惩戒权之适用对象相对论

惩戒权的适用对象应当受到严格限制:一是非职业行为即私人行为不能纳入惩戒权的范畴;二是惩戒不能妨碍社会保障权的实现。惩戒权的适用对象,应当特别注意区分党员劳动者与非党员劳动者:党员劳动者之非职业行为应纳入惩戒的范围;而非党员劳动者之非职业行为则不能。党员劳动者非职业行为之惩戒依据不能是单位内部规章或纪律,而只能是党规党纪。对党员劳动者非职业行为惩戒应当实行单罚,而不能实行双罚。用人单位行使惩戒权,不得剥夺或减少劳动者之社会保障待遇。

The Application Objects Theory of Disciplinary Power

The application objects of disciplinary power should be strictly limited: first, the non-professional behavior that private behavior cannot be included in the scope of disciplinary power; second, the punishment can not hinder the realization of social security rights. Referring to the boundary of disciplinary power, we should pay special attention to distinguish between Party members and non-Party members: the non-professional behavior of Party members shall be included in the scope of punishment; but the non-Party members should not. The disciplinary basis of non-party workers occupation behavior is not internal rules or discipline, but is only the party rules and the party discipline, such as "the Disciplinary Regulations of the Communist Party of China". The disciplinary punishment of the non-professional behavior of the party members should practice single punishment, but not double punishment. The employing unit should not deprive or reduce the social security benefits of the laborers.