Observation丨Punish corruption in accordance with regulations and disciplines
The first public notification of the case analysis of a central management cadre who was punished by the application of the government sanctions law
Central Commission for Discipline Inspection and State Supervision Commission website Mu Zhendong
On July 28, the website of the State Supervision Commission of the Central Commission for Discipline Inspection announced that Zhang He, former member of the Standing Committee of the Provincial Party Committee and Vice Governor of Hebei Province, was expelled from the party for serious violations of discipline and law, and his retirement benefits were determined as a four-level investigator; his income from violations of discipline and law was collected . This is also the first case of a centrally-administered cadre who has been publicly notified of the sanctions imposed by the relevant provisions of the Administrative Sanctions Act since the implementation of the Administrative Sanctions Act on July 1 this year.
On April 29 this year, the website of the State Supervision Commission of the Central Commission for Discipline Inspection reported that Zhang He accepted the disciplinary review and supervision investigation of the State Supervision Commission of the Central Commission for Discipline Inspection. Three months later, the review and investigation found that Zhang He seriously violated the party’s organizational discipline, integrity and discipline and constituted a violation of the law. The nature was serious and the impact was bad, and should be dealt with seriously. Zhang He was investigated and punished when he retired nearly 10 years ago, once again confirming that no matter how long in the past, violations of discipline and law cannot escape the severe punishment of party discipline and state laws.
Similar to Zhang He, the central management cadres investigated after retirement included Chen Zhifeng, former deputy mayor of Tianjin, Xing Yun, former deputy director of the Standing Committee of the People’s Congress of the Inner Mongolia Autonomous Region, and Hu Huaibang, former chairman of the China Development Bank. This fully shows that retirement does not mean anything. For a safe landing, "adhere to no restricted areas, full coverage, zero tolerance, adhere to heavy containment, strong pressure, and long-term deterrence" is by no means empty words. The main tone of "strict" will continue for a long time.
Persist in punishing the past, treating illnesses and saving people, comprehensively considering factual evidence, ideological attitudes and discipline enforcement standards, seeking truth from facts, deepening the use of the "four forms", and handling each case in accordance with regulations and disciplines, which is an inevitable requirement for promoting the high-quality development of discipline inspection and supervision. The Party Disciplinary Punishment Regulations, Supervision Law, and Government Disciplinary Law all stipulate that voluntary surrenders and truthful accounts of violations of discipline and law can be provided for lighter punishments or suggestions for lenient punishments.
The Regulations on Party Disciplinary Punishment lists “punishing the past and the future, treating illnesses and saving people, and dealing with party organizations and party members that violate party discipline, should combine punishment with education, and achieve both leniency and strictness” as the party’s disciplinary work should adhere to a principle. The Law on Administrative Sanctions stipulates that the administrative sanctions imposed on public officials shall be based on facts and the law shall be the criterion. The administrative sanctions shall be commensurate with the nature, circumstances, and degree of harm of the illegal act. The sanctions shall be combined with punishment and education, with leniency and strictness. Zhang He was punished by “expulsion from the party and determination of retirement benefits according to the fourth-level investigator” because he “can take the initiative to explain the violations of discipline and law that the organization has not grasped, turn in all the proceeds of violations of discipline and law, and have a better attitude of admitting mistakes and repentance”. A concrete manifestation of punishing corruption in accordance with discipline and law.
Article 27 of the Government Sanctions Law stipulates that retired public officials who commit illegal acts before or after retirement shall no longer be given administrative sanctions, but they may be filed for investigation; if they should be demoted, removed, or expelled according to law, they shall According to the regulations, the treatment they enjoy shall be adjusted accordingly, and the property obtained in violation of the law and the property used in the illegal act shall be confiscated, recovered or ordered to be refunded by the supervisory organ, except for those that should be confiscated, recovered or ordered to be refunded according to law. The sanction notice against Zhang He contained expressions such as "determining retirement benefits according to four-level investigators" and "collecting his disciplinary and illegal income", which reflects the requirements of the applicable government sanctions law.
Corruption is the biggest threat facing our party. Standing at the historical intersection of the achievement of the "two centenary" goals, it will inevitably require that we continue to deepen the comprehensive and strict governance of the party and further consolidate the overwhelming victory of the anti-corruption struggle. Every party member and cadre must increase the self-consciousness in using power fairly, in accordance with the law, and in a clean and honest manner, stick to the original aspirations, never change their true colors, make selfless dedication, and move forward with determination. Disciplinary inspection and supervision agencies must persist in advancing together to avoid corruption, not to be corrupted, and not to want to be corrupted, to combine punishment and deterrence, institutional constraints, and awareness-raising, to implement the "three noes" requirements in all aspects of anti-corruption, and strive to achieve political results. , Disciplinary effect and social effect are unified.