Anti-corruption scholar Li Li: Discipline, subject responsibility and unclear public-private boundaries have led to frequent poverty alleviation and corruption

Although it is not illegal, it must also be severely punished

Through combing and analyzing the 405 cases of discipline violations in the field of poverty alleviation exposed by the website of the Central Commission for Discipline Inspection and related media, the author summarizes several characteristics of discipline violations in the field of poverty alleviation.

First, the basis for punishment is subject to intra-Party discipline. Specifically, in cases of discipline violations in the field of poverty alleviation, the "Constitution of the Communist Party of China", the "Several Provisions on the Honest Performance of Duties by Rural Grassroots Cadres (Trial Implementation)" and "Honest Discipline" are mainly based. Through the word cloud analysis of existing disciplinary cases, we found that the types of discipline violations in the field of poverty alleviation mainly include: lax audit checks, less bookkeeping, no bookkeeping, illegal collection of dereliction of duty, incorrect performance of duties, etc.

It is not difficult to find that in these cases of violation of discipline, the violations (including interception, impersonation, false declaration, and misappropriation) account for the highest proportion. These types of violations of discipline are similar to cases of violation of law, but the amount of violations committed is generally small and does not constitute an offence. This also reflects that in the field of poverty alleviation, projects involving poor people are actually projects or projects that benefit the people that are closely related to their lives. The number is small, but the impact is bad. Therefore, although it does not constitute a violation of the law, it also needs to be strictly investigated and punished in accordance with the party's disciplinary regulations.

Second, regulatory negligence is also a violation of discipline. Among these disciplinary cases, there are also some cases that are dereliction of duty and inadequate supervision. For example, the Poverty Alleviation Office of Xian'an District, Xianning City, Hubei Province, has dereliction of duty in supervision. When handling the application for a financial poverty alleviation discount loan of a certain company, the Xian'an District Poverty Alleviation Office did not strictly review and control, and did not find problems such as falsification of information, resulting in the 500,000 yuan poverty alleviation discount loan being defrauded (and later recovered). Xiong Qiuxiu, former secretary of the party leading group and director of the district poverty alleviation office, and Li Bing, former responsible person of the agricultural finance unit of the district finance bureau, were punished with warnings within the party; and Li Yingmin, former deputy secretary of the party group of the district poverty alleviation office, was given a serious warning and punishment within the party. In this case, although the former party secretary, director, deputy secretary and former head of the agricultural finance unit of the district finance bureau were not directly involved in the violation of discipline, they had the main responsibility for supervision and dereliction of duty as the competent leader, so they were all punished with warnings within the party.

Compared with various cases of violation of law, these cases of violation of discipline reflect that discipline violations not only focus on specific disciplinary violations such as interception, misappropriation, and impersonation, but also hold them accountable for the main responsibility of their competent leaders and higher-level party committees.

Third, most of the subjects who violate discipline are "number one." The subject of the violation of discipline is similar to the subject of the illegal act, and it is mainly the "number one". The directors of village committees and village party secretaries (including the first secretary of the village branch) account for more than 60 percent; other cadres of the two village committees, such as village clerks and militia battalion commanders, as well as the directors of poverty alleviation offices and the top leaders of the corresponding departments of major agriculture (forestry) are also the main groups.

This also shows that whether it is a violation of law or discipline, the village committee cadres who are the number one are weak links in the supervision of power.

Finally, the types of penalties for disciplinary violations are different. Different from the punishment for violating the law, we found that the types of punishment in disciplinary cases are all intra-party disciplinary sanctions, such as intra-party warning punishment, serious warning punishment, expulsion from the party, etc. Compared with criminal punishments for violating the law, disciplinary punishments have a distinct nature of warning and warning. At the same time, it also shows that as grassroots cadres with the most direct ties with the masses, it is of great significance to prevent micro-aggressions and create an image of strict party discipline through the investigation and handling of violations of discipline.

