抗日战争时期国民政府公务员惩戒权的嬗变

Changes of the Disciplinary Powers of National Government Civil Servants during the Anti-Japanese War

国民政府为了澄清吏治,建立了公务员惩戒制度。在抗战时期,国民政府为因应时局的需要,出台并施行《非常时期监察权行使暂行办法》《抗战期内受免职停止任用处分公务员暂缓执行办法》《惩治贪污暂行条例》等三项重要法令,使违法失职公务员的审判机关不再局限于公务员惩戒机关,其上级长官、服务机关、军法官等都可以做出“种种任意便宜处置”,每一个法令颁布的结果都使惩戒机关原有的惩戒职权被不断限缩,反而成为降低惩戒效果,加剧国民政府吏治腐败的重要原因。

In order to clarify the government,the National Government established a civil servant disciplinary system.In response to the needs of the situation,the National Government enacted and implemented three important laws,i.e.the Provisional Measure for the Exercise of Supervisory Power during the Extraordinary Times,the Provisional Measures for the suspension of Execution of Dismissal and Suspension of Public Officials during the Period of Anti-Japanese War and the Provisional Regulations for Punishing Corruption.As a result,the adjudication bodies for civil servants who violated laws or neglected their duties were no longer limited to thecivil servants disciplinary authorities.Their superiors,service agencies,military officials can all make“various arbitrary and convenient disposals”.The issuance of each decree resulted in the continuous restriction of the original disciplinary power of the disciplinary authorities.This has also led to a reduction in the effectiveness of punishment and exacerbated the corruption of officials in the National Government.