Promote precise enforcement of discipline and law and improve the quality of case-handling capabilities
Give full play to the guiding role of typical cases
Reporter Li Linna
In order to accurately and effectively punish the crime of bribery in accordance with the law and improve the efficiency of the comprehensive management of "joint investigation of bribery and bribery", the Hunan Provincial Supervision Commission, the Provincial High People's Court, and the Provincial People's Procuratorate organized the second batch of six typical cases of bribery...... Since the beginning of this year, discipline inspection and supervision organs in many places have combined work practices to release targeted guiding cases to promote precise discipline enforcement and law enforcement.
How can guiding cases provide guidance for discipline inspection and supervision organs to accurately and standardize their work of supervising discipline enforcement and law enforcement? How can high-quality cases play a political, typical, and exemplary role to enhance their case-handling capacity, quality, and effectiveness? This reporter conducted interviews.
Give full play to the guiding role of typical cases, accurately and effectively punishing violations and crimes
At the end of 2023, the "Compilation of Guiding Cases on Discipline Enforcement by the Central Commission for Discipline Inspection and the State Supervision Commission" was published and distributed. The book includes the first to third batches of guiding cases on discipline enforcement released by the Central Commission for Discipline Inspection and the State Supervision Commission from 2021 to 2022.
The reporter noted that in 2021, the Case Trial Office of the Central Commission for Discipline Inspection and the State Supervision Commission established a system of guiding cases for discipline enforcement and law enforcement, issued the "Working Measures for the Release of Guiding Cases (for Trial Implementation)", and released the first batch of guiding cases for discipline enforcement and law enforcement, clarifying that discipline inspection and supervision organs at all levels should refer to guiding cases when handling similar cases and handling similar issues.
It is understood that the "Case Collection" focuses on typical problems that violate the spirit of the eight provisions of the central government, typical problems with prominent local reactions and strong public reactions, and issues in determining the nature of the review of adversarial organizations, etc., and uses cases to explain discipline and reasoning, and provide clear guidance for discipline inspection and supervision organs at all levels to accurately and standardize the work of supervising discipline enforcement and law enforcement.
In April 2022, the National Supervision Commission and the Supreme People's Procuratorate jointly released the first batch of five typical cases of bribery. In March 2023, the Central Commission for Discipline Inspection, the State Supervision Commission, and the Supreme People's Procuratorate once again jointly released five typical cases of bribery.
In practice, when discipline inspection and supervision organs at all levels encounter similar problems, they effectively enhance the accuracy of discipline enforcement and law enforcement work by comparing them with Guiding Cases on the basis of adhering to the basic principle of seeking truth from facts and analyzing specific problems.
On March 31, 2024, the case of Song Moumou, former director of the Transportation Bureau of Jishou City, Hunan Province, accepting bribes was tried in the People's Court of Yongshun County, Hunan Province. The court found that Song Moumou took advantage of his position to seek benefits for seven units and individuals, including Xiangxi Pacific Construction Co., Ltd., Zhang Moumou, and Yang Moumou, in terms of project contracting and fund allocation.
The case-handling personnel of the Yongshun County Commission for Discipline Inspection and Supervision told reporters that in May 2023, in the process of investigating and handling Song Moumou's case, it was found that Song Moumou was suspected of accepting bribes from Guan Moumou, the person in charge of Xiangxi Pacific Construction Co., Ltd. However, the members of the special case group were confused about whether the bribery was an individual or a unit.
Referring to the typical cases of bribery released by the Central Commission for Discipline Inspection, the State Supervision Commission and the Supreme People's Procuratorate, as well as the two batches of 11 typical cases of bribery released by the Hunan Provincial Supervision Commission and relevant departments, the members of the special case team analyzed the possible relevant bribery behaviors in this case against Song's suspected bribery. In the end, drawing on the handling of the "Hengyang Cheng XX bribery case" jointly issued by the Hunan Provincial Supervision Commission and relevant departments, the special case team held that the act of offering bribes to Song XX was a unit bribery. Reviewing the experience of dispelling doubts and accurately qualitative case-handling, the case-handling personnel believe that this is inseparable from the guiding role of typical cases.
"In the typical case of 'Wu Moujia's bribery and bribery case' jointly released by the Hunan Provincial Supervision Commission and relevant departments, there is a new type of corruption problem of 'bribers holding stolen money and goods on behalf of the briber', which is exactly the same as a bribery and bribery case we are investigating and handling. The case-handling personnel of the Hanshou County Commission for Discipline Inspection and Supervision of Hunan Province told reporters that the typical case has intuitive guiding significance for the determination of the successful and attempted behavior of the person involved in the case of keeping the bribe-taker's stolen money, and has played an important role in promoting the smooth investigation and handling of relevant cases.
