Paradigm and Supervision:Legal Management of Supervisory Bodies in Decriminalizing Duty Crimes
An in-depth analysis of the behavior of the supervision organs in dealing with duty crimes by decriminalization can yield the discovery that a triple logic of history,theory and practice is contained in the process,which is not only the inheritance of the historical experience of the Chinese Communist Party in"learning from past mistakes to avoid future ones,curing diseases to save people",but also the embodiment of the meaning of the supervision organs exercising their power,and the application of the work paradigm of the supervision organs in practice as well.However,some dilemmas cannot be avoided,which include doubts about the legitimacy of decriminalizing job-related crimes,threats to judicial power,and arbitrariness in the exercise of supervisory power.The root cause lies in misunderstanding the concept of Party discipline and criminal punishment,in the vague norms in job crime decriminalization as well as in lacking the system for effective supervision and control mechanism on monitor-ing organs,ultimately resulting in the reality of the"quagmire".For this reason,it is necessary to understand the relationship sys-tematically and correctly between Party disciplinary and administrative sanctions and criminal penalties,to clarify the criteria for the supervision authorities in decriminalizing job-related crimes,and to establish and improve the supervision and control mecha-nism for the supervision authorities so that the goals of the reform of the supervision system can be materialized.
supervisory organsdecriminalizationduty crimesParty disciplinary and administrative punishment
NETL
NSTL
万方数据
