Establish a strict legal network for disciplinary violations
Interpretation of the Public Affairs Administrative Punishment Law
□ Reporter Zhu Ningning
On June 20, the Nineteenth Session of the Standing Committee of the 13th National People's Congress voted and passed the Law on Punishment of Public Officials. This is the first national law since the founding of the People's Republic of China that comprehensively regulated the public officials' disciplinary system. It has achieved the unification of different public officials' disciplinary standards, and it is also an important law to improve the national supervision system after the supervision law.
"The Law on Administrative Discipline of Public Officials is an important part of the party and state supervision system. This law converts the content related to public officials in the party’s disciplinary requirements into the legal obligations of public officials, realizes the connection between party discipline and law, and exerts party discipline and law. The synergistic effect is of great significance for promoting the standardization and legalization of government punishment, achieving comprehensive and strict governance of party officials, and promoting the modernization of the national governance system and governance capabilities." Tong Weidong, director of the National Law Office of the Legal Work Committee of the NPC Standing Committee, said .
Specific and comprehensive system to standardize the system of government punishment
Administrative punishment is a punishment given by the supervisory organs to public officials who violate the law, and it is a new system stipulated by the supervisory law. The Supervision Law stipulates in principle the punishment of government affairs. However, it is unclear which actions of public officials should be punished for government affairs, what kind of government punishment should be given, and what procedure should be given to government affairs.
After the implementation of the Supervision Law, the National Supervisory Commission formulated the "Interim Provisions on Public Officials' Disciplinary Actions", which stipulates the basis and procedures for administrative punishments, and is a transitional norm for implementing administrative punishments.
"The administrative punishment is related to the vital interests of public officials and has an important impact on public officials. It needs to be stipulated by law." According to Tong Weidong, the law on administrative punishment of public officials refers to the current regulations on civil servants, staff of public institutions, and party disciplines. Practical experience has made specific provisions on the principles, types, applicable rules, violations of public officials and the administrative sanctions, procedures for administrative sanctions, and remedies procedures for dissatisfied with the administrative sanctions, and comprehensively and systematically regulated The administrative punishment system provides a legal basis for supervisory organs to implement administrative punishment.
At the same time, the Law clearly stipulates that public officials' appointment and dismissal organs and units will punish illegal public officials, and the provisions of Chapters 2 and 3 on categories, applicable rules, public officials' illegal acts and applicable administrative punishments are further improved. , The punishment system for management personnel of state-owned enterprises and institutions.
Administrative punishment and punishment system are divided and merged, not incompatible
The punishment of public officials is both punished by government affairs and punished. How to deal with the relationship between the two is an important issue in the process of formulating the law on administrative punishment of public officials.
"In the Public Service Administrative Discipline Act, there is a combination of administrative disposition and disciplinary system, and there is no contradiction." To this, Tong Weidong made a specific analysis-
The so-called "joint", first of all, in the scope of application, to achieve full coverage of public officials. Second, unification is achieved in violation of the law. In addition, the two are unified in terms of types and applicable rules. "Of course, if there are special provisions or new provisions in other laws, the supervisory organs and the appointment and removal organs and units of public officials can be applied." Tong Weidong said.
The so-called "point" is reflected in three aspects: First, it refers to the name. The punishment made by the supervisory authority is called government punishment, and the punishment made by the public officials' appointment and removal organs and units is called punishment. The second is that the supervisory organs and the public office appointment and dismissal organs and units shall give government officials disciplinary sanctions and punishments for illegal public officials in accordance with their management authority. However, the same violations of public officials shall not be given government punishments and sanctions repeatedly. The law on administrative punishment of public officials stipulates that if the supervisory organ finds that the appointment and dismissal of public officials or units should give punishment without giving it, or if the punishment given is illegal or improper, it shall promptly put forward supervision suggestions. Thirdly, the administrative punishment and the procedures and remedies are different.
