The identification of suspected violations of discipline and law and related legal basis for the suspected violations of discipline and law

Which behaviors in epidemic prevention and control are suspected of disciplinary violations of laws and regulations

(Responsibility distinguishable pursuit)

1. Case

On March 27, 2022, the Harbin Municipal Commission for Discipline Inspection of Heilongjiang Province issued the "Notice on the Personality and Accountability of 11 Performances and Cadres of the Epidemic in Wuchang City": " Since the local epidemic, under the strong leadership of the Party Central Committee and the Provincial Party Committee and the Municipal Party Committee, under the strong guidance of the working group of the State Council ’s joint defense and control mechanism, party organizations at all levels and the majority of party members and cadres at all levels in the city have quickly acted, facing difficult It has effectively curb the epidemic.

However, some party members and cadres in Wuchang City have not high political standing, not enough attention, insufficient awareness of responsibility, poor emergency response, and negligence and loss, resulting in the spread of the epidemic. In order to further strict discipline, after careful investigation and verification by the Harbin Discipline Inspection Commission and the Wushang Municipal Commission for Discipline Inspection, they decided to account for accountability for 11 party members and cadres in accordance with the law and law.

(1) Fu Xiaoyan, secretary and director of the Standing Committee of the Municipal People's Congress of Wuchang City, as the leader of Baobao Lalin Town, the prevention and control measures for the normalized epidemic situation of Lalin Town, insufficient emergency preparation, poor work connection, implementing the epidemic situation, implementation of the epidemic situation There are important leadership responsibilities such as the inadequate control measures and other issues, and they are dealt with by admonition.

(2) Wei Benyu (non -Communist Party member), deputy mayor of Wuchang Municipal Government, as a leader in the work in charge of culture, education and health work, and the implementation of the decision -making deployment of superiors at the same level. The "whistle" role of the Second People's Hospital of Wuchang City has important leadership responsibilities and other issues, which have been held by government affairs.

(3) Zhang Zhongtao, Secretary of the Party Committee and Director of the Education Bureau of Wuchang City, Li Zhongguo, member of the Party Committee and Deputy Director, is not in place for the deployment of the epidemic prevention and control work, the supervision and inspection, and the tracking and questioning. There are major leadership responsibilities for problems such as strict work. Zhang Zhongtao was warned by the party, and Li Zhongguo was severely warned by the party.

(4) The party branch and principal of Lulin Town Central School of Lulin Town, Wuchang City, are not strict with the school's daily epidemic prevention and control work. The situation has led to cross -infection of many teachers and students, causing serious consequences, and severely warned and drank by the party within the party.

(5) Bao Lishan, Secretary of the Party Committee and Director of Wuchang Municipal Health and Health Bureau, is not in place for the implementation of the implementation of the epidemic prevention and control work, supervision, inspection, and tracking and questioning. There are major leadership responsibilities such as the effects of failure to play, and they are punished by warning within the party.

(6) Xu Yanshuang, the secretary of the Party Branch and Dean of the Second People's Hospital of Wuchang City, confused the management of the hospital, implemented the inadequate prevention and control measures of the normalized epidemic, and did not play the role of the "whistle". The situation was revoked by the revocation of the party and the government affairs.

(7) Wang Rui, Secretary of the Party Committee of Lulin Town, Wuchang City, Yi Xuesong, Deputy Secretary of the Party Committee and the Mayor of the Government, has poorly implemented the responsibility of the territoriality. Insufficient, the work connection is not smooth, and the failed to be "early and strict", and the dissemination of the epidemic has not been effectively blocked in time, resulting in the spread of the epidemic. Warning, government affairs records are overdue, and removed. Tong Gang, the deputy mayor of the Lalin Town Government, as a leader in the prevention and control of the epidemic, poor performance, poor implementation of the prevention and control measures for normalization of epidemic, and the inadequate, strict, and not in place to implement the isolation control measures, causing the epidemic to spread. Disclosed by severe warning within the party.

(8) Wang Guobin, Secretary of the Party Committee of Wuchang Town, Wuchang City, in the seventh round of nucleic acid testing in the seventh round of Wuchang Town, the work deployment is not effective, and the standardization of nucleic acid testing is not in place. The masses released the results of nucleic acid testing and were punished by warning within the party.

