Promote accurate discipline enforcement and improve the quality of case handling capabilities
Give full play to the guiding role of typical cases
In order to accurately and effectively punish bribery crimes in accordance with the law and improve the comprehensive effectiveness of "investigating both bribery and bribery", the Hunan Provincial Supervisory Committee, the Provincial Higher People's Court, and the Provincial People's Procuratorate organized the selection and compilation of the second batch of 6 typical cases of bribery crimes; Jiangxi Provincial Commission for Discipline Inspection and Supervision , the Provincial Higher People's Court and the Provincial People's Procuratorate jointly issued four typical cases of bribery crimes for the first time... Since this year, discipline inspection and supervision agencies in many places have combined work practices and issued targeted guidance cases to promote precise discipline enforcement.
How do the Guiding Cases provide guidance for discipline inspection and supervision agencies to carry out supervision and law enforcement work in a precise and standardized manner? How can high-quality cases play a political, typical, and demonstrative role to improve case handling capabilities, quality, and effectiveness? The reporter conducted the interview.
Give full play to the guiding role of typical cases and accurately and effectively punish illegal crimes
At the end of 2023, the "Compilation of Guiding Cases on Discipline Enforcement by the Central Commission for Discipline Inspection and the National Supervisory Commission" was published. The book contains the first to third batch of guiding cases on discipline enforcement and law enforcement issued by the Central Commission for Discipline Inspection and the National Supervisory Commission from 2021 to 2022.
The reporter noticed that in 2021, the Case Trial Office of the Central Commission for Discipline Inspection and the National Supervisory Commission established a guiding case system for discipline enforcement and law enforcement, issued the "Working Methods on the Issuance of Guiding Cases (Trial)", and issued the first batch of guidance on discipline enforcement and law enforcement. It is clear that the disciplinary inspection and supervision agencies at all levels should refer to the guiding cases when handling similar cases and dealing with similar issues.
It is understood that the "Case Compilation" focuses on typical problems that violate the spirit of the eight central regulations, typical problems with prominent local reactions and strong public reactions, and issues identifying the nature of censorship by confrontational organizations. Provide clear guidance for standardizing supervision, discipline and law enforcement.
In April 2022, the National Supervisory Commission and the Supreme People's Procuratorate jointly released the first batch of five typical cases of bribery crimes. In March 2023, the Central Commission for Discipline Inspection, the State Supervisory Commission and the Supreme People's Procuratorate jointly released five typical cases of bribery crimes.
In practice, when disciplinary inspection and supervision agencies at all levels encounter similar problems, they effectively improve the accuracy of discipline enforcement and law enforcement by comparing them with guiding cases on the basis of adhering to the basic principle of seeking truth from facts and analyzing specific issues.
On March 31, 2024, the bribery case of Song Moumou, the former director of the Transportation Bureau of Jishou City, Hunan Province, was tried in the People's Court of Yongshun County, Hunan Province. The court found that Song Moumou took advantage of his position to seek benefits for seven units and individuals including Xiangxi Pacific Construction Co., Ltd., Zhang Moumou, and Yang Moumou in terms of project contracting and fund allocation.
Case handlers from the Yongshun County Commission for Discipline Inspection and Supervision told reporters that in May 2023, during the investigation of Song Moumou's case, it was discovered that Song Moumou was suspected of accepting a bribe from Guan Moumou, the person in charge of Xiangxi Pacific Construction Co., Ltd. However, the members of the task force were confused as to whether the bribery was committed by the co-culprit by an individual or by an organization.
Referring to the typical cases of bribery crimes released by the Central Commission for Discipline Inspection, the National Supervisory Commission and the Supreme People's Procuratorate, as well as two batches of 11 typical cases of bribery crimes released by the Hunan Provincial Supervision Commission and relevant departments, members of the task force analyzed the case against Song Moumou's suspected bribery behavior. Possible related bribery behavior. In the end, based on the handling of the "Hengyang Cheng Moumou Bribery Case" jointly issued by the Hunan Provincial Supervisory Committee and relevant departments, the task force, after careful study, believed that the bribery to Song Moumou was considered a unit bribery. Reviewing this case-handling experience that eliminated doubts and accurately characterized the case, the investigators believe that this is inseparable from the guiding role of typical cases.
"In the typical case of 'Wu Moujia's bribery and bribery case' jointly released by the Hunan Provincial Supervisory Committee and relevant departments, a new type of corruption problem emerged that 'the briber held the stolen money and stolen goods on his behalf', which is exactly the same as a bribery and bribery case we are investigating. ." A case handler from the Discipline Inspection and Supervision Commission of Hanshou County, Hunan Province told reporters that typical cases have intuitive guiding significance for the identification of completed or failed behaviors of persons involved in keeping bribes and stolen money, and played an important role in promoting the smooth investigation and handling of related cases.
