Article 143 of the Regulations of the Communist Party of China on Disciplinary Punishment (hereinafter referred to as the Regulations) is a new article, which clearly states that the trustee (hereinafter referred to as the trustee) who has the obligation to report and register the intervention and meddling in accordance with the relevant provisions fails to report or register in accordance with the provisions, and will be given corresponding sanctions depending on the circumstances. The author believes that we should pay attention to the following points to understand and grasp the violation.
1、 Fully understand the necessity of incorporating the failure to report or register other people's interference and interference into disciplinary punishment
The Party Constitution stipulates that Party members have the obligation to "conscientiously carry out criticism and self-criticism, have the courage to expose and correct words and deeds that violate the Party's principles and shortcomings and errors in their work, and resolutely fight against negative corruption". The trustee's failure to report and register as required violates this obligation. This revision of the Regulations adds the new act of failing to report or register other people's interference and intervention in accordance with the provisions, aiming to unify the acts of failing to report and register in accordance with the provisions scattered in different party discipline laws and regulations into the Regulations, which is clearly defined as violations of discipline, further clarifying the irregularities of reporting and registering in violation of the provisions and the basis for investigation and punishment, Strengthened the clear attitude of serious handling of such acts. In practice, the intervention and meddling behavior of the entrusted person who does not report and register the entrusted person in accordance with the provisions has objectively encouraged the wanton intervention and meddling behavior of the entrusted person, which has bred the risk of power money transaction and power right transaction. The investigation and punishment of the acts of interference and intervention of others who do not report or register in accordance with the provisions has compacted the fiduciary's obligation to truthfully register and report, which is conducive to reducing the interference and intervention from the source.
2、 Accurately grasp the specific scope and performance of other people's intervention and interference behaviors that are not reported or registered as required
According to the relevant regulations, the trustee's failure to report or register the intervention and interference of others as required involves many aspects of work, mainly including:
1. Failing to report or register other people's intervention and interference in judicial activities as required. Article 6 of the Provisions on the Recording, Notification and Accountability of Leading Cadres' Intervention in Judicial Activities and Intervention in the Handling of Specific Cases stipulates that judicial personnel shall truthfully record the behaviors of leading cadres' intervention in judicial activities and intervention in the handling of specific cases, which shall be protected by laws and organizations. In addition, Article 6 of the Provisions on the Recording and Accountability of Cases Interrogated by Internal Personnel of the Judiciary stipulates that the case handlers should comprehensively and truthfully record the situation of cases Interrogated by internal personnel of the judiciary, so as to leave traces throughout the whole process and be well documented; Article 7 stipulates that the case handling personnel shall truthfully record the situation of the judicial organ's internal personnel's involvement in the case, which shall be protected by law and organizations. It can be seen that, in order to strengthen internal supervision and management, and intervene and interfere in judicial activities of others, even if the trustor is an internal member of the judicial organ, the judicial personnel also have the obligation to record and report.
2. Failing to report or register others' interference and interference in cadre selection and appointment, project construction, discipline enforcement and law enforcement as required. Article 25 of the Regulations of the Communist Party of China on Inner Party Supervision stipulates that the system for recording the intervention of leading cadres of the Party in major matters should be established and improved. If problems such as interference in the selection and appointment of cadres, project construction, discipline enforcement, judicial activities and other violations by taking advantage of their positions should be reported to the superior party organization in a timely manner. The Opinions of the Central Committee of the Communist Party of China on Strengthening the Supervision of "Top Leaders" and the Leading Group clearly stipulates that the system of recording the intervention of leading cadres in major events should be strictly implemented, and problems should be reported in a timely manner. The Party committee (leading group) should improve and implement the specific measures of leading cadres' intervention in the record system of major events. If the members of the leading group interfere with the selection and appointment of cadres, project construction, law enforcement, justice and other issues in violation of regulations, the trustee shall report to the department and unit party organization in a timely manner. The leading group and leading cadres should resolutely resist illegal interference from relatives and friends of other leading cadres and report to the Party organization in a timely manner. Those who do not report as required shall be investigated for responsibility in accordance with regulations and disciplines.
