January 8, 2024，General Secretary Xi Jinping delivered important speeches at the Third Plenary Session of the 20th Central Discipline Inspection Commission。He emphasized，New journey anti -corruption struggle，Continuous force to eliminate the soil and conditions arising from the problem of corruption、Promote in depth。The total requirements are，Persist in one -to -one and dare not rot、Can't rot、I don’t want to rot，Deepen the specimen and cure、System treatment，Constantly expanding the depth of the anti -corruption struggle，Place the right medicine、Precise treatment、Multiple measures，Make the old problem of repeated attacks gradually reduced，It makes it difficult for the new problems to spread，Promote the normalization of prevention and governance of corruption、Long -acting。From this perspective，In -depth promotion of the party's self -revolution，Resolutely win the fight against corruption struggle for a long time，Must -promote "Dingest"、Can't rot、Do not want to rot "(hereinafter referred to as" three non -rot ")，Build a full range of、three -dimensional、Comprehensive management and control system。The implementation of the "Supervision Law" of our country will incorporate duty illegal and duty criminal acts into the regulatory scope，Not only reflects the attitude of "zero tolerance" to corruption，It is also a positive response to the "three non -rot" to promote the integration。But，illegal and duty crimes are regulated by different legal departments，The identification standard is not consistent，Although there is a legal infringement of the facts, it has not reached the standard for constituting a crime、Drives of job micro -crimes between illegal and crime are difficult to effectively regulate。

Current，One in the "Three Nothing Rotten" must be precisely punished for minor corruption，Based bet365 Play online games on the establishment of "Legal Integration -Behavior -Responsibility"、"Skin+layered" is the micro -crime governance system for structure。Clarify the boundary between illegal and criminal，Configuration scientific punishment mechanism，Actions that meet the form of duty crime but have a wide punishment factors，and although the requirements for criminal forms are not satisfied, the behavior of actual law and interest is accurate，Obstacles to eliminate the "law" and "law and law" connection，To maximize the realization of the rule of law anti -corruption target。

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First，The criminal legislative mode of "strict and not strict" in my country's corruption governance leads to a high starting point for the overall sentence of the crime，Serious duties illegal acts are mostly used for "bottom -up" government affairs punishment。Specifically，Violation of party discipline、illegal behavior、The main basis for the conversion between job criminal behavior is the provisions of the "four forms" of supervision and discipline，The characteristics of minor corruption behaviors involved in crime may have theoretical "congenital inadequate" in the monitoring law system，Crime in accordance with the "Dan Dan" regulations in the vision of criminal law、Crime judgment and lack of practical operation standards。

Second，The prerequisite for the prerequisites of illegal duties in the Supervision Law is unknown，"Law" is limited to government affairs law or including all legal norms related to public officials? "Severe illegal" and illegal are based on a progressive relationship based on social harm，Or is it parallel in different legal categories? These vague understanding will inevitably lead to the government affairs sanction、Supervision Law、Fracture applicable to criminal law。

Last，Job illegal and duty crimes belong to different legal departments，Judgment of illegality、Applicable program、Governance mode and other aspects are obvious。In the current model of supervision and filing a case，The supervisory organs can start the supervision and filement process for bet365 best casino games illegal illegal and duty crimes，Then start a monitoring survey。This "extensive" monitoring and survey mode not only violates the principle of proportion，It cannot effectively guarantee the legitimate rights and interests of the person being investigated。

So，Divine Micro Crime Acts between job violations and duty crimes，It is necessary to systematically build its governance rules，Perform gradientization according to the nature of behavior、Correspondingized governance，Make up for the missing leakage of the existing punishment mechanism。

　　Build the foundation of the rule of law of the minor sin system

Building a job micro -crime system is not only an active response to the dilemma faced by the current anti -corruption work，It is also a practical expression of the active governance concept of criminal law。Current，Criminal structure under the vision of criminal law is lighter、Criminal legislation becomes more and more active，Light crime governance is one of the breakthroughs in active governance concept to advocate change。The legal basis for building a micro -crime system is: through activating the functions of crime layered governance function，Re -determining the scope of the protection of legal benefits with the layered positioning of "illegal -micro -crime -crime"，Promoting corruption governance means from illegal crime governance system to illegal micro -crime crime governance system，Make up for criminal law in the face of lack of utility when facing minor corruption。

other，The specifications of job microe crimes are based on: although this type of behavior is not as good as the degree of harmfulness，But it still has the attributes of legal and interest infringement，Therefore, it should be based on a substantist position，Adhere to the "behavioral standard" orientation，means to follow corruption、Method、Anti -characteristics such as infringement and other objective characteristics performed in nature，Correspondingly selecting different types of punishment。Even if the offender only implements job micro -crimes，You should also accept the corresponding punishment，Bet365 lotto review This is an institutional response to the zero -tolerance criminal policy of corruption crime。

　　Value of building a job microe system

Construction of a job micro -crime system shall follow the internal theory of the system，It can also guarantee the harmonious value guidance of the operation between law and norms。

