China News Service, September 8th. According to the website of the State Supervision Commission of the Central Commission for Discipline Inspection, recently, the State Supervision Commission of the Central Commission for Discipline Inspection and the Central Organization Department, the Central United Front Work Department, the Central Political and Legal Commission, the Supreme People’s Court, and the Supreme People’s Procuratorate jointly issued the Opinions on Promoting the Joint Inspection of Bribery and Bribery", which makes arrangements for further promoting the joint investigation of bribery and bribery.
The "Opinions" pointed out that insisting on taking bribes and bribery together is an important decision and deployment made by the 19th National Congress of the Communist Party of China. It is an inevitable requirement for unswervingly deepening the anti-corruption struggle, advancing as one, not to be corrupt, not to be corrupt, or not to be corrupt. "Encircling hunting" and being willing to be "encircled hunting" is an effective way to break the chain of interests and to break the network of power and money transactions.
It is necessary to clearly understand that bribers' unscrupulous "hunting" of party members and cadres is an important reason why the current increase in corruption is still occurring, deeply grasp the political harm of bribery, and take multiple measures to improve the accuracy and effectiveness of combating bribery, and promote the realization of a sample of corruption problems. Kanji.
The "Opinions" pointed out that it is necessary to fully implement the spirit of the 19th National Congress of the Communist Party of China, adhere to the work requirements of the second, third, fourth, and fifth plenary sessions of the 19th Central Commission for Discipline Inspection, adhere to the centralized and unified leadership of the Party Central Committee on anti-corruption work; Seek progress in the process, be firm and stable, systematically implement governance, and treat both symptoms and root causes; adhere to seeking truth from facts, complying with regulations and laws, statutory crimes and punishments, no suspected crimes, full use of policies and strategies, integration of discipline, law and reason; adhere to no forbidden areas, full coverage, and zero tolerance , Insist on focusing on containment, strong pressure, and long-term deterrence, and insist on checking the acceptance of bribes and bribery together, so that the integration of those who dare not to be corrupted, cannot be corrupted, and does not want to be corrupted will have more institutional results and greater governance results.
The "Opinions" require that bribery be resolutely investigated and dealt with, focusing on multiple bribery, huge bribery, and bribery to many people, especially those who fail to stop after the 18th National Congress of the Communist Party of China; those who bribes by party members and state officials; important in the country Bribery in work, key projects, and major projects; bribery in the fields of organization of personnel, discipline, law enforcement, environmental protection, finance, safety production, food and medicine, disaster relief, pension and social security, education and medical care; implementation of major commercial bribery the behavior of.
The "Opinions" require that discipline inspection and supervision organs, judicial organs and procuratorial organs severely punish bribery in accordance with their functions and responsibilities.
Disciplinary inspection and supervision agencies must strictly perform their important duties of investigating and handling bribery in accordance with the law, and intensify the investigation and punishment of the briber involved in the investigation and handling of the case. Internal control and supervision mechanism.
Procuratorial organs and judicial organs must strictly determine the lenient circumstances and apply penalties for bribery crimes, and increase the use and enforcement of property penalties.
Discipline inspection and supervision organs, judicial organs, and procuratorial organs must earnestly perform their duties of recovering stolen goods and recovering damages, and try their best to recover illegal profits.
Regarding the illegal property interests obtained from bribery, they shall be confiscated, recovered or ordered to be refunded in accordance with the law; for illegal non-property interests obtained from bribery, such as job titles, political honors, business qualifications, academic degrees, etc., relevant units shall be urged to comply with regulations Correct it through cancellation, revocation, change and other measures.
The "Opinions" emphasized that in the course of performing their duties, the discipline inspection and supervision organs, the judicial organs, and the procuratorial organs must not only severely punish bribery, but also fully protect the legal personal and property rights of the persons involved and the enterprise, and guarantee the legal operation of the enterprise.
Strictly grasp the application of relevant measures, and use measures that restrict personal rights and property rights in accordance with the law. It is strictly forbidden to abuse such measures as lien, search, technical investigation, exit restriction, detention, and arrest. property.
It is necessary to fully study and judge the consequences of using case-handling measures, and minimize the impact of the measures on the legal and normal production and operation of the enterprise.
The "Opinions" also emphasized that the system and norms for punishing bribery should be improved, and that bribery and bribery should be investigated, standardized and governed by law.
By issuing guiding documents or cases, guide discipline inspection and supervision organs, judicial organs, and procuratorial organs to accurately apply laws and control policies in handling bribery cases, and to balance similar cases.
