Build a "protection wall" for cadres in accordance with regulations and disciplines
The Central Commission for Discipline Inspection issued the opinion to do a good job in clarifying the report
□ Our reporter Chen Lei
□ News reporter Liu Ziwei
Recently, a clarification meeting on accusation of misreporting was held in Pu'er City, Yunnan Province. The Provincial Commission of Discipline Inspection of Yunnan Province clarified that the report to the mayor of Pu'er City Liu Yong was untrue.
In order to carry out the clarification of misreporting reports and accusations in accordance with regulations and disciplines, the National Commission for Discipline Inspection of the Central Commission for Discipline Inspection recently issued the "Opinions on Doing a Good Job in the clarification of misreporting reports", which stipulates the main principles, applicable situations, main methods and work requirements of the clarification work. .
Experts interviewed by a reporter from the Legal Daily believe that the Central Commission for Discipline Inspection issued the "Opinions on the Clarification of Accusations of Misreporting Reports", which is the implementation of national laws and internal party regulations, and for the serious investigation and punishment of the frame for the disciplinary inspection and supervision organs. Actions, clarifications and reports of misreporting provide important system to follow.
Improve the mechanism of clarification of misrepresentation
Protect the legitimate rights and interests of cadres
According to the website of the Central Commission for Discipline Inspection of the State Commission for Discipline Inspection, a real-time reporting clue to the mayor of Pu'er Liu Yong was sent to the Provincial Commission of Discipline Inspection of Yunnan Province some time ago.
After investigation, the problem reported was untrue. With the research and approval of the Yunnan Provincial Commission for Discipline Inspection and Provincial Commission of Supervision, the decision was made to settle and clarify the clues to the problem that Liu Yong reported.
On May 17, the staff of the Fifth Supervision and Inspection Office of the Provincial Commission of Discipline Inspection of the Yunnan Provincial Commission for Discipline Inspection gave face-to-face feedback to the whistleblowers.
The following day, the Yunnan Provincial Commission for Discipline Inspection held a clarification meeting in Puer City to clarify the misreporting complaints and clarify relevant issues on the spot. Liu Yong said that the clarification of the accusation of misreporting would allow him to remove his burden and eliminate his concerns.
On May 21, the Heilongjiang Provincial Commission for Discipline Inspection issued three typical cases of misreporting reports to clarify the names of cadres. It is one of the reports that clarified the misrepresentation of Jiang Junlin, deputy mayor of Mishan City, who ignored the interests of the masses.
According to the report, in November 2019, Jiang Junlin was reported to ignore the interests of the masses, and he did not deal with the situation where the reporter reported unreasonable housing prices and was beaten by the developer.
After investigation, in 2013, the Mishan City Housing Collection Office organized a house price evaluation for a plot. The evaluation agency was selected by more than half of the relocated households and was notarized by the Mishan City Notary Office. . In March 2014, the developer only had a verbal conflict with the whistleblower and his family, and did not beat the whistleblower.
According to the report, when the above situation occurred, the reporter Jiang Junlin had not yet worked in Mishan City. The report is not true and will be clarified.
In recent years, there have been a large number of cadres at all levels of discipline inspection and supervision organs who have clarified their correct names.
For example, from December 2018 to June 2019, Zhejiang Province publicly clarified the issue for a total of 1039 party cadres who had been misunderstood or falsely accused.
On May 20, the Central Commission for Discipline Inspection issued a message on its website that the Central Commission for Discipline Inspection issued the "Opinions on Doing a Good Job in the Clarification of Misreporting Reports". The main principles, applicable situations, main methods and work requirements for the clarification work Make regulations. For example, it is necessary to insist on hierarchical responsibility, who verifies who clarifies, and the disciplinary inspection and supervision organs at all levels carry out clarification work in accordance with the cadre management authority, and the undertaking department that handles the complaint is responsible for specific implementation.
Peng Xinlin, director of the International Anti-Corruption Education and Research Center of Beijing Normal University, told the Journal of Legal System that the Central Commission for Discipline Inspection's National Supervision Commission's move is to implement the national laws and regulations within the party, and to seriously investigate and punish the framed behavior and clarify the truth for the disciplinary inspection and supervision organs. Whistleblowing complaints provide important system to follow. This not only guarantees the supervisory right to report the accuser, but also can seriously investigate and prosecute false accusations.
