu Jingfan also concurrently served as Secretary of the Party Group. In November 1952, Qian Ying was added as Deputy Director, and in June 1954, Wang Han was added as Deputy Director.
1949 年10月19日,中央人民政府委员会第三次会议任命了政务院副总理、政务委员、正副秘书长和政务院所属各委、部、会、院、署、行的负责人。10 月21日,周恩来主持政务院第一次政务扩大会议,宣布政务院成立。从此,新中国的行政监察机构亦正式建立,著名民主人士、政务委员谭平山担任政务院人民监察委员会(以下简称人民监察委员会)主任,刘景范、潘震亚担任副主任,刘景范还兼任党组书记。1952 年 11 月,增补钱瑛为副主任,1954 年6月,又增补王翰为副主任。
On October 24, 1950, the “Provisional Organic Regulations of the Government Administration Council People’s Supervisory Committee” were promulgated, specifying in detail the main tasks and institutional setup of this committee. According to the regulations, the People’s Supervisory Committee was responsible for supervising whether government organs and public functionaries fulfilled their duties. Its main tasks were three: first, to supervise whether state organs at all levels and various public functionaries violated state policies, laws, decrees, or harmed the interests of the people and the state, and to impeach and expose those organs and personnel that were illegal or derelict in their duties; second, to guide the supervisory work of supervisory organs at all levels nationwide, issue resolutions and orders, and review their implementation; third, to accept and handle complaints from the people and people’s organizations against illegal or derelict conduct by state organs at all levels and various public functionaries. The regulations also clearly stipulated that the People’s Supervisory Committee “shall have one Director, two to three Deputy Directors, and fifteen to twenty-one members; the Director shall preside over the committee’s affairs, assisted by the Deputy Directors.”
1950年10月24日,《政务院人民监察委员会试行组织条例》颁布,详细规定了该委员会的主要任务和机构设置。按照条例规定,人民监察委员会负责监察政府机关和公务人员是否履行其职责,主要任务有三项:一是监察全国各级国家机关和各种公务人员是否违反国家政策、法律、法令或损害人民及国家之利益,并纠举其中之违法失职的机关和人员;二是指导全国各级监察机关之监察工作,颁发决议和命令,并审查其执行;三是接受及处理人民和人民团体对各级国家机关和各种公务人员违法失职行为的控告。条例还明确规定,人民监察委员会“设主任一人,副主任二人至三人,委员十五人至二十一人;主任主持委务,副主任协助之”。
The People’s Supervisory Committee had four subordinate departments: the First Department, the Second Department, the Third Department, and the General Office. The First Department “was in charge of matters concerning the supervision, impeachment, and handling of complaints against organs and their enterprise departments in finance, banking, customs, cooperatives, trade, agriculture, forestry, land reclamation, and water conservancy”; the Second Department “was in charge of matters concerning the supervision, impeachment, and handling of complaints against organs and their enterprise departments in various industries, railways, posts and telecommunications, transportation, and labor”; the Third Department “was in charge of matters concerning the supervision, impeachment, and handling of complaints against organs and their enterprise departments in internal affairs, public security, justice, legal system, nationalities affairs, overseas Chinese affairs, culture, education, health, science, publishing, news, and all other organs and their enterprise departments not falling under the First and Second Departments”; the General Office “was in charge of work inspection, meeting organization, and other routine administrative matters of the First, Second, and Third Departments.” “The People’s Supervisory Committee may, when necessary, appoint advisors and counsellors.” “The People’s Supervisory Committee may appoint a number of supervisory correspondents in central directly subordinate organs, state-owned enterprise departments, people’s organizations, and news organizations, who shall be respectively under the leadership of the First, Second, and Third Departments.” This setup of the People’s Supervisory Committee not only ensured that specialized supervisory departments and personnel conducted intra-system self-supervision over various industries and organs, but also brought into play the mass supervision role of the numerous supervisory correspondents, advisors, and counsellors, initially forming a relatively scientific and effective supervisory system.
人民监察委员会下设四个部门,分别是第一厅、第二厅、第三厅和办公厅。第一厅“掌管关于财政、银行、海关、合作、贸易、农业、林垦、水利各机关及其企业部门的监察、纠举及对该各机关或人员控告的处理之事项”;第二厅“掌管关于各种工业、铁道、邮电、交通、劳动各机关及其企业部门的监察、纠举及对该各机关或人员的控告的处理之事项”;第三厅“掌管关于内务、公安、司法、法制、民族事务、华侨事务、文化、教育、卫生、科学、出版、新闻及不属于第一、第二厅之其他一切机关及其企业部门之监察、纠举及对该各机关或人员控告的处理之事项”;办公厅“掌管工作检查,会议组织及其他第一、二、三厅之通常行政事项”。“人民监察委员会于必要时,得设顾问及参事”。“人民监察委员会得在中央直属各机关、各国营企业部门、人民团体及新闻机关设置监察通讯员若干人,分别受第一、二、三厅之领导”。人民监察委员会的这种设置既保证了专业监察部门和工作人员对各个行业与各机关单位进行体制内自我监察,又发挥了广大监察通讯员、顾问和参事的群众监督作用,初步形成了一个比较科学有效的监察体制。
The Initial Operation and Continuous Improvement of the Administrative Supervision System
行政监察体制的初步运行与不断完善
After the establishment of the People’s Supervisory Committee, it actively carried out administrative supervision work while continuously improving its own mechanisms. From its establishment to January 1950, its main work was to take over the North China People’s Procuratorate, handle the cases transferred from it, establish institutions, allocate cadres, conduct professional study, and draft organic regulations for people’s supervisory committees at all levels. From January to August 1950, the People’s Supervisory Committee received a total of 142 cases of complaints against various public functionaries; of these, 56 cases were directly investigated and handled by the committee, and 86 cases were transferred to the greater administrative regions or central directly subordinate provinces and municipal governments, the Central Military Commission, and judicial organs for handling. “A total of 70 percent have been concluded, and the rest are under investigation and handling.” The People’s Supervisory Committee also provided some guidance for the establishment of people’s supervisory committees at all levels. People’s supervisory committees were successively established in the four greater administrative regions of Northeast, Northwest, East China, and Central South. In addition, the work tasks of the People’s Supervisory Committee for the second half of 1950 were: “In coordination with the training and rectification of cadres, organize, promote, and guide central departments and the greater administrative regions and central directly subordinate provinces and municipal governments to concentrate efforts on combating bureaucratism, commandism, as well as corruption, waste, destruction of production, and all illegal and derelict phenomena. The work focus shall be on finance and economic departments, while also paying attention to administrative organs. Strive to select ten to fifteen key points among state-owned major factories, mines, warehouses, shops, banks, grain, taxation, transportation, agriculture, forestry, water conservancy, and other enterprise organs, as well as the work of major counties and cities, for thorough inspection in the second half of the year. At the same time, among the cases of complaints against government organs and public functionaries, select several important ones for direct investigation, gain experience, and promote it everywhere”; “The greater administrative regions and provincial and municipal supervisory committees (including the central supervisory committee) that have already been established should quickly allocate cadres and complete their staffing. Provinces, municipalities, and counties that have not yet established people’s supervisory committees should also establish them as soon as possible”; and so on. By the time of the first National Supervisory Work Conference in April 1951, people’s supervisory organs at all levels had been initially established. Nationwide, “five greater administrative regions, one centrally administered autonomous region, twenty-eight provinces, twelve municipalities directly under the central government or greater administrative regions, eight administrative regions equivalent to provinces, and three hundred and forty-five counties (cities, banners) had established people’s supervisory committees. Over the past year, people’s supervisory committees at all levels had handled a total of 7,309 accident cases and conducted more than thirty routine inspections. Most of the problems discovered in all accidents and routine inspections had been handled. Over the past year, the people’s supervisory organs had inspected and exposed unhealthy tendencies among state organs and public functionaries, improved work, educated cadres, and thereby safeguarded state policies, laws, and systems.”
