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黄树贤:发挥监察职能作用 推进政府职能转变(中英对照)

2014-5-4 19:12| 发布者: sisu04| 查看: 4| 评论: 0|来自: 求是

摘要: Using Supervision to Promote the Transformation of Government Functions
英语口译、笔译资料下载
注:中英文版本并非一一对应,部分原文未有译文。

发挥监察职能作用 推进政府职能转变

Using Supervision to Promote the Transformation of Government Functions

 

黄树贤

Huang Shuxian

 

党的十八大指出,要深化行政审批制度改革,继续简政放权,推动政府职能向创造良好发展环境、提供优质公共服务、维护社会公平正义转变。十八届中央纪委第二次全会对加强中央重大决策部署贯彻落实情况监督检查提出了明确要求。国务院第一次廉政工作会议强调,新一届政府要做的第一件大事就是简政放权、转变政府职能。各级监察机关要充分认识推进政府职能转变的重要性和紧迫性,充分发挥行政监督部门的职能作用,为政府职能转变提供有力保障。

 

At present, one of the biggest tasks that China is facing is to deepen the reform of administrative approvals, streamline administration and delegate power to lower levels, and promote the shifting of government functions towards creating a sound environment for development, providing quality public services, and upholding social fairness and justice. Supervision agencies at all levels are required to fully understand the importance and urgency of efforts to promote the transformation of government functions. By fully exerting their roles as departments for administrative supervision, supervision agencies should provide strong support for the transformation of government functions.

 

深刻认识推进政府职能转变的重要意义

I. The importance of promoting the transformation of government functions

 

当前,我们既面临前所未有的机遇,又面临前所未有的挑战。国际形势依然复杂多变,国内改革发展稳定任务依然艰巨繁重,影响发展的不确定性、不稳定因素很多。能否顺利实现中华民族伟大复兴的中国梦、有效应对经济社会发展面临的各种风险和挑战,推进政府职能转变至关重要。

 

推进政府职能转变,是全面建成小康社会的必然要求。党的十八大强调到2020年全面建成小康社会的奋斗目标,新一届政府提出持续发展经济、不断改善民生、促进社会公正的三项重点任务,都对政府职能体系提出了新的更高要求。当前,政府对微观经济运行干预过多过细,宏观经济调节不够完善,市场监管问题较多,公共服务还比较薄弱等。这些问题与全面建成小康社会的要求不相符合。要抓住和用好重要战略机遇期、加快转变经济发展方式,就必须不失时机地推进政府职能转变,不断提高政府效能,增强社会发展活力。

 

The transformation of government functions is integral to building a moderately prosperous society in all respects. The report to the Eighteenth National Congress of the CPC set out the goal of completing the building of a moderately prosperous society in all respects by 2020. The new government, on the other hand, has set forth the three core tasks of constantly developing the economy, continuing to improve public wellbeing, and upholding social justice. Each of the above goals translates into new and more demanding requirements with regard to how the government should function. At present, there is too much government intervention in micro-economic activities; the capacity of the government to perform macro-economic regulation is in need of improvement; there are still a number of problems with regard to market supervision; and public services are still insufficient. These are all problems that clash with our target of building a moderately prosperous society in all respects. If we are to make the most of an important period of strategic opportunity to accelerate the transformation of China’s growth model, we must lose no time in promoting the transformation of government functions, improving government performance, and injecting greater vitality into social development.

 

推进政府职能转变,是行政体制改革的核心内容。习近平总书记强调,行政体制改革是经济体制改革和政治体制改革的重要内容,转变政府职能是深化行政体制改革的核心。改革开放30多年来,行政体制改革已进行了七轮,实质内容就是从计划经济体制下的政府职能体系不断向社会主义市场经济体制下的政府职能体系转变。实践表明,只有实现政府职能向创造良好发展环境、提供优质公共服务、维护社会公平正义的根本转变,才能真正建立中国特色社会主义行政体制。

 

The transformation of government functions constitutes the core aspect of administrative reform. A total of seven rounds of administrative reform have been carried out since the launch of the reform and opening up drive more than three decades ago. In essence, each of these rounds of reform has been about transforming the functions of the government from those required by the planned economy to those required by the socialist market economy. Fact has demonstrated that only by fundamentally shifting government functions towards creating a sound environment for development, providing quality public services, and upholding social fairness and justice will we be able to establish a socialist administrative system with Chinese characteristics.

