《行政机关公务员处分条例》的进步与不足

Improvements and Limitations of the Punishment Ordinance for Civil Servants Working in Administrative Organs

《行政机关公务员处分条例》使我国的行政纪律惩戒规范变得更加完整和系统化。在内容上突出了从严治纪;在程序上对行政处分作了详细的规定,这必将推进行政处分工作的法治化。《行政机关公务员处分条例》的疏漏之处主要有:没有规定国家对行政机关公务员违法违纪行为的追究时效;没有明确是否适用于行政机关内的聘任制公务员;行政机关以外的公务员处分工作是否参照其执行也未予明确。

The Punishment Ordinance for Civil Servants Working in Administrative Organs makes administrative punishment rules in China more complete and more systemic. It not only emphasizes the strict maintenance of discipline, but also prescribes the procedure of administrative punishment in details, which would improve the development of the rule of law in administrative punishment. However,there are some limitations in the Punishment Ordinance for Civil Servants Working in Administrative Organs. It does not prescribe the limitation for the state to punish civil servants who violated law or discipline; it does not clarify that whether it could apply to the civil servants who are employed by the administrative organs ; and it is not clear that whether the civil servants who do not work in administrative organs should be punished in accordance with this ordinance.