The Office of the Central Committee of the Communist Party of China printed and distributed the Rules for the Supervision and Enforcement of Discipline by the Discipline Inspection Organs of the Communist Party of China
Recently, the General Office of the Central Committee of the Communist Party of China issued the Rules for the Supervision and Enforcement of Discipline by the Discipline Inspection Organs of the Communist Party of China ( Hereinafter referred to as the Rules ) And sent out a notice to require all departments in all regions to conscientiously comply with it.
The notice states that, two thousand and seventeen year one In June, the Central Commission for Discipline Inspection formulated the Rules for the Supervision and Enforcement of Discipline by the Discipline Inspection Organs of the Communist Party of China ( Trial implementation ) 》Actively strengthen self-discipline, and play an important role in regulating the power of supervision and discipline enforcement, and building a loyal, clean and responsible team of discipline inspection and supervision cadres. The 19th National Congress of the Communist Party of China made a strategic deployment to unswervingly and comprehensively govern the Party with strict discipline. The reform of the Party's discipline inspection system and the reform of the national supervision system continued to deepen, putting forward new and higher requirements for discipline inspection and supervision organs to perform their duties in accordance with the rules and disciplines and the law. The CPC Central Committee attaches great importance to the discipline inspection and supervision work, and has decided to improve the rules according to the new situation and new tasks, which has been upgraded to the CPC Central Committee's internal laws and regulations.
The notice pointed out that the Rules thoroughly implemented Xi Jinping's thought of socialism with Chinese characteristics for a new era and the spirit of the 19th National Congress of the Communist Party of China, followed the Party Constitution as the fundamental principle, adhered to and strengthened the Party's leadership over discipline inspection, and took it as a major political responsibility to resolutely uphold the authority of the Party Central Committee with Comrade Xi Jinping as the core and centralized and unified leadership, Summarize the theoretical, practical and institutional innovations in the reform of the discipline inspection and supervision system since the 18th National Congress of the Communist Party of China, strengthen the internal control mechanism, refine supervision responsibilities, focus on building a team of discipline inspection and supervision cadres who are loyal, firm, responsible, law-abiding, honest and clean, and promote the comprehensive and in-depth development of strict governance of the party.
The notice stressed that the iron must be hard. Commission for Discipline Inspection at All Levels ( Discipline Inspection and Supervision Team ) Under the leadership of the Party's political construction, we should comprehensively promote the Party's political construction, ideological construction, organizational construction, style construction, and discipline construction, and put system construction through it. We should further promote the fight against corruption, and do a good job in the study, publicity, and implementation of the Rules. We should take the lead in strengthening the "Four Consciousness", orient ourselves to the political direction, take a firm political stance, improve our political ability, consciously maintain a high degree of consistency with the Party Central Committee with Comrade Xi Jinping at the core, and dare to show our swords and fight in the face of major issues. We should take the lead in building model institutions that can reassure the Party Central Committee and satisfy the people, strictly abide by the rules and regulations of discipline enforcement, exercise power with caution, and exercise self-discipline. We need to integrate discipline enforcement and law enforcement, promote the integration of supervision, discipline enforcement and law enforcement, make overall use of the "two rulers" of discipline and law enforcement, and integrate the "four forms" of supervision and discipline enforcement. We both adhere to strict discipline enforcement and adhere to the coordination of discipline and law, seek truth from facts, be precise and scientific, and further promote the legalization and standardization of anti-corruption work. We should actively carry out self supervision, consciously accept external supervision, "zero tolerance" for those who violate disciplines and law enforcement, resolutely prevent "darkness under the light", and be a loyal defender of the Party and the people.
Notice requires that Party committees at all levels ( Party group ) And the Supervision Committee of the Commission for Discipline Inspection ( Discipline Inspection and Supervision Team ) We should earnestly strengthen leadership, do a good job in building a contingent of discipline inspection and supervision cadres, strengthen the supervision and inspection of the learning, publicity and implementation of the Rules, criticize and educate those who fail to implement the Rules, urge them to rectify, and hold them accountable and accountable in accordance with laws and regulations, so as to promote the implementation of all provisions of the Rules.
The full text of the Rules for the Supervision and Enforcement of Discipline by the Discipline Inspection Organs of the Communist Party of China is as follows.
general provisions
Article 1 These Rules are formulated in accordance with the Constitution of the Communist Party of China and relevant laws, in combination with the reform of the discipline inspection and supervision system and the practice of supervision and discipline enforcement, in order to strengthen the unified leadership of the Party over discipline inspection and state supervision, strengthen the discipline building of the Party, promote the comprehensive and strict governance of the Party, and standardize the supervision and discipline enforcement work of discipline inspection and supervision organs.
Article 2 Adhere to the guidance of Marxism Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the requirements of the joint work of the Discipline Inspection Committee and the Supervisory Committee, strictly supervise and enforce discipline in accordance with rules and disciplines, and adhere to the principle that iron forging must be self hard, Put power in the institutional cage and build a loyal, clean and responsible team of discipline inspection and supervision cadres.
Article 3 The supervision of discipline enforcement shall follow the following principles:
( one ) Adhere to and strengthen the overall leadership of the Party, firmly establish a political awareness, a sense of the overall situation, a sense of core, and a sense of alignment, strengthen confidence in the path of socialism with Chinese characteristics, in theory, in systems, and in culture, resolutely maintain the core position of General Secretary Xi Jinping at the core of the Party Central Committee and the core position of the whole Party, and firmly uphold the authority and centralized and unified leadership of the Party Central Committee, Strictly observe political discipline and rules, reflect the political nature of supervision and discipline enforcement, and build an authoritative and efficient supervision system with unified command, comprehensive coverage of the Party ;
( two ) Adhere to the dual leadership system of discipline inspection, supervise the discipline enforcement work mainly under the leadership of the discipline inspection commission at the higher level, and report to the discipline inspection commission at the higher level when reporting to the Party committee at the same level for clue handling and case filing review ;
( three ) Insist on seeking truth from facts, take facts as the basis, take the Party Constitution, Party regulations, Party discipline and national laws and regulations as the criterion, strengthen supervision, strictly enforce discipline, grasp policies, combine leniency with severity, leniently deal with problems of voluntary surrender and voluntary disclosure, and strictly deal with organizations that refuse to account and deceive ;
( four ) Adhering to trust cannot replace supervision. Discipline enforcers must first observe discipline, discipline themselves with higher standards and stricter requirements, strictly work procedures, effectively control risks, strengthen supervision and restriction on all aspects of supervision and discipline enforcement, and ensure that supervision and discipline enforcement can stand the test of history and the people.