人民监察委员会成立后,一边积极开展行政监察工作,一边不断完善自身机制。从成立起至 1950 年 1 月,主要工作是接收华北人民监察院,处理该院的移交案件,建立机构,配备干部,进行业务学习,草拟各级人民监察委员会组织条例等。1950 年 1—8 月,人民监察委员会共收到控诉各种公务人员案件142件,经该委员会直接检查处理的共 56 件,转交各大行政区或中央直属各省、市政府与中央军委及司法机关处理 86 件,“总计已有百分之七十结案,其余正在检查处理中”。人民监察委员会还对各级人民监察委员会的建立给予若干指导。东北、西北、华东、中南四大行政区监察委员会先后成立。此外,人民监察委员会在 1950 年下半年的工作任务是:“配合整训干部,组织、推动并指导中央各部门及各大行政区与中央直属省、市政府,集中力量,与官僚主义、命令主义以及贪污浪费破坏生产和一切违法失职等坏现象作斗争。工作中心以财经部门为主,同时注意行政机关。争取下半年对国营之主要工厂、矿山、仓库、商店、银行、粮食、税务、交通运输、农林、水利等事业机关以及主要县市的工作,选择其重点十处到十五处进行彻底检查。同时在控告政府机关与公务人员案件中,选择其有重要性者直接检查若干件,得出经验,推广各地”;“已成立之大行政区及省市监委(包括中央监委),应迅速配备干部,完成编制。未成立人民监察委员会之省、市、县亦应尽可能陆续成立”;等等。至 1951 年 4 月首次全国监察工作会议召开时,各级人民监察机构已初步建立。全国已有“五个大行政区、一个中央辖自治区、二十八个省、十二个中央或大行政区辖市、八个等于省的行政区和三百四十五个县(市、旗)成立了人民监察委员会。各级人民监察委员会一年来共处理事故案件七千三百零九件,进行了平时检查三十余起。全部事故及平时检查中发现的问题,大部已处理完毕。一年来,人民监察机关对国家机关和公务人员中的不良倾向进行了检查和检举,改进了工作,教育了干部,从而维护了国家政策、法令和制度”。
Concurrently with the creation and operation of the New China administrative supervision system, the People’s Supervisory Committee continuously improved its own mechanisms, stipulating and clarifying its own work authority, work principles, and work methods in accordance with the functions and nature of the supervisory organs.
在新中国行政监察体制创建和运转的同时,人民监察委员会不断完善自身的机制,按照监察机关的职能与工作性质,规定和明确了自身的工作权限、工作原则和工作方法。
First, the institutional setup and work authority of the People’s Supervisory Committee were stipulated. According to Article 19 of the “Common Programme of the Chinese People’s Political Consultative Conference”: “People’s supervisory organs shall be established within the people’s governments at the county level and above, to supervise whether state organs at all levels and various public functionaries fulfill their duties, and to impeach and expose those organs and personnel that are illegal or derelict in their duties.” It also stipulated: “The people and people’s organizations have the right to lodge complaints with the people’s supervisory organs or people’s judicial organs against any state organ or any public functionary for illegal or derelict conduct.” According to the “Provisional Organic Regulations of the People’s Supervisory Committee”: “The meeting of the Central People’s Government Government Administration Council People’s Supervisory Committee shall deliberate and decide on policies, guidelines, major cases, and other important matters related to supervision, and shall sum up experience.” The working organs of the People’s Supervisory Committee could, when necessary, report to the Government Administration Council for increase, reduction, or merger.
首先,规定了人民监察委员会的机构设置和工作权限。按照《中国人民政治协商会议共同纲领》第十九条规定:“在县市以上的各级人民政府内,设人民监察机关,以监督各级国家机关及各种公务人员是否履行其职责,并纠举其中之违法失职的机关和人员。”同时还规定:“人民和人民团体有权向人民监察机关或人民司法机关控告任何国家机关和任何公务人员的违法失职行为。”按照《人民监察委员会试行组织条例》规定:“中央人民政府政务院人民监察委员会会议议决有关监察之政策、方针、重大案件及其他重要事项,并总结经验。”人民监察委员会的工作机构在必要时可以报请政务院增加、减少或合并。
Secondly, the basic working principles of the People’s Supervision Commission were determined. In order to abolish the supervision and judicial systems of the reactionary Kuomintang government and establish a new type of supervision system for New China, the People’s Supervision Commission set out a number of basic working principles. For example, it adhered to the principle of combining top-down inspection with bottom-up supervision. On the one hand, supervision organs at all levels were required to inspect from the top down the implementation of state policies and laws by various units and public servants, correcting and handling violations of law and discipline; on the other hand, the broad masses were mobilized to supervise, report and criticize state functionaries from the bottom up, to submit appeals to supervision organs, and to request investigation and handling. This working principle adhered to the combination of supervision by the organs and supervision by the masses, was a manifestation of the Party’s mass line, safeguarded the people’s rights, and improved the efficiency of supervision. Another example was adhering to the principle of combining supervision and correction with improvement of work. When investigating and handling cases of violations of law, dereliction of duty, and other administrative cases, the supervision organs promptly put forward opinions and suggestions to the relevant departments for formulating, revising and perfecting relevant rules and regulations, so as to prevent similar problems from recurring. Yet another example was adhering to the principle of combining disciplinary sanctions with strengthening education, and combining routine inspections with accident investigations. This was conducive to eliminating bureaucratic styles of work and illegal and disciplinary violations such as corruption and degeneration.
其次,确定了人民监察委员会的基本工作原则。为废除国民党反动政府的监察和司法制度,建立新中国新型监察体制,人民监察委员会确定了一些基本工作原则。例如,坚持采取自上而下的检查与自下而上的监督相结合的原则。一方面,要求各级监察机关自上而下地监督检查各单位和公务人员执行国家政策法规的情况,纠正和处理违法乱纪行为;另一方面,发动广大群众自下而上地对国家工作人员进行监督、检举和批评,向监察机关进行申述,提请调查和处理。这一工作原则坚持了监察机关与人民群众监督相结合,是党的群众路线的体现,保障了人民的权利,提高了监督的效率。又如,坚持监督纠举与改进工作相结合的原则。监察机关在调查和处理违法渎职和其他行政案件时,及时向相关部门提出制订、修改和完善相关规章制度的意见与建议,以防再出现类似问题。再如,坚持纪律制裁与加强教育相结合、平时检查与事故调查相结合的原则。这有利于清除官僚主义作风和贪污腐化等违法乱纪行为。
Finally, the main working methods to be adopted by the People’s Supervision Commission were clarified. According to the “Provisional Organizational Regulations of the People’s Supervision Commission of the Government Administration Council,” when handling cases, the People’s Supervision Commission “may respectively use methods such as reporting, correcting, punishing, recommending or commending.” “For supervision cases concerning central organs, state-owned enterprises or their senior staff, they shall be submitted respectively to the Central People’s Government Committee or the Government Administration Council for approval and handling”; when exercising its supervisory power, the People’s Supervision Commission, “if it deems there is suspicion of a crime, shall transfer the case to the procuratorial organ for handling.” While implementing the above provisions and handling cases, the supervision organs also had to put forward suggestions for improving work, and require the inspected departments to bear the responsibility for their specific organization and implementation, which would further enhance the work efficiency and social impact of administrative supervision. In April 1951, the first National Supervision Work Conference was held. The conference summarized the people’s supervision work of 1950 and determined the work tasks for 1951. After detailed discussion, the conference determined the basic methods of supervision work. Peng Zhen, Deputy Director of the Political and Legal Committee of the Government Administration Council, stated at the conference: “The people’s government must not only have policies, decrees and work plans, but more importantly, how to ensure their implementation. The people’s supervision organs are the specialized organs responsible for this task, so their work is very important.” He emphatically pointed out: “People’s supervision work must be carried out vigorously and on a grand scale, and must struggle against the main undesirable tendencies currently existing in work in a focused manner. Supervision work must follow the mass line, coming from the masses and going to the masses.”
最后,明确了人民监察委员会应采取的主要工作方法。按照《政务院人民监察委员会试行组织条例》规定,人民监察委员会处理事件,“得分别使用检举、纠正、惩处、建议或表扬等方法”。“对于中央各机关及国营企业部门或其高级工作人员之监察案件,应分别呈请中央人民政府委员会或政务院核定处理之”;人民监察委员会行使监察权时,“如认为有犯罪嫌疑者,应移送检察机关办理”。监察机关在贯彻执行上述规定办理案件的同时,还要对工作的改善提出建议,并且要求由被检查的部门承担其具体组织执行的责任,这将进一步增强行政监察的工作效率和社会影响。1951 年 4 月,首次全国监察工作会议召开,会议总结了1950年人民监察工作,确定了1951年的工作任务。会议经过详尽讨论后,确定了监察工作的基本方法。政务院政治法律委员会副主任彭真在会上发表讲话说:“人民政府不仅要有政策、法令和工作计划,更重要的是如何保证其贯彻执行。人民监察机关就是负责此项任务的专门机关,故其工作是非常重要的。”他着重指出:“人民监察工作要大张旗鼓地进行,有重点地对目前工作中存在的主要不良倾向进行斗争。监察工作要走群众路线,从群众中来,到群众中去。”
In accordance with the spirit of the first National Supervision Work Conference, supervision organs at all levels, combining the specific conditions of their own regions and departments, achieved remarkable results in carrying out administrative supervision work. For example, the Northwest Supervision Committee, before the “Three-Anti Campaign” [7]7 The “Three-Anti Campaign” (1951–1952) was a nationwide movement in the early People’s Republic targeting corruption, waste, and bureaucracy within state organs and state-owned enterprises., inspected the work of the Northwest Railway Main Line Engineering Bureau and discovered more than 50 cases of embezzlement, which alerted other organs and enterprises, thereby exposing many cases of embezzlement. The Northeast Supervision Committee promoted and organized relevant departments to inspect the use of timber, solved the difficulties in timber allocation and supply, stabilized the timber market, and reduced timber waste. After the Lüda Supervision Committee inspected the work of the seaport, accidents were reduced by 80%.
