| Since the 18 th Party Congress,the Party Central Committee,with Comrade Xi Jinping at its core,has been pushing forward the reform of the discipline inspection and supervision system in order to strengthen the Party’s centralised and unified leadership of anti-corruption work,strengthen the constraints and supervision of public power,and improve the institutional mechanism of discipline inspection and supervision,and many important milestones have been achieved.At present,the reform of the discipline inspection and supervision system has entered a comprehensive stage of deepening.It should be said that the deepening of the reform of the discipline inspection and supervision system has not only shaped and created a new discipline inspection and supervision system and many new issues,but also posed the theoretical challenge of how to construct a reasonable and feasible explanatory framework for the new discipline inspection and supervision system and its phenomena that have emerged from the current deepening of the reform of the discipline inspection and supervision system,based on the localised context and the reality of the discipline inspection and supervision system with Chinese characteristics.Not long ago,the Third Plenary Session of the 19 th CPC Central Committee’s Programme for Deepening the Reform of the Party and State Institutions linked "discipline inspection" and "supervision" from a coordinated and coherent perspective,and stressed the importance of "realising the organic unification of the Party’s discipline inspection and state supervision".The objective of the reform is to further deepen the understanding of the reform of the discipline inspection and supervision system,but how to understand the organic unification of discipline inspection and supervision,why discipline inspection and supervision can be organically unified,and how to achieve the organic unification of discipline inspection and supervision need to be further explained.In view of this,this paper will attempt to build an explanatory framework for the new discipline inspection and supervision system and its phenomena by using the organic unity of discipline inspection and supervision.The text is divided into five chapters,with a logical progression of "what,why and how",and a study of the organic unity of discipline inspection and supervision.Chapters 1 and 2 focus on "How to Understand the Organic Unification of Discipline Inspection and Supervision".As a reform objective proposed by the Third Plenary Session of the 19 th CPC Central Committee,the "organic unification of discipline inspection and supervision" is a special expression of the "organic unification" discourse with Chinese characteristics commonly used by the CPC in the management of the Party and the state,and it is also an inheritance and development of the phrase "the organic unity of adhering to the Party’s leadership,the people’s sovereignty and the rule of law" and "the organic unity of regulation-based Party governance and law-based state goverance".By analysing the discursive form of the "organic unity" discourse system with Chinese characteristics and its meaning,the "organic unity of discipline inspection and supervision" in the sense of a goal can be understood as a process in which the two come together to form an ideal state.Historically,then,the organic unification of discipline inspection and supervision represents a dynamic process of organic unification between the two,which has undergone a historical evolution from "separate Party’s discipline inspection and administrative supervision" to "combined Party’s discipline inspection and administrative supervision" and then from "combined Party’s discipline inspection and administrative supervision" to "combined Party’s discipline inspection and state supervision",and has achieved a major transformation from "separation" to "unification" of discipline inspection and supervision,from a "multi-headed system" to a "double-headed system" of Party and State anti-corruption agencies,and from "fragmentation" to "centralization" of the Party and State’s authority to supervise.In reality,the organic unity of discipline inspection and supervision represents an objective state of static organic unity between the two.Currently,through the deepening of the reform of the discipline inspection and supervision system and the institutionalization of the reform results,the discipline inspection and supervision subjects,discipline inspection and supervision duties,discipline inspection and supervision objects,discipline inspection and supervision powers,discipline inspection and supervision procedures respectively present an objective state of organic unity of "integration","performance","comprehensive coverage","realization" and "integration and coherence".Chapter 3 focus on "Why discipline and supervision can be organically united".This is answered on a theoretical level.The first is an exploration of the theoretical origins of the organic unity of discipline and supervision.As a major creation with Chinese characteristics,the organic unification of discipline inspection and supervision has deep theoretical origins,and the creation,existence and development of the organic unification of the two is guided precisely by the ideological content of Marxism and its Chineseisation process in relation to supervision(discipline inspection and supervision).These ideas,which have kept pace with the times,not only constitute the theoretical origins of the organic unity of discipline inspection and supervision,but also provide the theoretical basis for explaining why discipline inspection and supervision can be organically unified.The second is a theoretical demonstration of the intrinsic unity that characterises the organic unity of discipline and supervision.From an institutional perspective,the co-location of disciplinary and supervisory bodies means