Article 4 Adhere to the principle of learning from the past to avoid the future, cure the disease and save the patient, put discipline in the front, accurately and effectively use the "four forms" of supervision and discipline enforcement, put ideological and political work through the whole process of supervision and discipline enforcement, combine strict management with kindness, attach equal importance to incentives and constraints, pay attention to education and transformation, promote Party members to consciously prevent and correct disciplinary violations, punish a few, educate the majority, and achieve political results The effect of discipline and law is consistent with that of society.
Chapter II Leadership System
Article 5 The Central Commission for Discipline Inspection shall work under the leadership of the Party Central Committee. Local discipline inspection committees at all levels and grass-roots discipline inspection committees work under the dual leadership of the Party committees at the same level and the discipline inspection committees at higher levels.
The Party committee shall regularly listen to and review the work reports of the discipline inspection committee and the supervision committee at the same level, and strengthen the leadership, management and supervision of the work of the discipline inspection committee and the supervision committee.
Article 6 The discipline inspection organ of the Party and the state supervision organ are the specialized organs for the self supervision of the Party and the state. The Central Commission for Discipline Inspection and the local discipline inspection commissions at all levels implement the decisions and arrangements of the Party Central Committee on the state supervision work, review and decide on important matters in the performance of duties by the supervision commission according to law, connect discipline enforcement and law enforcement, and realize the organic unity of intra party supervision and state supervision.
Article 7 Hierarchical responsibility system shall be adopted for supervision of discipline enforcement:
( one ) The Central Commission for Discipline Inspection and the State Supervision Commission are responsible for supervising, inspecting and investigating the members, alternate members, members of the Central Commission for Discipline Inspection, leading cadres under the management of the Central Committee, the working department of the Central Party Committee and the Party Leadership Group approved by the Central Party Committee ( Party Committee ) Party committees, discipline inspection commissions and other party organizations of provinces, autonomous regions, and municipalities directly under the Central Government are suspected of violating discipline or violating the law or committing crimes by taking advantage of their duties.
( two ) The local discipline inspection commission at all levels shall be responsible for supervising, inspecting, examining and investigating the members and alternate members of the party committee at the same level, the members of the discipline inspection commission at the same level, the party members, cadres and supervision objects managed by the party committee at the same level, the party group approved by the party committee working department and the party committee at the same level ( Party Committee ) , suspected violation of discipline, illegal duty and duty crime of the Party committee, discipline inspection commission and other Party organizations at the next level.
( three ) The grass-roots discipline inspection commission is responsible for supervising, inspecting and reviewing the suspected disciplinary violations of Party members managed by the Party committee at the same level, and Party organizations at all levels under the Party committee at the same level ; If there is no discipline inspection committee, the primary Party committee shall be responsible for supervising the discipline enforcement.
Local commissions for discipline inspection at all levels shall strengthen supervision over the performance of duties and the exercise of powers by Party committees at the same level in accordance with regulations.
Article 8 The supervision and enforcement of discipline shall be carried out in accordance with the principle of who is in charge and who is responsible for the suspected violation of discipline and law by the party members, cadres and the objects of supervision whose organizational relationship is in the local area and whose management authority is in the competent department. The discipline inspection and supervision organ established in the competent department and having jurisdiction shall carry out examination and investigation. If the competent department deems it necessary, It may jointly examine and investigate with the local discipline inspection and supervision organ. The local discipline inspection and supervision organ may, after coordinating with the competent department, review and investigate the problems reflected by the clues, or form a joint review and investigation team with the competent department to report the review and investigation to the other party in a timely manner.
Article 9 The discipline inspection and supervision organ at the higher level has the right to designate the discipline inspection and supervision organ at the lower level to examine and investigate the suspected violations of discipline, illegal duties and crimes committed by the Party organizations, Party members, cadres and the objects under supervision under the jurisdiction of other discipline inspection and supervision organs at the lower level, and may also directly conduct examination and investigation when necessary. The discipline inspection and supervision organ at a higher level may designate the discipline inspection and supervision organ at a lower level to examine and investigate the matters under its direct jurisdiction.
If there is a dispute between the discipline inspection and supervision organs over the matters under their jurisdiction, it shall be determined by their common superior discipline inspection and supervision organs ; If it believes that the matters under its jurisdiction are important and complex and need to be under the jurisdiction of the higher discipline inspection and supervision organ, it may report to the higher discipline inspection and supervision organ for jurisdiction.
Article 10 Discipline inspection and supervision organs shall strictly implement the system of requesting instructions and reporting. The Central Commission for Discipline Inspection shall regularly report to the Central Committee of the Party, study major issues involving the overall situation, encounter important problems, make decisions on case filing, review, investigation, and give party discipline and government punishment, and report to the Central Committee of the Party in a timely manner, both the results and the process. Special reports shall be made on the implementation of important decisions of the Party Central Committee.
The local discipline inspection and supervision authorities at all levels shall apply to the Party committee at the same level and report to the discipline inspection and supervision committee at the higher level for important matters such as the decision to file a case for review and investigation and the punishment to the Party discipline and government affairs, and then formally issue a document for instructions after forming a clear opinion. Timely report important matters.
The discipline inspection and supervision organ shall adhere to the democratic centralism, and report to the relevant person in charge of the discipline inspection and supervision organ and the main person in charge of the discipline inspection and supervision organ for examination and approval after collective research on important issues in the handling of clues, correspondence, preliminary verification, case filing, review and investigation, case hearing, and handling implementation.
