The Study On The Normalization Of Disciplinary Punishment System For Party Cadres In China

The Party Central Committee made major strategic plans and deployments on running the party with strict and comprehensive administration and self-discipline after the 18 th National Congress of the CPC aiming to prevent and punish corruption,strictly fulfill the discipline of cadres,severely penalize the cadres who violate the discipline,gradually forge a modern political party based on institution.Since the18 th national congress,the party has highlighted the institutional construction on cadre discipline management and corruption governance,issuing a great many documents and law regulations to prevent corruption,which effectively reduces corruption and improve political style.The disciplinary punishment system for the party cadres is the vital criterion to constrain the behavior of the party cadres.The building,improvement and efficient running of the disciplinary punishment system for the party cadres is very significant to restrict the behavior of the cadres at new era,and they are important part of the institutional administration of the party.Under the current institution,the disciplinary punishment system for the party cadres consists of two parts: party disciplinary disposal and administrative sanction.The party disciplinary disposal refers to the disciplinary decision aiming at the cadres who violate the discipline made by party committee and discipline inspection commission according to specified provisions and procedures;the administrative sanction refers to the punishing measure aiming at the corresponding public servants who violate the disciplines or misconduct made by state administrative organizations in accordance with administrative subordination.For the reason that party cadres have both status of party member and public servant of the administrative organizations,their disciplinary violations should be given corresponding party disciplinary disposals and administrative sanctions based on relevant party regulations and law regulations,but the two punishments can not substitute each other.In China,the illegal acts of party cadres are processed by laws and law regulations,which demonstrates strong institutional normalization.The institutional normalization is mainly reflected in the norms of the laws and law regulations,the norms of the investigation process,the norms of public prosecution and trial procedure and the norms of legal notice.However,in terms of the disciplinary punishment system for the party cadres,the punishment normalization has always been relatively weak,and its normalization is especially weaker than that of the legal punishment when it comes to the punishment of disciplinary violation of the party cadres.The non-normalization of the disciplinary punishment system highlights the fact that China's management on party cadres is non-normalized,which is not in line with the institutional requirements of the modern political party.It is extremely important to improve the disciplinary punishment system for the party cadres.This paper takes the 101 public demotion cases from the website of the Central Commission for Discipline Inspection and mainstream media after the 18 th National Congress of the CPC as the sample materials.By sorting and analyzing the official documents and notices of these sample materials,it is found that the non-normalization of China's disciplinary punishment system for party cadres is mainly displayed in the following aspects: the punishment subject is unclear;the disposition procedure is not normative;the definition and punishing standard of disciplinary violations is in lack of institutional basis;the format of statement and terms are not normative.It is suggested that the improvement and normalization of punishment system and punishment procedure should be given much emphasis in future work of improving the disciplinary punishment system for party cadres,and the legislation spirits and principles should also be strictly kept to.Specifically,the punishment subjects,the punishing standard,the complaints and remedies,and the format of statement and terms should be further normalized.