The epidemic is command, prevention and control is responsibility. Resolutely overcome paralysis thoughts, mood of war, luck, and relaxed mentality, and resolutely implement the general strategy of "external defense input, internal defense rebound" and the general policy of "dynamic clearing zero". At present, the new type of coronary virus infection pneumonia's epidemic prevention and control situation is still severe and complicated. The majority of party members and cadres fought on the front line of preventing and controlling the epidemic at night. They did not talk about conditions, regardless of gains and losses, and converged into a powerful force to block the epidemic. However, at the same time, a small number of cadres still have problems such as poor style and poor performance in the prevention and control of the epidemic. So, in the prevention and control of the epidemic, which actions are suspected of violations of discipline and law and how to distinguish the relevant responsibilities?

Second, suspected disciplinary behavior

Party members and cadres who violate the party discipline in the prevention and control of the epidemic are usually violated work discipline, and may also involve issues such as violations of political discipline, organizational discipline, and mass discipline.

Judging from the cases notified by the disciplinary inspection and supervision organs in many provinces, in the prevention and control of the epidemic, the more common violations of disciplinary violations are violation of work discipline. The duties are in place, and some people work in the form of work, the style is not true, the responsibilities are weak, and so on.

Specific regulations in Article 121 of the "Regulations on the Disciplinary Disciplinary Disciplinary Disciplinary" of the Communist Party of China (referred to as the "Regulations"), and the job loss; Article 122, formalism and bureaucracy; Article 125 It does not report, not as good as reporting the work, and forcing the lower -level to speak false words, as well as Article 133 as the terms of the pocket. In addition, Article 54 of the Regulations stipulates: "If you do not ask for instructions and reports to the organization in accordance with relevant regulations, if the circumstances are heavier, a warning or severe warning will be given; if the circumstances are serious Set. "

In the prevention and control of the epidemic, if the person in charge of the responsible shall not report major matters in accordance with regulations, it may violate this article and constitute a violation of political discipline errors.

Article 72 of the Regulations: "If you refuse to implement the allocation, mobilization, and exchange of party organizations, it will be given warning, serious warning or cancellation of the party's duties. If you decide, give the party to check or expel party membership. "

In the prevention and control of party members and cadres, if they refuse to obey organizational arrangements, they may violate organizational discipline and constitute this error. It should be noted that the current epidemic prevention and control should belong to the "special period or emergency status" stipulated in the second paragraph of this article.

According to Article 112 of the Regulations: "One of the following behaviors, those who are directly responsible and leading responsible, the circumstances are lighter, give warning or severe warning; Or leave the party for inspection and punishment; if the circumstances are serious, the party will be fired: ... (2) those who violate relevant regulations, collect the masses or punish the masses; ""

If the party members and cadres have acting in the work, they may constitute a violation of the disciplinary errors of the masses.

Third, suspected illegal acts

On January 20, 2020, with the approval of the State Council, the State Health and Health Commission decided to incorporate pneumonia in infection of new coronary viruses into the management of Class B in statutory infectious diseases and take prevention and control measures for Class A infectious diseases. The "Prevention and Control Law of the People's Republic of China" has provided detailed provisions of the prevention and control of infectious diseases, and specifically stipulated legal responsibility in Chapter 8.

Article 65 of the Law stipulates: "Local people's governments at all levels have not fulfilled their duties in accordance with the provisions of this Law, or concealed, lied, and reported infectious diseases. If the control measures are taken, the people's government of the higher level shall be ordered to correct and inform criticism; if the infectious disease dissemination, epidemic or other serious consequences shall be held in charge of the responsible person in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law. "

At the same time, Article 20 of the "Regulations on the Agreement of Administrative Organs" stipulates that one of the following acts will be remembered or sanned; if the circumstances are relatively heavy, a relegation or dismissal shall be given; 1) If you perform your duties in accordance with the law, you can avoid major accidents such as explosion, fire, infectious disease spread, severe environmental pollution, severe personnel casualties, or mass incidents ... (3) Special models such as preferential treatment, poverty alleviation, immigration, relief, social insurance, land acquisition compensation are neglected, causing the money to be corrupted, misappropriated, or damaged, or lost;

If party members and cadres have the above behavior and constitute their duties illegal, the supervisory organs will be investigated and disposed of in accordance with the law.

