監察官懲戒制度的理論邏輯及優化路徑

我國當前實行以監察機關內部懲戒為主渠道的監察官懲戒制度。以法治化監察為導向，監察官懲戒制度旨在通過責任追究和公正懲戒實現對監察官的權力約束和權益保障。在單軌懲戒體制下，政務處分與單位處分的主體合併和專業性懲戒與一般公職懲戒的渠道合併，面臨外部監督力量不足和監察官職業特性體現不足等困境，未來應通過制度完善促進其功能實現。為使專業性懲戒遵循專業化邏輯，可考慮適時成立監察官懲戒委員會，明確設立主體、工作機構和職責權限。監察官懲戒事由包括實體和程序辦案責任以及職業倫理責任三種責任模式。其中實體辦案責任作為專業性責任應納入審議前置範圍，在主客觀統一原則下確定構成要件，明確“一案雙查”的責任分配機制，建立豁免機制。同時應規範啟動條件和銜接機制，明確聽證和審議認定的程序要求，保障監察官的救濟權。

At present, China implements a disciplinary system for supervisors mainly through the internal discipline of supervisory organs. Guided by the rule of law, this system aims to restrict supervisors’power through accountability, and protect their rights and interests through just punishment. Under the unified disciplinary system, the combination of the subjects of administrative and unit discipline, as well as the combination of the channels of professional and public discipline, leads this system to certain theoretical dilemma, including the lack of external supervision power and the inability of fully reflecting supervisors’profession characteristics. In the future, we should increase its effectiveness by improving this system. In order to make professional accountability follow the logic of specialization, the timely establishment of supervisor disciplinary committee should be considered, and its establishment subject, operating organ and responsibility and authority should be clarified. There are three models of supervisor responsibility: substantive and procedural responsibilities for handling cases, as well as the professional ethics responsibility. Among them, the first model, as a professional responsibility, should be reviewed by the disciplinary committee in advance. Regarding this type, it is necessary to clarify its constituent elements based on the principle of integrating subjectivity and objectivity, construct the responsibility allocation standards of“one case, two investigations”, and establish the exemption mechanism for professional responsibility. In addition, we should standardize the triggering conditions and the connection mechanism of disciplinary procedures, clarify the specific requirements in the hearing and review procedures, and guarantee the remedies of supervisors.