Through the study of typical cases, the Hanshou County Commission for Discipline Inspection and Supervision has successively issued normative documents such as the Interim Measures for Consultation and Demonstration of Cases of Job-related Crimes, and the Measures for Strengthening Communication and Coordination in Cases of Job-related Crimes (for Trial Implementation), and organized procuratorial experts to hold seven consultation and argumentation meetings to provide operational guarantees for the investigation and handling of cases of job-related crimes.
Make good use of high-quality case development training courses to promote discipline inspection and supervision cadres to continuously improve their case-handling ability, quality, and effectiveness
Case quality evaluation is an all-round political physical examination of the entire process of case handling, and is an important measure to ensure and improve the quality of cases. Discipline inspection and supervision organs in many places have taken the opportunity of strengthening case quality evaluation to select high-quality cases, highlighting political guidance, highlighting work priorities, highlighting systematic governance, and highlighting the effectiveness of case handling, to ensure the correct exercise of discipline and law enforcement powers.
In January this year, the third meeting of the Third Plenary Session of the Sixth Chongqing Municipal Commission for Discipline Inspection specially notified the "Double Ten Best" high-quality cases and nominated cases of the city's discipline inspection and supervision system in 2023. This is the fifth consecutive year that the Chongqing Municipal Commission for Discipline Inspection and Supervision has organized and carried out the selection of "Top Ten Quality Cases for Supervision and Inspection" and "Top Ten Quality Cases for Review and Investigation". The Eighth Supervision and Inspection Office of the Chongqing Municipal Commission for Discipline Inspection and Supervision and the Discipline Inspection and Supervision Group of the Municipal Commission for Housing and Urban-Rural Development jointly handled 10 cases, including the case of violation of political discipline by Zhang and others of the Municipal Survey and Design Association, were rated as "Top Ten Quality Cases of Supervision and Inspection". The 10th Review and Investigation Office of the Chongqing Municipal Commission for Discipline Inspection and Supervision handled 10 cases, including the case of Ding Shilu, former secretary of the Party Committee and chairman of the Chongqing Three Gorges Bank, who seriously violated discipline and law, were rated as "Top Ten Excellent Cases for Review and Investigation".
After summarizing and refining the case trial room of the Chongqing Municipal Commission for Discipline Inspection and Supervision, some of the cases explored and optimized the ideas and concepts for investigating and dealing with new types of corruption, and issued work tips on the important and difficult issue of the attempted identification of "agent-holding" new types of corruption, which were used as an important reference for the handling of subsequent cases; in some cases, the criteria for determining the loss of the crime of dereliction of duty were explored, and the idea of determination was confirmed by the judicial organs; in some cases, the investigation of bribery and bribery was deepened, and a new model for recovering the improper interests of the bribe-giver was explored......
The Chongqing Municipal Commission for Discipline Inspection and Supervision has deepened the use of the selection results, giving full play to the political, typical, and exemplary role of high-quality cases, and distributing the characteristics and effects, experience and practices of high-quality cases to the city's discipline inspection and supervision system, and transforming them into professional training courses, so as to promote discipline inspection and supervision cadres to continuously improve their case-handling ability, quality, and effectiveness.
"Up to now, we have selected a total of 200 high-quality cases and nominated cases for the 'Double Ten Best', and the training courses cover violations of the 'six disciplines', mental problems in violation of the eight regulations of the central government, common crimes, etc. The responsible comrades of the relevant departments of the Chongqing Municipal Commission for Discipline Inspection and Supervision introduced that through training courses, "Fengzheng Bayu Learning Lecture Hall" and other methods, the case was analyzed in depth to provide reference for the unified application of discipline and law in the handling of similar cases.
In order to give full play to the exemplary and leading role of typical cases and advanced experience, the Shandong Provincial Commission for Discipline Inspection and Supervision organized and carried out the application and selection of special supervision innovation cases for the first time in the discipline inspection and supervision system of the province, selected 20 innovative cases, and continued to promote the concretization, precision and normalization of political supervision.
The Discipline Inspection Commission of Shandong Provincial Port Group has carried out special rectification of outstanding problems in the field of procurement based on "responsibility" and "governance"; the Discipline Inspection and Supervision Group of Shandong Provincial Commission for Discipline Inspection and Supervision in the Provincial Rural Credit Union has carried out special supervision on financial assistance to enterprises to help the high-quality development of the private economy; and the Leling Municipal Commission for Discipline Inspection and Supervision has focused on "micro-corruption" in the field of policy-based agricultural insurance and resolutely adhered to the bottom line of food security...... The 10 "high-quality cases" and 10 "typical cases" of special supervision and innovation selected this time cover the exploration and practice of political supervision by the provincial Commission for Discipline Inspection and Supervision, provincial state-owned enterprises, provincial undergraduate colleges and universities, and municipal and county (city, district) discipline inspection and supervision commissions.
