The Central Commission for Discipline Inspection issued the third batch of disciplinary law enforcement guidance cases (3)

Xu's confrontation of organizational review cases

(Guidance case No. 3 in 2022, No. 10)

Key words

Confrontation of organizational review; political discipline; discipline and law penetrate

Key points for disciplinary law enforcement

Loyalty to the party is the primary political quality of the Communists. Loyalty is pure and unconditional. Party members must be loyal and honest at any time, especially after making mistakes, they should also believe in organizations and organizations, conscientiously reflect on review, actively cooperate with the organization to find out the facts, and must not deceive them. Organize, fight against review, try to evade treatment. The disciplinary inspection and supervision organs should strengthen political acuity and political identification, and be good at discovering and accurately grasping the "confrontation" characteristics of confrontation with organizational censorship. Political effects, discipline effects and social effects are unified.

Basic case circumstances and processing results

Xu, a member of the Communist Party of China, a member of the former party group and deputy director of the Provincial Department of Transport. In October 2020, Xu accepted the private business owner Chen, and used the convenience of his post to help Chen's support for road engineering projects in province A and received Chen's cash 200,000 yuan. In March 2021, the Provincial Commission for Discipline Inspection of the Provincial Discipline Inspection received anonymous reports that Xu, who reflected in the engineering field with power, and self -employment. After the judgment, the problems reflected in the reporting letter were relatively general, and the inspection was not strong. Xu immediately confessed with Chen, uniformly claimed that the above 200,000 yuan was borrowed, and forged debit and receipt, creating a loan and repayment illusion. Since then, in the written response to the Supervisory Committee of the Discipline Inspection Commission of the Provincial Discipline Inspection, Xu claims to use money because of his son's illness and hospitalization, and has borrowed 200,000 yuan from the private business owner of the provincial road engineering project. Using power to help Chen take over the project, there is no act of conspiracy to personal, and at the same time, it takes the initiative to say that borrowing from management service objects is indeed inappropriate, and is willing to admit mistakes and accept handling. After receiving the letter and reply from the Provincial Commission for Discipline Inspection, the provincial disciplinary committee believed that Xu's problem was relatively mild and criticized and educated it. In January 2022, the Provincial Commission for Discipline Inspection received a report from the letters and visits reported by Xu's acceptance of Chen's bribery. After preliminary verification, he filed a investigation of Xu's suspicion of disciplinary violations and violations of laws and violations of laws and violations of laws. In May of the same year, Xu was expelled from the party and was expelled from the public office. He was transferred to the procuratorate for review and prosecution in accordance with the law.

Guiding significance

1. Accurately determine the confrontation and organizational review and the problem when the organization talks and inquiries.

During the handling of this case, issues of Xu and Chen's skewers and forged evidence should be identified as confrontational organizational censorship. However, when Xu is not as explained in the case of an organization's letter, the act of lying bribery as a borrowing is formed, and the following two different opinions are formed:

The first opinion believes that as a party member and leading cadre, Xu is not as explained during the organization letter. It should be identified as the provisions of Article 73 (2) of Article 73, paragraph 1 (2) of the "Regulations on Disciplinary Actions of the Communist Party of China". Violation of organizational discipline.

The second opinion is that when Xu replied to the organization letter, he did not simply deny the problem because of fear and fluke. Instead, he compiled the facts in accordance with the situation with Chen, provided false situations, and tried to evade treatment. In essence, Xu is better to respond to the organization's letter, stringing supply, and forgery of evidence. They are based on the same subjective intentional intention of confrontation censorship and evading treatment. Regulations shall be handled by Article 56 (1).

After analysis, we agree with the second opinion. The key characteristic of countermeasures for organizational review is "confrontation", which essentially reflects political issues that party members are unfaithful and unrealistic about the organization. In this case, in order to cover up the problem of bribery, Xu responded to the letter after chanting and forging evidence with others. It obviously had the subjective motivation to deceive the organization and avoid punishment. discipline.

In practice, the disciplinary inspection and supervision organs should pay attention to distinguishing the two types of issues: "confrontation of organizational review" and "not as explaining the problem in organizational conversation and letters". Starting from the two elements of "illegal" and "responsibility", we can see the facts, do not vary, and accurately determine it. On the one hand, it is necessary to check whether the person who is reviewed is objective or forged, faked, destroyed, transfer, hidden evidence and other confrontation censorship behaviors. At the same time, pay attention to find out that it is not as explained when the organization talks and inquires. Whether the behavior is closely related; on the other hand, pay attention to grasping the subjective intention of the person who has been deliberately misleaded and deceived the confrontation organization, and comprehensively considers whether the actor should bear the corresponding discipline responsibilities.