各级监察机关按照首次全国监察工作会议精神,结合本地区本部门的具体情况,在开展行政监察工作中取得了显著成效。如西北监察委员会在“三反”前对西北铁路干线工程局的工作进行检查,发现贪污事件50多起,引起了其他各机关、企业的警惕,从而揭发出许多贪污事件。东北监察委员会推动组织有关部门检查木材使用的情况,解决了木材调拨、供应的困难,稳定了木材市场,减少了木材浪费。旅大监察委员会在检查海港工作后,事故减少80%。
In February 1953, the second National Supervision Work Conference was held in Beijing. The conference summarized past work, discussed and clarified future tasks, and also conducted a detailed study of two documents: the “Provisional Regulations on Rewards and Punishments for State Organs and Their Staff of the People’s Republic of China (Draft)” and the “General Rules on the Establishment of People’s Supervision Correspondents by People’s Supervision Organs of People’s Governments at All Levels (Draft).” Zhu De, Vice Chairman of the Central People’s Government and Secretary of the Central Commission for Discipline Inspection of the Communist Party of China (hereinafter referred to as the Central Commission for Discipline Inspection), attended the meeting and delivered a speech: “At present, the large-scale construction of the state is beginning, and the tasks of the people’s supervision work are even more significant. It must strictly supervise and inspect the implementation of the state construction plan. At present, the main task is to continue to wage a resolute struggle against various phenomena of bureaucracy, commandism, and violations of law and discipline, and at the same time, we must do a good job in supervising production and finance.” Liu Jingfan delivered the “Report on the Summary of Supervision Work from 1951 to 1952 and the Tasks for Future Work.” The report proposed that the tasks of the people’s supervision organs in 1953 were: “Centering on supervising the correct implementation of state policies, decrees, and construction plans, especially the implementation of economic construction plans, continue to struggle against bureaucracy, commandism, and violations of law and discipline, strictly uphold state law and discipline, enhance the sense of responsibility of staff, so as to ensure the victorious completion of the three major tasks of the state, especially the economic construction plan. To this end, we must struggle against bureaucracy among leading organs and leading cadres, supervise them to earnestly implement the mass line of ‘combining general calls with specific guidance; combining leadership with the masses’ and effectively establish a work style of seeking truth from facts. We must struggle against coercion and commandism and violations of law and discipline among grassroots organizations and grassroots cadres; supervise them to strictly observe state law and discipline and promote a democratic work style. We must struggle against phenomena of anarchy and indiscipline in economic, cultural and educational departments at all levels, especially in economic departments, that violate the state construction plan, the economic accounting system, the security system, the financial system, and policies and decrees; supervise state financial and economic staff to strengthen discipline and ensure the implementation of the state construction plan. We must struggle against all phenomena of embezzlement and waste, especially waste phenomena in state enterprises; strictly practice honesty and integrity in public service, and earnestly implement the policy of increasing production and practicing economy. We must struggle against phenomena of leaking state secrets; earnestly implement the state secrecy system.”
1953 年 2 月,第二次全国监察工作会议在北京召开,会议总结了以往的工作,讨论和明确了今后的任务,还对《中华人民共和国国家机关及其工作人员奖惩暂行条例(草案)》和《各级人民政府人民监察机关设置人民监察通讯员通则(草案)》两个文件做了详细研究。中央人民政府副主席、中共中央纪律检查委员会(以下简称中央纪委)书记朱德出席会议并讲话:“目前,国家大规模的建设正在开始,人民监察工作的任务更加重大,它要严格监督检查国家建设计划的执行。在当前,主要是要继续和各种官僚主义、命令主义、违法乱纪的现象作坚决斗争,同时要认真做好监督生产和监督财政的工作”。刘景范在会上做《一九五一年至一九五二年监察工作总结及今后工作任务的报告》。报告提出 1953 年人民监察机关的任务是:“以监督国家政策法令、建设计划的正确执行,特别是经济建设计划的执行为中心,继续与官僚主义、命令主义和违法乱纪现象作斗争,严肃国家法纪,提高工作人员责任心,以保证国家当前三大任务特别是经济建设计划的胜利完成。为此,要向领导机关和领导干部中的官僚主义作斗争,监督他们认真贯彻‘一般号召与具体领导相结合;领导与群众相结合’的群众路线和切实树立实事求是的工作作风。要向基层组织和基层干部中的强迫命令与违法乱纪作斗争;监督他们严守国家法纪,发扬民主作风。要向各级经济、文教部门中,特别是经济部门中的违背国家建设计划、经济核算制度、保安制度、财政制度以及违背政策、法令的无政府、无纪律的现象作斗争;监督国家财经工作人员,加强纪律性,保证国家建设计划贯彻执行。要向一切贪污、浪费现象,特别是国家企业中的浪费现象作斗争;厉行廉洁奉公,认真贯彻增产节约政策。要向泄露国家机密现象作斗争;认真贯彻国家保密制度。”
An important outcome of this National Supervision Work Conference was the determination of the central tasks of supervision organs at all levels for the subsequent period. It indicated that against the backdrop of the imminent arrival of a high tide of large-scale construction in China and the beginning of the implementation of the first Five-Year Plan for developing the national economy, the tasks of supervision work had increased, and the focus of supervision had shifted to the economic field, financial departments, and financial and economic personnel. This conference played an important role in ensuring the implementation of the “First Five-Year Plan” and continuing to maintain a good Party style and government conduct.
这次全国监察工作会议的一个重要成果是确定了此后一段时期各级监察机关的中心任务,表明在我国大规模建设高潮即将到来、发展国民经济的第一个五年计划开始实施的大背景下,监察工作的任务加重了,监察的重点转向经济领域、财政部门和财经工作人员。这次会议对于保证“一五”计划的落实、继续保持良好的党风政风发挥了重要作用。
Main Achievements of the Initial Operation of the Administrative Supervision System
行政监察体制初步运行的主要成效
The period 1949–1954 was the period of the creation and initial operation of China’s administrative supervision system. During this period, China’s administrative supervision system was established, operated, and improved simultaneously. Supervision institutions at all levels, from the central to the local level, were initially established. The leadership and management systems of supervision institutions were gradually set up and improved. Basic guidelines, basic principles, and a number of specific policies for supervision work were formulated. And supervision work was actively carried out centering on the central tasks of the Party and the state. Cadres of supervision organs at all levels earnestly fulfilled their duties, investigated and handled a large number of cases of violations of law and dereliction of duty, and played an important role in ensuring the implementation of the Party’s policies, guidelines, and state laws and regulations, and in urging state functionaries to abide by law and discipline and to be honest and self-disciplined. During the five years of the creation and initial operation of the administrative supervision system in New China, its main achievements were manifested in the following three aspects:
1949—1954年是我国行政监察体制创建和初步运行时期。这一时期我国的行政监察体制边建立、边运行、边完善,从中央到地方各级监察机构初步建立起来,逐渐设置和完善了监察机构的领导和管理制度,制定了监督工作的基本方针、基本原则和若干具体政策,并且围绕党和国家的中心任务积极开展了监察工作。全国各级监察机关的干部认真履责,调查、处理了一大批违法渎职案件,为保障党的政策方针和国家法律法规的贯彻执行、督促国家公务人员遵纪守法、廉洁自律发挥了重要作用。在新中国行政监察体制创建和初步运行的五年间,其主要成效表现在以下三个方面:
(I) Closely coordinating with democratic political construction and the restoration of production, focusing on supervising financial and economic management work
(一)紧密配合民主建政、恢复生产,重点监督财政经济管理工作
After the establishment of administrative supervision organs at all levels in New China, they conducted supervision and inspection of the work of state organs and their functionaries in accordance with the law, closely coordinating with democratic political construction and the restoration of production. They focused on supervising and inspecting illegal acts, dereliction of duty, embezzlement and waste, acts undermining production, as well as bureaucratic and commandist styles of work in the financial and economic departments. For example, at the 41st Government Administration Council meeting in July 1950, Zhou Enlai raised the issue of 298 million jin of grain having spoiled in the East China region and proposed that this matter be reviewed and lessons drawn, that the People’s Supervision Commission instruct the East China Supervision Commission to investigate the matter and report the results to the Government Administration Council, that Dong Biwu be responsible for handling this, and that the findings be circulated to all localities based on the report. The meeting unanimously agreed with Zhou Enlai’s proposal. As another example, from the end of 1951 to August 1952, supervisory organs at all levels, in coordination with relevant organs, conducted 408 inspections and checks on movements such as land reform and the suppression of counterrevolutionaries, as well as on work such as improving the financial and economic system, the management of industrial and mining enterprises, capital construction, safety and hygiene, drought prevention and flood control, and democratic political construction. They discovered many problems in the work, assisted leading organs in correcting them, and achieved good results. They investigated and handled 28,426 cases of accidents (excluding cases in the “Three-Anti” movement [8]8 The “Three-Anti” movement (sanfan yundong) was a nationwide campaign launched by the CPC in late 1951, targeting corruption, waste, and bureaucracy within Party and state organs.), and, in accordance with the principle of combining education with punishment, disciplined 17,856 persons for illegal acts and dereliction of duty, investigated the causes of accidents, and put forward opinions for improving work. Supervisory organs at all levels also focused on supervising the management of cash, assisting relevant departments in gradually establishing a new financial management order. The initial operation of the state administrative supervision system closely coordinated with the “Three-Anti” movement being carried out at the time, playing an important role in eliminating bureaucratic tendencies among cadres and upholding state law.
