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国家监察体制改革是关系国家反腐机制的重大改革措施,引发了社会各界的广泛关注。学界讨论的焦点问题之一便是此项改革的法律根据。按照“凡属重大改革都要于法有据”的要求,此项改革也必须纳入法治的轨道。因此,在改革试点结束之后、在全国全面铺开之前必须完成此项改革在立法上的顶层设计和配套法律制度的修改。本文从立法任务、立法的基本原则和基本路径几个方面提出了一些粗浅的构想。
The reform of the state supervisory system is a major reform measure that has a bearing on the national anti-corruption mechanism and has aroused widespread public concern. One of the key issues discussed in academia is the legal basis for this reform. According to the requirement that “all major reforms should be based on law and law,” this reform must also be incorporated into the rule of law. Therefore, after the reform pilot program is completed, the legislative top-level design and the amendment of the supporting legal system for this reform must be completed before the nation is fully rolled out. This article puts forward some superficial ideas on the legislative tasks, the basic principles of legislation and the basic approaches.