Background of the formulation of the "Disciplinary Regulations" and the brief drafting process
w88 slot are an important concentration of all kinds of talents in my country, an important field to enhance our country's comprehensive national strength, an important base for implementing the strategy of building a country through science and education, and a main carrier for providing public welfare services in economic and social development and an important force for my country's socialist modernization construction. There are many staff members in w88 slot and are widely distributed.
2006year1month15930_59732008Year5Create and improve a system for punishing and preventing corruption issued by the central government in 6029_6051|2008-20126110_61822008year6On the Implementation of the "Establishing and Improving a System for Punishment and Prevention of Corruption issued by the Central Commission for Discipline Inspection in 20182008-20126328_6491
Main content of the "Disciplinary Regulations"
The "Party Regulations" Total48items,6600Yu characters are divided into general provisions, types and applications of disciplinary acts, their applicable disciplinary actions, their applicable disciplinary authority and procedures, their disciplinary termination, review and appeal, and the seven appendix.
(I) Applicable Objects and Special Regulations
At present, the reform of the personnel system of w88 slot is being comprehensively and steadily promoted. Taking into account the characteristics and actual situation of w88 slot, Article 2, Paragraph 1 of the "Performance Regulations" stipulates that if staff of w88 slot violate laws and discipline and should bear disciplinary responsibilities, they shall be punished in accordance with the "Performance Regulations".
Article 106 of the Civil Servants Law stipulates: "Staff members other than workers and staff in w88 slot authorized by laws and regulations shall be managed in accordance with this Law after approval." According to this provision, staff members with w88 slot authorized by laws and regulations with public affairs management functions may be subdivided into two types: one is staff members who are approved to be managed in accordance with the Civil Servants Law (referred to as "Public Management"); the other is staff members who are not managed in accordance with the Civil Servants Law (referred to as "Not-Public Management"). Given that the responsibilities and disciplinary requirements of the first type of public management personnel are not much different from the civil servants of administrative agencies, so20078285_8466
According to Articles 2 and 50 of the Administrative Supervision Law, the supervision objects are divided into four categories: one is the state administrative organs and their civil servants, the second is the personnel appointed by the state administrative organs, the third is the personnel engaged in official affairs in organizations with public affairs management functions authorized by laws and regulations, and the fourth is the personnel engaged in official affairs in organizations entrusted by the state administrative organs to engage in public affairs management activities in accordance with the law. The following three types of personnel in w88 slot belong to the supervision targets: one is the staff of w88 slot appointed by administrative agencies; the second is the staff of w88 slot with public affairs management functions authorized by laws and regulations (this type of supervision target is divided into two types: public management and non-public management, and Article 2, paragraph 2 of the "Disciplinary Regulations" has made special provisions on personnel participating in public affairs management); the third is the staff of w88 slot entrusted by state administrative agencies to engage in public affairs management activities in accordance with the law.
(II) Disciplinary Principles
Article 3 of the "Party Regulations" stipulates the disciplinary principles for staff of w88 slot. These principles are: the principle of fairness and fairness; the principle of combining education with punishment; the principle of adapting to misunderstandings; the principle of clear facts, conclusive evidence, accurate qualitativeness, appropriate handling, legal procedures, and complete procedures.
(III) Types of disciplinary measures and their application
Article 5 of the "Punishment Regulations" divides the types of punishment into four types: warning, demerit, reduction of position level, dismissal and dismissal, which are inconsistent with the six types of punishment applicable to civil servants: warning, demerit, serious demerit, demotion, dismissal and dismissal. Main considerations: First, it is to match the personnel management system of w88 slot.
About the consequences of the disciplinary action, Articles 7 and 8 of the "Disciplinary Actions" make clear provisions. If a staff member of a public institution is warned and demerited, he shall not hire positions higher than the current position level during the period of punishment; if he is subject to a reduction in the position level, he shall be employed by more than one position level, and he shall not hire positions higher than the position level after the punishment during the period of punishment; if he is expelled, his personnel relationship with the public institution shall be terminated.
(IV) Illegal and Disciplinary Violations and Their Applicable Discipline
If staff of public institutions violate laws and disciplines and cause losses to the national interests, public interests or the legitimate rights and interests of others, they must bear disciplinary responsibilities. According to the actual situation and research on the disciplinary measures of staff of public institutions in recent years, Chapter 3 of the "Police Regulations" classifies the violations of laws and disciplines of staff of public institutions in accordance with violations of political discipline, violations of work discipline, dereliction of duty, violation of integrity in employment discipline, violation of financial discipline, violation of professional ethics and violation of social morality, and summarizes them64Synonyms and discipline violations, corresponding types and levels of punishments are set for each type of behavior, so that the punishments are more specific and operational.
