Passed by the Public Officers Administrative Division
Provide legal basis for supervisory organs to implement administrative sanctions
News from this (Reporter Qu Peng) On June 20, the 19th meeting of the Standing Committee of the 13th National People's Congress voted to pass the law on public officials' administrative punishment. Since the founding of the People's Republic of China, the first national law to comprehensively regulate the disciplinary system for public officials was born.
The enactment of the law on administrative punishment of public officials is an important measure to ensure that the supervisory organs exercise the power of administrative punishment according to law and improve the national inspection system. Previously, the provisions on the situation, applicable rules, procedures and other aspects of the disposal of public officials were scattered in the Civil Service Law, Judge Law, Prosecutor Law, Administrative Organ Civil Service Discipline Regulations, Interim Provisions for the Disposal of Staff in Public Institutions, etc. Uniform regulations restrict the standardization of punishment. The promulgation of the law on administrative punishment of public officials has changed the situation in which the punishment standards are not uniform, which is conducive to enhancing the level of legalization and standardization of administrative punishment.
"The Supervision Law stipulates in principle the system of administrative punishment, and does not make specific provisions on illegal acts that should be given administrative punishment, the applicable rules and procedures for administrative punishment, etc. Therefore, it is necessary to establish and improve public officials according to the nature and characteristics of national inspection The administrative punishment system provides a legal basis for supervisory organs to make administrative punishment." The person in charge of the National Law Office of the Legal Work Committee of the Standing Committee of the National People's Congress told reporters.
There are 7 chapters and 68 articles in the Public Affairs Administrative Discipline Law, which clearly stipulate the applicable objects and basic principles, the types of administrative disposition and the applicable rules, the public officials’ illegal acts and their applicable sanctions, and the procedures for the administrative sanctions. While comprehensively and systematically regulating the system of administrative sanctions, the Act also clarified that Chapters 2 and 3 are applicable to the appointment and removal of public officials and units to punish illegal public officials, further improving the management of civil servants and state-owned enterprises and institutions Disciplinary system for personnel and other public officials.
From the perspective of the relevant person in charge of the National Law Office of the Legal Work Committee of the National People’s Congress, the Public Affairs Administrative Discipline Law clearly regulates the supervisory responsibilities of the supervisory organs and the main responsibilities of the appointment and dismissal organs and units in the form of laws, and realizes the administrative punishment and punishment. The full coverage of disciplinary actions against public officials who have committed illegal acts is conducive to the supervision organs, appointment and dismissal organs, and units to clarify their respective functions, strengthen their responsibility, perform their corresponding duties according to law, and improve the pertinence and effectiveness of management and supervision.
As an important law in the national supervision system, the Public Officers Administrative Discipline Act implements the requirements for full coverage of supervision, comprehensively incorporates statutory objects into the scope of political punishment, and incorporates the disciplinary punishment of party members in the Party’s regulations such as the CPC’s Disciplinary Discipline Regulations. As well as the provisions of laws, administrative regulations and rules concerning civil servants’ law, administrative organs’ civil servants’ punishment and other laws, administrative regulations and rules, they shall be enriched and improved, and clarify the illegal punishments that should be given to administrative affair, the applicable rules and procedures for administrative punishment, etc. To match government disciplinary action with party disciplinary action, link criminal punishment, and build a strict legal network for disciplinary violations.
According to the Public Service Administrative Disciplinary Act, public officials who have committed violations of duty will be punished according to the severity of the circumstances, and those with minor circumstances may be reminded of conversations, criticized and educated, ordered to be inspected, or exhorted. Early on catching up with small ones and preventing them from getting rid of them gradually will change the situation of being "good comrades" or "prisoners".
The enactment of the law on government officials' disciplinary action is conducive to the in-depth implementation of the Party Central Committee's decision to deepen the reform of the national supervisory system, further improve the supervisory system, standardize the government's disciplinary activities, strengthen the supervision of all public officials who exercise public power, and promote the national governance system And modernize governance capabilities. On the basis of the preliminary work, in August 2019 and April this year, the twelfth meeting and the seventeenth meeting of the Standing Committee of the 13th National People's Congress conducted a preliminary review and a second review of the draft, respectively. The third meeting was reviewed and voted.