In an interview with the Legal Daily, Zhuang Deshui, deputy director of the Integrity Research Center of Peking University, said that the National Discipline Inspection Commission of the Central Commission for Discipline Inspection issued the "Opinions on Doing a Good Job in Clarification of Accusation of Untrue Reporting", which means that the system of clarifying and correcting names for accused party members and cadres has been improved. And gradually embark on a standardized track. On the one hand, it is conducive to serious political life within the party and purify the political ecology within the party; on the other hand, it is conducive to building a "protection wall" for cadres in accordance with regulations and disciplines, boosting the confidence and morale of party members and leading cadres, and committing themselves to reform and innovation cause.
Falsely accused of being a tributary
Seriously affect the political ecology
Since the 18th National Congress of the Communist Party of China, disciplinary inspection and supervision organs throughout the country have not only "beating tigers and flapping flies", but also clarified the names of cadres who have been falsely reported or even falsely accused.
In March 2016, the China Discipline Inspection and Supervision News reported that in 2015, Sichuan Province clarified the name of 5,425 party cadres.
Also in 2015, the discipline inspection and supervision authorities at all levels in Guangdong Province clarified the problem for 10,766 party member cadres who were falsely accused.
The disciplinary inspection and supervision organs also focused on publicly reporting typical cases of falsely framed and retaliated against whistleblowers.
In July 2017, the Guangdong Provincial Commission for Discipline Inspection concentrated on reporting three typical cases of false frame.
The Guangdong Provincial Commission for Discipline Inspection reported that in September 2012, the Disciplinary Commission of Wuchuan City, Guangdong Province received a report from the masses, reflecting the fact that Zhang Huafang, the deputy director of the Zhenwen Land and Resources Office of the Wuchuan City Land and Resources Bureau, falsely framed the director of the Land and Resources Office, Chen.
After investigation, in July 2009, Zhang Huafang was appointed as the deputy director of the Zhenwen Institute of Land and Resources, and believed that Chen often gave him problems and obstacles in his work, which was in conflict with Chen. In November 2011, Zhang Huafang took a blank A4 paper with official seal from Chen's office, and forged a false receipt with others to falsely frame and frame Chen, intending to subject him to criminal prosecution.
In July 2014, Wuchuan City Commission for Discipline Inspection and Supervision Bureau granted Zhang Hua the expulsion of party membership and administrative expulsion, and transferred his suspected crime to the public security organ for handling according to law.
A reporter from Legal Daily searched the website of the Central Commission for Discipline Inspection's National Supervision Commission and found that since July 2017, the Central Commission for Discipline Inspection's website has published a total of dozens of typical cases that clarified false reports or falsely accused Party members and clarified the name of the party members.
Zhuang Deshui believes that this phenomenon is directly related to the current construction of party style and clean government and the fight against corruption, that is, disciplinary inspections and letters and visits are reported to be untrue, and some people even accused and framed party member leading cadres, causing some party member leading cadres to sweat and tear. Affect the grassroots political ecology.
In Peng Xinlin's view, there are indeed a few people with ulterior motives who deliberately fabricate "cue clues" and falsely accuse the party members and cadres. For example, on the eve of the new inspection, deliberately creating "black material", wantonly making rumors and defamation, Luo Zhi's charges, etc. These false accusations are framed or imprisoned by one's own self, or out of retaliation, or intentionally "to muddy the water", wasting supervision. Discipline law enforcement resources, polluting the political ecology.
However, Peng Xinlin believes that the framed cases of false accusations are representative, but they are only a tributary. At present, the order and the political ecology of the accusation are generally good. However, false reports and false accusations will not only cause party members and cadres to suffer grievances and damage their reputation, but also greatly damage the enthusiasm of the party members and cadres for entrepreneurship.
