"Before punishment,Cure for the disease and save people,It is the party that the Communist Party of China is explored by the Communist Party of China、Valuable experience in governing the party strictly。Regulations expression of this basic policy,The "Four Forms" requirements of Supervision and Discipline: Frequent criticism and self -criticism、Interview letter,Let "Red Face、Sweating "becomes the norm;、Organizational adjustment has become the majority of disciplinary treatment; party disciplinary punishment、major job adjustments have become a minority; serious violations of discipline suspected violations of laws and cases become very small。Supervision and Discipline "Four Forms" has become an important part of the "Regulations on the Internal Supervision of the Communist Party of China" passed by the Sixth Plenary Session of the 18th Central Committee of the Party。Anti -corruption is a national governance action based on the rule of law。"Keep most of the laws and regulations within the party,Policies to punish very few with criminal law,It has been fully reflected in the "four forms" of supervision and discipline。
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Breaking the window theory thinks,disorder、There is a causal relationship between violation of discipline and crime。Direct behavior within the party does not add control,Will develop into disciplinary violations,The spread of disciplinary violations,Will bring crimes。To prevent corruption crime,Affairs must be intervened with disorder and disciplinary behaviors with some specifications。Supervision and discipline "four forms" can help avoid disorderly behavior to turn to disciplinary behaviors、Disciplinary behavior slipped to the abyss of corruption crime,Window effect that helps to effectively avoid corruption。
Build a stronger line of defense。At a certain Bet365 lotto review point of time,A slight increase in corruption crime may lead to a sharp rise in the crime rate,This is the window break effect of crime。In the legal environment that only pays attention to punishment intensity without paying attention to the probability of punishment,Criminal opportunist psychology brought by the window break effect,It will lead to corrupt elements "front corruption and succession"。This can be seen,Grabbing Xiaoba He and French Open is an objective need to effectively avoid corruption and window effects。Supervision and Executive Discipline's "Four Forms" fully reflects the mechanism of catching up early and closely against the French Open。Where,Grabbing early means that "red face、Sweat "becomes the first line of defense for supervision and discipline,French Open strictly means that anti -corruption can not have a fish,It should build a strict corruption mechanism and strict corruption punishment system。It is not difficult to see,"Red Face、Sweat -the party sanction、Organizational adjustment -party discipline punishment、major job adjustment -Disciplinary violations suspected illegal filing review "are clearly clear,Clear structure,Interconnected,Connect to each other,A more strict punishment system formed,Different points of focus。Therefore, it helps build a stronger anti -corruption defense line。
Humanitarian that reflects the law。There is a close connection between slight corruption and severe corruption。The most fundamental measure for the design of the anti -corruption system is to start with slight corruption,Make it without a chance to transform into severe corruption,This is the fundamental of corruption prevention。From the perspective of governance,Anti -corruption is not to indulge corruption first、Development and growth,Then severely punish corrupt molecules with criminal law,Instead, the construction of the legislative system of the anti -corruption country,Forms "dare not rot、Can'Bet365 lotto review t rot、The institutional environment of not wanting to rot,Timely intervention of slight corruption,Chain that blocks corruption to severe development,Reduce the incidence of corruption to freezing point,This is the biggest protection for public officials。Supervision and discipline "four forms",Building four line defense for preventing corruption,Taking the party discipline in front of the national law,Can eliminate corruption in the bud state,Avoid the transformation of corrupt elements from "flies" to "tiger"。At the same time,The party and government sanctions lose position or level,instead of freedom or life,It can avoid public officials from "sit through the prison" or destroy the family because of corruption,Fully reflects the humanitarian of the law。Analysis from jurisprudence,Supervision and discipline "four forms" have very important criminal significance,Corruption is a social illness,It must be painful for a fierce medicine。Governing corruption requires legislative wisdom,Based on the theory of breaking the window,When corruption is still disorder,Give the necessary legal intervention,so as to avoid it from disorder to illegal,From illegal to crime。That's for this,With the help of the "Four Forms" with the help of supervision and discipline,Grasp the morning and grab the small,It is also the deserved meaning of the "pain under the pain" of corruption,worth cherishing。
Fully reflect the legislative purpose of anti -corruption countries
Internal party regulations and national laws as the integrated two wings of anti -corruption legislation,The purpose is to reduce、Corruption prevention。Anti -corruption,The key lies in preventing corruption,This is the bet365 Play online games purpose of the legislation of anti -corruption countries。Grasping corrupt officials is a strategy to prevent and punish corruption,The rule of law is the policy of preventing and punishing corruption,Maximum reduction of corruption and protection of public officials,is the ultimate purpose of the legislation of anti -corruption countries。In the sense of the rule of law,In terms of anti -corruption system defense,Strict party discipline、Educational civil servants and other preventive measures are the front line of the institutional defense line,Catching corrupt officials is the last line of defense in the anti -corruption system defense,Only after the collapse of the front line of defense,Only need to punish corruption by grasping corrupt officials。Prevent officials make a small mistake in discipline,It is the time node for preventing corruption,Understand anti -corruption as a corrupt official,The best time to miss the prevention of corruption。
