China News Agency, Beijing, April 26: The draft law on public officials' administrative punishment was submitted to the National People's Congress Standing Committee for deliberation on the 26th. The second review of the draft further regulates and refines the procedures for administrative punishment, improves the system for listening to the respondent ’s statements and defenses, increases the time limit for handling administrative punishments, and improves the procedures, content and form of administrative punishment decisions.
The draft law on administrative punishment of public officials was first submitted to the Standing Committee of the National People's Congress for deliberation in August 2019, and was solicited opinions from the public in October of that year. The main contents include general rules, types and applications of administrative punishments, illegal acts and their applicable punishments, and administrative affairs. Disciplinary procedures, review, review, appeal and legal responsibility.
Some standing committee members, departments and localities proposed that the procedures for punishment of government affairs should be further standardized and refined. Accordingly, the second review draft of the draft improves the system for listening to the respondent's statements and defenses, and adds regulations that must not aggravate the government's punishment for the respondent's defense. Improve the decision-making process of government punishment, stipulate that after the end of the investigation, the supervisory organ should deal with it according to different situations. To perfect the content and form of the decision on administrative punishment, and stipulate that if a decision is made to give administrative punishment, a decision on administrative punishment shall be made. The second review draft also stipulates the content of the decision letter on administrative punishment.
The first draft of the previous draft stipulates that if a public official has two or more acts that should be punished, he shall be punished according to the highest punishment he should be subjected to in several illegal acts.
Some localities and the general public have suggested that the penalty should be increased according to the highest penalty, which violates the principle of punishment. The second review of the draft revised this to make it clear that public officials have committed more than two illegal acts, and they should determine the punishment for government affairs separately. If the types of administrative punishment should be given differently according to law, the heaviest administrative punishment should be executed; if the same type of administrative punishment should be removed from the office, the punishment should be executed, and it should be executed for more than one administrative punishment period and the sum of multiple administrative punishment periods In the following, the period of administrative punishment shall be determined, but the maximum period shall not exceed 48 months.
In order to protect public officials from performing their duties according to law, the draft also made it clear that public officials performing their duties according to law are protected by law, and that public officials are not subject to administrative sanctions for reasons other than statutory reasons or procedures. (Finish)