Disciplinary inspection and supervision agencies should establish a joint punishment mechanism for bribers with people's congress agencies, CPPCC agencies, organizational personnel departments, united front departments, law enforcement agencies, etc., to improve the overall effectiveness of bribery control.
It is necessary to organize and carry out research on issues such as market access and qualification restrictions for bribers, and explore the implementation of a "blacklist" system for bribers.
It is necessary to intensify the publicity of investigating and handling bribery, report and expose typical cases, carry out in-depth warning education, demonstrate the firm determination to zero tolerance for bribery, and advocate the concept of integrity and law-abiding throughout the society.
The person in charge of the Case Supervision and Management Office of the State Supervision and Administration Commission of the Central Commission for Discipline Inspection responded to a reporter from the China Discipline Inspection and Supervision News on the "Opinions on Further Promoting the Inspection of Bribery and Bribery"
Recently, the National Supervision Commission of the Central Commission for Discipline Inspection and the Organization Department of the Central Committee, the Central United Front Work Department, the Central Political and Legal Affairs Commission, the Supreme People’s Court, and the Supreme People’s Procuratorate jointly issued the "Opinions on Further Promoting Bribery and Bribery Investigations."
The person in charge of the Case Supervision and Management Office of the State Supervision Commission of the Central Commission for Discipline Inspection answered questions from reporters from the China Discipline Inspection and Supervision News regarding the formulation of the "Opinions".
Question: Could you please introduce the background and significance of the formulation of the "Opinions".
Answer: The 19th National Congress of the Communist Party of China clearly stated that it is necessary to insist on no restricted areas, full coverage, zero tolerance, insist on heavy containment, strong pressure, long-term deterrence, and insist on bribery and bribery investigation together.
Each plenary session of the 19th Central Commission for Discipline Inspection has made arrangements for insisting on the investigation of bribery and bribery. Disciplinary inspection and supervision organs at all levels have strengthened the investigation and punishment of bribery while seriously investigating bribery cases, which has effectively promoted the overwhelming victory and comprehensiveness of the anti-corruption struggle. Consolidate.
But at the same time, we must be soberly aware that the current struggle for corrosion and anti-corrosion is still severe and complex. Bribery is the main source of bribery crimes. Bribery is not investigated, and bribery is not stopped. Therefore, we must insist on checking both bribery and bribery together.
The formulation and promulgation of the "Opinions" is to implement the decision and deployment of the Party Central Committee, to further promote the comprehensive and strict governance of the party, to unswervingly deepen the anti-corruption struggle, and to promote specific measures that dare not, cannot, or do not want to be corrupt. It is of great significance to optimize the business environment, achieve both symptoms and root causes of corruption, and give full play to the leading and safeguarding role of strict governance of the party in an all-round way.
Question: How does the "Opinions" grasp the focus of the investigation and punishment of bribery?
Answer: Judging from the investigation and handling of cases in recent years, the phenomenon of huge bribery and multiple bribery is prominent in some fields. Some bribers try their best to corrode and accurately "hunt" public officials in order to seek their own interests. This is subjectively vicious and the consequences are serious.
The "Opinions" clarified five key points for investigating and punishing bribery.
The first is the repeated bribery, huge bribery, and bribery to many people, especially those who did not stop after the 18th National Congress of the Communist Party of China.
This type of briber often uses bribery as the main means to seek illegitimate benefits, which will cause greater damage to the political ecology, legal environment, business environment, and market rules. If they are not investigated and dealt with seriously, bribery will become the norm and form bad currency. The "negative incentive" effect of expelling good coins.
The second is bribery by party members and state officials.
Party members and state functionaries should play an exemplary and leading role in observing discipline and law. Such persons who know discipline and violate laws must be seriously investigated and dealt with.
The third is bribery in important national work, key projects, and major projects.
Such acts of bribery not only disrupt the normal market economic order and directly cause huge economic losses to the country, but also endanger the national economic security and affect the overall work of the party and the country, and should be resolutely investigated and dealt with.
The fourth is bribery in the fields of personnel organization, discipline enforcement, judicial, ecological and environmental protection, finance, safety production, food and medicine, disaster relief, pension and social security, education and medical care.
This type of bribery disrupts the normal order of related fields and seriously affects the people's sense of happiness and security. It is necessary to intensify investigation and punishment to promote the resolution of the stubborn diseases in some industries.
Fifth, the implementation of major commercial bribery.