Article 11 Disciplinary inspection and supervision organs shall establish a working mechanism for coordination and mutual restriction among supervision and inspection, examination and investigation, case supervision and management, and case trial. The supervision committee of the discipline inspection commission at or above the municipal level shall be divided into supervision and inspection departments and examination and investigation departments. The supervision and inspection departments shall be mainly responsible for contacting regions, departments and units for daily supervision and inspection and handling of clues suspected of general discipline violations. The examination and investigation departments shall be mainly responsible for preliminary verification of clues suspected of serious discipline violations or official violations and official crimes, and for filing, examination and investigation of clues ; The case supervision and management department is responsible for the supervision and management of the whole process of supervision, inspection, review and investigation, and the case trial department is responsible for reviewing and checking the cases that need to be punished by the party discipline and government affairs.
If the discipline inspection and supervision organ needs assistance in its work, the relevant organizations, organs, units and individuals shall provide assistance in accordance with regulations, disciplines and laws.
Article 12 The case supervision and management department of the discipline inspection and supervision organ shall be responsible for supervising and managing the whole process of supervision and discipline enforcement, and doing a good job in clue management, organization and coordination, supervision and inspection, supervision and handling, statistical analysis, etc. The supervision department of the Party style and the government style should strengthen the comprehensive coordination of the construction of the Party style and the government style, and do a good job in supervision, inspection, disclosure and comprehensive analysis.
Chapter III Supervision and Inspection
Article 13 Party Committee ( Party group ) To fulfill the main responsibility in the inner-party supervision, the discipline inspection and supervision institutions should combine discipline supervision, supervision, patrol supervision, and stationed supervision, focus on the inspection, observance and implementation of the Party Constitution, Party rules, Party discipline, and constitutional laws and regulations, strengthen ideals and beliefs, strengthen the "four consciousness", and strengthen the "four self-confidence", and maintain the core position of General Secretary Xi Jinping, To safeguard the authority and centralized and unified leadership of the Central Committee of the Party, implement the line, principles and policies of the Party and the country as well as major decisions and arrangements, adhere to the initiative and work hard, implement the responsibility of comprehensively and strictly governing the Party, the principle of democratic centralism, the provisions on the selection and employment of personnel, and the spirit of the eight provisions of the Central Committee, inspect, inspect and rectify, perform duties according to law, and use power impartially To be honest in politics and strictly abide by social ethics, and to sort out and supervise the rectification of problems found.
Article 14 Discipline Inspection Commission and Supervision Commission ( Discipline Inspection and Supervision Team, Discipline Inspection and Supervision Working Committee ) Report to or work with the Party Committee ( Party group ) Regularly hold special meetings, listen to special reports on strengthening intra party supervision, comprehensively analyze the political ecological situation of the regions, departments and units contacted, put forward suggestions and work measures for strengthening and improving, and do a good job in organizing, implementing, supervising and inspecting.
Article 15 Disciplinary inspection and supervision organs shall, in combination with the duties of the objects under supervision, strengthen daily supervision over the exercise of power, learn about the ideology, work style and living conditions of the objects under supervision through various ways, and shall timely interview and remind, criticize and educate, order inspection, and admonish and encourage people to talk when finding signs, tendentious problems or minor violations of discipline, Improve the pertinence and effectiveness of supervision.
Article 16 The discipline inspection and supervision institutions shall unblock the reporting channels such as letters, visits, calls and networks, build a reporting platform covering the discipline inspection and supervision system, accept the reports and accusations in a timely manner, and give play to the supervision role of party members and the masses.
Article 17 The discipline inspection and supervision organ shall establish and improve the incorruptible archives of Party members and leading cadres, which mainly include:
( one ) Appointment and dismissal, personnel files, and handling of personal matters due to untruthful reporting ;
( two ) Clues and handling of problems handed over by patrol, letters and visits, case supervision and management and other aspects ;
( three ) Relevant materials formed by conducting communication, preliminary verification, review and investigation and other work ;
( four ) Reply materials for opinions on Party conduct and clean government ;
( five ) Other materials reflecting the integrity of the government.
Incorruption archives shall be updated dynamically.
Article 18 The discipline inspection and supervision organ shall do a good job in replying to the opinions on the Party conduct and integrity in the selection and appointment of cadres, carefully check the clues reflecting the problems, comprehensively use other supervision results such as patrol inspection, and strictly control the political, moral, style and integrity.
Article 19 The discipline inspection and supervision organ shall put forward suggestions on discipline inspection or supervision to the relevant party organizations or units for the prominent problems found in the supervision, supervise the work and promote the rectification by urging the convening of special democratic life meetings, organizing special inspections and other means.
Chapter IV Handling of Clues
Article 20 Disciplinary inspection and supervision organs shall strengthen the centralized management, classified disposal and regular clean-up of problem clues. The complaint reporting department is responsible for receiving the complaint reporting of the party organizations, party members, cadres and the monitored objects suspected of violating discipline or violating the law or committing crimes by taking advantage of duty under the management of the party committee at the same level, receiving the relevant complaint reporting handed over by the relevant discipline inspection and supervision organ, accredited or dispatched office and other units, transferring them to the relevant departments of the organ, and analyzing the situation of the complaint reporting in depth, Timely reflect the most concerned, direct and realistic interests of the masses.
When the inspection and patrol work organization, the audit organ, the administrative law enforcement organ, the judicial organ and other units find clues about suspected violations of discipline or illegal or criminal duties, they shall promptly transfer them to the case supervision and management department of the discipline inspection and supervision organ for unified handling.
If the relevant problem clues found by the supervision and inspection department, the examination and investigation department, and the cadre supervision department fall within the scope of their own acceptance, they shall be sent to the case supervision and management department for filing ; If it is not within the scope of the department's acceptance, it shall be transferred to the case supervision and management department after approval, and then transferred to the relevant supervision and discipline enforcement department for handling according to the procedures.