Among them, specific provisions have been made for the acts that receive overseas funding to engage in activities that harm national interests or endanger national security, as well as the acts that violate organizational and personnel discipline in personnel management such as public recruitment and w88 slot, the acts that violate professional ethics, such as plagiarism, plagiarism, embezzlement of other people's academic achievements, and their applicable punishments.
One is to accept overseas funding to engage in activities that harm national interests or endanger national security and their applicable disciplinary action. In practice, under the banner of foundations, research associations, and workers' associations, individual overseas organizations fund institutions and personnel in relevant domestic fields to engage in activities such as stealing state secrets and disrupting social order that harm national interests or endanger national security in the name of international cooperation.
The second is acts that violate organizational personnel discipline and their applicable punishments. In recent years, behaviors such as "carrot recruitment" in public institutions that violate organizational and personnel discipline have occurred frequently, and the social response has been relatively strong.
Third is the act of receiving "red envelopes" in official activities or work and its applicable punishment. The so-called "red envelope" refers to the act of receiving gifts, various securities, and payment vouchers in official activities or work.
Fourth, academic corruption and other serious violations of professional ethics and their applicable punishments. Unlike civil servants in administrative agencies, a considerable number of staff in w88 slot are engaged in social welfare undertakings such as education, scientific research, culture, medical care and health care, and their activities often have special requirements in professional ethics.
(V) Punishment on staff of w88 slot sentenced to prison
According to Article 22, Paragraph 1 of the "Police Regulations": "If a staff member of a public institution is sentenced to a criminal punishment in accordance with the law, he shall be given a punishment of lowering his position or dismissal or above. Among them, if he is sentenced to fixed-term imprisonment or above in accordance with the law, he shall be given a punishment of dismissal." At present, the direction of reform of w88 slot being promoted is to focus on retaining w88 slot engaged in public welfare services, gradually revoke or transfer w88 slot that undertake administrative functions and w88 slot engaged in production and operation activities, and formulate the "Police Regulations" to punish staff members of public institution violations in general, which is lenient than civil servants and stricter than the labor management of enterprises. Staff members of w88 slot whose subjective malice are not very subjective and who are sentenced to less than fixed-term imprisonment and who are sentenced to less than fixed-term imprisonment, may, in accordance with the principle of "punishing the past and preventing the future, curing the disease and saving the patient", and in accordance with the above provisions, be given a punishment of lowering the position level or dismissing or above in accordance with the above provisions. Those who are sentenced to more than fixed-term imprisonment in accordance with the law shall be expelled.
In addition, for the staff of w88 slot appointed by administrative agencies, the appointment and removal of their positions is different from those of ordinary w88 slot, and the requirements are stricter, and the punishment intensity should be consistent with civil servants. Therefore, Article 22, Paragraph 2 of the "Police Provisions" stipulates: "If staff of w88 slot appointed by administrative agencies are sentenced to a criminal punishment in accordance with the law, they will be expelled."
(VI) Permissions and procedures for disciplinary action
According to Article 23 of the "Police Regulations", warnings, demerits, lowering positions, or dismissals shall be decided by the public institution or the competent department of the public institution in accordance with the authority of cadre and personnel management. Among them, if it is decided by a public institution, it shall be filed with the competent department of the public institution.
According to Article 24 of the "Disciplinary Regulations", the procedures for the disciplinary action of the appointing and removal agency to the staff of w88 slot include: preliminary investigation, filing a case, investigating evidence, forming a written investigation report, listening to the statements and defenses of the staff of the w88 slot under investigation, and making decisions to impose punishment, exemption of punishment or revoke the case in accordance with the authority of the disciplinary decision, notification and announcement, filing, etc. The disciplinary decision shall take effect from the date of its making.
In addition, Chapter 4 of the "Peripation Regulations" also makes clear provisions on the avoidance system, case handling period, etc.
(Seven) Disciplinary Execution
Chapter 5 of the "Party Regulations" clearly stipulates the conditions for lifting the punishment, the approval procedures and the consequences of lifting the punishment. Unlike the lifting of punishment for civil servants in administrative agencies, Article 33 of the "Police Regulations" stipulates the early lifting of punishment system, that is, "If staff of w88 slot have made significant meritorious contributions during the period of punishment, and if individuals are given merit or above rewards in accordance with relevant regulations, they can be lifted in advance after approval." This is because the nature of work in w88 slot varies greatly, and the personnel management of w88 slot is more flexible. It stipulates that staff of w88 slot can be lifted in advance, which is conducive to encouraging the punished personnel to correct their mistakes and work harder.
Original link:
http://www.ccdi.gov.cn/djfg/fgsy/201309/t20130926_46358.html
