The details are as follows:
According to Article 38 of the Supervision Law of the People's Republic of China, if it is necessary to deal with the problem clues by preliminary verification, the supervisory organ shall perform the examination and approval procedures according to law and set up a verification team.
after the preliminary verification, the verification team shall write a preliminary verification report and put forward suggestions for handling.
The undertaking department shall put forward opinions on classified treatment.
the preliminary verification report and classified handling opinions shall be submitted to the principal responsible person of the supervisory organ for approval.
This article mainly includes four aspects:
First, the orientation of preliminary verification.
preliminary verification refers to the activities of the supervisory organ to preliminarily understand and verify the clues that reflect the suspected illegal crimes of the supervised object.
preliminary verification is an important link in the investigation work of the supervisory organ. Whether there are illegal and criminal facts identified in the process of preliminary verification, as well as the evidence materials collected, are an important basis for whether to file a case for investigation and lay a certain foundation for case investigation.
the second is the procedure of preliminary verification.
according to the provisions of this article, the supervisory organ shall, in general, report to the relevant person in charge of the supervisory organ for approval when handling the problem clues and performing the examination and approval procedures by means of preliminary verification.
after approval, the undertaking department shall formulate a work plan and set up a verification team.
the preliminary verification plan generally includes the basis of preliminary verification, the composition of the verification team, the problems to be verified, the methods, steps, time, scope and procedures of preliminary verification, and matters needing attention.
the number of the verification team can be determined according to the scope and nature of the main problems reflected, with at least two people. If the case is complex, serious and has a heavy workload, additional personnel can be appropriately allocated.
the preliminary verification plan shall be submitted to the principal responsible person of the undertaking department and the person in charge of the supervisory organ for approval.
the third is the task and method of preliminary verification.
the main task of the preliminary verification stage is to know whether the main problems reflected by the verification exist and whether it is necessary to give administrative sanctions to the objects involved.
in the preliminary verification, the verification team should highlight the key points, seize the main problems to collect evidence and find out the facts, and also pay attention to confidentiality to minimize the impact.
upon approval, the verification team can take necessary measures to collect evidence, such as talking with relevant personnel to understand the situation, asking relevant organizations to make explanations, obtaining personal reports on relevant matters, consulting copied documents, accounts, files and other materials, checking assets and relevant information, and conducting appraisal and inspection.
if it is necessary to take measures such as technical investigation or exit restriction, the supervisory organ shall strictly perform the examination and approval procedures and submit them to the relevant authorities for implementation.
the fourth is the processing of preliminary verification results.
after the preliminary verification, the verification team shall write a preliminary verification report, which shall list the basic information of the verified person, the main problems reflected, the basis for handling, the preliminary verification results, the existing doubts and suggestions for handling, and shall be signed by all the personnel of the verification team for future reference.
the undertaking department shall comprehensively analyze the preliminary verification situation, and put forward suggestions on classified treatment according to the ways of filing a case for review, closing it, reminding people in conversation, temporarily holding it for investigation, or transferring it to relevant authorities for handling.
the report on preliminary verification and suggestions on classified treatment shall be submitted to the principal responsible person of the supervisory organ for examination and approval, and if necessary, to the principal responsible person of the Party committee (party group) at the same level.
Extended information
Article 39 of the Supervision Law of the People's Republic of China
After preliminary verification, if the subject of supervision is suspected of committing crimes by taking advantage of his position and needs to be investigated for legal responsibility, the supervisory organ shall go through the filing procedures in accordance with the prescribed authority and procedures.
after the main person in charge of the supervisory organ approves the filing of the case according to law, he shall preside over a special meeting to study and determine the investigation plan and decide the investigation measures to be taken.
The decision to initiate an investigation shall be announced to the respondent and notified to the relevant organizations.
if a person is suspected of serious duty violation or duty crime, he/she shall notify the family members of the investigated person and make it public.
Article 4 A supervisory organ shall investigate cases of duty-related violations and crimes, collect evidence of whether the person under investigation has committed crimes or not and the seriousness of the case, find out the facts of the crimes, and form a complete and stable chain of evidence that confirms each other.
It is strictly forbidden to collect evidence by threats, seduction, deception or other illegal means, and it is strictly forbidden to insult, abuse, abuse, corporal punishment or corporal punishment in disguised form.
article 41 when an investigator takes investigation measures such as interrogation, inquiry, lien, search, retrieval, seizure, detention, and inspection, he/she shall show his/her certificates and issue a written notice in accordance with the regulations, and be conducted by two or more people to form written materials such as transcripts and reports, which shall be signed and sealed by the relevant personnel.
when investigators conduct interrogation, search, seizure and other important evidence collection work, they should record and video the whole process and keep it for future reference.
article 42 investigators shall strictly implement the investigation plan, and shall not arbitrarily expand the scope of investigation or change the objects and items of investigation.
important matters in the investigation process should be studied collectively and reported according to procedures.
References: Liuzhou Daily-How does the supervisory organ handle the problem clues by preliminary verification?