The three "unclear boundaries" have led to frequent violations of discipline

Disciplinary boundaries are unclear

Against the background of comprehensively ruling the country according to law and administering the party in an all-round and strict manner, the newly revised "CPC Guidelines for Honesty and Self-Discipline" and the "CPC Disciplinary Punishment Regulations" adhere to the principle that discipline precedes the law and discipline is stricter than the law, which is an important achievement in the innovation of the system of managing the party and governing the party. If we retreat to the legal defense line, only leading cadres who have seriously violated discipline and the law are punished, and most party members are "out of control" and do not take discipline and rules seriously, comprehensively and strictly administering the party will become an empty phrase. In these cases, we also see that more than 60% of the cases involve violations.

These cadres in the field of poverty alleviation who violate the party's discipline and rules believe that "violating discipline is only a small section." This reflects that these grassroots cadres, as Communist Party members, have failed to strictly abide by the Party Constitution and Party Rules, and have failed to clarify that the disciplinary requirements of Party members are actually higher than those required by law, resulting in problems such as illegal examination and approval.

The boundary of discipline is actually the bottom line of the members of the Communist Party of China, reflecting the party's ideals and beliefs and purposes, and is higher than the legal requirements. Party discipline must precede and be stricter than the state law, and to put party discipline ahead of the state law is to set higher demands on party members and cadres.

The boundaries of subject responsibility are unclear

Shao Youfang, former secretary of the party branch and director of the village committee of Beipo Village, Wuying Town, Qin'an County, Gansu Province, intercepted the special loan for precision poverty alleviation. During this period, the masses repeatedly reflected Shao Youfang's problems, and although the party committee and discipline inspection committee of Wuying Town conducted investigations, their work was perfunctory and they failed to discover the existing problems. Finally, the village's superior Wuying Town Party Committee Secretary, Town Discipline Inspection Committee Secretary, Town Discipline Inspection Commission Deputy Secretary, and Director of the Supervision Office were all punished accordingly. This case reflects the problem of unclear boundaries of the leadership's main responsibility. "Implement the responsibility system for the construction of party style and clean government, the party committee is responsible for the main responsibility, and the discipline inspection commission is responsible for supervision.", this

It is an important deployment of the Third Plenary Session of the Eighteenth Central Committee for the construction of anti-corruption systems and mechanisms. Specifically, the main responsibilities of party committees are: First, strengthen leadership, properly select and use cadres, and prevent unhealthy tendencies and corruption problems in the selection and employment of personnel; second, resolutely correct behaviors that harm the interests of the masses; third, strengthen restraint and supervision over the operation of power and prevent and control corruption at the source; fourth, lead and support discipline enforcement organs in investigating and handling problems of violating discipline and law; fifth, the principal responsible comrades of party committees should properly manage leading bodies, lead the contingent well, manage themselves well, and set an example in honest and honest administration. For grassroots cadres, especially leading cadres in the field of poverty alleviation, strengthening the restraint and supervision of the operation of power in all work in the field of poverty alleviation and correcting behaviors that harm the interests of the masses is an important part of the implementation of the main responsibility. Therefore, in the above-mentioned cases, the occurrence of violations of discipline by village cadres who withheld poverty alleviation funds was not only a problem in themselves, but also a manifestation of their superior leaders ignoring power supervision and restraint and failing to conscientiously perform their main responsibilities. Failure to distinguish the boundaries of the main responsibility is easy to supervise and derelict in its duties and harm the interests of the masses.