By studying typical cases, the Hanshou County Commission for Discipline Inspection and Supervision has successively issued normative documents such as the Interim Measures for Consultation and Demonstration of Occupational Crime Cases, the Measures for Strengthening Communication and Cooperation in Occupational Crime Cases (for Trial Implementation), and organized 7 consultation and demonstration meetings with prosecutorial experts to provide a basis for investigation and handling. Provide business protection for job-related crime cases.
Make good use of quality case development training courses to promote discipline inspection and supervision cadres to continuously improve their case handling capabilities, quality and effectiveness
Case quality assessment is a comprehensive political examination of the entire process of case handling and an important measure to ensure and improve case quality. Discipline inspection and supervision agencies in many places have taken the opportunity to strengthen case quality evaluation to select high-quality cases, highlight political guidance, highlight work priorities, highlight systematic governance, and highlight case handling effects to ensure the correct exercise of disciplinary and law enforcement powers.
In January this year, the third meeting of the third plenary session of the Sixth Chongqing Municipal Commission for Discipline Inspection specially reported the "Double Ten Best" quality cases and nomination cases of the city's discipline inspection and supervision system in 2023. This is the fifth consecutive year that the Chongqing Municipal Commission for Discipline Inspection and Supervision has organized the selection of “Top Ten Quality Cases for Supervision and Inspection” and “Top Ten Quality Cases for Review and Investigation”. The 10 cases involving Zhang and others from the Municipal Survey and Design Association who violated political disciplines were jointly handled by the Eighth Supervision and Inspection Office of the Chongqing Municipal Commission for Discipline Inspection and the Discipline Inspection and Supervision Team of the Municipal Housing and Urban-Rural Development Commission, and were rated as "Top Ten Quality Cases in Supervision and Inspection". The 10 cases handled by the Tenth Review and Investigation Office of the Chongqing Municipal Commission for Discipline Inspection and Supervision, including the serious disciplinary and illegal case of Ding Shilu, the former party secretary and chairman of Chongqing Three Gorges Bank, were rated as "Top Ten Excellent Cases for Review and Investigation".
Among the "Double Ten Best" quality cases, some explore and optimize ideas for investigating and dealing with new types of corruption. After summarizing and refining the case trial room of the Chongqing Municipal Commission for Discipline Inspection and Supervision, the important and difficult issue of the attempted identification of new types of corruption of "agency holding type" has been formulated. Issue work tips as an important reference for the handling of subsequent cases; in some cases, the determination of loss standards for dereliction of duty crimes was explored, and the identification ideas were confirmed by judicial decisions; in some cases, during the investigation and handling, the investigation of bribery and bribery was deepened, and exploration was carried out to recover the briber's failure to pay. A new model of legitimate interests...
The Chongqing Municipal Commission for Discipline Inspection and Supervision will deepen the application of the selection results, give full play to the political, typical and demonstrative role of quality cases, disseminate the characteristic effects, experience and practices of quality cases to the city's discipline inspection and supervision system, and transform them into business training courses. Promote discipline inspection and supervision cadres to continuously improve their case handling capabilities, quality and effectiveness.
"So far, we have selected a total of 200 'Double Ten' quality cases and nominated cases. The training courses cover violations of the 'Six Disciplines', violations of the eight central regulations, mental problems, common crimes, etc." Chongqing Municipal Commission for Discipline Inspection and Supervision The responsible comrades of the relevant departments introduced that through training courses, "Fengzheng Bayu·Learning Lecture Hall" and other methods, the cases were analyzed in depth to provide reference for the application of unified discipline and law in handling similar cases.
In order to give full play to the demonstration and leading role of typical cases and advanced experience, the Shandong Provincial Commission for Discipline Inspection and Supervision organized the first special supervision innovation case application and selection activity in the province’s discipline inspection and supervision system, and selected 20 innovative cases to continue to promote concrete and accurate political supervision. ization and normalization.
Based on "responsibility" and "governance", the Discipline Inspection Commission of Shandong Provincial Port Group carries out special rectification of outstanding issues in the field of recruitment and procurement; the Discipline Inspection and Supervision Team of the Shandong Provincial Commission for Discipline Inspection and Supervision in the Provincial Rural Credit Union Cooperatives carries out special supervision of financial assistance to enterprises, helping High-quality development of the private economy; Leling Municipal Commission for Discipline Inspection and Supervision focuses on "micro-corruption" in the field of policy-based agricultural insurance and resolutely adheres to the bottom line of food security... The 10 special supervision innovation "quality cases" and 10 special supervisions selected this time Innovative "typical cases" cover the exploration and practice of political supervision by the institutions assigned by the Provincial Commission for Discipline Inspection and Supervision, provincial state-owned enterprises, provincial undergraduate university discipline inspection and supervision agencies, and municipal, county (city, district) Discipline Inspection and Supervision Commissions.