新中国各级行政监察机构建立后,依法对国家机关及其公务人员的工作情况进行监督检查,紧密配合民主建政、恢复生产工作。重点对财政经济部门的违法渎职、贪污浪费、破坏生产行为以及官僚主义、命令主义作风进行了监督检查。例如,1950年7月,在政务院第41次政务会议上,周恩来提到华东地区粮食霉坏2.98 亿斤的问题,并提议要对此事进行检讨和总结教训,由人民监察委员会责成华东监察委员会检查此事,并将结果报政务院,此事由董必武负责办理,根据报告通报各地。会上一致同意周恩来的提议。又如,1951 年底至 1952 年8月,各级监察机关协同有关机关对土地改革、镇压反革命等运动和健全财经制度、工矿企业管理、基本建设、安全卫生、防旱防汛、民主建政等工作进行了408次巡视和检查,发现了工作中存在的很多问题,协助了领导机关加以纠正,收到了良好效果;检查和处理了事故案件 28426 件(“三反”运动中的案件不在内),根据教育与惩罚相结合的原则处分了违法失职人员 17856 名,追究了事故发生的原因,提出了改进工作的意见。各级监察机构还重点开展了对现金管理的监察工作,协助有关部门逐步建立起新的金融管理秩序。国家行政监察体制的初步运行与当时开展的“三反”运动密切配合,对消除干部官僚主义之风、维护国家法律发挥了重要作用。
To protect the lives and property of the people and recover national economic losses, after its establishment the People’s Supervision Commission intensified supervision over the management of industrial and mining enterprises and handled a number of hidden dangers and accident cases. For example, on January 23, 1950, a train collision occurred at the Huaqiying Station on the Jinan Railway Bureau’s Tianjin-Pukou line, resulting in 16 deaths and 46 injuries (including 10 serious injuries). The direct cause of the accident was that switchman Wang Jinfa at the station disobeyed orders and set the switch incorrectly. The People’s Supervision Commission specially sent staff to investigate the accident and, based on the investigation results, reported to the Government Administration Council, imposing severe disciplinary sanctions on the responsible personnel. As another example, on February 27, an underground gas explosion occurred at the Yiluo Coal Mine of the Henan Xinyu Coal Mining Company, causing an accident with 174 worker deaths, 2 disabilities, and 24 minor injuries, resulting in enormous economic losses. The direct cause of the disaster was that the coal seam contained a large amount of methane gas, and an explosion was triggered by a worker smoking underground. After investigation, the People’s Supervision Commission concluded that the main cause of this accident was the serious bureaucratic style of the coal mine manager, who engaged in blind production and disregarded safety, bearing primary responsibility for the disaster in terms of leadership and actual work; he should be dismissed from his post and sent to judicial organs for punishment according to law. Other derelict personnel at the coal mine received appropriate disciplinary sanctions. On June 2, Zhou Enlai presided over the 35th Government Administration Council meeting. When discussing the circular issued by the People’s Supervision Commission on handling the gas explosion disaster at the Henan Yiluo Coal Mine, he said: “This incident is discussed at the Government Administration Council meeting because similar incidents could occur in all types of mining areas nationwide. Handling disasters should not only involve punishment but also actively propose improvement measures.” Zhou Enlai listed the total number of worker deaths from mining accidents in Northeast China, North China, Shandong, and other areas since 1949 and pointed out sternly: “In the future, regarding disaster issues in mining areas, we should not only passively impose penalties on derelict personnel but should also actively think of improvement methods to improve their administrative work.” “The work of the courts is mainly to punish criminals, while the supervision commission should struggle against bureaucracy, struggle against all bad styles of work, and strengthen propaganda and education work.”
为保卫人民生命财产、挽回国家经济损失,人民监察委员会成立后加大了对工矿企业管理等的监察力度,处理了一批隐患和事故案件。如1950年1月23日,济南铁路局津浦线花旗营站发生撞车事件,造成16人死亡、46人受伤(其中重伤 10 人)。事故直接原因为该站转辙工王金发不听命令,将道岔扳错所致。人民监察委员会专门派工作人员对事故进行调查,根据调查结果上报政务院,对相关责任人员给予了严厉的处分。又如2月27日,河南新豫煤矿公司宜洛煤矿发生井下沼气爆炸,造成工人死亡174人、残疾2人、轻伤24人的事故,经济损失巨大。灾变直接原因是该矿煤层内含有大量沼气,工人在井下吸烟引起爆炸。人民监察委员会进行调查后认为,这次事故主要是煤矿公司经理存在着严重的官僚主义作风,盲目生产,不顾安全,在领导上与实际工作上应负这次灾变的主要责任,应予撤职,送司法机关依法惩办;煤矿其他失职人员给予应得的处分。6月2日,周恩来主持政务院第 35 次政务会议,在讨论人民监察委员会处理河南宜洛煤矿沼气爆炸灾变事件的通报时说:“在政务会议上讨论这个事件,是因为全国各类矿区都可能发生这类事件。处理灾变不仅要处罚,还应积极提出改善办法”。周恩来列举了从 1949 年以来东北、华北、山东等地因矿难死亡的工人总数,严肃地指出:“今后对矿区的灾变问题,不但只是消极地对失职人员给予处罚,同时还应当积极地想出改进办法,改善其行政工作”。“法院的工作主要是制裁罪恶者,而监委则应该和官僚主义作斗争,和一切坏的作风作斗争,加强宣传教育工作”。
(II) Closely Coordinating with the “Three-Anti” Movement, Carrying Out Supervision Work over Party and Government Cadres
(二)紧密配合“三反”运动,开展对党政干部的监督工作
In the early period of the founding of New China, in order to strengthen Party building and the construction of the cadre contingent of the state, on November 30, 1951, Zhou Enlai submitted the draft Central Committee of the CPC “Decision on Practicing Simplified Administration, Increasing Production and Practicing Economy, and Opposing Corruption, Opposing Waste, and Opposing Bureaucracy,” which he had guided the drafting of, to Mao Zedong for review. Mao Zedong made three revisions, adding and largely rewriting content including: for serious criminal acts of using official position to commit corruption and waste, “call for confession and exposure, and have the principal responsible comrades personally supervise and inspect.” “All acts of corruption must be exposed, and depending on the severity of the circumstances, dealt with to varying degrees, from warnings, transfer of posts, dismissal, expulsion from the Party, sentencing to various terms of imprisonment, up to execution by shooting.” On December 8, the “Instructions of the Central Committee of the CPC on Issues Concerning the ‘Three-Anti’ Struggle” were issued, requiring all localities to “regard the struggle against corruption, waste, and bureaucracy as equally important as the struggle to suppress counterrevolutionaries” and “mobilize the masses to carry out the struggle in a big way.” From then on, the “Three-Anti” movement unfolded extensively nationwide. On January 8, 1952, the People’s Supervision Commission issued the “Directive on the Struggle Against Corruption, Waste, and Bureaucracy,” pointing out that the struggle against corruption, waste, and bureaucracy was the current central political task. It required people’s supervision commissions at all levels to participate fully and coordinate with all departments in vigorously leading this struggle. All supervision staff were to participate in practical work to conduct supervision and inspection. People’s supervision organs at all levels were to set up reception rooms for people’s reports to receive people who came to report. At the same time, through supervision correspondents and “people’s suggestion boxes,” the broad masses of the people were to be enabled to rise up and report corrupt elements and expose phenomena of waste and bureaucracy.
新中国成立初期,为了加强党的建设和国家干部队伍建设,1951 年11月30日,周恩来将所指导起草的中共中央《关于实行精兵简政,增产节约,反对贪污、反对浪费和反对官僚主义的决定》送毛泽东审阅,毛泽东做了三次修改,加写和大部改写的内容就有:对于利用职权实行贪污和实行浪费的严重犯罪行为,“号召坦白和检举,并由主要负责同志亲自督促和检查”。“一切贪污行为必须揭发,按其情节轻重,给以程度不等的处理,从警告、调职、撤职、开除党籍、判处各种徒刑、直至枪决”。12月8日,《中共中央关于“三反”斗争有关问题的指示》发出,要求各地“应把反贪污、反浪费、反官僚主义的斗争看做如同镇压反革命的斗争一样的重要”,“发动群众大张旗鼓去进行斗争”。从此,“三反”运动在全国广泛展开。1952 年 1 月 8 日,人民监察委员会发出《关于反贪污、反浪费、反官僚主义斗争的指示》,指出:反贪污、反浪费、反官僚主义的斗争,是当前中心的政治任务。要求各级人民监察委员会必须全力参加并配合各部门大力领导这一斗争。所有监察工作人员都要参加到实际工作中进行监督与检查,各级人民监察机关应设人民检举接待室,接待检举的人民。同时要通过监察通讯员和“人民意见箱”,使广大人民群众都起来检举贪污分子,揭发浪费和官僚主义现象。
From the end of 1951 through 1952, people’s supervision commissions at all levels participated fully in the “Three-Anti” movement. In the later period of the movement, they also participated in the handling of cases, disciplining a number of cadres who had violated the law or been derelict in their duty. “By position, among the 9,736 cadres who received disciplinary sanctions, there were 21 at the provincial level and above, 210 at the prefectural level, 1,097 at the county level, 2,253 at the district level, and 6,155 ordinary cadres.” The work of the People’s Supervision Commission actively coordinated with the “Three-Anti” movement, upheld the dignity of Party discipline and state law and the Party’s advanced nature and purity, and played an important role in securing victory in the “Three-Anti” movement.