 

推进政府职能转变,是政府系统廉政建设的釜底抽薪之策。我国发展社会主义市场经济,政府的宏观调控什么时候都不能丢。但也要看到,政府职能过于宽泛,容易导致行政权力过于集中,甚至滋生设租、寻租现象。实践证明,腐败与政府直接参与微观经济运行的程度密切相关,在那些政府控制重要资源并广泛介入的领域,往往更容易产生腐败。推进政府职能转变、简政放权,减少政府对微观经济的干预,就是从根本上减少权力寻租行为,最大限度地铲除滋生腐败的土壤。

 

Promoting the transformation of government functions represents a fundamental approach to upholding integrity in government organizations. Under no circumstances can the Chinese government discard macroeconomic regulation as a means of economic regulation in the socialist market economy. That said, however, it should be noted that an excessively wide range of government functions can easily lead to the over-concentration of administrative power and even give rise to influence peddling. Fact has demonstrated that corruption is closely linked to the level of direct government involvement in micro-economic activities, with areas in which the government controls important resources and is extensively involved often being susceptible to corruption. Therefore, our efforts to promote the transformation of government functions, streamline administration, delegate power to lower levels, and reduce government intervention in micro-economic activities are aimed at fundamentally reducing influence peddling, and removing the roots of corruption to the greatest possible extent.

 

加强对政府机关转变职能情况的监督检查

II. Strengthening the supervision and inspection of efforts to transform government functions

 

推进政府职能转变,不仅是政府机关一场深刻的自我革命,而且是一项系统工程,任务极为艰巨繁重。各级监察机关要增强政治意识、大局意识,加强执法监察、廉政监察、效能监察,在推进政府职能转变中发挥应有作用。

 

As a profound exercise in the self-reform of government organizations, the transformation of government functions represents a systematic undertaking and a complex task of arduous proportions.

 

加强执法监察,确保转变政府职能各项部署的贯彻落实。执法监察是监察机关的重要职责,也是推进政府职能转变最直接、最有效的手段。《国务院机构改革和职能转变方案》已经全国人大通过,具有法律效力。作为行政监督部门,监察机关要加强执法监察,督促各地区各部门讲政治、顾大局、守纪律,抓紧落实机构改革和职能调整各项要求,科学界定政府职能范围、优化组织结构、理顺职责分工,厘清政府与市场、社会之间的关系。督促各地区各部门深化行政审批制度改革,减少对微观事务的审批事项,该取消的取消、该下放的下放、该整合的整合,规范行政审批行为。要铁面执纪、铁面问责,坚决纠正落实机构改革和职能转变方案不积极、不严格,部门职能应转不转、应变不变或搞变相审批、变相收权等行为,严肃查处搞上有政策、下有对策,或打折扣、做选择、搞变通等行为,以严明的纪律保证机构改革和职能转变顺利进行。

 

Firstly, we need to strengthen supervision over the implementation of laws and regulations to ensure that all arrangements pertaining to the transformation of government functions are implemented. As an important duty of supervision agencies, supervising the implementation of laws and regulations represents the most direct and most effective approach to promoting the transformation of government functions. The Plan for the Reform of State Council Institutions and the Transformation of Their Functions has been passed by the National People’s Congress (NPC) and is therefore legally binding. As departments for administrative supervision, supervision agencies are required to strengthen their supervision over the implementation of this plan. Calling on government departments in all localities to raise their political awareness, bear overall considerations in mind, and observe codes of discipline, supervision departments must oversee government departments in stepping up their efforts to fulfill various requirements on reforming government institutions and adjusting government functions. These requirements include drawing rational boundaries for government functions, optimizing organizational structures, and clearly defining respective duties, with a view to straightening out the relationship between the market, society, and the government. In addition, supervision agencies should also urge government departments in all localities to deepen the reform of administrative approvals and streamline administrative reviews for micro-economic activities through the cancellation, delegation, or consolidation of due items. This will help to standardize the process of administrative approval. By sternly enforcing disciplinary standards and ensuring accountability, supervision agencies should take resolute action against the following: failure to engage in active or serious efforts to implement the plan for the reform of government institutions and transformation of government functions; failure to implement the transformation or change of departmental functions where such transformation or change is required; and any attempt to restore approval rights in disguised form. Supervision agencies should also take punitive measures against those who take countermeasures against the reform of government institutions and transformation of government functions, those who carry out the plan only partially or selectively, and those who make arbitrary changes to the plan during the course of its implementation. By enforcing a strict code of discipline, we will be able to guarantee the effective implementation of initiatives to reform government institutions and transform their functions.