Article 21 Disciplinary inspection and supervision organs shall make comprehensive analysis based on the overall situation of the regions, departments and units involved in the problem clues, and settle the problems according to the communication, preliminary verification, temporary storage for investigation four Class method.
The handling of clues shall not be delayed or overstocked, and the handling opinions shall start from the date of receiving the problem clues one Put forward, formulate a disposal plan and perform the approval procedures within months.
Article 22 The discipline inspection and supervision organ shall report to the higher discipline inspection and supervision organ in a timely manner the problem clues and the handling of clues that reflect the problems of the members and alternate members of the Party committee at the same level, the members of the Standing Committee of the Commission for Discipline Inspection and the members of the Supervisory Committee, and the main heads of the regions, departments and units under their jurisdiction.
Article 23 The case supervision and administration department shall implement centralized management, dynamic update, regular summary and check of problem clues, put forward opinions on separate handling, report to the main person in charge of the discipline inspection and supervision organ for approval, and transfer them to the handling department according to procedures. The handling department shall designate a special person to manage the problem clues, number and register them one by one, and establish a management account. Each link of clue management and disposal shall be signed by the handler and registered for future reference.
Article 24 The discipline inspection and supervision organs shall, according to the needs of their work, regularly hold special meetings, listen to the comprehensive reports on the problems and clues, carry out analysis, research and judgment, conduct in-depth research on important whistleblowing matters and areas where problems are concentrated, put forward disposal requirements, and ensure that each case is settled.
Article 25 The undertaking department shall do a good job in archiving the disposal of clues, and the archiving materials shall be complete and complete, indicating the instructions of leaders and the disposal process. The case supervision and management department shall regularly summarize and check the problem clues and disposal, report to the main person in charge of the discipline inspection and supervision organ, and report to the relevant departments.
Chapter V Conversation and Correspondence
Article 26 Party committees at all levels ( Party group ) And the discipline inspection and supervision institutions should promote the strengthening and standardization of the political life within the Party, often take up the weapons of criticism and self-criticism, timely carry out conversation reminders, interviews and correspondence, and urge Party members, cadres and the objects of supervision to enhance the Party's concept and sense of discipline.
Article 27 Disciplinary inspection and supervision organs shall, when dealing with problem clues by means of correspondence, draft correspondence for approval, draft a plan for interview and relevant work plans, and submit them for approval according to procedures. Need to talk to the next party committee ( Party group ) If the principal is in charge, it shall be reported to the principal of the discipline inspection and supervision organ for approval and, if necessary, to the principal of the Party committee at the same level.
Article 28 The interview shall be conducted by the relevant person in charge of the discipline inspection and supervision organ or the person in charge of the undertaking department, and may be conducted by the party committee of the interviewee ( Party group ) Commission for Discipline Inspection and Supervision ( Discipline Inspection and Supervision Team, Discipline Inspection and Supervision Working Committee ) Accompanied by relevant responsible person ; Upon approval, the party committee of the interviewee can also be entrusted ( Party group ) The main responsible person shall carry out.
The conversation shall be held in a place with safety guarantee conditions. If the discipline inspection and supervision organ talks, it shall make a transcript of the conversation. After the conversation, the interviewee may, depending on the circumstances, write a written explanation.
Article 29 The general office of the discipline inspection and supervision organ shall ( room ) Send a letter to the person to be reported in name and copy it to the party committee ( Party group ) And the principal of the discipline inspection and supervision team. The respondent shall, after receiving the letter fifteen Write explanatory materials within working days, and the party committee ( Party group ) The main person in charge will send a reply after signing comments.
The Respondent is the Party Committee ( Party group ) The explanation made by the main person in charge or the respondent involves the Party committee ( Party group ) The main responsible person shall directly send a letter to the discipline inspection and supervision organ.
Article 30 The handling department shall, after the end of the conversation or after receiving the reply to the inquiry one Write a situation report and disposal opinions within months, and submit them for approval according to procedures. Make corresponding treatment according to different situations:
( one ) If the report is untrue or there is no evidence to prove the existence of problems, it shall be accepted and settled, and a letter shall be sent to the respondent for feedback.
( two ) If the problem is minor and does not need to be investigated for disciplinary responsibility, it shall be handled by means of conversation reminding, criticism and education, order for inspection, admonition and conversation.
( three ) If the problem reflected is more specific, but the respondent denies it with insufficient and specific reasons, or indicates that there is an obvious problem, it should generally talk again or ask by letter ; If it is found that the person being reported is suspected of violating discipline or illegal or criminal duties and needs to be investigated for discipline and legal responsibility, it shall put forward suggestions for preliminary verification.
( four ) Those who falsely accuse and frame up shall be investigated and punished according to regulations, disciplines and laws.
If necessary, it can conduct spot check and verification on the explanation of the interviewee's interview and inquiry.
The interview correspondence materials shall be stored in the incorruption archives.
Article 31 Party members and cadres who have been interviewed and asked for letters shall make explanations on the questions of this year's or last year's conversation and letters at the democratic life meeting and organizational life meeting, and clarify the situation of the organization's acceptance and settlement ; Those who violate discipline shall make self-criticism and self-criticism.
Chapter VI Preliminary Verification
Article 32 Party Committee ( Party group ) Commission for Discipline Inspection and Supervision ( Discipline Inspection and Supervision Team ) It is necessary to carry out a solid preliminary verification of the traceable clues of suspected violations of discipline or duty violations or duty crimes, collect objective evidence, and ensure authenticity and accuracy.
Article 33 The discipline inspection and supervision organ shall formulate a work plan, set up a verification team and perform the examination and approval procedures when handling problem clues by means of preliminary verification. The verified person is the next level party committee ( Party group ) If the principal is in charge, the discipline inspection and supervision organ shall report to the principal of the Party committee at the same level for approval.
