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What are the six types of monitoring objects?
(a) China * * * production party organs, people's congresses and their standing committees, people's governments, supervisory committees, people's courts, people's procuratorates, organs of the China People's Political Consultative Conference at all levels, organs of democratic parties and organs of the Federation of Industry and Commerce, as well as personnel managed by reference to the Civil Service Law of People's Republic of China (PRC);
Personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs according to law to manage public affairs;
(3) managers of state-owned enterprises;
(four) personnel engaged in management in public education, scientific research, culture, medical and health, sports and other units;
(6) Other persons who perform public duties according to law.
This article is about the scope of supervision.
The main purpose of this article is to determine the full coverage of state supervision to all public officials exercising public power in the form of law.
The "Decision of the Central Committee on Several Major Issues of Comprehensively Advancing the Rule of Law" adopted by the Fourth Plenary Session of the 18th CPC Central Committee proposed that we should focus on standardizing and restraining public power and strengthen supervision. According to China's Constitution, all power of the people and the state of China belongs to the people. Public power is the general name of state power or public power, and it is the mandatory dominant force for specific subjects to exercise public affairs management for the purpose of safeguarding public interests as stipulated by laws and regulations. Marx and Engels pointed out that all public officials must "work under the supervision of the public", which "can reliably prevent people from pursuing promotion and wealth" and "pursuing their own special interests". Lenin pointed out in "State and Revolution": "Without exception, all public officials are bound by a comprehensive electoral system and can be replaced at any time, and their wages are reduced to the level of ordinary workers' wages. "Classic Marxist writers emphasize that the power in the hands of public officials is not a private thing, but a duty entrusted by the people. If we want to use the power in our hands to serve the people, we are all "public servants" when we are public servants. The scope of supervision is all public officials who exercise public power. Public officials exercise public power and perform public duties in the economic, political and social life of the country. The key to judge whether a person is a public official depends on whether he exercises public power and performs official duties, not whether he has public office.
Punishing corruption with a zero-tolerance attitude is a clear political stance of China's * * * production party, and it is the aspiration of the party and the people. It must always be promoted under the unified leadership of the CPC Central Committee. At present, the situation of the anti-corruption struggle is still severe and complicated. Compared with the requirements of building a clean and honest party style and fighting against corruption, the previous administrative supervision system and mechanism has a prominent problem of too narrow supervision scope. Before the reform of the national supervision system, the inner-party supervision has achieved full coverage, but according to the provisions of the Administrative Supervision Law, the administrative supervision targets are mainly administrative organs and their staff, and all public officials who exercise public power have not yet achieved full coverage. In our country, the party's management of cadres is an important principle of upholding the party's leadership. As the ruling party, our party not only manages the training, promotion and use of cadres, but also educates, manages and supervises cadres. It must deal with cadres who violate laws and disciplines and investigate and deal with corruption of cadres and other public officials in party member. The object of supervision determined by the supervision law conforms to the political system and cultural characteristics of our country, and embodies the pertinence and operability of the system.
This article stipulates six types of monitoring objects.
First, civil servants and public administrators.
The first item of this article refers to civil servants and managers who participate in public affairs, and it is the key point and key point among the objects of supervision. According to the provisions of the Civil Service Law, a civil servant refers to a staff member who performs public duties according to law, is included in the state administrative establishment, and his salary and welfare are borne by the state finance. It mainly includes eight categories:
1. China * * * civil servants. Including: (1) leaders of party committees and disciplinary committees at the central and local levels; (two) the central and local party committees working departments, offices and agencies staff; (3) Staff of organs and agencies of the Central and Local Commission for Discipline Inspection; (four) street, township Party committee staff.
2. Civil servants of the National People's Congress and its Standing Committee. Including: (1) leaders of people's congresses at or above the county level, chairmen and vice-chairmen of township people's congresses; (2) Staff of the working bodies and offices of the Standing Committees of people's congresses at or above the county level; (three) the staff of the offices of the special committees of the people's congresses at all levels.
3. Civil servants of the people's government. Including: (1) leaders of people's governments at all levels; (two) the staff of the departments and agencies of the people's governments at or above the county level; (3) functionaries of the people's governments of townships and towns.
4. Civil servants of the supervisory committee. Including: (1) members of the board of supervisors at all levels; (two) the internal organs of the supervisory committees at all levels, the staff of the supervisory organs and the supervisory personnel.
5. Civil servants of people's courts. Including: (1) judges and trial assistants of the Supreme People's Court and local people's courts at all levels; (2) Judicial administrative personnel of the Supreme People's Court and local people's courts at various levels.
6. Civil servants of the People's Procuratorate. Including: (1) prosecutors and procuratorial assistants of the Supreme People's Procuratorate and local people's procuratorates at all levels; (2) Judicial administrative personnel of the Supreme People's Procuratorate and local people's procuratorates at various levels.
7. Civil servants of committees at all levels of China People's Political Consultative Conference. Including: (1) leaders of committees at all levels of China People's Political Consultative Conference; (two) the staff of the working bodies of the committees at all levels of the China Municipal People's Political Consultative Conference.
