| In March 2018,the Chinese Communist Party central committee issued the plan for deepening the reform of party and state institutions.Since then,China has embarked on the eighth systematic,comprehensive and restructured institutional reform since the founding of new China.Among them,the establishment of the supervisory commission and the implementation of its work have realized the comprehensive coverage of the supervision of public officials,which is conducive to the in-depth promotion of clean party conduct and anti-corruption efforts,and the establishment of an effective mechanism that dares not to,cannot and does not want to corrupt.It will further modernize China’s governance system and capacity to govern.Supervise sanction is one of the three functions of supervision,investigation and disposal by supervisory organs.Where the nature of the punishment is to be imposed by a supervisory organ,it shall be a general punishment against a public official who violates the law but does not constitute a criminal act.Under the supervision system that covers the whole area,the units and organizations that appoint and dismiss civil servants,the disciplinary committees of judges and prosecutors,public institutions and other institutions and organizations still reserve the right to dispose of the public servants under their management.In the "civil servant law" is called punishment,in the "judges law","prosecutors law" is called discipline.At the same time,based on the fact that there are a majority of party members in the ranks of public officials in our country,the public officials who have party membership should be punished for violating party discipline.In order to explain the convenience,the article will refer to this part of the punishment and punishment of public officials made by non-supervisory organs as "internal punishment".In the case of parallel supervise punishment and internal punishment,there must be a problem of mutual connection due to the similarity and intersection of disciplinary elements such as the scope of objects and illegal causes.Taking this as the topic,this paper tries to make a systematic study on the connection between supervise punishment and internal punishment.It is expected to provide some theoretical reference for the law on supervise disposition of public officials.According to the scope and category of public officials one by one system analysis and theoretical interpretation,through the system standard analysis of all kinds of punishment system,to get how to connect with the administrative sanctions and Suggestions.The article is divided into five parts except the introduction and conclusion.The first part is "evidence of the connection between administrative punishment and internal punishment".On the basis of clarifying the connotation and nature of administrative punishment and internal punishment respectively,this paper expounds the value and general principles of the connection between administrative punishment and internal punishment,which lays a theoretical foundation for the analysis of each connection below.The second part is "the connection between administrative punishment and administrative department".This paper discusses the evolution of the application of administrative sanction before the establishment of supervision system,and how to coexist and connect with the administrative office in pipeline and procedure after the reform of supervision system.The third part is "the connection between supervisory sanction and judge’s inspection of internal punishment".This part expounds the evolution of the judicial system reform and the supervision system reform of the internal punishment of judges and prosecutors,and according to the existing provisions of relevant laws and regulations,how the two should be well connected in the jurisdiction and procedure under the dual-track system.The fourth part is "the connection between the supervisory sanction and the internal sanction of the staff of the institution".Discuss how the two can be smoothly connected according to the parallel but not repeated pattern.The fifth part is "the connection between supervisory punishment and party discipline punishment".This paper discusses how to realize the connection between supervisory punishment and party discipline punishment under the realistic condition of working in the party and government offices,and selects a case to analyze. |
