Legal construction of discipline inspection and bet365 new user promo,Essentially, it is empowered in accordance with the Party Constitution, Party Rules, Party Discipline, Constitution, Laws and Regulations、Limited rights、Exercise,Promote bet365 new user promo with legal thinking and legal methods、Prevention and Control of Corruption。In the process of promoting the legalization of discipline inspection and bet365 new user promo,The first task is to improve the disciplinary inspection and bet365 new user promo laws and regulations system,Building an “institutional cage” for the power of discipline inspection and bet365 new user promo。Based on "right by law、The basic rule of law concept of "power is exercised in accordance with the law",Discipline inspection and bet365 new user promo agencies must strictly apply discipline inspection and bet365 new user promo regulations,Ensure that the power of discipline inspection and bet365 new user promo operates on the track of the rule of law。
Formulate a complete system of discipline inspection and bet365 new user promo laws and regulations
With the continuous deepening of the reform of the discipline inspection and bet365 new user promo system,The party and the state have issued a number of intra-party regulations and supervisory laws and regulations to consolidate the results of the reform,Standardize the operation of disciplinary inspection and bet365 new user promo powers。current,my country’s disciplinary inspection and bet365 new user promo laws and regulations system mainly consists of bet365 new user promo laws and regulations with the bet365 new user promo Law as the backbone and intra-party regulations with the Work Regulations of the Discipline Inspection Commission of the Communist Party of China as the backbone。The bet365 new user promo Law plays a guiding and basic normative role in national bet365 new user promo work,But most of them are principle provisions,Therefore, the country subsequently promulgated the supporting "Law on Administrative Punishment of Public Officials", "Regulations on the Implementation of the bet365 new user promo Law", "Supervisor Law", etc.,Detailed regulations on relevant systems。The "Regulations on the Work of the Commission for Discipline Inspection of the Communist Party of China" is the first regulation in the history of the Party to comprehensively regulate the work of the Commission for Discipline Inspection,It is the basic law that regulates the work of the Discipline Inspection Commission。In addition,"Regulations on Disciplinary Punishments of the Communist Party of China", "Working Rules for bet365 new user promo and Enforcement of Discipline Inspection Organs of the Communist Party of China", "Working Rules for Discipline Inspection and bet365 new user promo Organs Delegated Institutions", "Opinions of the Central Committee of the Communist Party of China on Strengthening bet365 new user promo of "Top Leaders" and Leadership Teams" and other intra-party regulations,Also for disciplinary action、bet365 new user promo and discipline enforcement work、Specific disciplinary inspection and bet365 new user promo work such as the dispatching work and the bet365 new user promo of main leading cadres and leadership teams are separately provided for。
Current,my country’s disciplinary inspection and bet365 new user promo laws and regulations system has basically taken shape,But it still needs to be continuously enriched、Perfect。First, the content of discipline inspection and bet365 new user promo regulations must be continuously adjusted with the development of discipline inspection and bet365 new user promo practice、Expansion。It is not only necessary to upgrade the useful experiences and practices in the reform into laws and regulations,We must also promptly respond to problems that need to be solved in practice。The second is between discipline inspection and bet365 new user promo regulations、Disciplinary inspection and bet365 new user promo regulations and other national laws、Intra-party laws and regulations should be coordinated,Avoid specification conflicts。According to Article 118 of the Legislation Law,The formulation body of supervisory regulations is limited to the National Supervisory Commission,This can ensure the coherence and coordination of supervisory regulations;This article also stipulates the filing system for bet365 new user promo regulations,Thus ensuring the substantive legality and constitutionality of bet365 new user promo regulations。In addition,According to Article 10 of the "Regulations on the Formulation of Intra-Party Laws and Regulations of the Communist Party of China",The Central Commission for Discipline Inspection has the power to formulate intra-Party regulations on relevant matters within its scope of authority,It can also ensure the coordination between intra-party regulations related to discipline inspection and supervisory laws and regulations。But in order to further strengthen the connection between party regulations and national laws,It is necessary to select regulatory terms based on the principle of legal clarity、Suggest unified clarity requirements for the design of clauses,Provide clearer rules and guidelines for the legal operation of disciplinary inspection and bet365 new user promo work。
Clear the applicable rules for discipline inspection and bet365 new user promo regulations
First,Accurate identification of facts is the prerequisite for correct application of law。Disciplinary inspection and bet365 new user promo evidence has the characteristics of compounding and cross-cutting: compounding means that the disciplinary inspection and bet365 new user promo evidence also covers the evidence of job crimes、Evidence of occupational violations and evidence of discipline enforcement;Intersectionality means that disciplinary inspection and bet365 new user promo evidence is collected in the same procedure、Retrieve,The same evidence may lead to disciplinary violations、Three types of cases of official violations and official crimes (hereinafter referred to as "three types of cases") are all probative,The evidence in the three types of cases can also be connected and transformed。Article 33 of the bet365 new user promo Law clearly requires supervisory agencies to collect、Fixed、Review、The use of evidence should be consistent with the requirements and standards for evidence in criminal trials。