| Since the founding of the People’s Republic of China,after continuous exploration and development,China’s supervisory system has gradually stepped out of a socialist country with Chinese characteristics.As an important institutional achievement of the reform of the national supervision system in the new era,the Administrative Disposition Law of the People’s Republic of China on Public Officials(hereinafter referred to as "Administrative Disposition Law")unified the standards,types,applicable rules and periods of punishment,and realized the full coverage of supervision of all public officials exerting public power,which is of great significance to improve the standardization and legalization of the punishment to the public officials.This paper focuses on the "administrative sanctions" and "sanctions" double track disciplinary system constructed by Administrative Disposition Law and makes a further study.And here "administrative sanctions" and "sanctions" are two different concepts,the executor of "administrative sanctions" is the supervisory organs,and the executor of "sanctions" is the organs appointed and dismissed by the public officials(hereinafter referred to as "appointing and dismissing organs").Before the promulgation of Administrative Disposition Law,China implemented a single-track disciplinary system.Single-track system and double-track system are two relative concepts.The "single-track system" refers to the system in which the appointing and dismissing organs can only punish the illegal acts of public officials.The "double-track system" refers to the system in which both the supervisory organs and the appointing and dismissing organs can punish the illegal acts of public officials.The promulgation and implementation of the Administrative Disposition Law has realized the evolution of the disciplinary system of our country’s public officials from "single-track system" to "double-track system".The progressive significance of the "double-track system" is mainly reflected in four aspects: First,the supervision mode has changed from a single internal supervision to a mutual supervision by combining the internal and external supervision.Second,the full coverage of supervision is achieved.Third,the level of standardization and legalization of the disciplinary system is improved.Fourth,it’s beneficial to protect the legitimate rights of public officials.The operation mechanism of "double-track system" can be summarized as: "administrative sanctions" and "sanctions" have both "division" and "combination",both of which are parallel and beneficial.The "combination" is mainly reflected in: First,in the term of the scope of application,the full coverage of supervision of public officials is achieved by affecting jointly.Second,the standards,types,applicable rules and periods of punishment are unified.The "division" is mainly reflected in: First,the name is different,the sanction made by the appointing and dismissing organs is called "sanctions",and the sanction made by the supervisory organs is called "administrative sanctions".The second is "no double punishment",that is,the supervisory organs and the appointing and dismissing organs shall not repeat the punishment to the same illegal act.However,if the supervisory organs find that the appointing and dismissing organs should make punishments,but not,or the punishment given is illegal or improper,the supervision suggestions should be put forward.Third,the procedure and relief system of "administrative sanctions" and "sanctions" are different.The "double-track system" is of great progress,meanwhile,we should also note that there are still some difficulties in practice due to the lack of detailed provisions made by Administrative Disposition Law on the coordination between "administrative sanctions" and "sanctions".First,there is no clear delineation of the jurisdiction of the supervisory organs and appointing or dismissing organs towards the public officials’ illegal acts.Ambiguity of jurisdiction may lead the supervisory organs and the appointing or dismissing organs to compete for disciplinary jurisdiction,or mutually buck-passing or inaction,so as to weaken the authority of the law and undermine fairness and justice.Second,there are no special provisions on disciplinary jurisdiction of special public officials.Administrative Disposition Law stipulates the "commonness" of all types of illegal acts of public officials,but does not stipulate the " individuality ".When the special provisions have been made by law for certain special public officials,it is not advisable for the supervisory organs to carry out administrative sanctions,but rather to respect the rights of sanctions of the appointing and dismissing organs.Third,there is no information sharing mechanism between the supervisory organs and the appointing and dismissing organs.Since the appointing and dismissing organs are unable to obtain timely information on the filing and punishment of the supervisory organs,they are unable to take the necessary restrictive measures against the respondents in time,even leading to the possibility that administrative sanctions may not be enforced and eventually become "white articles of law".Similarly,the failure of the supervisory organs to have timely control over the dispositions and executions made by the appointing and dismissing organs has made it difficult to fulfil its supervisory duties.Fourth,there is no cooperation mechanism between the supervisory organs and the appointing and dismissing organs.In the process of investigation and evidence collection,the supervisory organs need the assistance of the appointing and dismissing organs.The insufficiency of the investigation means makes the appointing and dismissing organs also need the power of the supervisory organs.In the absence of a working cooperation mechanism between the two,it is easy to make the investigation difficult to be carried out and restrict the role of the double-track system.In view of the above problems,the author puts forward the corresponding countermeasures and suggestions.First,clear the jurisdiction of the public officials’ disciplinary power.Jurisdiction can be distinguished according to the complexity of the case,the severity of disciplinary violations and the status of the parties.Second,make special provisions on the punishments of judges,prosecutors and representatives of the National People’s Congress and other special public officials.Third,establish the information sharing mechanism of the supervisory organs and the appointing and dismissing organs.It is necessary to clarify the time limit and ways of the supervisory organs to serve the decision on administrative sanctions,establish the feedback system of execution of administrative sanction and carry out the record review system,that is,the appointing and dismissing organs should timely submit sanction decisions to the supervisory organs for the record review and so on.The fourth is to establish a working cooperation mechanism between the supervisory organs and the appointing and dismissing organs.Strengthen the Party’s unified leadership of the supervision work,establish a unified coordination mechanism,integrate the units that provide cooperation for the investigation of duty-related illegality into the scope of cooperation,maximize the advantages of various departments,and provide the support for the investigation and handling of cases by the supervision organs and the appointing and dismissing organs.Fifth,strengthen the supervision and restriction over the disciplinary rights of the supervisory organs,the appointing and dismissing organs.Strengthen the supervision of the supervisory organs,mainly to play the role of the people’s congress,the society,the public opinions,the masses and other supervisory forces,and strengthen the self-supervision of the supervisory organs,clear the legal liability of the supervisory organs and supervisors.Strengthen the supervision of the appointing and dismissing organs,mainly through the supervision organs earnestly perform their duties and solve the problems of inaction,illegal acts and improper acts by the appointing and dismissing organs. |