 

加强廉政监察,把廉洁从政的要求贯穿到转变政府职能之中。职责不清、权责脱节,以权谋私、贪污腐败等现象严重影响政府职能作用的发挥,是这次政府机构改革和转变职能需要着力解决的问题。各级监察机关要督促各地区各部门按照“建设职能科学、结构优化、廉洁高效、人民满意的服务型政府”的要求,把廉洁从政贯穿于转变政府职能之中,科学配置权力,厘清权力界线,严格依法行政,严格按照法定权限和程序履行职责。要督促有关部门围绕权力的运行,针对容易发生腐败的薄弱环节,积极推进廉政风险防控,规范自由裁量权,深入开展政务公开,管住管好行政权力。要加强基础制度建设,给权力涂上“防腐剂”、戴上“紧箍咒”,把权力关进制度的笼子里,保证权力在正确的轨道上行使。要坚持有腐必反、有案必查,“老虎”和“苍蝇”一起打。对借机构改革和职能转变之机转移国有资产、挥霍浪费等行为,利用行政审批权搞权力寻租、权钱交易等行为,要严肃查处,绝不姑息。

 

Secondly, we need to strengthen supervision to ensure clean and honest government, and identify clean government as an ongoing requirement in the transformation of government functions. Problems such as poorly defined responsibilities, the detachment of powers from responsibilities, the abuse of power for personal gain, and corruption have seriously undermined the role that the government plays, and therefore must be resolved through our efforts to reform government institutions and transform government functions. In accordance with the goal of building a well-structured, clean, efficient, and service-oriented government that has scientifically defined functions and that the people are satisfied with, supervision agencies at all levels must oversee government departments around the country in making clean governance an ongoing requirement in the transformation of government functions. They must urge government departments to rationally allocate their powers, clarify the boundaries of their powers, exercise administration in strict accordance with the law, and perform their duties in strict accordance with the authorization and procedures prescribed by law. With regard to the exercise of power, supervision agencies must urge government departments to prevent and control threats to clean and honest government, regulate the use of discretionary powers, and strive to promote greater government transparency in areas of their work that are particularly prone to corruption. In this way, government departments should ensure that they are able to properly manage the exercise of administrative power. In addition, through efforts to strengthen underlying mechanisms, supervision agencies should place tight constraints on the use of power in order to prevent power from corrupting. By keeping power within a cage of effective mechanisms, we will ensure that power is exercised in the proper way.

 

加强效能监察,推进服务型政府建设。建设服务型政府,是转变政府职能的重要任务。改善行政管理,提高行政效能,是监察机关的法定职责。监察机关要抓住行政管理活动中的突出问题,积极开展效能监察,以勤政促职能转变。要督促有关部门健全岗位责任制,推行绩效管理制度,防止和纠正庸、懒、散、拖等问题。要促进政府机关坚决纠正不负责任、不敢担当,在工作中不作为、慢作为、乱作为等行为;坚决纠正“门难进、脸难看、话难听”等对群众态度冷漠的问题。要坚持权责统一,强化行政问责,严格责任追究。要督促各主管、监管部门认真履行“管行业必须管行风”的责任,深化民主评议政风行风工作,切实转变工作作风和服务态度,营造风清气正的政务环境。

 