自 1951 年底至 1952 年,各级人民监察委员会全力参加了“三反”运动,运动后期又参加了案件的处理工作,处分了一批违法失职的干部,“就职别说,在受处分的 9736 个干部中,有省级以上的 21 人,专级 210 人,县级1097 人,区级2253人,一般干部6155人”。人民监察委员会的工作积极配合了“三反”运动,维护了党纪国法的尊严和党的先进性、纯洁性,对夺取“三反”运动胜利起到了重要作用。
Mao Zedong, Zhou Enlai and other veteran revolutionaries placed particular emphasis on the public handling of typical cases in order to achieve a deterrent and warning effect. For example, the major corruption case of Liu Qingshan and Zhang Zishan caused serious losses to state property and the interests of the people, and produced an extremely pernicious social impact. In late November 1951, Zhou Enlai approved the arrest and prosecution of the major embezzlers Liu Qingshan and Zhang Zishan. On 30 November, Mao Zedong pointed out sternly with regard to this case: “This matter issues a warning to the Central Committee, the Central Bureau, the Sub-Bureau, and the provincial, municipal and district Party committees: they must seriously attend to the fact that cadres are being corroded by the bourgeoisie and engaging in serious embezzlement, must attend to discovering, exposing and punishing it, and must treat it as a great struggle to be handled.” Zhou Enlai considered that the “Three-Anti” movement [9]9 The “Three-Anti” movement (1951–1952) was a campaign against corruption, waste and bureaucratism within the Communist Party and government apparatus. “must be carried out with great fanfare. We need to study and formulate a regulation on the punishment of embezzlement in the course of the movement. Embezzlers can be divided into three categories — large, medium and small — and should be treated differently.” On 22 January 1952, Zhou Enlai attended the 35th meeting of the Standing Committee of the First National Committee of the Chinese People’s Political Consultative Conference to discuss the “Regulation of the People’s Republic of China on the Punishment of Embezzlement (Revised Draft)”. On the 26th, he “drafted a telegram from the Central Committee of the Communist Party of China to all localities, sending out the ‘Regulation on the Punishment of Embezzlement (Revised Draft)’ for comments”. On 4 February, Zhou Enlai telegraphed Yang Xiufeng, Chairman of the Hebei Provincial People’s Government: “Your telegram of 3 February requesting instructions on the handling of the two criminals Liu Qingshan and Zhang Zishan has been received. Permission is granted to sentence the two criminals to death, to be carried out immediately, and to confiscate all their property.” On the 10th, the Hebei Provincial People’s Court, in accordance with the order of the Supreme People’s Court of the Central People’s Government, organized a special tribunal to conduct a public trial. Hebei Provincial People’s Broadcasting Station broadcast the proceedings live to all parts of the province. More than 21,800 people attended the meeting. “After the indictment, Song Zhiyi, President of the Hebei Provincial People’s Court and Presiding Judge of the Special Tribunal, pronounced the sentence: Liu Qingshan and Zhang Zishan were sentenced to death, to be carried out immediately, and all property of the two criminals was to be confiscated; the other defendants in the same case were to be tried separately.” This case aroused enormous attention from all sectors of society and sounded an alarm for Party and state functionaries. On the 12th, Zhou Enlai drafted the Central Committee of the Communist Party of China’s “Opinions on the Handling of Several Problems in the ‘Three-Anti’ Movement”, which stressed that for cases involving embezzlement of more than 10 million yuan [10]10 10 million yuan refers to the old Renminbi currency in use at the time, equivalent to 1,000 yuan after the 1955 currency reform., several different types could be selected from among state functionaries — that is, those who should be sentenced to death, to imprisonment, to a suspended death sentence, or to exemption from punishment — and public trial meetings should be held to advance the “tiger-hunting” struggle [11]11 “Tiger-hunting” was a term used during the “Three-Anti” movement for the pursuit and punishment of major embezzlers.. In short, with the development of the “Three-Anti” movement, the administrative supervision work of the early period of New China achieved remarkable results. By punishing a number of degenerated and corrupted elements, it educated the vast majority of Party members and cadres, and greatly improved the work style of the Party and government and the general mood of society.
毛泽东、周恩来等老一辈革命家特别重视典型案件的公开处理,以达到惩戒和警示作用。如刘青山、张子善大贪污案给国家财产和人民利益造成严重损失,产生了极其恶劣的社会影响。1951 年 11 月下旬,周恩来批准逮捕法办大贪污犯刘青山、张子善。11 月 30 日,毛泽东就这一案件严肃指出:“这件事给中央、中央局、分局、省市区党委提出了警告,必须严重地注意干部被资产阶级腐蚀发生严重贪污行为这一事实,注意发现、揭露和惩处,并须当作一场大斗争来处理。”周恩来认为,“三反”运动“要大张旗鼓地进行。我们需要在运动中研究制订一个惩治贪污的条例。对于贪污分子,可分成大、中、小三类,应该区别对待。”1952年1月22日,周恩来出席政协第一届全国委员会常务委员会第35次会议,讨论《中华人民共和国惩治贪污条例(修正草案)》。26 日,他“为中共中央起草致各地电,发去《惩治贪污条例(修正草案)》征求意见”。2 月 4 日,周恩来致电河北省人民政府主席杨秀峰:“二月三日关于处理刘青山、张子善二犯的请示电悉,准予将该二犯判处死刑,立即执行,并没收其全部财产。” 10 日,河北省人民法院遵照中央人民政府最高人民法院命令,组织了临时法庭进行公审。河北省人民广播电台向全省各地广播了大会实况。参加大会的共有 21800 多人。“在控诉后,河北省人民法院院长、临时法庭审判长宋志毅宣判:刘青山、张子善判处死刑,立即执行,并没收该二犯全部财产;同案各犯另行审判”。此案件引起了社会各界极大的关注,给党和国家机关工作人员敲响了警钟。12日,周恩来起草中共中央《关于“三反”运动中若干问题的处理意见》,意见强调,对贪污在1000万元以上的案件,可在国家工作人员中选择几种不同类型,即应处以死刑、徒刑、缓刑、免刑的,举行公审大会,以推动打虎斗争。总之,随着“三反”运动的开展,新中国成立初期的行政监察工作取得了显著成效,通过惩治一批腐化变质分子,教育了广大党员干部,使党风政风和社会风气大大好转。
(3) The establishment of administrative supervision organs at all levels and the gradual improvement of the New China administrative supervision system
(三)建立了各级行政监察机构,逐步健全了新中国行政监察体制
From 1949 to 1954, Zhou Enlai led the establishment and gradual improvement of New China’s administrative supervision organs at all levels, which were respectively the five-level supervision system of the central government, the greater administrative regions, the provinces (autonomous regions, municipalities directly under the central government), the prefectures (prefecture-level cities), and the counties. By September 1954, nearly 4,000 supervision organs at all levels had been established nationwide, staffed with nearly 20,000 supervision cadres, and supervision work from the central to the local level was carried out in an orderly manner. During these five years, a large number of people’s supervision correspondents who did not take off from production were also selected and appointed, strengthening the supervision force at the grassroots level. In addition, supervision organs were gradually set up in the directly subordinate departments of provincial (municipal) level and above people’s governments and in large state-owned enterprises and institutions.
从1949年至1954年,周恩来领导建立和逐步完善了新中国各层级的行政监察机构,分别是中央政府、大行政区、省(自治区、直辖市)、地区(地级市)、县五级监察体制。至1954年9月,全国已建立近4000个各级监察机关,配有监察干部近2万人,中央到地方的监察工作有序开展起来。在这五年间,还选用了一大批不脱产的人民监察通讯员,增强了基层单位的监察力量。除此之外,在省(市)级以上各级人民政府的直属部门和大型国营企事业单位也逐渐设立了监察机构。
On 27 April 1954, the Central Committee of the Communist Party of China held an enlarged meeting of the Politburo. In order to strengthen Party unity and strengthen centralized and unified leadership over the socialist transformation and the construction of the economy, the meeting decided to abolish the administrative organs at the greater administrative region level. On 19 June, the 32nd meeting of the Central People’s Government adopted the “Decision on the Abolition of Administrative Organs at the Greater Administrative Region Level and the Merger of Certain Provincial and Municipal Organizational Structures”. With the abolition of the six greater administrative regions, the supervision organs at the greater administrative region level were also abolished at the same time, changing the system into a four-level supervision system of the central, provincial, prefectural and county levels.