This helps ensure the quality of evidence in disciplinary inspection and bet365 new user promo cases,It is also conducive to the connection between bet365 new user promo procedures and criminal proceedings,But it does not mean that the same evidentiary standards must be applied to the three types of cases,Differentiated evidence standards are more in line with the practical needs of disciplinary and law enforcement。Currently,According to the relevant provisions of the "bet365 new user promo Law", "Regulations on the bet365 new user promo and Enforcement of Discipline Inspection Organs of the Communist Party of China" and "Law on Government Punishments for Public Employees",Off-duty crime cases need to have “clear facts” consistent with criminal trials,The evidence is solid、Adequate” standard,Office violations and disciplinary cases should have “clear facts、The standard of “conclusive evidence”,Although the expressions are different,But there is no substantial difference in connotation。Discipline inspection and bet365 new user promo agencies should have a differentiated understanding of the evidence standards of different cases when handling cases,In order to achieve the effective unity of pursuing substantive justice and case handling efficiency。
Secondly,Procedural fairness is the guarantee of substantive fairness。From bet365 new user promo and inspection to review and investigation to final disposal,Discipline inspection and bet365 new user promo laws and regulations provide detailed procedural rules guidance for the behavior of discipline inspection and bet365 new user promo agencies。However, there are still many areas for improvement in the design of the current disciplinary inspection and bet365 new user promo procedures,For example, transparency needs to be strengthened,The connection with criminal proceedings should be smoother, etc.。Building more scientifically、Fair procedural mechanism,More refined、Comprehensive workflow,Is the top priority of the legal construction of discipline inspection and bet365 new user promo。
Finally,Correct application of substantive regulations is the key to fair handling of cases。Currently,The substantive regulatory basis for duty-related crime cases and disciplinary violation cases is relatively clear: the former is mainly stipulated by the bet365 new user promo Law, the Implementation Regulations of the bet365 new user promo Law and the Criminal Law,The latter is mainly stipulated in the "Regulations on Disciplinary Punishments of the Communist Party of China"。What is more controversial is the substantive legal basis for cases of occupational violations。Generally speaking,Anything performed by a public official、Involving the exercise of public power and violating the legal norms of office、Conduct that is subject to government sanctions according to law but does not constitute a crime,All belong to "office-related violations"。Therefore,Any legal norms that stipulate the duties and obligations of public officials may become the substantive legal basis for official violations。These legal norms are together with the provisions on the application of government sanctions in the "Law on Governmental Sanctions for Public Officials",Provides a normative basis for the characterization and handling of occupational violation cases。In practice,Discipline violation、The line between official violations and official crimes is often blurred、Intertwined。Therefore,Disciplinary inspection and bet365 new user promo agencies should refer to relevant theories on the composition of crimes,Extract job crimes from entity specifications、Components of occupational violations and disciplinary violations,strict、Accurately apply relevant regulations。
Cultivate professional disciplinary inspection and bet365 new user promo talents
General Secretary Xi Jinping emphasized at the Fifth Plenary Session of the 19th Central Commission for Discipline Inspection,Disciplinary inspection and bet365 new user promo agencies must accept the strictest restraint and bet365 new user promo,Intensify strict management and governance、Strength of self-purification,Strive to build a team with high political quality、Loyal, clean and responsible、Strong professional ability、The disciplinary inspection and bet365 new user promo iron army who dares to fight and is good at fighting。Visible,Improving the political quality and professional capabilities of the discipline inspection and bet365 new user promo cadres is an important link in promoting the legalization of discipline inspection and bet365 new user promo。
2022,Discipline Inspection and bet365 new user promo is officially established as a new first-level discipline,marks that the training of discipline inspection and bet365 new user promo professionals in colleges and universities has entered a new stage。Universities serve as the cradle for cultivating professional talents in discipline inspection and bet365 new user promo,Ideological and political education should be integrated into all aspects of training,Integrate into classroom teaching、Teaching material construction、Practical education and other aspects,Cultivation of discipline inspection and bet365 new user promo professionals with both ability and political integrity。In addition,The education and training of disciplinary inspection and bet365 new user promo cadres is also an effective way to strengthen the construction of the discipline inspection and bet365 new user promo cadres。On the one hand,Discipline inspection and bet365 new user promo agencies at all levels should carry out in-depth political studies,Continuously strengthen theoretical arms,Enhance self-purification ability。On the other hand,It is necessary to change the procedural law、Courses related to evidence law are included in the training curriculum system for disciplinary inspection and bet365 new user promo cadres,Strengthen their evidence awareness、Procedural awareness and legal awareness,Improving the professionalism of the disciplinary inspection and bet365 new user promo cadres。
(The author is the deputy dean of the School of Discipline Inspection and bet365 new user promo of China University of Political Science and Law、Professor)
Friendly links:
Website registration number: Beijing Public Network Security No. 11010502030146 Ministry of Industry and Information Technology:
All rights reserved by bet365 new user promo Social Sciences Magazine. No reproduction or use without permission is allowed
Chief editor’s email: zzszbj@126.com Contact information of this website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026
>