Article 34 Upon approval, the inspection team may take necessary measures to collect evidence, talk with relevant personnel to understand the situation, require relevant organizations to make explanations, obtain personal reports on relevant matters, consult and copy documents, accounts, archives and other materials, check assets and relevant information, and conduct appraisal and inspection. The inspection team shall temporarily withhold the property voluntarily handed over by the verified person and relevant personnel.
If it is necessary to take measures such as technical investigation or exit restriction, the discipline inspection and supervision organ shall strictly perform the examination and approval procedures and submit them to the relevant organs for implementation.
Article 35 After the preliminary verification is completed, the verification team shall write a report on the preliminary verification, which shall list the basic information of the verified person, the main problems reflected, the basis for handling, the results of the preliminary verification, the doubts and the handling suggestions, and shall be signed by all members of the verification team for future reference.
The undertaking department shall make a comprehensive analysis of the preliminary verification, and put forward disposal suggestions in accordance with the proposed filing, review and investigation, settlement, conversation reminding, temporary storage for investigation, or transfer to the relevant party organization for handling.
The report on the preliminary verification shall be submitted to the main person in charge of the discipline inspection and supervision organ for approval, and when necessary, it shall be reported to the main person in charge of the Party committee at the same level.
Chapter VII Examination and Investigation
Article 36 Party Committee ( Party group ) In accordance with the management authority, we should strengthen the review, investigation and disposal of Party members, cadres and supervision objects suspected of serious violations of discipline or duty violations and duty crimes, regularly listen to reports on major cases, strengthen the mechanism construction of anti-corruption coordination agencies, and resolutely, accurately and orderly punish corruption.
Article 37 After preliminary verification, the discipline inspection and supervision organ shall file a case for examination and investigation if it is necessary to investigate the discipline or legal responsibility of the party members, cadres and the objects of supervision who are suspected of violating discipline or illegal or criminal duties.
Those who apply for approval of filing a case shall have mastered the facts and evidence of partial violations of discipline or duty violations and duty crimes, and have the conditions for examination and investigation.
Article 38 Where the conditions for filing a case are met, the undertaking department shall draft a report for filing, examination, investigation and approval, which shall be examined and approved by the principal person in charge of the discipline inspection and supervision organ and submitted to the principal person in charge of the Party committee at the same level for approval, and then be put on file for examination and investigation.
The decision of case filing, examination and investigation shall be announced to the person under investigation and the party committee of the person under investigation ( Party group ) The main responsible person shall report.
Article 39 With regard to the case filing, examination and investigation of persons suspected of serious violations of discipline or duty violations or duty crimes, the main responsible person of the discipline inspection and supervision organ shall preside over a special meeting attended by the relevant responsible person of the discipline inspection and supervision organ to study and approve the investigation plan.
The relevant person in charge of the discipline inspection and supervision authority approved the establishment of the review and investigation team, determined the review and investigation conversation plan and external investigation plan, and approved the important information inquiry, property seizure involved in the case and other matters.
The main responsible person of the supervision, inspection and investigation department shall organize research and put forward the investigation interview plan, external inspection plan and disposal suggestions, approve the general information query, and check the investigation and evidence collection.
The leader of the review and investigation team shall strictly implement the review and investigation plan and shall not change it without authorization ; Report the review and investigation progress in written form, and ask for instructions in case of important matters.
Article 40 The examination and investigation team may, upon approval, conduct interviews, interrogations, inquiries, detainments, inquiries, freezes, searches, retrieves, seals up and detains in accordance with the Party Constitution, Party rules and the Supervision Law ( Temporary withholding and sealing ) To conduct inquest, inspection and appraisal, and request the relevant authorities to take measures such as technical investigation, arrest, and exit restriction.
The undertaking department shall establish a standing book to record the use of the measures and report to the case supervision and management department for regular filing.
The case supervision and management department shall check and inspect, regularly summarize the use of important measures and report to the leader of the discipline inspection commission and the discipline inspection and supervision organ at the next higher level. If it finds that the measures are used in violation of laws and regulations, it shall deal with them according to different circumstances to prevent unauthorized expansion of the scope and extension of the time limit.
Article 41 Where it is necessary to take lien measures against the investigated person, it shall be carried out in accordance with the Supervision Law twenty-four Inform his/her unit and family members within hours, and publish to the public in a timely manner. If it is not appropriate to notify or make public because it may destroy or falsify evidence, interfere with witnesses' testimony or collude with others, which may hinder the investigation, it shall be reported for approval according to procedures and recorded on the record. When the situation that hinders the investigation disappears, the unit to which the detainee belongs and his family members shall be notified immediately.
Article 42 The examination and investigation shall be conducted by two or more persons in accordance with the provisions, who shall produce their certificates and give a written notice in accordance with the provisions.
Article 43 After the approval of the plan for case filing, examination and investigation, the relevant responsible person or department head of the discipline inspection and supervision organ shall talk with the investigated person, announce the case filing decision, explain the Party's policies and disciplines, and require the investigated person to correct his attitude and cooperate in the examination and investigation.
The examination and investigation shall fully listen to the statements of the investigated person, ensure his/her diet and rest, provide medical services and ensure safety. It is strictly prohibited to use means that violate the Party Constitution, Party Rules, Party Discipline and national laws, and it is strictly prohibited to extort confessions, induce confessions, insult, beat, abuse, corporal punishment or corporal punishment in disguised form.
Article 44 During the period of review and investigation, the people under review and investigation shall be called comrades, and they shall be arranged to study the Party Constitution, Party Rules, Party Discipline and relevant laws and regulations, carry out education on ideals, beliefs and purposes, and through in-depth and detailed ideological and political work, urge them to reflect deeply, recognize mistakes, account for problems, and write repentance and reflection materials.
Article 45 The external investigation work must be carried out in strict accordance with the external investigation plan. It is not allowed to expand the scope of the examination and investigation, change the objects and matters of the examination and investigation at will. Important matters should be reported in a timely manner.