Fourth, suspected criminal acts

Inadequate prevention and control epidemic is first of all committed the crime of "Criminal Law of the People's Republic of China" (referred to as the "Criminal Law"). The staff of the administrative department is seriously irresponsible, leading to the spread or popularity of infectious diseases. If the circumstances are serious, they will be imprisoned or detained for less than three years. "The criminal subject of the crime is a special subject, the staff of the government health administrative department.

According to Article 16 of the "two highs" on May 14, 2003 "Two Highs" "Explanation of Criminal Cases and other criminal cases such as preventing prevention and controlling sudden infectious diseases." During the disaster period, the staff of the government health administrative department engaged in infectious disease prevention, or personnel engaged in official duties in organizations who were entrusted by the government's health administrative department to exercise their powers on behalf of the government's health administrative department, or that they were not included in the government health administrative department personnel. Personnel who are engaged in official duties in government health administrative departments, when they exercise their powers on behalf of the government's health administrative department, are seriously irresponsible, resulting in infectious disease dissemination or popularity. , Crime and punishment for the prevention and treatment of infectious diseases.

In addition, the "serious circumstances" stipulated in Article 409 of the Criminal Law specifically refers to: (1) For areas such as disasters such as sudden infectious disease epidemic or sudden infectious disease patients, pathogen carriers, suspected sudden infection infection The sick patients have not followed the requirements of disaster prevention, quarantine, isolation, protection, treatment, etc. in accordance with the requirements of disaster work specifications such as prevention and control of infectious diseases. Emphasized; (2) concealing, slow reporting, lies, or instructions, instructions, and forced others to conceal, relieve reports, report the epidemic, disaster, and cause the range of infection to expand or increase the epidemic and disaster; The decisions and orders of emergency treatment command agencies such as disease and epidemics cause the scope of infection to expand or worsen the epidemic and disaster; (4) those with other serious circumstances. For those who have corruption, occupation to prevent or control disasters such as emergencies, or embezzle personal use, they may violate Article 382, ​​Article 383, and 200 of the Criminal Law. Article 71, Article 384, and Article 272 The provisions constitute the crime of corruption, the crime of occupation, misappropriation of public funds, misappropriation of funds, and punish them according to law. The embezzlement of disaster relief, preferential treatment, relief and other objects used to prevent and control disasters such as emergencies and other disasters constitutes crimes. For those directly responsible persons, in accordance with Article 273 of the Criminal Law Crime punishment.

In addition, in the work of preventing and controlling disasters such as emergencies infectious diseases, the staff of state organs who are responsible for organizing, coordination, command, disaster investigation, control, medical treatment, information transmission, transportation, and material guarantee If power or neglect of duties, if the interests of public property, state, and people suffer significant losses, shall, in accordance with the provisions of Article 397 of the Criminal Law to abuse their powers or neglect the crime of charges of duties.

5. The analysis of leadership responsibility in the prevention and control of the epidemic

Case: In December 2021, a middle school in District C, City B, found in a middle school found in a new crown diagnosis case. Due to the insufficient attention of the city and improper emergency response measures, the school had a clustered epidemic and quickly spread in the district. In just 2 weeks, the district in the area was only 2 weeks. The confirmed cases of more than 1,000 cases seriously affected the production and life of the people and caused adverse effects in society. In January 2022, the Provincial Party Committee established the accountability investigation team to start accountability for the inadequate prevention and control of the city of city B.

At this stage, the division and identification of leadership responsibilities in the survey of the epidemic prevention and control should be analyzed in detail, combined with practice, from the perspective of the understanding of relevant regulations and the grasp of work practice. Essence

The relevant provisions of the Party discipline regulations and accountability regulations on important leadership responsibilities, main leadership responsibilities and direct responsibilities

