论民主党派中行使公权力的公职人员范围——以监察法之监察对象为视角

On the Scope of Public Officials Exercising Public Power in Democratic Parties

监察法总则关于监察对象的规定和分则中的规定不一致,应当通过解释理解的方式将分则中的规定与总则实现逻辑上的协调和统一。对于民主党派而言,除将明确列举的机关之公务员作为监察对象外,应当慎重适用监察法所设定的弹性条款,尤其是对"有关人员"的理解不宜做扩大适用。鉴于民主党派自身政治地位和责任的匹配性,兼职的基层党组织之党务人员和普通党员的党务管理及参政议政行为,不应列入监察对象。在监察法实施细则出台之前,应当从有利于当事人的法理出发确定监察对象,避免监察法对监察对象规定的模糊性导致监察监督面过宽,从而造成不良的执法效果。

There are inconsistencies between the General Regulations and the Specific Provisions on the object of supervision in the supervision law, which should be logically coordinated and unified through interpretation and understanding.For the democratic parties, in addition to the civil servants who are clearly listed as the objects of supervision,they should also be carefully apply the flexible clauses set by the supervision law. In particular, the understanding of "related personnel" should not be extended. In view of the matching of the political status and responsibilities of the democratic parties, the party affairs management of the party organizations and the ordinary party members of the party organizations at the grassroots level should not be included in the supervision. Before the introduction of the implementation rules of the supervision law, it is necessary to determine the object of supervision from the legal principles that are beneficial to the parties, and avoid the ambiguity of the supervision law on the supervision object, which leads to excessive supervision and supervision, and brings about bad enforcement effects.