Peng Xinlin said that the "Opinions on Doing a Good Job in Clarification of Misreporting Reports" is not only a "top shot" for malicious reporters, but also "supports and encourages" those who are accused of being framed, which can effectively help the accused framers to put down their ideological burden and psychological burden. Dispel the worries about work, and pretend to be a secretary to start a business.
Special regulations issued in many places
Provide important practical support
In October 2016, the Sixth Plenary Session of the Eighteenth Central Committee of the Communist Party of China adopted the "Several Guidelines on Political Life in the Party under the New Situation", which stated that "Party organizations that report defamation, false accusation, and serious misreporting should be promptly notified by party organizations. Clarification and rectification."
The Sixth Plenary Session of the Eighteenth Central Committee of the Communist Party of China also adopted the "Regulations on the Internal Supervision of the Communist Party of China", which stipulates, "After investigation, if the target of the supervision has no misconduct, it shall be clarified and renamed. Insults, slander, and framing others in the name of supervision If the crime is committed, it shall be dealt with seriously; the suspected crime shall be transferred to the judicial organ for processing."
In May 2018, the Central Office issued the "Opinions on Further Encouraging the Masses of Cadres in the New Era and New Responsibilities", proposing to "seriously investigate and prosecute false accusations, and promptly clarify the names and eliminate concerns for cadres who have been misrepresented."
In March 2019, the "Notice on Resolving Outstanding Problems of Formalism and Reducing the Burden at the Grassroots Level" was specifically mentioned in the "General Rules for Discipline Inspection and Supervision Organs to Handle Whistleblower Complaints and Prosecutions, Guarantee Party Members’ Rights, and Promptly Clarify and Correct Names for Cadres, Serious Investigate and prosecute false accusations".
From Zhuang Deshui's point of view, it can be seen from the above context that the central government has paid attention to the serious harm of false reports and false accusations, and is working hard to impose severe penalties on false accusers by improving the internal party's laws and regulations to provide false accusations to party members who have been falsely accused. The cadres clarify their names and make them more upset, thus purifying the political ecology within the party.
At the same time, some places have introduced special regulations on this.
In October 2018, the Xinjiang Uygur Autonomous Region Commission for Discipline Inspection formulated and issued the "Implementation Measures for Clarification of Names for Misjudged Party Members and Cadres (Trial)".
Within the scope of Xinjiang, relevant departments should carefully analyze and judge the accusations and reporting clues that reflect the alleged violations of discipline and law by party members and cadres, and carefully screen the authenticity of the problems. After investigation and verification, if it is determined that a false accusation has been made, four methods are clarified to clarify the name of party cadres.
In December of the same year, the Guizhou Provincial Commission for Discipline Inspection issued the “Guiding Opinions on the Work of Clarification and Correction of Names”, which falsely accuses party members and cadres of clarifying the correct name, uses both discipline and law weapons, and severely investigates and prosecutes false accusations.
According to the "Legal Daily" reporter statistics, as of now, there have been more than 10 provinces (autonomous regions, municipalities) including Xinjiang, Guizhou, Zhejiang, Jilin, Heilongjiang, Hubei, etc. have issued reports at the first level to clarify the misrepresentation, and falsely accused the party members and cadres to clarify the name. 1. Relevant norms for handling false accusations and framed acts.
Zhuang Deshui believes that since 2018, before the National Discipline Inspection Commission of the Central Commission for Discipline Inspection issued the "Opinions on Doing a Good Job in Clarification of Misreporting Reports", many places have introduced corresponding special regulations while exploring how to clarify and correct their names. It laid the foundation for the new regulations issued by the Central Commission for Discipline Inspection, and to a certain extent, it also laid a solid foundation for the implementation of the system.
"The specific practice is explored by local people, and after accumulating mature experience, it will rise to the level of the national system." Zhuang Deshui said, "In this way, the central government's legal system will have more vitality and practical power, and the internal party's legal system will also Will be more perfect."
In Peng Xinlin's view, there are differences in the development level, political ecology, and cadre ranks of various regions. The local authorities set out to formulate relevant norms in advance and explore the clarification of misreporting and accusation complaints, which provided for the introduction of the "Opinions on Doing a Good Job in Clarification of Misreporting and Accusation Reports". Important practical support.