The supervisory organs should be given certain legislative authority, which is the need of the construction of national supervision legal system, the need of the smooth development of supervision work and the need to protect the legitimate rights and interests of the monitored persons.It is necessary to solve the lack of legal provisions and clarify the misunderstanding of the nature of the supervisory organ and its colocation with the Discipline Inspection Commission.At present, the Decision of the Standing Committee of the National Peoples Congress cannot meet the need of the legislative power, and the legislative power of the supervisory organs must be given through the amendment of the Legislative Law and other relevant laws.The level of the supervisory organ exercising the legislative power should be clarified,and only the National Supervisory Committee can exercise the supervisory legislative power.The scope of the legislative power should be specified, that is, supervisory powers, the scope of supervisory objects, supervisory procedures, the connection between supervisory organs and judicature, and the internal management of supervisory organs should be specified or stipulated.The way to supervise the exercise of legislative power should be clarified,including the supervisory regulations and supervisory interpretation.The oversight of supervisory legislation should be clarified,and the supervisory regulations and supervisory interpretation should be subject to archival review by state organs of power.
王春业. 论赋予监察机关立法权——兼评全国人大常委会的《决定》[J]. 浙江工商大学学报, 2020, 34(4): 5-14.
WANG Chunye. On Giving the Supervisory Organs Legislative Power——Comments on the Decision of the NPC Standing Committee. Journal of Zhejing Gongshang University, 2020, 34(4): 5-14.