1954年4月27日,中共中央召开政治局扩大会议,为了增强党的团结,加强社会主义改造和经济建设事业的集中统一领导,会议决定撤销大区一级行政机构。6月19日,中央人民政府第32次会议通过了《关于撤销大区一级行政机构和合并若干省、市建制的决定》。随着六大行政区被撤销,各大区级监察机构同时也被取消,改成了中央、省、地区、县四级监察体制。
In the process of establishing and improving the supervision system, the Communist Party of China also explored the leadership mechanism for administrative supervision organs. In the early days of New China, administrative supervision organs at all levels implemented a dual leadership system, that is, they accepted the leadership of both the higher-level supervision department and the Party and government departments at the same level, with the leadership of the Party and government at the same level being primary. In September 1954, the First Session of the First National People’s Congress adopted the “Organic Law of the State Council of the People’s Republic of China”. The State Council established the Ministry of Supervision, with Qian Ying as Minister, replacing the original People’s Supervision Committee of the Government Administration Council. On 2 November 1955, the State Council approved the “Simplified Organizational Rules of the Ministry of Supervision of the People’s Republic of China”, which clarified that the duties of the Ministry of Supervision were: in order to maintain state discipline, implement government decrees, and protect state property, to exercise supervision over the various departments of the State Council, local state administrative organs at all levels, state-owned enterprises, joint state-private enterprises, and cooperatives. The supervision organs of the provinces, municipalities and autonomous regions were subject to the dual leadership of the local government and the Ministry of Supervision.
在建立和完善监察体制的过程中,中国共产党还对行政监察机关的领导机制进行了探索。新中国成立之初,各级行政监察机关实行的是双重领导体制,即接受上级监察部门和同级党政部门的领导,以同级党政领导为主。1954 年9月,第一届全国人民代表大会第一次会议通过了《中华人民共和国国务院组织法》,国务院下设监察部,由钱瑛任部长,取代了原来的政务院人民监察委员会。1955 年 11 月 2 日,国务院批准《中华人民共和国监察部组织简则》,明确了监察部的职责是:为了维护国家纪律,贯彻政府法令,保护国家财产,对国务院各部门、地方各级国家行政机关、国营企业、公私合营企业、合作社实施监督。省市自治区的监察机构受地方政府和监察部双重领导。
The Historical Role and Contemporary Significance of the Initial Exploration of the Administrative Supervision System
行政监察体制最初探索的历史作用与现实意义
Zhou Enlai led the creation of New China’s administrative supervision organs and did a great deal of work in many aspects, including the establishment of administrative supervision institutions, personnel allocation, work principles, and the construction of supervision laws and regulations, making a significant contribution to the establishment and initial operation of China’s administrative supervision system. In the practice of leading New China’s administrative supervision work, Zhou Enlai formed an outstanding thought on administrative supervision. He elucidated the purpose and tasks of New China’s administrative supervision, insisted on carrying out administrative supervision work in accordance with the law, and adhered to the principle of strict enforcement of the law and clear rewards and punishments; he attached importance to strengthening the construction of the supervision cadre force and strived to improve the quality of supervision cadres; he advocated relying on the masses of the people and relying on the people’s congress system to promote the in-depth development of supervision work. Zhou Enlai’s thought on administrative supervision and its initial practice promoted the development of the Sinicization of Marxist supervision theory. From 1949 to 1954, under the leadership of Zhou Enlai, the creation and initial practical exploration of China’s administrative supervision system not only played an important historical role, but also still has important contemporary significance for our continued efforts to do a good job in supervision work in the future.
周恩来领导创建了新中国的行政监察机构,并在行政监察机构设置、人员配备、工作原则以及监察法规制度建设等多方面做了大量工作,为我国行政监察体制的建立和初步运转做出重大贡献。周恩来在领导新中国行政监察工作的实践中形成了杰出的行政监察思想,他阐明了新中国行政监察的目的和任务,坚持依法开展行政监察工作,坚持执法必严、奖惩分明的原则;他重视加强监察干部队伍建设,努力提高监察干部素质;他主张依靠人民群众、依靠人大制度推进监督工作深入开展。周恩来的行政监察思想及初步实践促进了马克思主义监察理论中国化的发展。从 1949 年至 1954年,在周恩来领导下,我国行政监察体制的创建与最初的实践探索,不但发挥了重要的历史作用,而且对今后我们继续做好监察工作仍有重要的现实意义。
(1) Resolutely combating malfeasance and unhealthy practices is conducive to strengthening the construction of a clean government
(一)坚决打击渎职犯罪行为和不良作风,有利于加强廉洁政府建设
In the early period after the founding of New China, in order to establish and consolidate the new people’s political power and ensure the integrity and honesty of government public servants, Zhou Enlai strongly advocated that the main objective of the administrative supervision departments was to resolutely combat corruption, embezzlement, dereliction of duty and abuse of office, and to resolutely oppose waste, bureaucratism and other undesirable work styles. He once pointed out: “To implement the system of the people’s democratic dictatorship better, it is necessary to struggle against bureaucratism and constantly oppose bureaucratism.” [12]12 Zhou Enlai, “Speech at the First Session of the First National People’s Congress of the People’s Republic of China” (September 23, 1954), in *Selected Works of Zhou Enlai*, vol. 2 (Beijing: People’s Publishing House, 1984), p. 209. He clearly recognized that the struggle against bureaucratism is a long-term, continuous task that cannot be accomplished overnight. His thought on administrative supervision pointed out the direction and goals for New China’s supervision work. Under Zhou Enlai’s leadership, China’s administrative supervision institutions were established, improved and put into operation simultaneously, and supervision work rapidly unfolded around the central tasks of the Party and the state. “In 1953 alone, administrative supervision organs at all levels nationwide accepted and investigated 409,532 cases of various types, processed approximately 300,000 cases that year, and disciplined 74,671 cadres, including 10 vice-ministers of the Central People’s Government and personnel of equivalent rank, 113 commissioners and personnel of equivalent rank, 2,453 county heads and personnel of equivalent rank, 8,358 district heads and personnel of equivalent rank, 44,284 ordinary cadres, 5,427 cultural, educational and technical personnel, and 14,026 village cadres. The types of disciplinary sanctions included warnings, demerits (including major demerits), demotion, removal from office, and dismissal.” This indicates that the scope of supervision at that time was quite broad and the results of supervision were very significant. The efficient operation of administrative supervision organs at all levels regulated the conduct of leading cadres, corrected unhealthy practices in all trades and professions, upheld Party discipline, government discipline and state laws, strengthened the awareness of integrity and self-discipline among state functionaries, and was conducive to clean governance. [13]13 “Clean governance” (廉政, *lianzheng*) refers to the construction of an honest and clean government, a key concept in the CPC’s anti-corruption efforts. Today, under the new circumstances, we must still vigorously pursue the construction of clean governance among leading cadres, make stricter provisions regarding the staffing, work procedures, and rewards and punishments of administrative supervision organs, resolutely oppose the “four forms of decadence” [14]14 The “four forms of decadence” (四风, *sifeng*) refers to formalism, bureaucratism, hedonism, and extravagance, which the CPC has targeted in its rectification campaigns since 2013. that still exist among some cadres, effectively ensure that supervision departments at all levels perform their supervisory duties with integrity and efficiency, and promote clean governance to a higher level.
