Checking the cases of Party organizations, party member, state administrative organs and state civil servants is an important duty of the discipline inspection organs and administrative supervision organs of the Party of China, and it is also the central link of serious party discipline and discipline.
The guiding ideology of case inspection is to safeguard the Party's Constitution and laws and regulations, strictly enforce the Party's discipline and administrative discipline, ensure the smooth implementation of government decrees, strengthen the building of a clean and honest party style, ensure reform and opening up, promote economic development, and ensure the implementation of the Party's basic line.
The discipline inspection and supervision organs shall exercise the right to inspect cases in accordance with the regulations on disciplinary actions of party constitution and the Communist Party of China (CPC), the administrative supervision law and other relevant laws and regulations, and shall not be interfered by state organs, social organizations or individuals.
Extended data:
The Working Regulations of the Party's Disciplinary Inspection Organs on Handling Cases is a document issued by the Central Commission for Discipline Inspection on July, 2004 1987+04.
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with party constitution and "Several Guidelines on Political Life within the Party" and combined with practical experience in trial cases.
Article 2 The trial of cases is the examination and handling of cases violating the Party's discipline, an important part of the Party's discipline inspection, and an important link in the examination and handling of cases violating the Party's discipline by party member or Party organizations. Doing a good job in the trial of cases can correctly handle cases that violate the party's discipline, safeguard the seriousness of the party's discipline, and correct the party style.
It plays an active role in upholding the Four Cardinal Principles, ensuring the implementation of the Party's line, principles, policies and resolutions, and promoting the construction of socialist material and spiritual civilization.
Article 3 The principle of seeking truth from facts must be adhered to when trying cases in which party member or Party organizations violate Party discipline. Based on facts, attach importance to evidence, do not make subjective assumptions, and do not have a framework. Once a wrong case is found, it must be resolutely corrected.
Article 4 For comrades who make mistakes, we must adhere to the principle of "learning from mistakes and saving lives". Give them patient ideological education and deal with them appropriately according to their mistakes, which can not only oppose penalism, but also tolerate and accommodate them.
Article 5 In handling cases in which party member or Party organizations violate Party discipline, we must adhere to the principles of seriousness, prudence and differential treatment. Violation of discipline must be seriously investigated and dealt with, and it cannot be vague and perfunctory. But when dealing with it, we must be careful. For specific cases, it is necessary to analyze the wrong facts, nature, plot and harm in detail and deal with them differently according to different situations.
Article 6 party member violates Party discipline and must adhere to the principle of equality before Party discipline. Regardless of position, contribution and seniority, they should be severely punished, and there will never be a special party member that is not bound by party discipline.
Seventh party member or the party organization's punishment, must adhere to the principle of democratic centralism, decided by the party committee or the Commission for Discipline Inspection through collective discussion. No individual or minority is allowed to decide and approve the punishment against party member or the Party organization.
Article 8 If a person who examines and handles a case that violates the Party's discipline needs to withdraw, he shall withdraw after approval.
Chapter II Tasks and Duties
Article 9 The task of the trial of cases is to examine and deal with cases in which party member and Party organizations violate the Party discipline and cases under examination. Seeking truth from facts to find out the facts of cases violating party discipline, and examining and identifying evidence.
According to the party's policies and national laws and regulations, analyze and identify the nature of the problem, and deal with party member or the party organization that violates the party's discipline correctly in accordance with the provisions of party constitution and the party's consistent policies and procedures for party member who made mistakes.
