Build a "cage of institutional" for disciplinary inspection and supervision rights
October 31, 2023 14:39 Source: "China Social Sciences", October 31, 2023, Issue 2762 Author: Shi Pengpeng

Discipline Inspection and Supervision The Construction of the Law of Law,Essentially empowerment in accordance with the party constitution, party discipline and constitutional laws and regulations、Restrictions、Exercise,Promote supervision by the rule of law thinking and rule of law、Prevention and treatment of corruption。In the process of promoting the construction of disciplinary inspection and supervision,The first task is to improve the discipline inspection and supervision regulations,Build a "cage of institutional" for disciplinary inspection and supervision rights。Based on the "right to legal、Power of the Law of the Law ",Disciplinary inspection and supervision organs must strictly apply disciplinary inspection and supervision regulations,Guarantee of disciplinary inspection and supervision rights on the track of the rule of law。

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With the continuous deepening of the reform of the disciplinary inspection and supervision system,The party and the country have issued a number of internal party regulations and supervision laws and regulations to consolidate the results of reform,Standardize the operation of disciplinary inspection and supervision rights。Current,my country's Discipline Inspection and Supervision Regulations System is mainly composed of the supervision laws and regulations based on the Supervision Law as the active supervision law and Bet365 app download The "Regulations on the Work of the Communist Party of China" as the main party regulations。"Supervision Law" played a leading role in the national supervision work,But most of them are principled regulations,Therefore, the country has subsequently introduced the supporting "Public Officials Government Affairs Law", "Regulations on the Implementation of the Supervision Law", "Supervisor Law", etc.,Detailed regulations on the relevant system。The "Regulations on the Work of the Communist Party of China Disciplinary Inspection Commission" is the first regulation in the party's history to comprehensively regulate the work of the disciplinary inspection committee,It is the basic regulations that regulate the work of the Discipline Inspection Commission。In addition,The "Regulations on the Disciplinary Action of the Communist Party of China", "The Regulations of the Supervision and Disciplinary Work of the Communist Party of China", "Rules for the Work Rules of Disciplinary Inspection and Supervision Organs", "Opinions of the Central Committee of the Communist Party of China on Strengthening the" Strike "and the Supervision of the Leadership Team" Regulations,Also discipline、Supervision and discipline、Disciplinary inspection and supervision work of the leading cadres and leadership teams of major leadership cadres and leadership teams is made.。

Current,my country's disciplinary inspection and supervision regulations system has basically been formed,But still needs to be continuously enriched、Perfect。First, the content of the disciplinary inspection and supervision regulations should be adjusted with the development of disciplinary inspection and supervision and practice、Extension。Not only should we increase the useful experience and practices in the reform into laws and regulations,Also respond to the problems that need to be solved in the practice in time。The second is between disciplinary inspection and supervision regulations、Disciplinary Inspection and Supervision Regulations and other countries' laws、Separate coordination between the regulations of the party,Avoid specified conflicts。According to Article 118 of the Legislative Law,The main body of the supervision regulations is limited to the National Supervision Commission,This can ensure the coordination and coordination of the content of the supervisory regulations; this clause also stipulates the submission and filing system of supervision regulations,to ensure bet365 best casino games the substantial legitimacy and constitution of supervision regulations。In addition,According to Article 10 of the Regulations of the "Internal Regulations of the Communist Party of China",The Central Disciplinary Inspection Commission has the right to formulate intra -party regulations on the relevant matters within the scope of its authority,It can also guarantee the coordination between the party's intra -party regulations and the supervision laws and regulations。But in order to further strengthen the connection between party regulations and national laws,It is necessary、Terms of the Design of Terms to propose a unified clarity requirements,Provide a clearer rules and guidance for the rule of law operation of disciplinary inspection and supervision。

  Clarify the application of the application of disciplinary inspection and supervision regulations 