8. Civil servants of the democratic parties and the Federation of Industry and Commerce. Including the Central and Local Committees of the Revolutionary Committee of the Chinese Kuomintang, the Central and Local Committees of the China Democratic League, the China Democratic National Construction Association, the China Association for the Promotion of Democracy, the China Democratic Party of Peasants and Workers, the china zhi gong party, the Jiu San Society, the Taiwan Democratic Self-government League and other units.
There is a strict legal procedure for determining the identity of civil servants. Only after the approval and filing procedures of the relevant authorities, registration, employment or transfer, can they be determined as civil servants.
The personnel who are managed according to the Civil Service Law of People's Republic of China (PRC) refer to those who are authorized by laws and regulations to manage public affairs of institutions other than ground staff according to the provisions of the Civil Service Law and are approved to manage according to the Civil Service Law. For example, the China Securities Regulatory Commission is a public institution managed with reference to the Civil Service Law. Incorporation into the scope of reference to the Civil Service Law should be examined and approved in strict accordance with the prescribed conditions, procedures and authority.
Second, laws and regulations authorize or state organs entrust the management of public affairs.
The second paragraph of this article refers to the personnel engaged in public affairs in organizations authorized by laws and regulations or organizations entrusted by state organs according to law, mainly referring to other institutions that manage public affairs except public management, such as the staff of the CDC. In China, public institutions are numerous and widely distributed. Due to historical and national conditions, in some places and fields, the number of staff in public institutions authorized by laws and regulations or entrusted by state organs even exceeds that of civil servants. Because these people also exercise public power, to achieve full coverage of state supervision, they must be included in the scope of supervision, supervision, investigation and disposal by the supervisory organs.
The third is the managers of state-owned enterprises.
The third provision of this article refers to the operators of state-owned enterprises. According to the relevant regulations and practical needs, the managers of state-owned enterprises as the objects of supervision are mainly members of the leading bodies of wholly state-owned enterprises, state-controlled enterprises (including wholly state-owned financial enterprises and state-controlled financial enterprises) and their branches, including the chairman, vice-chairman, directors, general manager, deputy general manager, party secretary, deputy secretary, secretary of discipline inspection commission and chairman of trade unions of enterprises with boards of directors. General manager (president), deputy general manager (vice president), secretary of Party committee, deputy secretary, secretary of discipline inspection commission, chairman of trade union, etc. A business without a board of directors. In addition, the middle and grass-roots managers of state-owned assets management also include department managers, deputy department managers, directors, deputy directors and workshop leaders. Personnel who work in important positions such as state-owned property management and supervision, including accountants and cashiers; Leaders of institutions affiliated to state-owned enterprises, persons in charge of the operation and management of state-owned assets in state-owned capital-sharing enterprises and financial institutions should also be understood as managers of state-owned enterprises. The supervisory organ may investigate the suspected illegal acts and duty crimes according to law.
The fourth is the management personnel of public education, scientific research, culture, medical and health care, sports and other units.
The fourth provision of this article refers to the management personnel of public education, science, culture, health and sports units. Personnel engaged in management work in public education, scientific research, culture, medical and health care, sports and other units are mainly members of the leadership team of the unit and its branches, as well as state staff in the unit and its branches, such as principals and vice presidents of public schools, presidents and directors of scientific research institutes, presidents and vice presidents of public hospitals, etc.
Middle-level and grass-roots managers in public education, scientific research, culture, medical and health care, sports and other units and their branches, including staff in management positions above level 6 and other staff engaged in management affairs related to their functions and powers; Personnel working in important positions such as the management and supervision of state-owned property, including those in accounting, cashier, procurement, infrastructure and other departments, are suspected of taking advantage of their positions to commit crimes, and the supervisory organ may investigate them according to law. In addition, the supervisory organ can also investigate the duty violations and duty crimes committed by members who are temporarily engaged in management affairs related to their functions and powers, such as the bid evaluation committee established according to law, the negotiation team in competitive negotiation procurement, and the inquiry team in inquiry procurement.
Fifth, people who are engaged in management in grass-roots mass autonomous organizations.
Item 5 of this article refers to the personnel engaged in management in grass-roots mass autonomous organizations. As the object of supervision, the personnel engaged in management in grassroots mass autonomous organizations include the directors, deputy directors, members and other entrusted management personnel of villagers' committees and residents' committees. According to the interpretation of relevant laws and legislation, "engaged in management" here mainly refers to: (1) managing disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief funds and materials; (two) the management of social welfare donations; (three) the management of state-owned land; (4) Management of land acquisition compensation; (5) Collecting and paying taxes; (6) related to family planning, household registration and conscription; (seven) to assist the people's government and other state organs to manage other work of grassroots mass autonomous organizations.
Sixth, other personnel who perform public duties according to law.
The sixth item of this article is the bottom clause. In order to prevent the list of the monitored objects from being incomplete and avoid omission, the supervision law has set this bottom line clause. However, the interpretation of "other persons who perform public duties according to law" cannot be expanded indefinitely. The criterion for judging whether "persons who perform public duties" belong to the object of supervision is mainly whether they exercise public power, and whether they are suspected of violating the law or committing crimes by taking advantage of their duties that damage the integrity of public power.
It should be noted that the specific personnel of public education, scientific research, culture, medical and health care, sports and other units belong to management personnel and need to be continuously improved with the development of practice.
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