Business Classroom | How to identify and deal with the behaviors of making things difficult for the masses in the field of rural revitalization and taking cards in accordance with the "Regulations"?

Honest Xi'an, you and I go together

The newly revised Regulations on Disciplinary Sanctions of the Communist Party of China (hereinafter referred to as the "Regulations") implement the major decisions and deployments of the Party Central Committee on the implementation of the rural revitalization strategy, keep pace with the times, and adjust the expression of acts infringing on the interests of the masses in the field of "poverty alleviation" in Article 122 as acts infringing on the interests of the masses in the field of "rural revitalization", which are still provided as aggravating or aggravating circumstances. To accurately identify and handle the conduct, the following aspects should be emphasized.

Understand the implications of the provisions. Making things difficult for the masses mainly refers to Party members and public employees turning a blind eye to matters that should be handled for the masses for a long time or deliberately delaying them, trying by all means to create problems and set up obstacles, so that matters that could have been handled smoothly in accordance with the prescribed procedures and conditions cannot be completed. Eating and taking cards is usually aimed at the image portrayal of party members and public officials who use their positions to facilitate the use of their positions to solicit benefits from management service recipients in the process of performing their duties. "Eating" is mainly greedy for pleasure and accepting banquets provided by management service objects; "Taking" generally means borrowing the management power and law enforcement power in the hands to forcibly take the goods of the masses; "Wanting" is usually taking the opportunity of handling affairs involving the masses to ask for property from the management service object by taking the initiative to make requests, hinting in private, etc.; The "card" is to use the convenience of the position to deliberately make it difficult to manage the service objects and create obstacles for the masses who come to do things. In the process of serving the masses, these behaviors of "making stumbling blocks," "reaping oil and water," and "taking advantages" completely deviate from the fundamental purpose of serving the people wholeheartedly, and in essence regard the duty of serving the masses as the privilege of managing the masses, and take the opportunity to abuse power for personal gain and harm the interests of the masses, and must be seriously dealt with.

Distinguish between the conduct of the masses and the violation of work discipline such as improper performance of duties. Mass discipline focuses on maintaining the relationship between the party and the masses and between cadres and the masses, and violations of mass discipline essentially infringe upon the flesh-and-blood ties between the party and the masses. Work discipline focuses on ensuring the smooth progress of the party's work, and violations of work discipline essentially infringe on the normal order of all work. The key to accurately distinguishing between the two is to look at the circumstances of the object of the violation, and comprehensively consider factors such as subjective motives, objective manifestations, common areas, and consequences or impacts. For example, after Yan Mou, director of the new rural construction office of a certain city, was rejected by introducing the construction team to a certain village, he deliberately did not fulfill the obligation of one-time notification when reviewing the application materials for the relevant rural revitalization construction project, causing the villager representatives to go back and forth several times, and failing to allocate funds on schedule for a long time, causing a bad impact among the masses. This case is an act that infringes on the interests of the masses in the field of people's livelihood, and it is necessary to adhere to the people's position to study, judge and analyze, and accurately grasp the essence of the problem. From the perspective of subjective motives, Yan has a weak sense of purpose, is numb and perfunctory to the demands of the masses, and does not take the well-being of the masses to heart. Judging from the characteristics of his behavior, Yan disregarded the interests of the masses in the process of performing his duties, not only did not solve problems for the masses in accordance with policies and regulations, but instead used his position to facilitate the use of power for personal gain. From the perspective of the consequences, Yan's chaotic actions led to the obstruction of the normal progress of the rural revitalization construction project, which not only delayed the work, but also infringed on the interests of the masses, hurt the feelings of the masses, seriously damaged the relationship between the party and the masses, and damaged the image and credibility of the party and the government. Therefore, Yan's conduct should be found to be a violation of mass discipline, and article 122 of the "Regulations" should be applied to deal with it, which can better reflect the unity of punishment and educational effects.

Grasp the boundaries between disciplinary violations and illegal and criminal acts. Party members and cadres who use their authority to take advantage of their authority when handling affairs involving the masses shall be investigated for criminal responsibility in accordance with the law for the crime of accepting bribes if the amount of property demanded is relatively large and reaches the amount of the crime. It should be noted that, according to relevant regulations, if the amount of bribes accepted is more than 10,000 yuan but less than 30,000 yuan, and there are circumstances of soliciting bribes multiple times, it shall be recognized as "other more serious circumstances" as stipulated in the Criminal Law of the People's Republic of China, and a fixed-term imprisonment of not more than three years or criminal detention shall be sentenced to a fine in accordance with law. In practice, eating and taking cards may involve a large number of people, and in the course of handling a specific case, it is necessary to determine whether there are corresponding circumstances based on the specific circumstances of the case, accurately characterize the facts of the case, and accurately apply the "four forms" to deal with it. For example, Zhu, a full-time member of a township disabled persons' federation, took advantage of his position to ask for a total of 25,000 yuan from a number of disabled people and their families more than 10 times in the process of handling special subsidy funds such as supporting the development and production projects of rural disabled persons. In addition, Zhu also made wanton accusations and brutal insults to other people who did not give him benefits, and deliberately made it difficult in handling special subsidies. In the process of handling, considering that although the amount involved in Zhu's case was less than 30,000 yuan, he had multiple aggravating circumstances such as soliciting bribes and caused a bad impact, after deliberation at the meeting of the Standing Committee of the Local Commission for Discipline Inspection, it was decided to expel Zhu from the party and transfer his suspected crime to the procuratorate for review and prosecution in accordance with law.

Other issues to be aware of. First, attention should be paid to determining that the spirit of the eight central regulations has been violated. The "Opinions on Implementing the Spirit of General Secretary Xi Jinping's Important Instructions and Focusing on Rectifying Formalism and Bureaucracy" issued by the General Office of the Central Commission for Discipline Inspection has made it clear that in terms of contacting and serving the masses, the focus is on rectifying problems such as disregard for the interests and sufferings of the masses that are strongly reflected by the masses, and prevarication and coldness to the reasonable demands of the masses. It is necessary to judge in essence whether the behavior of Party members and cadres who ignore and infringe on the interests of the masses when handling affairs involving the masses is an act that violates the interests of the masses by Party members and cadres, and if it conforms to the characteristics of formalism and bureaucracy, it can be found to be a violation of the spirit of the eight provisions of the Central Committee. The second is to pay attention to the matching of party discipline and government affairs. Article 38, paragraph 1 (2) of the "People's Republic of China Law on Governmental Sanctions for Public Employees" (hereinafter referred to as the "Governmental Sanctions Law") also stipulates that public employees must not deliberately make things difficult or take advantage of them in management service activities. When Party members and public employees have the conduct described above and simultaneously violate the "Governmental Sanctions Law", the "Governmental Sanctions Law" may be applied concurrently to give them governmental sanctions. The third is to pay attention to the disposal of assets involved in the case. If the property obtained from the violation of discipline is confiscated, the vital interests of the masses cannot be effectively protected, nor can the goal of rebuilding the relationship between the party and the masses and between the cadres and the masses be achieved. Therefore, in the course of handling cases, great importance should be attached to the disposition of assets involved in the case, and the relevant assets should be promptly returned to the public in accordance with regulations.

Source: China Discipline Inspection and Supervision Magazine

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