Discipline inspection and supervision organs in many places have issued situational guiding cases to guide the majority of Party members and cadres to know discipline and law, know the boundaries, and abide by the bottom line
Discipline inspection and supervision organs at all levels have strengthened their awareness of cases and actively strengthened work on guiding case studies. While continuously improving the level of standardization, legalization, and regularization of discipline inspection and supervision work, discipline inspection and supervision organs in many places have accurately grasped the gist of discipline enforcement, the qualitative basis for discipline measurement, and the application of policies and strategies, and issued situational guiding cases to guide the majority of Party members and cadres to know discipline and law, clear boundaries, and abide by the bottom line.
"We will further optimize and upgrade the three online service platforms of 'enterprise call me', 'enjoy without application' and 'do one thing efficiently', so as to provide more convenient conditions for the reflection and resolution of enterprise demands...... "On March 9, the relevant leaders of the Jian'ou Municipal Government of Fujian Province were invited to participate in the 2024 Strategic Cooperation and Development Conference held by an enterprise, and introduced the relevant policies of Jian'ou City to the upstream and downstream enterprises participating in the meeting.
In fact, when he received some invitations to participate in similar activities, the relevant leader of the city government had been apprehensive. There is not only one cadre who has such concerns.
In order to answer the problems of "not being able to grasp the boundaries and not daring to be in touch" in political and business exchanges, the Fujian Provincial Commission for Discipline Inspection and Supervision, based on its functions and responsibilities, has widely solicited specific situations that are not easy to grasp in political and business exchanges through on-the-spot visits, commissioned research, questionnaire surveys, etc., and researched and formulated the "Opinions on Regulating Political and Business Exchanges and Promoting the Comprehensive Construction of Pro-Qing Political and Business Relations" and guiding cases.
The "Opinions" focus on clarifying the principled attitude, guiding public officials, especially leading cadres, to openly and sincerely contact and interact with private entrepreneurs, take the initiative to act, serve in the front, be strict with themselves, and keep the bottom line; I want to do things and I am afraid of making mistakes" and "I want to serve for fear of being misunderstood".
"Guiding Cases are interpreted in the framework of 'Interaction Situation' and 'Discipline and Law Analysis', providing concrete guidance for regulating interaction behavior. In the 'interaction situation', the practical confusion that cadres are generally concerned about is incorporated into the case situation, and in the 'discipline and law evaluation', the appropriateness of the behavior is evaluated, and it is extended and expanded, and the appropriate handling methods and precautions are clarified. The responsible comrades of the relevant departments of the Fujian Provincial Commission for Discipline Inspection and Supervision introduced that on the one hand, promote party organizations at all levels to conscientiously fulfill their main responsibilities, educate and guide cadres to correctly grasp the concept and method, let go of their hands and feet to serve enterprises, and jointly create a first-class business environment. On the other hand, organize discipline inspection and supervision organs throughout the province to earnestly study, thoroughly understand the connotation and essence of the "Opinions" and guiding cases, and improve their ability to accurately supervise discipline enforcement and use policies and strategies.
The Nanping Municipal Commission for Discipline Inspection and Supervision of Fujian Province regards the study of the "Opinions" and guiding cases as an important starting point for supervising and optimizing the business environment, and promotes all levels and departments to conscientiously organize study through exchanges and discussions, further clarifying the boundaries of discipline and law, and clarifying misunderstandings.
Combined with the special rectification of outstanding problems of non-responsibility and inaction in the province, the Hubei Provincial Commission for Discipline Inspection and Supervision selected and compiled typical cases of fault tolerance and correction, and used cases to explain discipline, explain the law, and reason with cases, guide precise discipline enforcement and law enforcement, better protect reformers, encourage explorers, tolerate mistakes, and correct deviations, and stimulate the enthusiasm, initiative, and creativity of cadres and officials to start a business.
One of the innovative cases of Hainan Free Trade Port system (integration) is that the Hainan Provincial Commission for Discipline Inspection and Supervision and the Organization Department of the Provincial Party Committee established a "four-in-one" incentive cadres to take responsibility as a series of typical cases. Hainan Province has clarified the basis of discipline and law, grasped the application of discipline and law, and paid attention to the organic unity of political effect, discipline and law effect, and social effect through the method of "one case one analysis" and "one case one comment", providing specific case guidance and clear work compliance for party organizations at all levels in the province. (China Discipline Inspection and Supervision Daily)