中国共产党“组织处理”的制度属性与制度形态分析

An Analysis of the Institutional Attribute and Institutional Form of the Organizational Punishment by the Communist Party of China

组织处理是党组织对领导干部进行教育、管理的一种重要措施,它同党纪处分、问责和政务处分既有相同之处,在处分对象、处分依据和处分方式等方面又存在显著差别。组织处理既是一种责任追究机制,是落实党管干部组织原则的重要手段,同时也是一种处置方式较为灵活的程序性活动。尽管组织处理已深嵌于党内法规和国家法律制度规范中,但目前仍然存在一些问题,如部分制度关于组织处理的规定存在不一致、党纪处分与组织处理相互代替、组织(人事)部门在组织处理中职责不清等。鉴于此,未来修订和完善《中国共产党组织处理规定(试行)》,应夯实组织处理的党章依据,注意不同处分间的搭配关系,明晰纪检监察机关同组织(人事)部门间的职权边界,明确组织处理中的相关期限。

Organizational punishment is an important measure used by party organizations to educate and manage leading cadres.It has something in common with disciplinary punishment within the party,accountability and government sanction,but also has significant differences in punishment objects,basis and methods.Organizational punishment is not only a mechanism of responsibility investigation,but also an important means to implement the organizational principle of placing cadres under party supervision.At the same time,it is also a kind of procedural activity with more flexible punishment methods.Although organizational punishment has been deeply embedded in the inner-party laws and regulations and the national legal system texts,there are still some problems such as the conflict of the provisions on organizational treatment in some institutions,the disciplinary action within the party and organizational punishment replacing each other,and the unclear responsibilities of organizational departments in organizational punishment.In view of this,in order to revise and improve the regulations on organizational punishment,the basis on organizational punishment from the party constitution should be more solid,the matching relationship between different punishments should be paid attention to,the boundaries of functions and powers between discipline inspection and supervision organs and organizational departments should be clarified,and the time limit in organizational punishment should be specified.