Thirdly, we need to strengthen the supervision of government efficiency in order to promote the development of a service-oriented government. The building of a service-oriented government represents an important aspect of our efforts to transform government functions. It is a legally prescribed duty of supervision agencies to improve administrative management and increase administrative efficiency. By taking target at outstanding issues in government administration, supervision agencies should make active efforts to supervise administrative efficiency, and promote the transformation of government functions by working to ensure government diligence. Supervision agencies must urge the relevant departments to enhance their job responsibility mechanisms and introduce performance-based management, with a view to preventing and rectifying problems such as mediocrity, laziness, slackness, and procrastination. Working under the guidance of supervision agencies, government organizations should take resolute action to rectify undesirable forms of behavior, such as being unwilling to perform duties, being afraid to take responsibility, and failing to act, being slow to act, or acting in an irresponsible way. They must also take stern action to address passive attitudes towards the public, which are characterized by inaccessibility, unfriendliness, and rudeness. In addition, government organizations need to ensure that powers are not detached from responsibilities, enhance administrative accountability, and ensure that breaches of responsibility are followed up strictly. Keeping in mind that the key to managing an industry lies in managing industry conduct, supervision agencies must urge industry authorities and monitors to actively fulfill their responsibilities in this regard by further subjecting themselves to democratic conduct appraisals and taking solid steps to improve their work styles and their attitudes towards those they serve. This will help to create an administrative environment that is characterized by honesty and integrity.

 

积极推进监察机关自身职能转变

III. Actively promoting the transformation of the functions of supervision agencies themselves

 

监察职能是政府职能的重要组成部分。转变政府职能,监察机关必须把自身摆进去,按照机构改革和转变职能的总体要求和方向原则,切实做好转变职能各项工作。

 

Given that supervision constitutes an important function of the government, supervision agencies must regard themselves as an inherent part of the initiative to transform government functions. Working in line with the overall requirements and guiding principles for the reform of government institutions and the transformation of government functions, supervision agencies should take solid steps to perform various tasks with regard to their own transformation.

 

明确定位,牢牢把握监督职责。行政监察法规定:“监察机关是人民政府行使监察职能的机关,依照本法对国家行政机关及其公务员和国家行政机关任命的其他人员实施监察。”应该说,近些年来监察机关在把握职能定位、履行监督职责方面总体上是好的。各级监察机关积极开展监督检查,认真履行职责,对促进业务管理发挥了重要作用。但在实际工作中也存在着定位不准、职责不清等问题,特别是随着形势的不断发展、政府职能转变的推进,对监察工作提出了新的要求,监察机关必须与时俱进,进一步明确定位、转变职能。《国务院机构改革和职能转变方案》明确指出,这次改革的目标,就是要“加快形成权界清晰、分工合理、权责一致、运转高效、法治保障的政府职能体系,真正做到该管的管住管好,不该管的不管不干预,切实提高政府管理科学化水平”。这也是对监察机关的要求。监察机关的主要任务,是通过对监察对象的监督,维护行政纪律,保证政令畅通,其基本职能就是监督。政府各职能部门对应负责的事项都负有监督之责,不能“重审批、轻监管”。监察机关作为专门的监督机关,应该是对政府部门履行职责的监督。要把履行监督职能的切入点从配合政府部门开展业务检查,转变到对政府部门履行职责的监督检查上来。对于政府部门职责范围内的工作,要按照“谁主管、谁负责”的原则,由主管部门负责,监察机关要集中精力加强对监察对象的监督,牢牢把握行政监察的职能定位,切实发挥行政监察的职能作用。

 