This is not only the implementation of the requirements of the United Nations Convention against Corruption, but also an important measure to comply with the voice of the majority of market players and create a fair competitive market environment.
Question: When dealing with bribers, how do the discipline inspection and supervision agencies grasp the policies?
Answer: The investigation of bribery and bribery shall be conducted in strict accordance with regulations and laws, insisting on seeking truth from facts, combining leniency and strictness to achieve the organic unity of political effects, disciplinary effects, and social effects.
The investigation of bribery and bribery together does not mean equal treatment. Disciplinary, legal, administrative, economic and other means must be used in a coordinated manner to implement comprehensive policies and deal with them separately.
Disciplinary inspection and supervision agencies should consider not only the amount, frequency, and field of bribery, but also the subjective viciousness of the briber, the harmful consequences, the attitude of acknowledging mistakes and regrets, refunding compensation, and other factors, and making accurate proposals for handling. opinion.
For example, if a briber is suspected of committing a bribery crime and should be transferred to the judicial authority for criminal responsibility, it must be transferred to the judicial authority for handling.
If the relevant briber has voluntarily surrendered, sincerely repented and repented as required by law, actively cooperate with the investigation, truthfully confess illegal and criminal acts that the discipline inspection and supervision agency has not yet grasped, actively return the stolen money, reduce losses, perform major meritorious service, or the case involves major national interests, etc. In the case of leniency punishment, the discipline inspection and supervision organs put forward proposals for leniency punishment to the judicial organs in accordance with the law.
In addition, for bribers who may not be transferred to judicial organs in accordance with the law, the disciplinary inspection and supervision organs can comprehensively use party discipline and government sanctions or organize handling, criticize and educate, order repentance, or transfer to relevant units for administrative punishment, etc., for handling, allowing bribery People bear due responsibility for their bribery behavior.
The "Opinions" also clarified that the discipline inspection and supervision organs should further strengthen the internal control mechanism in the investigation and handling of bribery. The case handling department, the case supervision and management department, and the case trial department shall supervise and restrict each other in the handling of bribers to ensure supervision and enforcement of discipline and law enforcement. Right exercised.
Question: How do relevant units carry out joint punishment of bribers?
Answer: The "Opinions" emphasizes that all relevant agencies should perform their duties and responsibilities, strengthen cooperation and cooperation, and form a joint force for joint punishment of bribery.
Disciplinary inspection and supervision organs, in accordance with relevant regulations, for the briber involved in the investigation and handling of the case, other units shall make organizational handling, administrative penalties and qualification restrictions, etc., and shall provide the relevant units with information in a timely manner based on the identity of the briber.
If the briber is a market entity, according to the field involved in the bribery, the briber shall be notified to relevant units such as market supervision and management, development and reform, housing and urban-rural construction, financial supervision, judicial administration, etc., and the relevant unit shall deal with the briber in accordance with the laws and regulations in accordance with their duties and powers. .
The National Supervisory Commission of the Central Commission for Discipline Inspection is establishing a “blacklist” system for bribers, and is exploring and practicing joint punishment of bribers by discipline inspection and supervision agencies, people’s congress agencies, CPPCC agencies, organizational personnel departments, united front departments, law enforcement agencies, etc., to improve governance The overall effectiveness of bribery.
Question: How to protect the legitimate rights and interests of the persons and enterprises involved in the case?
Answer: Insist on taking bribes and paying bribes together will help create a healthy and benign social environment for economic development, build a fair and competitive market order and pro-clean political and business relations, and create a clean and upright social environment. This is powerful for the legitimate rights and interests of all types of enterprises. protect.
Disciplinary inspection and supervision organs at all levels should not only find out the problems in the process of performing their duties, but also protect the legal personal and property rights of the operators, and ensure the legal operation of the enterprise.
The "Opinions" emphasizes that discipline inspection and supervision agencies must strictly grasp the application of case-handling measures, and that measures that restrict personal and property rights must be used with caution in accordance with the law.
If the disciplinary inspection and supervision agency needs the actual controller of the relevant enterprise to cooperate in the investigation, it shall fully assess the impact on the normal operation of the enterprise, listen to and reasonably adopt the opinions of the cooperating investigators on the maintenance of the normal operation of the enterprise, and unblock the actual controller of the relevant enterprise, etc. During the period of cooperation with the investigation, the contact channels that ensure the normal operation of the enterprise will minimize the impact on the legal and normal production and operation of the enterprise.