During the external investigation, without approval, the supervision and discipline enforcement personnel shall not independently contact any person involved in the case and its specific related parties, take review and investigation measures without authorization, or engage in activities unrelated to the external investigation.
Article 46 Disciplinary inspection and supervision organs shall collect and identify evidence in strict accordance with regulations and disciplines, so as to be comprehensive and objective, and form a complete and stable evidence chain that corroborates each other.
For investigation and evidence collection, the original materials shall be collected, numbered one by one, registered on the spot, and signed and sealed by the personnel on the spot. If the original materials are inconvenient to handle and store, or it is really difficult to obtain the original materials, the original materials can be sealed and photographed for video recording, or the original copies and photocopies can be retrieved ; A transcript of the conversation shall be made on site and signed by the interviewee after reading it. The obtained evidence must be timely submitted to the review and investigation team for unified custody.
It is strictly prohibited to collect evidence by threatening, luring, cheating and other illegal ways ; It is strictly forbidden to conceal, damage, tamper with or forge evidence.
Article 47 Sealing up and seizure ( Temporary withholding and sealing ) The freezing and transfer of property involved in the case shall be strictly subject to the examination and approval procedures.
Execution of sealing up and detaining ( Temporary withholding and sealing ) As for measures, the supervision and discipline enforcement personnel shall take photos, register and number one by one in person together with the original property holders or custodians and witnesses, and fill in the registration form on the spot, which shall be signed by the personnel on the scene. Articles of unknown value shall be identified in a timely manner and sealed for safekeeping.
The discipline inspection and supervision organ shall set up a special account and place, designate special personnel to keep the property involved in the case, strictly perform the handover and retrieval procedures, and regularly check accounts. It is strictly prohibited to privately possess and dispose of the property involved in the case and its fruits.
Article 48 Examination, investigation, interview, search, sealing up and detention of suspected serious disciplinary violations or duty violations or duty crimes ( Temporary withholding and sealing ) Important evidence collection work such as property involved in the case shall be recorded and videotaped throughout the process, properly kept, filed in a timely manner, and regularly checked by the case supervision and management department.
Article 49 For the examination and investigation of suspected serious discipline violations or duty violations or duty crimes, the supervision and discipline enforcement personnel shall not take the investigated person or other important conversation and inquiry objects away from the specified interview place without approval and going through the relevant procedures, and shall not conduct examination and investigation conversations or other important conversations and inquiries in places without monitoring equipment, Do not turn off the audio and video equipment during the conversation.
Article 50 The main persons in charge and the leaders in charge of the supervision, inspection and investigation departments shall regularly check and examine the audio and video recordings, transcripts of conversations, and property registration materials involved in the case during the investigation, and promptly correct and report any problems found.
The relevant person in charge of the discipline inspection and supervision organ shall strengthen the supervision of the whole process of examination and investigation by means of obtaining audio and video recordings.
Article 51 After finding out the suspected violation of discipline or duty violation or duty crime, the examination and investigation team shall write factual materials, meet with the investigated person and listen to their opinions. The investigated person shall sign opinions on the factual materials, and the examination and investigation team shall make explanations or indicate the situation if he/she signs a different opinion or refuses to sign opinions.
At the end of the review and investigation, the review and investigation team shall discuss collectively to form a review and investigation report, which shall list the basic information of the investigated person, the source of the problem clues, the basis for the review and investigation, the process of the review and investigation, the facts of major violations of discipline or duty violations, duty crimes, the attitude and understanding of the investigated person, handling suggestions, and the legal basis for party discipline, It shall be signed by the leader of the review and investigation team and relevant personnel.
Special reports shall be made on important issues, opinions and suggestions found in the process of examination and investigation.
Article 52 The examination of investigation reports, confession and reflection materials, factual materials on violations of discipline or duty violations, duty crimes, reports on property involved in cases, etc. shall be reported to the main responsible person of the discipline inspection and supervision organ for approval according to the procedure, and shall be transferred to the court according to the provisions, together with all evidence and procedural materials.
The materials formed in the whole process of examination and investigation shall be filed after the case is completed.
Chapter VIII Trial
Article 53 The discipline inspection and supervision organ shall review and check the suspected cases of violation of discipline or law and crime in strict accordance with the rules and disciplines, and put forward opinions on disciplinary treatment or punishment, so as to ensure that the facts are clear, the evidence is conclusive, the nature is accurate, the handling is appropriate, the procedures are complete, and the procedures are in compliance.
Disciplinary treatment or punishment must adhere to the principle of democratic centralism, make decisions through collective discussion, and no individual or minority is allowed to make decisions and approve.
Article 54 The principle of separating examination and investigation from trial shall be adhered to, and examination and investigation personnel shall not participate in the trial. The case handling department of the discipline inspection and supervision organ shall review and handle the cases that are suspected of violating discipline or violating the law or committing crimes by taking advantage of duty, and the cases that should be subject to disciplinary treatment or punishment according to regulations, and the cases that should be reviewed and reviewed.
Article 55 The hearing shall be conducted according to the following procedures:
( one ) After receiving the examination and investigation report, the case trial department shall accept the case if it meets the transfer conditions after examination, and may suspend or reject the case if it does not meet the transfer conditions.
( two ) For major, complex and difficult cases, the supervision, inspection, examination and investigation departments have found out the main violations of discipline or the facts of duty violations and duty crimes and put forward tendentious opinions ; If there are major differences in the determination of the nature of the suspected violation of discipline or duty violation or duty crime, the approved case trial department may intervene in advance.
( three ) After accepting the case, the case trial department shall set up a trial team consisting of two or more persons to comprehensively review the case file and put forward opinions on the trial.
( four ) Adhere to the principle of collective deliberation and form handling opinions on the basis of democratic discussion ; If a dispute is serious, it shall be reported in a timely manner, and a decision shall be made after consensus is reached. The case hearing department shall, according to the case hearing, talk with the investigated person, check the facts of violation of discipline or duty violation or duty crime, listen to the defense opinions and understand the relevant information.