Discipline inspection and supervision agencies in many places have issued situational guidance cases to guide party members and cadres to know disciplines and laws, clarify boundaries, and abide by the bottom line.
Discipline inspection and supervision agencies at all levels have enhanced case awareness and proactively strengthened guiding case studies. While continuously improving the standardization, rule of law, and formalization of discipline inspection and supervision work, discipline inspection and supervision agencies in many places have accurately grasped the key points of discipline enforcement, qualitative and quantitative basis, and application of policies and strategies, and issued situational guidance cases to guide party members and cadres to understand discipline Follow the law, clarify boundaries, and stick to the bottom line.
"The three major online service platforms of 'Enterprise Call Me', 'Enjoy Without Application' and 'Efficiently Get One Thing' will be further optimized and upgraded to provide more convenient conditions for the reflection and resolution of corporate demands..." On March 9, Relevant leaders of the Jianou Municipal Government of Fujian Province were invited to participate in the 2024 Strategic Cooperation Development Conference held by a company, and introduced in detail Jianou City's policies to support and benefit enterprises to the participating upstream and downstream companies.
In fact, when receiving invitations to participate in similar activities before, the relevant leader of the municipal government has always been worried. There is not only one cadre who has such concerns.
In order to answer the existing problems in political and business interactions, such as "the boundary cannot be grasped accurately and you dare not kiss", the Fujian Provincial Commission for Discipline Inspection and Supervision, based on its functions and responsibilities, targets party and government cadres and private entrepreneurs through on-site visits, commissioned surveys, questionnaire surveys, etc. Collect specific situations that are difficult to grasp in political and business interactions, and study and formulate the "Opinions on Regulating the Behavior of Political and Business Exchanges to Promote the Comprehensive Construction of Pro-Qing Government-Business Relations" and guiding cases.
The "Opinions" focus on clarifying principles and attitudes, guiding public officials, especially leading cadres, to have frank and sincere contacts with private entrepreneurs, take the initiative, serve from the front, be strict with themselves, and keep the bottom line; the 20 situational guidance cases focus on Clarify the fuzzy boundaries, and based on the rich scenarios collected through the survey, focus on five types of high-frequency scenarios such as government services, business activities, bidding and procurement, dining cars, and social interactions, and clarify "what can be done", "how should be done" and "what cannot be done" "Being" allows cadres to eliminate worries, dare to be friendly, and free themselves from the confusion of "fear of making mistakes if they want to do things" and "fear of being misunderstood if they want to serve."
"The guiding cases are explained using the framework of 'Interaction Situation' and 'Discipline and Law Analysis' to provide concrete guidance for standardizing interaction behaviors. In the 'Interaction Situation', the practical confusions that are generally concerned by cadres are integrated into the case plot; in the 'Discipline and Law Analysis' 'In the process, evaluate whether the behavior is appropriate, and extend it to clarify the appropriate methods and precautions." According to the responsible comrade of the relevant departments of the Fujian Provincial Commission for Discipline Inspection and Supervision, on the one hand, it promotes party organizations at all levels to conscientiously perform their main responsibilities, and educates and guides cadres to correctly grasp Concepts and methods, open hands and feet to serve enterprises, and jointly create a first-class business environment. On the other hand, the discipline inspection and supervision agencies across the province are organized to study carefully, thoroughly understand the connotation and essence of the "Opinions" and guiding cases, and improve their ability to accurately supervise discipline and law enforcement and apply policies and strategies.
The Discipline Inspection and Supervision Committee of Nanping City, Fujian Province regards the study of the "Opinions" and guiding cases as an important starting point for supervising and optimizing the business environment, and encourages departments at all levels to conscientiously organize learning through exchanges and discussions to further clarify the boundaries of discipline and law and clarify misunderstandings.
In conjunction with the province's special rectification of outstanding issues of irresponsibility and inaction, the Hubei Provincial Commission for Discipline Inspection and Supervision has selected and compiled typical cases of error tolerance and correction, using cases to explain disciplines, cases to explain, and cases to reason, to guide precise discipline enforcement and better protect reformers, Encourage explorers, tolerate those who make mistakes, and those who correct deviations, and stimulate the entrepreneurial enthusiasm, initiative, and creativity of cadres and officers.
One of the innovative cases of the Hainan Free Trade Port system (integration) is that the Hainan Provincial Commission for Discipline Inspection and the Organization Department of the Provincial Party Committee established the "four-in-one" incentive cadres to take responsibility as a series of typical case databases. Hainan Province uses the method of "one case, one analysis" and "one case, one comment" to clarify the basis of discipline and law, grasp the application of discipline and law, pay attention to the organic unity of political effects, disciplinary and legal effects, and social effects, and provide Party organizations at all levels in the province with Provides specific case guidelines and clear work to follow. (China Discipline Inspection and Supervision News)