[Empirical Disciplinary Law] Consciously accept the strictest constraints and supervision

(Original title: How to understand and grasp the implementation of the implementation of the regulations of the Supervision Law on the detailed regulations of the supervisor's illegal exercise of responsibility? Consciously accept the strictest constraints and supervision)

The "Regulations on the Implementation of the Supervision Law of the People's Republic of China" (hereinafter referred to as the "Regulations") for the weak links of the supervisory authorities and supervisors' own power operation mechanism and management supervision system, even the two chapters of the seventh and eighth chapters are used to strengthen external supervision. Strengthen self -constraints, serious responsibility accountability, etc., and make detailed rules, further clarify the power boundary of the supervisory organs, build a systematic and comprehensive supervision mechanism, and fully demonstrate the firm determination of supervision organs and supervisors to accept the strictest constraints and supervision. Essence

Accurately grasp the main violations of supervisors. Article 278 of the Regulations lists 11 common behaviors of supervisory organs and supervisors to exercise their powers illegally, covering intentional behaviors and negligence behaviors, and the entire process of running clues, supervision and inspection, and case investigation, involving reporters , Those investigators, people involved, the property involved, the safety of the case, and the safety of the case. Among them, "corruption, bribery, fraudulent fraud" and "not fulfilling or incorrectly performed supervision duties, the problems that should be discovered are not found, or the problems are not reported or not handled, causing serious impact". "Increasing the prescribed behavior is to further urge supervisors to strictly perform their duties in accordance with the law and strictly observe the boundaries of power. To accurately grasp the above 11 behaviors, you need to focus on three aspects. First, the supervisor's suspicion of corruption and bribery and fraud, including the supervisor of the supervisor to exercise the authority in various aspects of the supervision and law enforcement investigation, such as the long -term bribes of the supervisor by the supervisor. The act of escaping from the investigators, including other illegal and criminal acts implemented by supervisors, such as the use of power to help others use their powers to help others in terms of engineering projects and other bribery behaviors. Second, do not perform or perform the supervision duties correctly, which is essentially a negligence of supervisors. For example, during the inspection and inspection process, it should be discovered by the issue of major corruption involving the interests of the masses. Severe problems such as bureaucracy, incorrect winds are not reported, not handled, and the supervisory agencies are not seen in the hidden dangers of the internal case handling of cases, which causes major responsibility accidents. Third, for the behavior of intervention in case handling, it is no longer emphasized whether it is "privately conspiring by the case". As long as the behavior of the use of power or the impact on the post of intervention in the investigation work should be made accordingly. In addition, in practice, we should also focus on grasping the specific illegal situations of problem clues, confidentiality of supervision work, handling cases in accordance with the law, the disposal of the property involved, the safety guarantee of case handling, and the use of reserve measures. Essence

Processing according to the classification of specific plots. Article 279 of the Regulations clearly stipulates the method of accountability of illegal acts on supervisors in performing their duties. In practice, the behavior of the supervisor's illegal exercise of power shall be classified according to the severity of the specific circumstances, nature, and consequences and their attitudes. First, if the signs, tendency behavior, or the illegal circumstances of the supervisor's illegal exercise, or the illegal circumstances, you can make a conversation reminder, criticizing education, ordering inspections, admonitioning talks, notifying criticism, reviewing to superior supervisory authorities, etc., or reviewing the superior supervisory authorities, etc., you can also see it depending on Consistence, dismissal, ordering resignation, departure of posts, removal, etc. The second is that if the supervisors exercise their authority in violation of the law, they shall be given government affairs depending on their severity; if they are members of the Communist Party of China, they may also give their party disciplinary sanctions at the same time. Third, if a crime is constituted, criminal responsibility shall be investigated in accordance with the law. The above three types of situations are a step -by -step relationship in severe extent. The difference between the first two is whether it is necessary to punish. The difference between the latter two is whether it is necessary to transfer to the judicial organs to investigate criminal responsibility. The above -mentioned accountability method can be applied separately, or it can be combined as consolidated. After the investigation is completed, it is found that there are obvious errors or major mistakes in the disposal of the case. If the supervisors are suspected of serious duties and duties, they should also adhere to the "one case and double investigation". Responsibility leadership responsibility.

Strictly strengthen the supervision and restraint of supervisors. The supervisory organs and supervisors should strictly follow the requirements of the Regulations, so that they are cautious in exercising power and strict self -constraints. In practice, we need to focus on three aspects. First, we must improve the system and strengthen constraints. Establish an internal working department coordination and restriction mechanism and case quality evaluation mechanism, establish a system of asking about cases, overwhelming cases, speaking intervention in registration and filing, and refining the system of avoiding duties and confidentiality. For example, adhere to the development of normalized supervision and special supervision, ensure the full coverage of supervision, supervision matters, and supervision processes, and use strict power supervision to restrict the supervision mechanism to ensure that the supervision has no dead ends. Second, we must grasp the small early and prevent the micro -duct. Pay attention to the daily thoughts, study, work and style of cadres, and discover the signs and tendency behaviors that exercise their powers illegally, and bite their ears and sweat in time to prevent small mistakes from developing a big mistake. Third, we must move hard and punish before. For supervisors' violations of the supervision law, not approved cases, deal with the property involved in violation of regulations, take measures such as restrictions in violation of regulations, and cause case safety accidents such as illegal and evidence, as well as other corruption and bribery, misconduct, and personal disciplines such as cases and personal personal discipline. The act of punishment regulations and national laws and regulations will never be accommodated; especially for criminal responsibility for criminal liability for criminal responsibility for criminal responsibility. (This article was published in the 13th issue of the "China Discipline Inspection and Supervision" magazine 2022, author: Wang Jianchao, trial room of the National Commission for Discipline Inspection)

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