First，Adhere to the combination of proportions and gradient，Based on the scope of the rules of the job micro -crime、Guide with the principle of proportions，Building a job illegal、Drawing micro crime、Gradient governance mode of duty crime，Proper restrictions on monitoring free tailoring rights，Make sure that the exercise of power meets the need for normative purposes。

2，Adhere to the combination of accuracy and humility，Multi -level punishment methods of "illegal -micro -crime -crime" accurate sector，Construct a diversified corruption governance system with the function of "prevention -punishment -education"，Realizing sin、Responsibility、Adaptation of punishment，Practicing the modest spirit of "light crime without punishment" under the concept of active criminal law。

third，Persistence of the combination of functional boundaries and linkage integration，The definition of the definition of job micro -crimes realizes the level of duty illegal and duty crimes，Clarify the functional positioning of different departmental laws。At the same time，Use a comprehensive integrated system thinking integration and optimization of the party regulations、Supervision Law、The institutional element of criminal law，Constructing a coordinated mechanism for micro -crime governance，Long -term nature of enhanced corruption governance、continuity、Systemic。

　　The ontology composition of the job microe system

Constructing a job microconal crime system should focus on the independence of behavior，Under the premise of adhering to the evaluation of legal and interest，By setting a heterogeneous composition that is different from crime composition to distinguish its behavior type。

The functional element of the sin of job micro -crime is reflected in the definition of layering、Precision of grading tailors，bet365 live casino games To ensure the inevitability of punishment，so as to achieve special prevention of corrupt elements、The general prevention of the alertness of potential corruption and the general prevention of police education for public officials。

The constituent elements of the minor crime should include the subjective and objective aspects: subjective actor should have intentional、Trivial and other error elements; objectively, the degree of infringement of legal benefits should be the core，Contains serious duties illegal acts、Although the constituent composition of duty crime, the behavior of "significant plot is slightly mild, does not consider crime"。other，As the result of the results of the result, the infringement of the result should be practical、Measurement。

Evaluation criteria for job micro crimes shall be determined in accordance with the following ways: in a clear position illegal、Under the premise of the standard of micro -crime and duty crime specification，Evaluate elements with "French and Integration"、"Behaviorality" is the secondary evaluation element，Combining the two to build an evaluation system of "Legal Integration -Behavior -Responsibility"。

The punishment measures for the crime of job micro -crime shall comprehensively comprehensive government affairs and the governance scope and effect of criminal punishment，Motor function filling: on the one hand，The function dimension of broaden punishment，Implementing education、Diversified governance of warning and punishment; on the other hand，Add necessary sanctions，Settings include property punishment、Professional prohibition、Service Base Service、Multi -dimensional punishment mode of extremely short -term free punishment。

　　Program settings of the job microe system

Integration of promoting the "three non -rot" governance of the minor crime of positions is not a category of criminal law，Instead of refining the connotation of supervision rights，Therefore, the supervision organs still need to bear the identification、Disposal responsibilities，Establish an independent investigation and trial procedure。

Investigation phase，It should change the practice Bet365 lotto review of "move first" or "first move and then move"，Construction of "Political Settlement、Micro Crime Out of the Case Procedure。The case is relatively simple，It can directly investigate duty violations or crimes; it is difficult to determine the nature、Unclear boundary，Performing the relevant procedures of criminal proceedings，To be verified after the truth，Cases that belong to the scope of slight corruption are handed over to the job microe system treatment，To achieve the corresponding diversion of the survey procedure。

Trial stage，It should be rely on layered theory and positive legal expansionism，Give the corresponding subject more active、Various governance methods。The boundary of different properties based on the infringement of legal and benefits，Create a system micro -crime evidence system, including proof standards。In the trial of the case，Confused and confessing punishment in combination with the supervision stage、Pack to the loot and return compensation，Proper punishment for the criminals。

　　Right to restrict the investigation of the microcritical crime of supervision

As a expansion of the power of government affairs，The right to investigate the job microe crime shall be restricted and supervised。Therefore，While building a job micro -crime system，It is also necessary to formulate a corresponding supervision and relief mechanism，To restrict public power and protect the rights of the investigator。

On the one hand，Construct a supervision and supervision mechanism。Supervision operation logic of the supervision operation of "duty illegal — illegal — job microengfeng -job crime"，Structural adjustment of the supervision and supervision mechanism，Forms an intra -party supervision、People's Congress Supervision、Supervision of the CPPCC、Prosecutor's legal supervision and citizen supervision of a number of horizontal supervision mechanisms。At the same time，Method of operation based on supervision power，Construction with intra -party supervision as the core、Supervisor is the main force、Prosecutor's early intervention as bet365 best casino games a vertical supervision mechanism，Finally formed diversification、stereo supervision and supervision mechanism。

On the other hand，Improve the Supervision and Rescue System。It should be combined with the supervision of the monitoring micro -crime punishment system，Expand the existing national compensation system，Establish an independent monitoring compensation system。Based on supervision damage、Differences of administrative damage and criminal damage，Establish an independent monitoring compensation system，Realize the right of rights to the person investigators。

　　(The author is a professor at the School of Law of Zhengzhou University)