Implement the requirements of full coverage and deepen the reform of supervision system
"The promulgation of the law on administrative punishment of public officials has changed the situation of inconsistent punishment standards, which is conducive to improving the level of legalization and standardization of administrative punishment." Zou Kaihong, director of the Regulation Office of the National Supervision Commission of the Central Discipline Inspection Commission, said that the law will target statutory supervision objects Fully included in the scope of punishment, make the punishment of government affairs match the punishment of party discipline, link criminal punishment, and build a strict legal network for punishing illegal duties.
The Public Officers Administrative Disciplinary Act further clarifies the main responsibilities of the public officials' appointment and dismissal agencies and units and the supervisory responsibilities of the supervisory organs, strengthens daily supervision, and punishes public officials who have committed violations of their duties according to the severity of the circumstances. Conduct conversation reminders, criticize education, order inspections, or exhort them. "Changed the past situation of being either "good comrades" or "prisoners", which is conducive to the realization of catching early and catching small children and preventing gradual progress, promoting the majority of public officials to perform their duties in accordance with the law, upholding public rights, pursuing political affairs, adhering to moral ethics, and building A team of loyal and clean public officials." Zou Kaihong said.
Regarding the applicable rules for administrative punishment, the law on administrative punishment of public officials conforms to the new requirements of the full coverage of administrative punishment. It not only stipulates the common rules applicable to all public officials, but also stipulates the consequences of punishment for different types of public officials. , And strive to truly give full play to the disciplinary role of disciplinary action.
For all public officials, the Public Officials’ Administrative Discipline Act has made unified regulations in terms of joint liability for violating the law, easing or mitigating the circumstances, attaching importance to the circumstances, recovering illegal income, and automatically releasing the administrative punishment, and reflects the common strict requirements.
At the same time, for different types of public officials, according to their identities, occupations and other characteristics, they also made targeted provisions on the consequences of punishment to ensure the effectiveness of punishment.
Strengthen the protection of rights and promote the rule of law
It is worth noting that the Public Service Administrative Disciplinary Act regards “regulating administrative disposition” as an important legislative purpose.
The Fourth Plenary Session of the 19th CPC Central Committee decided to "ensure that the administrative, supervisory, judicial and procuratorial powers are properly exercised according to law and the legitimate rights and interests of citizens, legal persons and other organizations are guaranteed."
"The Public Service Administrative Disciplinary Act sets forth clear requirements for regulating the exercise of the power of administrative disposition and protecting the legal rights of public officials according to law." Zou Kaihong said in detail.
One is to clarify the basic principles of administrative punishment, adhere to the principle of party management of cadres, and collectively discuss and decide; adhere to equality before the law, based on facts, and take the law as the criterion, the nature, plot, and degree of harm given to administrative punishment and violations Quite; adhere to the combination of discipline and education, combining mercy with leniency.
The second is to stipulate that public officials shall be protected by law in performing their duties according to law, and shall not be subject to disciplinary sanctions for reasons other than statutory reasons or procedures.
The third is to stipulate that for the same illegal act of public officials, the supervisory organs and the organs and units for the appointment and dismissal of public officials shall not repeatedly punish and punish government affairs. This avoids repeated evaluation of the same illegal act, which is in line with the spirit of the rule of law without penalty.
Fourth, the special chapter stipulates the procedures for administrative punishment, emphasizing that the illegal collection of evidence is strictly prohibited. The facts found in the investigation and the basis for the proposed administrative punishment must be informed to the person under investigation in accordance with the law, to protect their rights to defend and apply for evasion, and to ensure the fair investigation of the case. Handling, the decision of government affairs punishment is clear and the law applied is correct.
Fifth, a special chapter elaborates the content of the review and review of the decision to dispose of the government affairs, and unblocks the channel of punishment. Emphasize that the legal responsibility of the supervisory organs and their staff for serious violations of the law should be seriously investigated, the supervisory organs should be promoted to strengthen supervision and management, seek truth from facts, strictly implement the administrative punishment in accordance with the law, and improve the level of standardization, rule of law, and specialization.