Prevention of corruption is the purpose of legislative,punishment corruption is just a means to achieve the purpose。Corruption prevention includes general prevention and special prevention,General prevention is to prevent people without corruption on the road to corruption in the future,Special prevention is to prevent people who have been corrupt on the crime road again。The "four forms" of supervision and discipline are this valid mechanism,It takes corruption as a starting point and the final destination,In specific practice, it reflects "adhere to the" tiger "、‘Fly’ Together,Resolutely investigating and dealing with cases of disciplinary violations of leading cadres,Reagitting the problem of unhealthy wind and corruption that happened to the masses ",Actual effect can achieve "the strength is not reduced、The rhythm is unchanged,High -pressure situation of continuously maintaining corruption ",The atmosphere of dare not rot will be formed,It is of great significance to achieve general prevention。At the same time,Supervision and discipline "four forms" to implement the combination of punishment and education,Perform "punishment before、Cure for Treatment of the disease ",motivation that helps to eliminate corruption molecules,Forms an environment that I don’t want to rot。In short,bet365 Play online games my country's anti -corruption legislative purpose is engaged in post -punishment and turning to pre -prevention,It also means that the era of anti -corruption methods,Shig from the instrumental mode to the governance mode。
Party and government punishment and criminal punishment to build anti -corruption safety network
The Sixth Plenary Session of the Eighteenth Central Committee of the Party pointed out,"To persist with rot must be reversed、Greeds must be Su,Persist in the Forbidden Area、Full coverage、zero tolerance,A place where corruption is not allowed within the party "。How to achieve anti -corruption zero tolerance,Increase corruption in "Amendment to Criminal Law (9)"、In the case of sentencing standards for bribery,,Strict anti -corruption cannot be separated from the institutional role of internal party regulations。Internal party regulations are the manifestation of the party strictly,The parallel between it and national law,It is conducive to the true establishment of "the establishment of the party as the public、Governance of Governance for the People ",It is conducive to tightly tightening the anti -corruption "cage"。but,Job illegal and duty crimes cannot be confused,Not to replace criminal liability with party and government punishment。
Can't confuse job violations and duty crimes。my country's legislative system is based on illegal dual theory,Division of administrative law、Internal Party Regulations and Criminal Law,This forms a distinction between duty illegal and duty crimes。Discipline illegal laws are national public officials who violate administrative law、Behavior of intra -party regulations,Duty crime is the behavior of the state staff that violates the criminal law。The former involves administrative sanctions or party and government sanctions,The latter needs to be sentenced to punishment。The boundary between the two is clear、Connect to each other,Safety network that jointly builds anti -corruption。The promulgation of the National Supervision Law,It means that China'bet365 best casino games s anti -corruption enters a new stage。The National Supervision Commission has been operating today,The number of corruption cases accepted by the procuratorial organs decreased significantly compared with the past。But some local supervisory agencies confuse the boundaries of illegal positions and duty crimes,The connection between the National Supervision Law and the Criminal Procedure Law cannot be effectively realized,This is a special vigilance。The "four forms" of supervision and discipline are not replaced by party and government sanctions instead of criminal liability,Instead of multiple defense lines,Corruption that reaches the border of the crime into a very small number。
Do not replace criminal liability with party and government sanctions。"Before punishment,Treatment of the traditional governance strategy of treating the disease ",In the new era, it is reflected as "holding the vast majority of the majority of within the party's laws and regulations,Criminal Policy with Criminal Laws,This policy lies in avoiding corruption window break effects,When the duty illegal has not yet developed to a job crime,Method of improving the probability of punishment,Avoid state public officials from duty illegal to duty crimes。Supervision and discipline "four forms" is to reduce the criminals who dare to break through the discipline to the abyss of the crime to a small number。For these very few corrupt elements,Still insisting on guilty, you must check,The inevitability of punishment is implemented as an important task。In other words,"Control the vast majority of within the party's laws and regulations" is to prevent duty crimes through intervention in duties,to achieve the effect of "treating the disease and saving people",For corruption crimes,The state supervisory organs must not replace criminal liability with party and government sanctions。
The "four forms" proposed by the Sixth Plenary Session of the 18th Central Committee of the Party,With rich legal contains,Not only reflects the zero tolerance policy for corruption,Bet365 lotto review Adhere to "Tiger" and "Flies" together,It reflects "corruption is not removed、Never Recetching "anti -corruption determination,Implement "punishment before,Cure for the disease and save people,It is more conducive to achieving legislative purpose of preventing corruption,Therefore, it is a major innovation in my country's corruption crime prevention and punishment system。
(The author is a professor at the Institute of Modernization of China Law of Nanjing Normal University)
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