Article 10 Scope of duties:
(a) the trial of cases in violation of party discipline shall be approved by the Commission for Discipline Inspection at the same level or the Party Committee at the same level according to the approval authority;
(two) to hear cases submitted to the superior discipline inspection commission or the party committee for approval;
(3) Hearing particularly important or complicated cases reported by the Commission for Discipline Inspection at lower levels;
(four) to hear cases in which the Disciplinary Committee at a lower level has different opinions on the decision of the Party Committee at the same level to handle cases and requests for review or reconsideration;
(five) to listen to the report of the disciplinary inspection committee at a lower level;
(six) to try other cases assigned by leading comrades;
(seven) to accept party member's complaint about the punishment or conclusion in the case approved by the Party Committee and the Commission for Discipline Inspection at the same level and the Party Committee and the Commission for Discipline Inspection at a higher level;
(eight) to investigate and study the trial of cases and the implementation of party discipline, formulate the provisions on the standardization of case trials, and provide professional guidance to the trial work of the disciplinary committees at lower levels;
(9) Select typical cases to carry out party spirit, party style and party discipline education.
Chapter III Basic Requirements for Hearing Cases
Article 11 The facts are clear.
Facts are the basis of the final decision. When trying a case, we should examine the time, place, plot, consequences, personal responsibility and subjective and objective reasons of the error. If the facts are unclear, it is necessary to instruct or cooperate with the original reporting unit to re-verify them clearly, so as to make the identified wrong facts conform to objective reality.
Article 12 The evidence is conclusive
Evidence is the basis of judging facts. The evidence must be carefully identified to eliminate the false and retain the true. There must be enough evidence to identify the wrong facts. If there is no evidence or insufficient evidence, and there is no conclusion, it cannot be determined. The evidence is sufficient and conclusive, even if the person who made the mistake refuses to admit it, it can be recognized.
Article 13 qualitative accuracy
To determine the nature of the problem, we must make a concrete analysis on the basis of clear facts and conclusive evidence, and take party constitution, some norms of political life within the party, the party's principles and policies and national laws and regulations as the criterion to determine the nature of the problem. If the nature is difficult to determine, draw a conclusion realistically.
Article 14 properly handle
On the basis of clear facts, conclusive evidence and accurate qualitative analysis, make appropriate treatment. Don't overdo it and don't tolerate it.
Under no circumstances should innocent people be implicated.
Article 15 The procedures are complete
Handling cases should be handled in strict accordance with the procedures stipulated by party constitution, and be examined and approved according to the approval authority of party member or Party organizations. Incomplete procedures must be supplemented by the original reporting unit.
A case submitted for examination and approval shall submit the following materials:
(1) disposition decision;
(2) the wrong fact investigation report and main evidence materials;
(3) I check the materials and opinions of the punishment decision, and the explanation of my opinions by the party organization;
(4) Review opinions of the Party's Commission for Discipline Inspection or Party organizations.
Cases reviewed must be reported: review or reconsideration report and main evidence materials; Decisions and opinions on the handling of relevant party organizations; My opinion and the explanation of the party organization for my different opinions; The original punishment decision and the main evidence of the original case.
Chapter IV Safeguarding the Legal Rights of party member
Sixteenth grass-roots party organizations to discuss and decide the punishment of party member, if there are no special circumstances, should inform me to attend the meeting, and allow me to attend the meeting to defend myself, but also allow others to defend themselves.
Seventeenth party organizations must meet with me, explain the situation, and defend party member's punishment decision and the factual materials on which it is based. When I have different opinions on the wrong facts identified by party organizations, I will seriously review them and adopt their reasonable opinions. If the facts are clear and the evidence is conclusive, and I insist on the wrong opinion or refuse to sign the opinion, the party organization will make a written explanation and make a decision according to the facts. Cases that need to be reported to the higher authorities for examination and approval shall be reported together with my opinions.
It is necessary to effectively protect the rights of informants and witnesses, and not to show the accusation materials and witness testimony to the wrong person.
Article 18 The disciplinary decision (or conclusion) made by the Party organization shall be signed by the party concerned, copied to the party concerned together with the defense after approval by the superior, and published within a proper scope.