3. Failing to report or register the intervention and intervention of the internal personnel of the discipline enforcement agency in accordance with the regulations. Article 64 of the Rules for the Supervision of Discipline Enforcement by the Discipline Inspection Organs of the Communist Party of China stipulates that if the discipline inspection and supervision cadres inquire about the case, question the case, and intercede, the entrusted person shall report to the leader of the examination and investigation team and the main person in charge of the supervision, inspection, and investigation departments, and register for the record. If it is found that the members of the examination and investigation team have unauthorized contact with the investigated person, the person involved in the case and their specific related persons, or have contacts, they shall report to the leader of the examination and investigation team and the main heads of the supervision, inspection and investigation departments, as well as the main heads of the discipline inspection and supervision organs, and register for the record. In addition, Article 46 of the Law of the People's Republic of China on Supervisors stipulates that supervisors shall not inquire about the case, interfere in the case, or intercede. For the above-mentioned acts, the supervisors who handle the supervisory matters shall report to the higher authorities in a timely manner, and the relevant information shall be registered for the record.
4. Failing to report or register the intervention of relatives and friends of leading cadres and interfere in the work within the authority of leading cadres as required. The Several Guidelines on the Political Life within the Party in the New Situation stipulates that leading cadres, especially senior cadres, "are prohibited from using their authority or influence to seek special care for their relatives and friends, and their relatives and friends are prohibited from interfering in the work and personnel arrangements within the authority of leading cadres. Leading groups and leading cadres at all levels should resolutely resist illegal interference from relatives and friends of leading cadres, and report relevant information to the Party organization. " The work within the scope of authority of the above-mentioned leading cadres can cover all aspects of work, and the entrusted person shall report or register the illegal intervention and interference as required.
To sum up, the intervention and intervention covers a wide range of issues, focusing on cadre selection and appointment, project construction, discipline enforcement and judicial activities. It should be noted that Articles 141 and 142 of the Regulations of 2023 delete the expression that the identity of the entrusting person in the Regulations of 2018 must be "Party member leading cadre", that is, the entrusting person who interferes and interferes in market economic activities, judicial activities, discipline enforcement activities can be an ordinary party member. For the trustee, if the trustee has illegal interference and interference as stipulated in Articles 141 and 142 of the Regulations, the trustee shall consciously comply with the relevant provisions. The report shall be reported and the registration shall be registered.
3、 Other problems needing attention
Grasp the seriousness of the plot and the idea of obtaining evidence. The "serious circumstances" of this disciplinary violation constitute a disciplinary violation, which can be determined by the background of accepting the request, whether to refuse or decline in principle, and whether it has caused adverse effects or serious consequences. In the process of obtaining evidence, in addition to obtaining the detailed process of the trustee's failure to report or register as required, the handling of the request and other evidence materials, it is also necessary to extend the motivation of the trustee's intervention and intervention, the prohibitive provisions of the intervention and intervention, whether there is interest transmission and other issues, and confirm the violation of the trustee's intervention and intervention and other basic materials.
Handling of implicated behaviors. If the trustee, after accepting the request, not only fails to register or report as required, but also violates the requirements of the trustor. Where the untruthful reporting or registration constitutes a violation of discipline, while the violation of implementation also constitutes a violation of work discipline and other violations of discipline, whether the two acts mentioned above are combined punishment or one of them needs to be determined according to the circumstances and individual cases. The author believes that, in most cases, the untruthful reporting and registration of the trustee can no longer be regarded as a violation of discipline, but can be considered as the circumstances. The main consideration is that if the trustee is required to truthfully report the irregularities of the entrusted matters to the organization, there is no possibility of expectation in the case that the entrusted matters have already constituted a violation of discipline. (Ding Ling Author's unit: Discipline Inspection and Supervision Team of the General Office of Anhui Provincial Commission for Discipline Inspection in the Provincial Government)