First,Accurate determination of the facts is the prerequisite for the correct application of the law。Disciplinary inspection and supervision evidence has the characteristics of composite and cross -characteristics: compounding refers to the evidence of disciplinary inspection and supervision at the same time covering the evidence of duty crime、Evidence of illegal law and evidence of discipline; cross -disciplinary inspection and supervision evidence is collected in the same program、Declaration,The same evidence may be against discipline、Jobs illegal and duty crimes (hereinafter referred to as "three types of cases") have proof,Evidence in three types of cases can be connected and transformed。Article 33 of the Supervision Law clearly requires the collection of supervisory agencies、fixed、review、The use of evidence should be consistent with the requirements and standards of criminal trials。This helps to ensure the quality of evidence of disciplinary inspection and supervision cases,It is also conducive to the connection between supervision procedures and criminal litigation procedures,but does not mean that the three types of cases must apply the same evidence standard,Differential evidence bet365 Play online games standards are more in line with the practice needs of disciplinary law enforcement。Current,According to the relevant provisions of the "Supervision Law", "Regulations on Supervision and Disciplinary Work of the Communist Party of China" and "Public Officials' Political Affairs Law",Cases of duty crimes need to be consistent with criminal trials.,Evidence is indeed、Full "standard,Disciplinary violations and disciplinary cases should reach "clear facts、Evidence Conflicted "standard,Although the expression is different,But there is no substantial difference in connotation。Disciplinary inspection and supervision organs should grasp the evidence standards of different cases when handling cases,In order to achieve effective unity of pursuing physical justice and efficiency of case handling。

Next,Procedures are the guarantee of physical impartiality。From supervision, inspection to review survey to the final disposal,Disciplinary Inspection and Supervision Regulations provides a detailed procedure rules guidance for the behavior of the disciplinary inspection and supervision agency。But the current design of the disciplinary inspection and supervision procedures still has many places to be improved,For example, it needs to be strengthened in terms of transparency,The connection with the criminal proceedings should be smoother, etc.。Build more scientific、A fair program mechanism,More refined、Comprehensive workflow,It is the top priority of disciplinary inspection and supervision of rule of law。

Last,Correct application of physical regulations is the key to the case of a fair treatment。Current,The physical specifications of duty crime cases and disciplinary cases are clearly clear: the former is mainly stipulated by the "Supervision Law", "Regulations on the Implementation of the Supervision Law" and "Criminal Law",The latter mainly stipulates that in the "Regulations on Disciplinary Actions of the Communist Party of China"。More controversial is the physical legal basis of the case illegal case。Generally speaking,Any personally implemented by public officials、involved bet365 Play online games public power exercises and violated the legal specifications of the job、Acts that should be punished by government affairs but have not yet constituted crimes,All belong to "job violations"。Therefore,The legal norms of the responsibilities and obligations of public officials may become the basis basis for the physical law of the job illegal。These legal norms are together with the provisions of the "Public Officials' Government Affairs Law" on applicable government affairs,provides a standard basis for the qualitative and disposal of duty illegal cases。In practice,Discipline、Jobs illegal and duty crimes are often blurred、Interweater。Therefore,Disciplinary inspection and supervision organs shall comply with the relevant theory of crime composition,Refining job crime from physical specifications、Discipline illegal and disciplinary constituent components,Strict、Application related specifications accurately。

  Cultivate professional disciplinary inspection and supervision talents 

General Secretary Xi Jinping emphasized at the Five Plenary Session of the 19th Central Discipline Inspection Commission,Disciplinary inspection and supervision organs must accept the most stringent constraints and supervision,Increase strict management and strict governance、Self -purification intensity,Efforts to build a high political quality、Loyalty and clean responsibility、Strong professional ability、Discipline Inspection and Supervision Railway Army, who dare to fight for struggle。Visible,Improved the political quality and professional ability of the team of disciplinary inspection and supervision cadres is an important part of promoting the construction of discipline inspection and supervision。

2022,Discipline Inspection and Supervision is officially established as a new first -level discipline,It marks the training of discipline inspection and supervision professionals in colleges and universities into a new stage。Cradle of colleges as a training for discipline inspection and supervision professionals,Through the ideological bet365 live casino games and political education through all training links,Integrate into the classroom teaching、Textbook Construction、Practical education and other aspects,Cultivation of disciplinary inspection and supervision professionals with both morality。In addition,Education and training of disciplinary inspection and supervision cadres is also an effective way to strengthen the construction of disciplinary inspection and supervision cadres。On the one hand,Disciplinary inspection and supervision organs at all levels should carry out in -depth political learning,Constantly strengthen theoretical armed forces,Enhance self -purification ability。On the other hand,It is necessary to give the program method、Related courses of Evidence Law are included in the training course system of disciplinary inspection and supervision cadres,Strengthen the consciousness of evidence、Procedure consciousness and rule of law awareness,Improve the degree of professionalization of disciplinary inspection and supervision cadres。

  (The author is the deputy dean of the discipline inspection and supervision of China University of Political Science and Law、Professor) 

Editor in charge: Cui Bohan
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