The public-private boundary is unclear

In the cases of disciplinary violations, we found a type of so-called "kindness to relatives and friends" type of cases. For example, the former secretary of the party branch of Zhangxiao Village, Subao Township, Xiji County, Ningxia Hui Autonomous Region, has successively applied for 8 minimum guarantee indicators for himself and his 3 sons in violation of the law, and Wang Junjun, former director of the village committee, has successively handled 4 minimum guarantee indicators for himself and his wife in violation of the law. This is a typical manifestation of the unclear public-private boundary. At the grass-roots level, especially in rural areas, many village cadres still have a very weak sense of public and private interests, and thinking that they are village directors and village party secretaries is equivalent to one person having the final say. Due to the weak supervision at the grass-roots level, many village cadres even feel that it is only natural for them to do things for their own families and seek benefits. I feel that I have paid a lot for the villagers, and I should make some profits for myself and my family. Behind these actions are the lack of real awareness that their power is public power. The use of public power should serve the public interest, not one's own private interests. At the same time, there are also some people who think that they have become the village chief, and the relatives and friends in the family have a little light, and it is right to get some profits. Whoever does not profit from himself is a fool. And in the eyes of many people, taking advantage of some and giving priority to doing something is not a violation of the law, no big deal. Indeed, these

It is not an illegal act, but it is a violation of discipline that seriously damages the image of Communist Party members. If the ordinary poor masses are not treated fairly in matters that urgently need help, then this will not only affect their normal lives such as food, clothing, shelter, and transportation, but also affect their trust in the party. If we cannot truly distinguish between public power and private interests, then these small violations of discipline will one day turn into a big problem of breaking the law.

How to prevent micro-gradualism

"Do not do what is good and small, and do not do it with evil." In fact, the principles of the ancients are equally applicable to the prevention of corruption in the field of targeted poverty alleviation. Specifically, I think we can focus on the following three aspects.

First of all, correctly establish the discipline concept of "discipline before the law and strict discipline before the law." The vanguard nature of the Communist Party of China is mainly reflected in the exemplary vanguard nature of all Party members. The law applies to every ordinary citizen, but party discipline and party rules are higher than the law and stricter than the law, which embodies the vanguard nature and advanced nature of our party. Therefore, as grassroots party members and cadres in the field of poverty alleviation, they need to clarify the boundary between party discipline and state law, and they need to establish the concept of "discipline before the law and discipline is stricter than the law". Attach importance to the constraints and constraints of discipline and rules on individuals.

Second, correctly distinguish between public and private boundaries. The more at the grassroots level, the more subtle and trivial the work that Party members and cadres come into contact with and handle. These tasks are also easily closely related to the daily lives of the masses. Coupled with the relatively deep social characteristics of acquaintances in rural China, human feelings, faces and relationships are not only bridges to facilitate the connection with the masses in work, but also bring about a lot of gray behaviors that are unclear and unclear.

Public-private boundaries are difficult to effectively distinguish and define in this work environment. Give some benefits, and do a convenience that is considered normal and humane by both parties. However, the more confusing it is, the more it is necessary for grass-roots cadres to be able to clearly define the boundary between public and private, especially when it comes to family members and relatives who have conflicts of interest with themselves, and all kinds of concepts of using power to exercise convenience and privileges must be put to an early brake.

Again, don't be greedy for "small bargains". The so-called greed and cheapness is not a unique psychology of our Chinese. Looking around history, from heads of state to ordinary people, there have been cases of this mentality. In the eyes of many people, a little cheap is not an unforgivable mistake, so it is easy for everyone to accept.

In Hong Kong in the 1960s and 1970s, when the whole society was also in this way, hospitals needed to give doctors red envelopes, and police officers on official duty often took hawkers for free. The person who takes advantage of the advantage feels that what he is touching is not worth much money, so it is not a big deal; the person who is taken advantage of feels at ease, so as not to be embarrassed. However, in this atmosphere of mutual acquiescence and reasonableness, the whole society will gradually adapt from the bottom up. When faced with important matters, the officials who hold power become more intense. But tracing its source is actually caused by everyone's indulgence in the slightest greed and cheapness. (The author is a researcher at the Research Center for the Construction and Development of Honesty and Strength of Tsinghua University)

(Originally titled "Analysis of Corruption and Discipline Violations in the Field of Targeted Poverty Alleviation")