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监督法是实体法,更是程序法。但对于违反监督法规定是否应承担法律责任这一问题,各方却持不同观点:有人认为,监督法没有专门“法律责任”的章节,也没有对违反监督法作出承担责任的规定,这就造成监督法实施后显现出监督困境;但也有人认为,虽然监督法在法律责任方面的规定尚不完善,但在宪法以及相关法律中确能找到相应的责任条款,因此违反了监督法,必定要承担法律责任。目前,对违反监督法规定究竟该承担怎样的法律责任说法不一,仍需进一步探讨。
Supervision law is substantive law, it is procedural law. However, all parties hold different opinions on whether the law of supervising law should bear the legal responsibility or not: Some people think that there is no special “legal liability” chapter in the law on supervising law and there is no stipulation on liability for breach of supervising law. However, some people think that although the supervisory law is still imperfect in terms of legal liability, corresponding liability clauses can indeed be found in the constitution and related laws, thus violating the supervision law , Must take legal responsibility. At present, there are different opinions on what kind of legal responsibility should be borne by the supervisory law, which still needs further discussion.