新中国成立初期,为了建立和巩固新生的人民政权、保证政府公务人员的清正廉洁,周恩来力主行政监察部门的主要目标是坚决打击贪污腐败、失职渎职行为,坚决反对浪费、反对官僚主义等不良作风。他曾指出:“要使人民民主专政的制度实行得更好,必须同官僚主义作斗争,经常反对官僚主义”。他清楚地认识到反官僚主义的斗争是一个长期的、持续性的工作,不可能一蹴而就。其行政监察思想为新中国的监察工作指明了前进方向和目标。在周恩来的领导下,我国行政监察机构边建立、边完善、边运转,监察工作围绕党和国家的中心任务迅速展开。“仅1953 年,全国各级行政监察机关受理并查处各种案件 409532 起,该年处理结果达 300000 件,处分干部74671名,其中有中央人民政府副部长及其相当人员 10 名,专员及相当人员 113 名,县长及其相当人员 2453 名,区长及其相当人员 8358 名,一般干部 44284 名,文教、技术人员 5427 名,乡村干部 14026 名。受处分的种类,包括警告、记过( 及记大过)、降职、撤职、开除”。这说明当时监察范围相当广泛,监察效果十分显著。各级行政监察机关的高效运转,规范了领导干部的行为,纠正了各行各业的不正之风,维护了党纪政纪和国家法律,使国家机关工作人员的廉洁自律意识得到加强,有利于廉政建设。今天,我们在新形势下仍要狠抓领导干部廉政建设,对行政监察机关人员配置、工作程序、奖惩情况做出更严格的规定,坚决反对一些干部中仍存在的“ 四风”现象,有效保证各级监察部门廉洁高效地履行监察职责,促使廉政建设更上一层楼。
(2) Giving full play to the supervisory role of the broad masses helps to expand and advance people’s democracy
(二)充分发挥广大群众的监督作用,有助于扩大和推进人民民主
In the process of leading the construction of the administrative supervision system, Zhou Enlai always attached great importance to the role of the masses. He advocated adopting a method combining administrative supervision organs with mass supervision, and combining top-down inspections with bottom-up supervision, to strengthen the intensity of the fight against corruption and bureaucratism and to guarantee the people’s power of supervision. He required supervision organs to select, through democratic recommendation, a group of people from among the masses who were willing to actively participate in supervision work, and who were upright, fair, conscientious, responsible and of good character, to serve as people’s supervision correspondents, using a bottom-up approach to supervise various illegal and derelict acts existing in state organs, enterprises and institutions, and public servants. Doing so not only enhanced the effectiveness of administrative supervision but also helped promote the development of people’s democracy and fostered effective interaction between supervision organs and mass supervision. The people’s complaint reception rooms established under Zhou Enlai’s instructions provided a channel for ordinary people to report and accuse corruption problems, enabling the masses to give full play to their role in democratic supervision, while also strengthening the close ties between supervision organs at all levels and the masses, forming a positive interaction between supervision within the system and supervision outside the system. Today, as we promote the construction of whole-process people’s democracy, we must still adhere to the Party’s mass line. To ensure that the masses have the right to know and the right to supervise, “institutional arrangements must be used to make government affairs open throughout the entire process of government operation,” [15]15 Xi Jinping, “Speech at the First Collective Study Session of the Political Bureau of the 18th Central Committee” (November 17, 2012), in *Xi Jinping: The Governance of China*, vol. 1 (Beijing: Foreign Languages Press, 2014), p. 142. so that power operates in the sunlight; we must continue to broaden the channels for the masses to participate in supervision, using modern online supervision platforms to enable the masses to participate in various supervision work in an orderly manner, and to confine power to the cage of institutions.
在领导行政监察体制建设过程中,周恩来一直非常重视人民群众的作用,他主张采取行政监察机关与人民群众监督合作、自上而下的检查与自下而上的监督相结合的方式,强化反贪腐、反官僚主义的力度,保障人民监督权力。他要求监察机关通过民主推荐的方式,从群众中选拔一批愿意主动参与监察工作,且正直公平、认真负责、具有优良品质的人担任人民监察通讯员,采用自下而上的方式监督国家机关、企事业单位和公务人员中存在的种种违法渎职行为,这样做不但提升了行政监察效果,而且有助于推动人民民主的发展,促进了监察机关与群众监督之间的有效互动。在周恩来指示下设立的人民检举接待室,为老百姓检举控告贪腐问题提供了一条监督渠道,可使群众充分发挥民主监督作用,同时也加强了各级监察机关与人民群众的密切联系,形成了体制内监督与体制外监督的良性互动。今天,我们推动全过程人民民主建设,仍要坚持党的群众路线。为保证广大群众有知情权和监督权,“要以制度安排把政务公开贯穿政务运行全过程”, 让权力在阳光下运行;要继续拓宽人民群众参与监督的渠道,通过现代化的网络监督平台,让人民群众有序参与各种监察工作,把权力关进制度的笼子里。
(3) Strictly managing supervision cadres at all levels provides useful reference for continuing to strengthen the construction of the cadre contingent
(三)严格管理各级监察干部,为继续加强干部队伍建设提供有益借鉴
In the process of building the contingent of supervision cadres, Zhou Enlai adhered to the selection criteria of having both ability and moral integrity, with moral integrity taking precedence. In addition to requiring strong political quality, he also examined their actual work ability and professional skills. To strengthen the daily management of the supervision cadre contingent, he personally formulated various rules and regulations to standardize the administrative activities of cadres in organs. To improve the quality of administrative supervision cadres, he instructed the establishment of training classes for supervision cadres, led the formulation of cadre training plans, and adopted various methods such as further education and internships to train cadres at all levels, taking into account their different educational levels and work needs. Regarding various problems that emerged among supervision cadres, he advocated taking different measures for problems of different natures to purify the ranks of the supervision organs. Under Zhou Enlai’s leadership, China’s administrative supervision organs gradually formed a contingent of supervision cadres with relatively strong comprehensive quality, a certain level of education and professional skills. Zhou Enlai’s successful exploration of the training of supervision cadres has provided useful reference and inspiration for continuing to strengthen the construction of the cadre contingent in the future. Since the 18th National Congress of the CPC, [16]16 The 18th National Congress of the CPC was held in November 2012, marking the beginning of Xi Jinping’s leadership and a new phase of anti-corruption and Party building. the Party Central Committee has successively formulated and implemented national cadre education and training plans, twice amended the Civil Servant Law of the People’s Republic of China, and promulgated the Supervision Officer Law of the People’s Republic of China, which clearly stipulates the assessment and reward methods for supervision officers. The implementation of these laws and regulations has further improved the cadre management mechanism of encouraging the advanced, restraining the backward, with clear rewards and punishments and a focus on practical results, making cadre training more institutionalized and standardized, and playing an important role in strengthening the construction of the supervision cadre contingent in the New Era.
在监察干部队伍建设过程中,周恩来坚持德才兼备、以德为先的选用标准,除了要求有过硬的政治素质外,还要考察其实际工作能力和专业技能。为了加强监察干部队伍的日常管理,他亲自制定了各种规章制度,规范了机关干部的行政活动。为了提高行政监察干部的素质,他指示举办监察干部培训班,领导制定了干部培训规划,并针对干部文化水平的不同和工作需要,采取了进修以及实习等多种方式对各级干部进行培训。针对监察干部中出现的各种问题,他主张对不同性质的问题采取不同措施,净化监察机关的队伍。在周恩来的领导下,我国行政监察机关逐渐形成了一支综合素质较强、有一定文化水平和专业技能的监察干部队伍。周恩来对监察干部培养的成功探索,为今后继续加强干部队伍建设提供了有益的借鉴和启发。中共十八大以来,中共中央相继制定实施了全国干部教育培训规划,两次修正了《中华人民共和国公务员法》,并出台了《中华人民共和国监察官法》,明确规定了监察官的考核和奖励办法。这些法律法规的实施,进一步完善了激励先进、约束后进,赏罚分明、注重实效的干部管理机制,使干部培训进一步制度化、规范化,对强化新时代监察干部队伍建设发挥了重要作用。
(4) Upholding the leadership of the Party provides valuable experience for exploring the path of China’s supervision system reform
(四)坚持党的领导,为探索我国监察体制改革之路提供了宝贵经验
The administrative supervision system bears the important responsibility of combating corruption and promoting integrity and building an honest and clean government. For the functions of administrative supervision to be fully effective, it is necessary to uphold the leadership of the Party and law-based governance; only by straightening out the relationship between Party and government supervision can the supervision system play its due role. In the early days of the founding of New China, the first generation of the central collective leadership of the CPC explored the method of combining Party and government supervision, leaving us valuable experience for reference. In November 1949, less than a month after Zhou Enlai led the establishment of the People’s Supervision Committee of the Government Administration Council, the Party Central Committee issued the “Decision on the Establishment of the Central and Local Party Discipline Inspection Commissions.” At that time, although these were two independent institutions, Zhou Enlai closely coordinated administrative supervision work with Party supervision work, jointly carrying out the “Three-Anti” campaign [17]17 The “Three-Anti” campaign (三反运动, *sanfan yundong*) was a nationwide movement launched in late 1951 targeting corruption, waste, and bureaucratism within the Party and government. and the training and education of Party and government cadres. Starting in 1953, some provincial-level Party and government supervision institutions attempted to work together in joint offices; the Anhui Provincial Party Commission for Discipline Inspection and the Provincial Supervision Committee, along with some of their subordinate units, took the lead in conducting pilot projects. In March 1955, the National Conference of the Communist Party of China adopted the “Resolution on the Establishment of the Central and Local Supervision Committees of the Party,” electing Dong Biwu as Secretary of the Central Supervision Committee. This was a Party supervision institution that exercised the functions and powers of the original Central Commission for Discipline Inspection, aimed at more forcefully waging a resolute struggle against acts that violated the Party Constitution, Party discipline, and state laws and decrees. In April 1959, the First Session of the Second National People’s Congress decided to abolish the Ministry of Supervision, and the supervision of the work of functionaries of state administrative organs was to be managed by the relevant state organs.