We need to clearly define our role and adhere to our supervision duties. The Plan for the Reform of State Council Institutions and the Transformation of Their Functions has clearly defined the following reform goal: “Stepping up efforts to establish a law-based framework of government functions that is characterized by high efficiency, clearly defined boundaries of power, rational division of work between different departments, and the unity of powers and responsibilities, so as to effectively regulate areas within the scope of government duties while refraining from regulating or intervening in areas beyond the scope of government duties, in an effective effort to make government administration more scientific.” These are also requirements for supervision agencies. The main task of supervision agencies is to uphold administrative discipline and ensure the implementation of government decisions through the supervision of government organizations. This indicates that the basic duty of supervision agencies is monitoring. All functional departments of the government have an obligation to monitor the affairs that they are responsible for, and should not overemphasize administrative approval while neglecting to conduct monitoring. As dedicated monitoring agencies, supervision agencies are responsible for monitoring government departments in the performance of their duties. Therefore, we need to shift our approach to supervision from carrying out inspections for government departments to monitoring government departments in the performance of their duties. In line with the principle that “those in charge should be held responsible,” the pertinent government authorities should take responsibility for all work falling within the scope of government duties. Supervision agencies, on the other hand, should focus their attention on strengthening their oversight over the organizations that they are required to monitor. Through their firm adherence to this role, supervision agencies should fully exert themselves in carrying out administrative supervision. 

 

理顺关系,为转变职能提供保障。理顺职责关系,合理配置力量,是转变职能的重要保障。最近,中央纪委监察部按照中央转变职能的要求,对过去参与的领导小组、协调小组、联席会议等议事协调机构进行了调整,由原来的125个精简至39个;同时将内设机构进行调整,减少了职能交叉,加强了监督和办案力量。这次议事协调机构调整,按照履行职责的要求,对确需纪检监察机关参加的予以保留、属于其他部门职责范围的不再参与,其核心是明确定位、转变职能,有利于分清责任、做好本职。这是纪检监察机关转变职能的具体体现,是认真执行中央关于转变工作作风、密切联系群众的八项规定,切实转变作风的具体措施。调整之后,纪检监察机关可以集中精力承担党章和行政监察法赋予的职责。当前,要认真落实中央纪委第二次全会和国务院廉政工作会议的部署,严肃纪律尤其是政治纪律,加强对落实中央八项规定的日常监督检查,加大惩治和预防腐败力度,切实加强纪检监察队伍自身建设,以转变职能的新成效推进党风廉政建设和反腐败斗争深入开展。

 

[Not Translated.]

 

提高素质,切实加强自身建设。转变职能对纪检监察队伍的能力和素质提出了更高要求。要着力提高政治素质,按照“忠诚可靠、服务人民、刚正不阿、秉公执纪”的要求,坚持党性原则,带头执行党的路线方针政策,坚决同消极腐败现象作斗争。要着力提高履职监督能力,认真学习反腐倡廉理论和政策法律,努力掌握纪检监察业务知识,以及经济、管理等方面知识,创新工作思路和工作方式,切实做到“情况明、数字准、责任清、作风正、工作实”。要着力提高自律意识,按照为民务实清廉要求,自觉接受来自各方面的监督,要求别人做到的自己首先做到,要求别人不做的自己坚决不做。最近,中央纪委决定在全国纪检监察系统开展会员卡专项清退活动,这是巩固落实八项规定成果、加强自身建设、实现自我净化的具体措施,把转职能与转作风结合起来,以实际工作和行动赢得党和人民的信任。

 

We need to improve our overall competence and work to better ourselves. The transformation of government functions means higher requirements for the capacity and competence of officials in disciplinary inspection and supervision. We should strive to enhance our political awareness. In accordance with the requirements of “loyalty, dependability, serving the people, uprightness, and the impartial enforcement of discipline,” we should uphold Party spirit and principles, take the lead in implementing the Party’s line, principles and policies, and resolutely fight against corruption and misconduct. We need to enhance our capacity in supervision. To do this, we should conscientiously study theories, policies, and laws pertaining to anti-corruption and clean government, endeavor to master specialist knowledge with regard to disciplinary inspection and supervision as well as the economy and management, and adopt creative ways of thinking and approaches to our work. This will help to guarantee that our understanding is clear, our data is accurate, our responsibilities are well defined, our conduct is upright, and our efforts are productive. In addition, we should also strive to strengthen our self-discipline. In line with the requirement of serving the people in a down-to-earth, honest, and upright fashion, we should consciously subject ourselves to supervision from various sectors of society, set an example in doing what we expect others to do, and resolutely refrain from doing what we do not allow others to do.

 

(作者:中央纪委副书记、监察部部长)

 

(Author: Deputy Secretary of the Central Commission for Discipline Inspection of the CPC and Supervision Minister)


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