In recent years, disciplinary inspection and supervision agencies across the country have cooperated with public security departments to actively and steadily handle some cases of drunk driving and drunk driving among party members and cadres, and have achieved good political, disciplinary and social effects.
However, in practice, there are problems such as inadequate procedures and improper handling in the process of imposing party disciplinary sanctions on party members who drive while drunk based on administrative penalty decisions.
Based on the practice of handling cases, the author will talk about a few experiences on related issues.
The procedure of filing a case should be avoided mechanization.
According to Article 12 of the "Regulations on Case Inspection of the Disciplinary Inspection Organs of the Communist Party of China": "The task of preliminary verification is to understand whether the main problem reflected exists, and to provide a basis for filing a case." In practice, the public security organ penalizes traffic violations. During the behavior, if party members are found to be drunk driving or drunk driving, they will promptly notify the supervisory committee of the Disciplinary Committee at the same level.
Public security organs and judicial organs implement quick investigation and handling of drunk driving and drunk driving cases, with strict time limit requirements for handling cases, and the evidence chain of such cases is relatively clear and objective.
Therefore, when the public security agency makes an administrative penalty decision on a party member and cadre who is drunk driving and drunk driving, it is determined that the party member and cadre has an illegal act, and no other clues to the violation of discipline or law are found to be verified, the disciplinary inspection and supervision agency may be subject to the supervision and inspection department without going through the preliminary verification process. Directly go through the formalities for filing and review, and after verification, give party disciplinary sanctions or organize handling in accordance with regulations.
This can greatly save case handling resources and improve case handling efficiency.
It is necessary to avoid formalization in the verification work after the case is filed.
The second paragraph of Article 33 of the Regulations on Disciplinary Actions of the Communist Party of China stipulates: “Where party members are subject to political sanctions or administrative penalties in accordance with the law, they shall be held accountable for party discipline, the party organization may be based on the facts and nature of the effective government sanctions and administrative penalty decisions. After verification, the party disciplinary sanctions or organizational sanctions shall be given in accordance with regulations.” Therefore, when party disciplinary sanctions are given to party members who violate the law but do not involve crimes, the disciplinary inspection and supervision organs must go through certain verification procedures and cannot directly copy the administration without verification. The agency’s determination shall impose party disciplinary sanctions on party members.
In practice, relevant evidence materials should be collected for substantive review, mainly reviewing the facts, nature, circumstances of the administrative penalty decision and the person’s attitude towards the administrative penalty, including understanding whether there is any possible impact on the administrative reconsideration, administrative litigation, etc. Processing procedures and processing results.
In the review process, the habitual thinking of handling cases should be avoided.
In the process of giving party disciplinary sanctions to party members who are drunk driving and drunk driving according to the administrative penalty decision, the undertaking staff should not just discuss the matter and limit the issue of the person under review to drinking and driving. They should also increase their sensitivity in the review and focus on the “anterior cause” of the violation. Use the system-related way of thinking to dig out valuable clues.
During the review process, in addition to verifying the basic facts of the person being drunk, driving and drunk, the supervision tentacles should also be extended to the investigation and punishment of illegal eating and drinking, and timely understanding of the reasons for drinking, the location of the banquet, the information of the people involved in eating and drinking, the cost and the payment channel, etc. , In-depth check whether there are other violations of laws and regulations such as illegal reception of banquets, eating and drinking with public funds, etc. behind drunk driving and drunk driving.
For those that clearly constitute other violations of discipline and law, we insist on simultaneous review in accordance with discipline and law, and in-depth investigation.
Achieve to find together, investigate and deal with together, never tolerate.
The amount of record processing should be balanced.
In handling the case of drunk driving and drunk driving of party members and cadres, the author believes that in terms of specific measures, a relatively clear standard of consideration should be established for this type of case from three levels on the basis of a comprehensive grasp of the facts and circumstances: 1. Due to drinking If the driver is administratively punished or drunk driving, but the circumstances are obvious and minor and the case is not treated as a crime, the public security organ will give an administrative penalty, and it is generally more appropriate to give party disciplinary sanctions without causing bad consequences or impact.
2. After a party member is transferred to the public security organ for review and prosecution for drunk driving, if the procuratorial organ makes a relative non-prosecution and the court decides to exempt criminal punishment, in accordance with the provisions of Articles 27 and 31 of the Regulations on Disciplinary Actions of the Communist Party of China, It should be characterized as a suspected criminal act and severely punished by the party discipline.
In practice, generally, sanctions of higher than the level of revocation of internal party positions can be given.
3. A person who is sentenced to a penalty for drunk driving shall be expelled from the party in accordance with Article 32 of the "Chinese Communist Party Disciplinary Measures Regulations" under normal circumstances.
(Yu Miaoyan Yu Liang is the author unit: Zhejiang Zhoushan Municipal Commission for Discipline Inspection)