行政监察体制承担着反腐倡廉、构建清正廉洁的政府的重要责任。要使行政监察职能充分发挥作用必须坚持党的领导和依法治国,只有理顺党政监察关系才能发挥出监察体制应有的作用。新中国成立之初,中共第一代中央领导集体就对党政监督结合的方式进行了探索,给我们留下了宝贵的经验借鉴。1949 年11月,在周恩来领导建立政务院人民监察委员会后不到1个月,中共中央就发出了《关于成立中央及各级党的纪律检查委员会的决定》。当时,这虽然是两个独立的机构,但周恩来把行政监察工作与党的监察工作紧密配合起来,一起开展了“三反”运动和党政干部的培训教育。从 1953 年开始,一些省级党政监察机构尝试合署办公,安徽省纪委和省监察委员会及其一些下属单位率先进行了试点。1955 年 3 月,中国共产党全国代表会议通过《关于成立党的中央和地方监察委员会的决议》,选举董必武为中央监察委员会书记。这是一个党的监察机构,执行原中央纪委的职权,为的是更有力地同违反党章党纪和国家法律法令的行为做坚决的斗争。1959 年 4 月,二届全国人大一次会议决定撤销监察部,国家行政机关工作人员的监督工作由各有关国家机关管理。
In the 1950s, the exploration in China of the transition from separate to integrated Party and government supervisory organs provided valuable experience for the current reform of the supervision system. In July 1987, the 18th Meeting of the Standing Committee of the Sixth National People’s Congress decided to restore and establish a national administrative supervision system and set up the Ministry of Supervision. In October 2017, the 19th National Congress of the CPC pointed the way forward for further improving the supervision system with Chinese characteristics. General Secretary Xi Jinping, in the report he delivered on behalf of the 18th Central Committee to the Congress, clearly stated that it is necessary to “build a supervisory system that is under the unified command of the Party, covers all areas, and is authoritative and efficient, and integrate intra-Party supervision with oversight by state organs, democratic supervision, judicial supervision, public supervision, and media supervision, so as to strengthen the synergy of oversight.” [18]18 Xi In March 2018, the Central Committee of the CPC issued the *Plan for Deepening the Reform of Party and State Institutions*, which stated: “To strengthen the centralized and unified leadership of the Party over anti-corruption work, achieve the organic unity of intra-Party supervision and state organ supervision, and of Party discipline inspection and state supervision, and achieve full coverage of supervision over all public officials who exercise public power, the responsibilities of the Ministry of Supervision and the National Bureau of Corruption Prevention, and the anti-corruption-related responsibilities of the Supreme People’s Procuratorate for investigating bribery, dereliction of duty, and preventing duty-related crimes, shall be integrated. The National Commission of Supervision shall be established, working jointly with the Central Commission for Discipline Inspection under one roof, performing both discipline inspection and supervision duties, operating as one set of working organs with two names.” [19] In the same month, “the First Session of the 13th National People’s Congress deliberated and approved the constitutional amendment and the Supervision Law, and produced the National Commission of Supervision of the People’s Republic of China and its leading personnel, marking the formation of a national supervision system with Chinese characteristics.” [20] The *Supervision Law of the People’s Republic of China* stipulates that the leadership of the Communist Party of China over state supervision work must be upheld, and that “supervisory commissions at all levels are the specialized organs exercising the functions of state supervision. In accordance with this Law, they shall supervise all public officials who exercise public power (hereinafter referred to as public officials), investigate duty-related violations and crimes, carry out clean governance and anti-corruption work, and uphold the dignity of the Constitution and laws.” [21] On September 20, 2021, with the approval of the Central Committee of the CPC, the National Commission of Supervision published the *Regulations on the Implementation of the Supervision Law of the People’s Republic of China*, specifying that they take effect from the date of publication. This is an important measure for deepening the reform of the national supervision system, providing a strong guarantee for promoting the standardization, rule-of-law-based operation, and regularization of supervision work.
20世纪50年代,我国党政监察机构从分设到结合的探索为当今的监察体制改革提供了宝贵经验。1987年7月,第六届全国人民代表大会第十八次常务委员会议决定恢复并确定国家行政监察体制,设立监察部。2017 年 10 月,中共十九大为进一步完善中国特色的监察体制指明了前进方向,习近平总书记在代表第十八届中央委员会向大会做的报告中明确指出,要“构建党统一指挥、全面覆盖、权威高效的监督体系,把党内监督同国家机关监督、民主监督、司法监督、群众监督、舆论监督贯通起来,增强监督合力”。2018 年 3 月,中共中央印发《深化党和国家机构改革方案》,指出:“为加强党对反腐败工作的集中统一领导,实现党内监督和国家机关监督、党的纪律检查和国家监察有机统一,实现对所有行使公权力的公职人员监察全覆盖,将监察部、国家预防腐败局的职责,最高人民检察院查处贪污贿赂、失职渎职以及预防职务犯罪等反腐败相关职责整合,组建国家监察委员会,同中央纪律检查委员会合署办公,履行纪检、监察两项职责,实行一套工作机构、两个机关名称。”同月,“十三届全国人大一次会议审议通过宪法修正案和监察法,产生中华人民共和国国家监察委员会及其领导人员,标志着中国特色国家监察体制已经形成”。《中华人民共和国监察法》规定,坚持中国共产党对国家监察工作的领导,“各级监察委员会是行使国家监察职能的专责机关,依照本法对所有行使公权力的公职人员(以下称公职人员)进行监察,调查职务违法和职务犯罪,开展廉政建设和反腐败工作,维护宪法和法律的尊严”。2021年9月20日,经中共中央批准,国家监察委员会公布《中华人民共和国监察法实施条例》,明确自公布之日起施行。这是深化国家监察体制改革的重要举措,为推进监察工作规范化、法治化、正规化提供了有力保证。
Against the backdrop of the New Era, the establishment of China’s new integrated Party-state supervision system can enable the supervisory function to play a greater role, strengthen the restraint and oversight of power in Party and government departments at all levels, and further promote the construction, reform, and development of China’s supervision system.
新时代背景下,我国党政合一的新监察体制的建立可使监督功能发挥更大作用,强化了对各级党政部门权力的约束与监督,进一步促进了我国监察体制的建设和改革发展。
(Author’s biography: Xu Xing, Doctor of History, Professor, Department of Political Science, Zhou Enlai School of Government, Nankai University)
(作者简介:徐行,历史学博士,教授,南开大学周恩来政府管理学院政治学系)
Online editor: Tong Xin
网络编辑:同心
Notes
- The “Three-Anti” Campaign (1951–1952) was a movement against corruption, waste, and bureaucracy within the Party and government organs. ↩
- The 18th National Congress of the CPC was held in November 2012, marking the beginning of the New Era under Xi Jinping’s leadership. ↩
- These are the standard Chinese periodizations: the Agrarian Revolutionary War (1927–1937), the War of Resistance Against Japan (1937–1945), and the War of Liberation (1945–1949). ↩
- The “Three-Thirds System” was a policy in anti-Japanese base areas where Communists, non-Party leftists, and centrists each held roughly one-third of positions in the representative councils and administrative organs. ↩
- “Clean governance” (廉政) refers to the Party’s goal of a government free from corruption. ↩
- Dong Biwu (1886–1975) was a founding member of the Chinese Communist Party and a senior leader of the state. The North China People’s Government was the precursor to the central government of the People’s Republic of China, established in 1948. ↩
- The “Three-Anti Campaign” (1951–1952) was a nationwide movement in the early People’s Republic targeting corruption, waste, and bureaucracy within state organs and state-owned enterprises. ↩
- The “Three-Anti” movement (sanfan yundong) was a nationwide campaign launched by the CPC in late 1951, targeting corruption, waste, and bureaucracy within Party and state organs. ↩
- The “Three-Anti” movement (1951–1952) was a campaign against corruption, waste and bureaucratism within the Communist Party and government apparatus. ↩
- 10 million yuan refers to the old Renminbi currency in use at the time, equivalent to 1,000 yuan after the 1955 currency reform. ↩
- “Tiger-hunting” was a term used during the “Three-Anti” movement for the pursuit and punishment of major embezzlers. ↩
- Zhou Enlai, “Speech at the First Session of the First National People’s Congress of the People’s Republic of China” (September 23, 1954), in *Selected Works of Zhou Enlai*, vol. 2 (Beijing: People’s Publishing House, 1984), p. 209. ↩
- “Clean governance” (廉政, *lianzheng*) refers to the construction of an honest and clean government, a key concept in the CPC’s anti-corruption efforts. ↩
- The “four forms of decadence” (四风, *sifeng*) refers to formalism, bureaucratism, hedonism, and extravagance, which the CPC has targeted in its rectification campaigns since 2013. ↩
- Xi Jinping, “Speech at the First Collective Study Session of the Political Bureau of the 18th Central Committee” (November 17, 2012), in *Xi Jinping: The Governance of China*, vol. 1 (Beijing: Foreign Languages Press, 2014), p. 142. ↩
- The 18th National Congress of the CPC was held in November 2012, marking the beginning of Xi Jinping’s leadership and a new phase of anti-corruption and Party building. ↩
- The “Three-Anti” campaign (三反运动, *sanfan yundong*) was a nationwide movement launched in late 1951 targeting corruption, waste, and bureaucratism within the Party and government. ↩
- Xi ↩