Nineteenth once the punishment decision is approved, it will be implemented immediately. I refuse to accept the complaint, the relevant party organizations must be responsible for timely handling or rapid transmission, and shall not withhold, and the organizer shall not shirk. If the complaint needs to be changed for justified reasons, it should be corrected realistically; If the wrong facts are clear, the evidence is conclusive, the nature is accurate, and the treatment is appropriate, but I insist on the wrong and unreasonable requirements, I should criticize and educate; We must deal with unreasonable troubles seriously.
Chapter V Working Procedures for the Trial of Cases
Twentieth cases that need to be decided or approved by the Party Committee and the Commission for Discipline Inspection at the same level and reported to the Party Committee and the Commission for Discipline Inspection at a higher level must be tried by the judicial department before the formal decision or approval.
Twenty-first hearing departments shall immediately designate the undertaker after receiving the cases that need to be heard by their own departments. Except for simple cases, each case should be undertaken by two people, and particularly serious and complicated cases should be handled by a review team of more than two people.
Twenty-second contractors in accordance with the basic requirements of the third chapter of this Ordinance, carefully study the case, put forward opinions. For major or complicated cases, the main facts and evidence shall be directly examined and verified when necessary.
Article 23 The judicial departments shall consider cases collectively. The undertaker reports the case and hearing opinions. There should be evidence when reporting the case, and it is not allowed to expand or narrow the facts at will. In the discussion, we should give full play to democracy, speak freely and allow people who make mistakes to defend themselves. Then write a trial report according to the decision of the meeting. If there are different opinions in the discussion, report at the same time.
Twenty-fourth under normal circumstances, the examination and approval authority shall send a special person to talk with the person being punished, and listen carefully to the opinions of the person being punished during the trial. At the same time, according to the situation, give necessary help and education to party member who made mistakes. Good boy, conversation record.
Twenty-fifth cases that need to seek the opinions of relevant departments shall be carried out before the examination and approval of the Standing Committee.
Twenty-sixth cases that have been considered collectively by the judicial departments shall be submitted to the Standing Committee of the Commission for Discipline Inspection for examination and approval, together with the case trial report and relevant materials submitted by the lower disciplinary committee or the party committee.
Twenty-seventh by the Standing Committee of the Commission for Discipline Inspection, according to the approval authority, the case approved by the Commission for Discipline Inspection shall be approved immediately; Cases that need to be reported to the Party Committee at the same level or the Party Committee and the Commission for Discipline Inspection at a higher level shall be handled in a timely manner. After receiving the approval from the Party committee at the same level or the Party committee and the Commission for Discipline Inspection at a higher level, handle the approval procedures for the relevant party organizations in a timely manner.
Twenty-eighth cases that have been approved or agreed to be filed shall be copied to the Organization Department of the Party Committee at the same level and other relevant departments in a timely manner. In the disciplinary decision given to party member, when it is suggested that the non-party organization revoke its non-party post and give other administrative sanctions, the disciplinary decision should be sent to the relevant non-party organization.
Twenty-ninth cases, the undertaker shall file in accordance with the provisions.
Chapter VI Requirements of Case Trial Personnel
Thirtieth investigators should have the principles, party spirit and work style:
(a) to have a strong sense of party spirit and a high sense of responsibility, adhere to principles, be honest, handle cases impartially, do not practice favoritism, and dare to resolutely fight against all violations of party discipline and state law.
(2) Insist on seeking truth from facts, proceed from reality and do not make subjective assumptions; Insist on investigation and study, follow the mass line and listen to different opinions.
(3) Pay attention to summing up experience and strive to improve work quality and efficiency.
(four) exemplary compliance with party discipline and state laws, strictly abide by the confidentiality system, and shall not disclose the case to irrelevant personnel.
(five) seriously study the party's principles and policies, party rules and regulations and national laws and regulations, and constantly improve their political and ideological level and policy and business level.
Article 31 These Regulations are laws and regulations for the trial of cases. Party organizations at all levels and disciplinary committees at all levels must handle cases in accordance with these regulations.
Baidu Encyclopedia-Regulations on the Trial of Cases by the Party's Discipline Inspection Organs