It should be noted that after the implementation of disciplinary violations and the organization of the organization was launched, the party members adopted stringing, forging evidence, transferring stolen money, etc. to try to cover up the facts and avoid punishment. To be honest, deceive organizations, confrontation, and centrifugal departure from organizations should be identified as confrontation with organizational censorship. At the same time, it is determined that the review of the confrontation organization should accurately apply the corresponding rules in accordance with the principles of the old and light. For example, the "Regulations on the Communist Party of China" in 2003 will stipulate the acts of skewers and forgery of evidence as the plot of the sanction from heavy or aggravated. Organizational censorship regulations are violated by political discipline. Therefore, acts such as string supply and forgery of evidence occur before January 1, 2016, and should not be identified as violating political discipline, but should be evaluated as a serious or aggravated plot. Another example is to interfere with the inspection and inspection work by investigating the news of inspections, providing false materials, and even simulating inspections and conversations. The behavior is essentially to prevent the organization from discovering violations of discipline, evading organizational investigation, and belonging to the review of the organization. In view of the "Regulations on the Disciplinary Actions of the Communist Party of China", which has been implemented from October 1, 2018, Article 55 of the Communist Party of China has stipulated interference inspection and inspections as independent disciplinary behaviors. Directly determined to interfere with inspections; if it occurred before October 1, 2018, you can follow the specific time and severity of the behavior of the behavior of the "Communist Party of China" in accordance with Article 57 (5th of 57 of the Communist Party of China "in 2015 (5th. ) Items stipulated that it was identified as "other confrontation organizational censorship", or in accordance with Article 24 (5) of Article 24 (5) of the "Communist Party Disciplinary Disciplinary Action Regulations in 2003" as evaluation of the circumstances of heavy or aggravated punishment. 2. Standardize and explain the counterpart review behavior in the decision of party discipline and government affairs

After the reform of the national supervision system, the Discipline Inspection Commission and the Supervision Commission were held to perform the duties of party discipline inspection and national supervision. They required the disciplinary inspection and supervision authorities to consciously hold discipline and rules in front. Behavior, adhere to the strictness of law and discipline enforcement. This reminds us that some violations of the party's discipline may not constitute a job illegal at the same time. For example, to prevent others from reporting, providing evidence, skewing or falsification, concealment, destruction of evidence, and covering the personnel of the same case. Discipline; but in accordance with Article 13 of the "Public Officials of the People's Republic of China", the above -mentioned behavior is only the illegal facts that can be used as a basis for the basis of government affairs when investigating the legal responsibility. At the same time, the behavior of providing false situations, covering up the facts of the facts, and the behavior of the problems that are not as explained during the organizational conversation and letters, which violate the party's political discipline and organizational discipline; The Government Affairs Law stipulates that the above behavior is neither an independent illegal act nor a legal confession. It only belongs to the intensive plot that should be considered and grasped when the supervision responsibility should be considered and grasped. This requires that the disciplinary inspection and supervision organs should pay attention to accurate expressions when making a decision in production and punishment, and reflect the requirements of discipline and law.

In this case, Xu was also punished by the party discipline and government affairs. Among them, the issue of Xu's confrontation with organizational censorship shall make appropriate expressions in the party disciplinary decision and the decision of government affairs. First, in the decision of party discipline, the issue of Xu's confrontation with organizational censorship should be identified and expressed in the "violation of political discipline". The second is that in the decision of government affairs, it is not appropriate to list the problems of Xu's confrontation with organizational censorship on the "violation of political requirements". Instead, it is explained as a re -division plot. Evidence, providing false situations to cover up facts and other methods to hinder the investigation, and have a heavy punishment plot. "