The party discipline regulations and accountability regulations have stipulated how to distinguish between responsible for disciplinary violations. The two regulations are consistent in the spirit of legislative spirit, but it is necessary to comprehensively understand and grasp it. Regarding the determination of the responsibility of the main leadership, Article 37 of the Party disciplinary regulations stipulate that the main leadership responsible is that within the scope of their responsibilities, the work of the direct supervisor is not fulfilled or the responsibilities are not correctly fulfilled, and the losses or consequences of the losses or consequences directly lead the leadership. Responsible party members and leading cadres; Article 6 of the accountability regulations stipulate that the main leaders of the leadership team and the members of the direct supervisor shall bear the main leadership responsibilities within the scope of their responsibilities. Specifically, Liu is directly in charge of the prevention and control of the epidemic in the district, and shall be identified as the main leadership responsibility in accordance with Article 37 of the Party disciplinary regulations. Article 6 stipulates that it should also be identified as the main leadership responsibility. Therefore, in the above cases, no matter from the perspective of theory and practice, it is determined that Liu's responsibility for the main leadership is more appropriate and sufficient. As the team leader of the group, Liu is directly in charge of the prevention and control of the epidemic, and it should be responsible for major leadership of the disease prevention and control of the district.

How to accurately divide leadership responsibilities in practice

Compared with the more principled system and regulations itself, the practice of disciplinary law enforcement is ever -changing. How to accurately divide leadership responsibilities is not difficult, but it is the key to accountability and investigation. The author believes that under the premise of adhering to truth, we must fully understand and grasp the original legislative intent of relevant regulations, and use it flexibly according to practice. The party discipline regulations and accountability regulations have made specific provisions on the identification of leadership responsibilities, uniformly and complement each other. Article 5 of the accountability regulations emphasize the focus of accountability and accountability, and Article 7 lists eleven situations that should be held accountable, and point out the direction for accountability investigation. Article 37 of the Party Discipline Regulations not only distinguish the responsibility of important leadership and the responsibility of the main leadership, but also define those directly responsible. It has both the responsibility at the leadership level, but also includes the definition of the person in direct responsible. At the same time, the relevant terms of political discipline and work discipline in the Party Discipline Disciplinary Regulations provide a basis for investigation and treatment.

Precise division of relevant responsibilities. The first is the overall grasp. In general, for the accountability of general emergency and business supervision, the personnel responsibility stipulated in the regulations of the party discipline are clear and comprehensive. The application is smoother and can be held accountable in conjunction with the accountability regulations. For the circumstances that comply with the provisions of Article 7 of the accountability regulations, the relevant personnel and units shall be accurately identified in accordance with the relevant provisions, and the political, accuracy, and effectiveness of accountability should be highlighted. The second is flexible use. Due to the different time, the purpose of accountability, the purpose of accountability, and the situation of accountability, the focus of accountability and the division of leadership responsibilities are also different. For example, if the accountability matters in this case have been replaced by general events, if Liu does not directly control the work, the author believes that it can be determined that it is an important leadership responsibility. According to the requirements of the Provincial Party Committee, we have launched a accountability survey on three consecutive ordinary incidents in a county. Considering that the county and county party committee secretary has a good attitude, it is not in charge of specific business work, and the usual performance is better. Its identification is an important leadership responsibility, and it has conducted a long -term conversation. At that time, due to facing the city and county, after the semi -annual impact period, it did not affect the comrades further. It is deeply educated, and the response is better in all aspects. It has achieved good political effects, discipline effects, and social effects. 6. The latest epidemic prevention and control treatment behavior and basis (case)

Recently, the Shanghai Municipal Government recently issued the "Notice on Doing a Good Affairs of the City of the Municipality", which refuses to participate in the test of a unified organization of the tissue of the unified organization, which hinders the prevention and control of the epidemic or causes other serious consequences. The organs will be punished in accordance with the relevant provisions of the "Public Security Management Punishment Law of the People's Republic of China"; if a crime is constituted, criminal responsibility shall be investigated in accordance with the Criminal Law of the People's Republic of China. For example, the notification of notification of nucleic acid detection notification, no number of hung notifications on the closed door, and deliberately showed the error QR code at the detection site seriously affecting the sampling work. A few days ago, the Songjiang Public Security Branch imposed administrative penalties for a man who refused to cooperate with nucleic acid testing according to law.

Case:

(1) On the morning of April 1st, a community in Songjiang District organized the residents of the community to conduct nucleic acid testing according to the unified arrangement of the street. The resident Yan Mou was disappeared because of trouble, and the notification of the nucleic acid detection was disappeared. After the staff came to the door several times to remind, Yan Mou came to the test site, but deliberately presented the two -dimensional code of the WeChat business card to the sampling person. After being asked to show the healthy cloud QR code, Yan Mou forcibly broke the staff's blocking and returned to his home by himself, which seriously affected the normal development of nucleic acid testing. After receiving the alarm, the police of Songjiang Branch rushed to the scene to deal with it, urging Yanmou to complete the investigation after the nucleic acid testing. At present, Yan has been punished by the public security organs in accordance with the law.