that the disciplinary and supervisory system is homogeneous in terms of institutional structure.Based on the analysis from the perspective of power,under the historical logic of the party building the state and the real logic of the party leading the state,the party holds and uses the state power which implies that the power of discipline inspection and supervision has coherence in the operation of power.Based on a value-based analysis,the transmission and shaping of values from the CPC determines that the discipline inspection and supervision organs under the unified leadership of the Party have the same direction in their pursuit of values.Analysed from an institutional perspective,the system of socialist rule of law with Chinese characteristics incorporates both Party regulations and national laws,it reflects the intertwined nature of the discipline inspection and supervision institution under the unified rule of law system in terms of institutional norms.The third is the construction of a theoretical logic for the organic unity of discipline and supervision.In terms of theoretical logic,the organic unification of discipline inspection and supervision is not a direct organic unification,but an organic unification with the leadership of the Party.The logic lies in the fact that the Party’s leadership is the key link that promotes and guarantees the organic unity of discipline inspection and supervision,while the organic unity of discipline inspection and supervision is the direct realisation of the Party’s leadership.This establishes a three-dimensional logical framework for the organic unity of "discipline inspection-Party leadership-supervision".Chapters 4 and 5 focus on "The path towards the organic unification of discipline and supervision".The Fourth Plenary Session of the 19 th CPC Central Committee clearly proposed "deepening the reform of the discipline inspection and supervision system and promoting the standardisation and rule of law of discipline inspection and supervision work".This means that the ideal state for the organic unification of discipline inspection and supervision should be the state of rule of law,and the rule of law is the natural way forward for the organic unification of the two.From the abstraction of the meaning of the rule of law,the rule of law to promote the realization of the ideal state of organic unity of discipline inspection and supervision,its significance is mainly reflected in the following two aspects: first,the rule of law to the organic unity of the two to provide guidance on behavior;second,the rule of law for the organic unity of the two to establish the evaluation criteria.From the perspective of the concrete rule of law path,the rule of law into the process of organic unification of discipline inspection and supervision,its path mainly includes the following three aspects: first,the supremacy of the Constitution is the most core principle of the rule of law to promote the ideal state of organic unification of the two should follow;second,the rule of law-led thinking on discipline and law is the most fundamental thinking on the rule of law to promote the ideal state of organic unification of the two should uphold;third,major reforms in accordance with the law is the most important way to promote the ideal state of organic unification of the two should adopt.By examining the current process of organic unification of discipline inspection and supervision by the standards of the rule of law,the following major problems can be found that need to be solved.First,at the level of discipline inspection and supervision legislation,The current disciplinary legislation has unclear boundaries and oversteps the supervisory legislation,thus substantially leading to the adjustment of party regulations beyond the boundaries,which should be determined according to the distinction of the relationship that needs to be adjusted in the system of discipline inspection and supervision co-location,so as to determine the way to adopt the discipline inspection and supervision legislation that is compatible with it,and thus form the rule of law pattern of discipline inspection and supervision legislation together.Secondly,at the level of discipline and law enforcement,the current disciplinary and supervisory organs face the problem of how to achieve the coherent connection between party disciplinary punishment,political punishment and other treatment and disposal.In this regard,the disciplinary and supervisory organs should take the premise of clarifying the facts of the discipline inspection and supervision subject’s violation of the Party regulations and national laws,and promote the coherence of discipline and law enforcement through the precise and effective use of the "four forms" and the effective interface with justice.Thirdly,at the level of control and supervision of discipline inspection and supervision power,the current control and supervision of discipline inspection and supervision power is highly dependent on the self-monitoring of the CPC and disciplinary and supervisory organs,and it is difficult to form a permanent power constraint with this model of "internal control and supervision as the main body and external control and supervision as a supplement".In this regard,considering exploring the construction of an "internally and externally balanced" model of power control and supervision by updating the ideology of power control and supervision,as well as strengthening the external supervision of the National People’s Congress by carrying out a review of the constitutionality and legality of joint discipline inspection and supervision legislation,implementing an early intervention mechanism to strengthen the external control of the procuratorial organs,and introducing judicial remedies to strengthen the external control of the judiciary. |
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