As extended by this case, although some disciplinary acts constitute illegal at the same time, the types of disciplinary and illegal may not correspond. For example, for the behavior of participating in superstition activities, Article 63 of the "Regulations on the Disciplinary Disciplinary of the Communist Party of China" belongs to "violating political discipline"; (2) Items stipulates that they belong to the "violation of public officials' moral requirements". For such circumstances, the following treatment can be treated as follows: First, public officials with party members are punished by party discipline and government due to participation in superstition activities. In order to ensure that party discipline sanctions are smoothly connected with government affairs and avoid different evaluations for the same behavior, they may be on government affairs. The types of illegal acts in the decision decision decide are adjusted, and the issue of superstition activities will be identified and expressed in the "violation of political requirements". Second, in the case of only party disciplinary sanctions or only government affairs, in accordance with the "Regulations on the Disciplinary Disciplinary Disciplinary Disciplinary" of the Communist Party of China or the "Law of the Government Affairs of the People's Republic of China", in accordance with the according to the "violation of political discipline" or "violation of political discipline" or "violated" The moral requirements of public officials are identified and expressed.

Related Terms

The Regulations of the Communist Party of China (December 31, 2003)

Article 24 If there is one of the following circumstances, it may be punished from the regulations: (1) Forcing and instigating others to violate discipline and law;

(2) Stringing or forging, destroying, and hiding evidence;

(3) Prevent others from exposing the report and providing evidence;

(4) Seal the same case personnel or crack down on retaliation critics, reporters, accusations, witnesses and other personnel;

(5) There are other interference and hindering the organizational censorship;

(6) There are other regulations in the division of these regulations.

The Regulations of the Communist Party of China (October 18, 2015)

Article 57 If there is one of the following behaviors, a warning or severe warning punishment shall be given; if the circumstances are heavier, the party's post or stay in the party shall be given to the party;

(1) Stringing or forging, destroying, transferring, and hiding evidence;

(2) Stop others from exposing the report and providing evidence;

(3) The person who covers the same case;

(4) Provide false situations to the organization and cover up the facts;

(5) There are other countermeasures for organizational censorship.

The Regulations of the Communist Party of China (August 18, 2018)

Article 27 During the disciplinary review, the party organization found that party members have corruption, abuse of power, negligence, power search, benefit transmission, private fraud, waste of national and financial suspected criminal acts, etc. , Stay the party for inspection or expel party sanctions.

Article 55 If you interfere with the inspection inspection or not to implement the requirements of the inspection and inspection and rectification requirements, the circumstances are light, and a warning or severe warning will be given; if the circumstances are heavier, it will be given the abolition of the party's position or the party inspection. Fleeing party sanctions.

Article 56 If there is one of the following behaviors, a warning or severe warning punishment shall be given; if the circumstances are heavier, the party's post or stay in the party shall be given to the party;

(1) Stringing or forging, destroying, transferring, and hiding evidence;

(2) Stop others from exposing the report and providing evidence;

(3) The person who covers the same case;

(4) Provide false situations to the organization and cover up the facts;

(5) There are other countermeasures for organizational censorship.

Article 63 Anyone who organizes superstitions shall be revoked or the party will be revoked or the party will be inspected; if the circumstances are serious, the party will be fired.

If you participate in superstition activities, if you have an adverse impact, you will give warnings or severe warning; if the circumstances are heavier, the party's post or stay in the party shall be given; if the circumstances are serious, the party will be fired.

For participants who do not know the truth, if there is a repentance performance after criticism and education, it can be exempted or not punished.

Article 73 (1) (2) has one of the following behaviors. If the circumstances are heavier, a warning or severe warning punish

(2) When talking and inquiry from the organization, it is better to explain the problem to the organization;

"Public Officials of the People's Republic of China" (June 20, 2020)

Article 13 If a public official has one of the following circumstances, it shall be given to government affairs:

(1) If you intentionally violate the law again during the government affairs, it shall be punished by government affairs;

(2) Stop others from reporting and providing evidence;

(3) String or forging, concealment, and destruction of evidence;

(4) The person who seal the same case;

(5) Through the coercion and instigating others to implement illegal acts;

(6) Those who refuse to pay or refund or refund the illegal income;

(7) Others stipulated in laws and regulations.

Article 33 (1) (1) of item (1) has one of the following behaviors, a warning, remembrance or record; if the circumstances are relatively heavy, they will be relegated or dismissed; if the circumstances are serious, it will be expelled:

(1) Corruption and bribe;

Article 40, paragraph 1 (2), has one of the following behaviors, a warning, remembrance or record; if the circumstances are heavier, they will be relegated or dismissed; if the circumstances are serious, they will be expelled:

(2) Participate in or support superstition activities, causing adverse effects;

Edit: Liu Yuanhang

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