(2) On the afternoon of March 20, the Nanshan Branch of the Shenzhen Municipal Public Security Bureau reported that after the investigation, at 21:00 on the same day, at the test site of the Moon Bay Garden in Nanshan District, Jiang Mouqiao (male, 37 years old) violated epidemic prevention regulations and held it. Wang (male, 31 years old) nucleic acid code instead of Wang's nucleic acid detection and sampling. At present, the police are punished by administrative detention of Jiang Mouqiao and Wang in accordance with the law in accordance with the law.

Related legal basis:

Illegal acts: personnel who should be sampling in accordance with the law, and refuse to participate in the punishment basis for the test of the nucleic acid testing of the unified organization

Article 50, paragraph 1, paragraph 1, paragraph 1, paragraph 1, paragraph 1. Article 50: If one of the following behaviors, a warning or a fine of less than 200 yuan; if the circumstances are serious, detained for more than five days and less than ten days, and may be fined below 500 yuan: (1) refusal to execute the people The government's decisions and orders issued in accordance with the law in an emergency; ... (2) Article 3, paragraph 1, paragraph 5 of the Criminal Law ...

Article 330: In violation of the provisions of the prevention and control of infectious diseases, there is one of the following circumstances, which causes category A infectious diseases and determines the transmission of infectious diseases in infectious diseases and control measures in accordance with the law. For three years of imprisonment or detention; those with particularly serious consequences, in prison for three years and seven years: ... (5) refusing to implement the people's governments at or above the county level and disease prevention and control institutions Measures.

Illegal behavior: During the detection of nucleic acid, conflict with the staff

Article 23, 23, Article 43, Article 50, Paragraph 2, Paragraph 2, paragraph 2, paragraph 2, paragraph 2.

Article 23: If one of the following behaviors, a warning or a fine of less than 200 yuan; if the circumstances are heavier, detained for more than five days and less than ten days, and can be fined below 500 yuan: (2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places; ...

Article 43: Those who beat others, or deliberately hurt others, will be detained for more than five days and less than ten days, and a fine of more than 500 yuan or less than 200 yuan; if the circumstances are light, they will be detained for less than five days or five days Fined fines below 100 yuan. Those who have one of the following situations will be detained for more than ten days and less than 15 days, and a fine of more than 500 yuan or less: (1) to fight and harm others; Those who are under the age of fourteen or those over 60 years old; (3) beats, hurt others or be assaults, and hurt multiple people. Article 50: If one of the following behaviors, a warning or a fine of less than 200 yuan; if the circumstances are serious, detained for more than five days and less than ten days, and may be fined below 500 yuan If the staff of the organs perform their duties in accordance with the law; ... if the people's police execute their duties in accordance with the law, they will be punished. (2) Article 291 of the Criminal Law, Article 234, Article 277, Paragraph 1 and 5. Article 291: Gathering the stations, docks, civil aviation stations, shopping malls, parks, cinema, exhibitions, sports fields, or other public places order, gather the public to block traffic or destroy traffic order, resist and hinder national security management staff If the duties are executed in accordance with the law, if the circumstances are serious, the primary elements shall be sentenced to imprisonment, detention or control of less than five years.

Article 234: Those who deliberately hurt others' bodies shall be sentenced to imprisonment, detention or control of less than three years. If the crime of committing the previous paragraph is seriously injured, it will be sentenced to imprisonment of less than three years and less than ten years; if a person dies or causes severe injuries to severe injuries or cause severe disability, it will be sentenced to more than ten years in prison, life imprisonment or death sentence. If there are other regulations in this law, in accordance with regulations.

Article 277: If the violence and threats hinders the staff of the state organs to perform their duties in accordance with the law, they will be sentenced to imprisonment, detention, control or fines of less than three years. The people police officer who is under violent attacks in accordance with the law shall be sentenced to imprisonment, detention or control of less than three years; use guns, control knives, or driving motor vehicle impacts, which seriously endanger their personal safety. The following imprisonment.

Source: Ji Jianren Academy

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