( five ) If the main facts are not clear and the evidence is insufficient, it shall be returned to the supervision, inspection and investigation department for re examination and investigation upon the approval of the main person in charge of the discipline inspection and supervision organ ; If the evidence needs to be supplemented and improved, it shall be returned to the supervision and inspection, examination and investigation departments for supplementary examination and investigation upon the approval of the relevant person in charge of the discipline inspection and supervision organ.
( six ) After the completion of the trial work, a trial report shall be formed, which shall include the basic information of the investigated person, the summary of the review and investigation, the facts of violations of discipline and law or duty crimes, the disposition of property involved in the case, the opinions of the supervision and inspection or the review and investigation department, the trial opinions, etc. The trial report should reflect the characteristics of intra party review, identify the nature of the fact of violation of discipline in accordance with the Regulations on Disciplinary Punishment of the Communist Party of China, analyze the wrong nature of the investigated person's violation of the Party Constitution and deviation from the nature and purpose of the Party, and reflect their attitude, understanding and ideological transformation process. If it is necessary to investigate criminal responsibility for a suspected duty crime, the Prosecution Opinion shall also be formed as an annex to the trial report.
If a member or alternate member of the Party committee at the same level, a member of the discipline inspection commission or a member of the supervision commission at the same level is given a disciplinary sanction, the party committee at the same level shall communicate with the supervision commission of the discipline inspection commission at the higher level and form a handling opinion before deliberation.
The hearing shall commence on the date of acceptance one It shall be completed within months, and may be extended appropriately for major and complex cases upon approval.
Article 56 The hearing report shall be submitted to the meeting of the Standing Committee of the Commission for Discipline Inspection for deliberation after being approved by the principal responsible person of the discipline inspection and supervision organ. If it needs to be submitted to the Party committee at the same level for approval, the General Office of the Discipline Inspection and Supervision Organ shall ( room ) Nominally soliciting the organization department of the same level party committee and the party committee of the investigated person ( Party group ) opinion.
After the decision of punishment is made, the discipline inspection and supervision organ shall notify the party committee where the party member subject to punishment belongs ( Party group ) , send a copy to the organization department of the party committee at the same level, and one Within six months to all members of the basic level organizations of the Party to which they belong and to themselves. The implementation of the sanction decision shall be reported in a timely manner.
Article 57 Where an investigated person is suspected of committing a duty crime, the case supervision and administration department shall coordinate the transfer of the matter to the judicial organ. For cases where lien measures are taken, the lien measures will be automatically lifted after the People's Procuratorate first detains the criminal suspect.
After the case is transferred to the judicial organ, the examination and investigation department shall track and understand the handling situation, report the problems found in a timely manner, and shall not interfere with the handling work in violation of regulations.
After the completion of the hearing, the clues of other problems involved shall, upon approval, be transferred to the relevant discipline inspection and supervision authorities for disposal in a timely manner.
Article 58 The property obtained by the investigated person in violation of laws and regulations shall be confiscated, ordered to return or compensate, or registered and handed over according to laws and regulations.
The property obtained from the suspected duty crime shall be transferred to the judicial organ along with the case.
If it is determined that the income is not illegal, it shall be returned in accordance with regulations and disciplines after the case is concluded, and the signing formalities shall be handled.
Article 59 The appeal against the sanction decision shall be submitted by the party committee that approved or decided the sanction ( Party group ) Or accepted by the discipline inspection and supervision organ ; If reconsideration and reexamination are required, they shall be accepted after being approved by the relevant responsible person of the discipline inspection and supervision organ.
The appeal handling department shall set up a review team to review the original case file, and collect evidence when necessary. After collective study, it shall put forward handling opinions, which shall be submitted to the relevant person in charge of the discipline inspection and supervision organ for approval or to the meeting of the Standing Committee of the Commission for Discipline Inspection to study and decide to make a review decision. The decision shall be notified to the complainant, copied to the relevant units, and announced within a certain range.
Adhere to the separation of reconsideration review and review and hearing, and the original case review and hearing personnel shall not participate in the reconsideration review.
The reconsideration and reexamination work shall be carried out in three It will be completed within months.
Chapter IX Supervision and Management
Article 60 Disciplinary inspection and supervision organs shall be strictly in accordance with the laws and regulations within the Party and national laws, be cautious in the exercise of power, and be strict in self-discipline, strengthen self supervision, improve internal control mechanisms, consciously accept the supervision within the Party, social supervision, and mass supervision, ensure that power is strictly restricted, and resolutely prevent "blackout under the lights".
Disciplinary inspection and supervision organizations should strengthen their leadership over the supervision and enforcement of discipline, earnestly fulfill their own main responsibility for construction, and strictly educate, manage, and supervise so that disciplinary inspection and supervision cadres can become examples of strict discipline, improving style, and resisting corruption.
Article 61 Disciplinary inspection and supervision institutions shall strictly enforce the cadre access system and strictly control political security. Disciplinary inspection and supervision cadres must be loyal, firm, responsible, law-abiding, honest and clean, and have the basic conditions to perform their duties.
Article 62 Disciplinary inspection and supervision organs shall strengthen the political, ideological and organizational construction of the Party, highlight its political functions and strengthen its political guidance. The investigation team has full members three A temporary party branch should be set up if the number of people is more than, to strengthen the education, management and supervision of the members of the examination and investigation team, to carry out policy and theoretical study, to do a good job in ideological and political work, to find problems in a timely manner, to criticize and correct them, and to play the role of a fighting fortress.
Article 63 Disciplinary inspection and supervision organs should strengthen the construction of the style of the cadre team, establish a good image of abiding by laws and regulations, strict discipline, in-depth style, solid work, modesty and prudence, and impartial discipline enforcement, and firmly refrain from formalism, bureaucracy, the idea of privileges, and rude mouth, bossing around, and constantly improve the ideological and political level and the ability to grasp policies, Build a contingent of discipline inspection and supervision cadres that the Party can rest assured and the people can trust.
