关键词: 监察权, 监察独立, 监察一体, 监察官独立

Abstract:

The principle of supervisory organs’ exercising their supervisory power independently in accordance with the law in China is centered on the overall independence of supervisory organs, without sufficient attention to the independence of supervisors. While vigorously combating corruption, this may reduce the efficiency of power exercise, fail to mobilize the enthusiasm of internal organizations, and cause certain problems of accountability. The independent exercise of power by supervisors should be an inherent part of the principle of independent supervision and Oversight Officials Law. This is also essential to preventing the drawbacks of the integrated supervision and ensuring the correct exercise of supervisory powers. The supervisors’ exercising of power with limited independence is not in conflict with the reform of the national supervision system, and can draw lessons from the judicial power due to the commonality of handling duty-related crimes. To realize the principle of supervisory independence, the construction of supervisors’ limited independent exercise of power should be premised on strengthening their qualifications and centered on authorizing supervisors and other case-handling organizations according to the importance of the supervisory matters and the impact of specific supervisory powers, combining with the early intervention of the procuratorate in the investigation and the addition of the rights of the investigated persons.

Key words: supervisory power, independent supervision, integrated supervision, independence of supervisors