Article 64 Where a discipline inspection and supervision cadre inquires about a case, interposes in a case, or intercedes, the trustee shall report to the leader of the examination and investigation team and the main person in charge of the supervision, inspection, and investigation department, 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.
Article 65 The challenge system shall be strictly implemented. If the person conducting the examination, investigation and trial is a close relative of the investigated person or the informant, a witness or an interested person in the case, or there are other circumstances that may affect the impartial examination, investigation and trial, he shall not participate in the relevant examination, investigation and trial, and shall take the initiative to apply for withdrawal. The investigated person, the informant and other relevant personnel also have the right to request him to withdraw. The withdrawal system shall be strictly implemented in the selection of seconded personnel, carers and review places.
Article 66 If the review and investigation team needs seconded personnel, they shall generally be selected from the review and investigation talent pool, and the discipline inspection and supervision organ shall organize the department to go through the formalities. One case, one loan shall be implemented, and the secondment shall not be repeated consecutively. Strengthen the management and supervision of seconded personnel, and the review and investigation team will write the identification after the secondment. Secondment units and party members and cadres shall not interfere in the post adjustment, post promotion and other matters of seconded personnel.
Article 67 The supervision and discipline enforcement personnel shall strictly implement the confidentiality system, control the scope and time of knowing the matters of the examination and investigation work, and shall not privately retain, conceal, consult, extract, duplicate or carry the problem clues and case related materials, and shall not disclose the examination and investigation work.
Members of the examination and investigation team shall use special mobile phones, computers, electronic devices and storage media during their work, implement numbering management, and take back the examination after the examination and investigation.
Encrypting facilities shall be used to report the case and transmit the materials for examination and investigation, and special personnel shall be assigned to carry the file materials.
Article 68 After leaving their posts and leaving their posts, the relevant confidential personnel of the discipline inspection and supervision organs shall abide by the provisions on the management of the declassification period, strictly perform their confidentiality obligations and shall not disclose relevant secrets.
Supervise the resignation and retirement of discipline enforcement personnel three During the year, they are not allowed to engage in professions related to discipline inspection, supervision and judicial work that may cause conflicts of interest.
Article 69 The discipline inspection and supervision organ shall be able to conduct the whole conversation under control. Do a good job in risk assessment, medical security, safety precautions and emergency response plans before talking ; During the interview, timely study and judge the content of the interview and the changes of the case, and if serious duty violations and duty crimes are found and it is necessary to take retention measures according to the Supervision Law, the retention measures shall be taken in a timely manner ; Before the end of the conversation, do a good job in the ideological work of the interviewee, hand over to the relevant units or personnel according to the procedures after the conversation, and do a good job in tracking and returning visits.
Article 70 The safety responsibility system shall be established and improved. The main person in charge of the supervision, inspection and investigation department and the leader of the inspection and investigation team shall be the first person responsible for the safety inspection and investigation. The inspection and investigation team shall designate a special person to act as the safety officer. If a safety accident occurs to the investigated person twenty-four Report to the Central Commission for Discipline Inspection level by level within hours to guide public opinion in a timely manner.
In case of serious safety accidents or serious violations of disciplines and laws, the main person in charge of the provincial discipline inspection and supervision organ shall make a self-criticism to the Central Commission for Discipline Inspection, and report it to the Central Commission for Discipline Inspection, and hold it accountable.
The case supervision and management department shall organize and carry out regular inspections and irregular spot checks, report problems found in a timely manner and urge rectification.
Article 71 Party committees of relevant regions, departments and units shall be contacted by discipline inspection and supervision cadres beyond their authority ( Party group ) The person in charge, who keeps clues privately, runs errands and leaks air, violates safety and confidentiality regulations, accepts requests, intervenes in the review and investigation, uses cases to seek personal gains, handles personal favors, insults, beats, scolds, maltreats, corporal punishment or corporal punishment in disguised form, collects evidence in violation of laws and regulations, intercepts and misappropriates, misappropriates the property involved in the case, accepts banquets and property and other acts, and seriously handles them in accordance with regulations and disciplines ; If it is suspected of violating the law or committing an official crime, it shall be investigated for legal responsibility according to law.
Article 72 Disciplinary inspection and supervision organs shall be held seriously accountable if they neglect their duties and responsibilities in maintaining the discipline of supervision and discipline enforcement.
Article 73 If there are major mistakes in the handling of cases, and disciplinary inspection and supervision cadres are suspected of serious violations of discipline or duty violations or duty crimes, "one case and two investigations" shall be carried out, which shall not only investigate the direct responsibility, but also seriously investigate the responsibility of relevant leaders.
Establish a quality responsibility system for handling cases, and implement lifelong accountability for those who abuse their power, neglect their duties and cause serious consequences.
Chapter X Supplementary Provisions
Article 74 Provinces ( Autonomous regions and municipalities directly under the Central Government ) The Party Committee, the Central Committee and the working committees of state organs may, in accordance with these Rules and in combination with the actual work, formulate detailed rules for implementation.
The Central Military Commission may, in accordance with these Rules, formulate relevant provisions.
Article 75 The discipline inspection and supervision team and the discipline inspection and supervision working committee dispatched by the discipline inspection and supervision commission shall implement the relevant provisions of the Party Central Committee and the Central Commission for Discipline Inspection in addition to these Rules.
The discipline inspection and supervision institutions of state-owned enterprises and institutions shall implement these Rules in light of actual conditions.
Article 76 The Central Commission for Discipline Inspection shall be responsible for the interpretation of these Rules.
Article 77 The Rules are from two thousand and nineteen year one month one Effective from. two thousand and seventeen year one month fifteen The Rules for the Supervision and Enforcement of Discipline by the Discipline Inspection Organ of the Communist Party of China issued by the Central Commission for Discipline Inspection in Japan ( Trial implementation ) 》It shall be abolished at the same time. In case of any inconsistency between the previous regulations on supervision of discipline enforcement by discipline inspection and supervision organs and these Rules, these Rules shall prevail.
Source: Xinhua News Agency
