How to correctly understand the 24-character processing policy of discipline inspection and supervision organs ta00 162

1983 held the first working conference on case trial in CPC Central Commission for Discipline Inspection in July, and put forward the requirements of "clear facts, conclusive evidence, accurate qualitative analysis, proper handling and complete procedures" for the first time, and made clear provisions in the "Provisions on Workpieces for Case Trial" issued by 1987. In February 2003, the second plenary session of CPC Central Commission for Discipline Inspection added the requirement of "legal procedures" on the basis of handling cases. These six sentences and twenty-four words are an organic whole, which complement each other, are interrelated, restrict each other and are indispensable. If any link is ignored, it is difficult to ensure that all the cases handled are irrefutable evidence. The first question, the facts are clear. What's the truth? Facts are the essence of events. Specifically, the facts include the following seven aspects: (1) people. The characters are all those involved in disciplinary cases. On the one hand, they include the subject of disciplinary errors, on the other hand, they also include some objects and other related personnel infringed by disciplinary errors. Need to find out the name (name must be accurate), gender, age (date of birth), nationality, address, time of joining the party, position (especially within the party), identity, professional title, etc. What goes wrong here may have an impact. As an individual, it is not appropriate for you to demote the party concerned if he is a career cadre, because the salary of a career cadre is only graded, not graded, so we can't demote him administratively (2) when and where. Although time and place are not important elements of violation of discipline, they are time and space elements of violation of discipline. There is no element of time and place, or the time and place are wrong, and the facts of violation of discipline can sometimes not be identified. (3) disciplinary measures. The means of violating discipline is a specific method adopted by the violator to achieve a certain goal. Means is the core content of disciplinary facts, an important basis for judging the nature of disciplinary actions, and sometimes an important plot to consider when measuring disciplinary actions. Whoever asks for bribes shall be given a heavier or heavier punishment. (4) the plot. Plot refers to the specific facts, consequences, influences and the attitude of the disciplinary personnel in the process of the occurrence, development and end of the disciplinary behavior. Including the basic facts and circumstances that constitute the necessary conditions for violation of discipline. (5) Motivation and purpose. Motivation is the internal reason that urges the actor to engage in a certain behavior. The purpose is the result that the actor hopes to get when he carries out a certain behavior. Both of them are based on and meet the needs of actors. (6) consequences. The consequence is the harm caused by the violation of discipline to the object it infringes. The consequence of violation of discipline is one of the important factors to determine the social harmfulness of violation of discipline, and it is also an important factor to determine the severity of punishment, and sometimes it is the standard to determine whether it constitutes violation of discipline. (7) Responsibilities of relevant personnel. The responsibility of the relevant personnel is the responsibility of all personnel who are responsible for the occurrence, development and social harm caused by the violation of discipline. (China's "Regulations on Disciplinary Actions of the Production Party" stipulates that responsibilities are divided into direct responsibilities, major responsibilities and important responsibilities. In view of the clear facts, let's look at a case: in July 2009, a case was transferred to a township commission for discipline inspection. The basic situation is that Fan, the secretary of a village branch in this town, collected a forestry fine of 6,644 yuan in February 2004 when he cooperated with the township government to carry out forestry inventory work. From February 2004 to March 2006, for such a long time, only the violator himself knew the purpose and destination of the money best. During the investigation, our investigators only talked to the client once about the use and destination of the money. At that time, people only said "I have money here", and with such a simple sentence, the case was characterized as "misappropriation of public funds". After the preliminary examination, the judge found that the facts of this mistake were unclear and asked to return it for a new investigation. At that time, the case handlers did not understand! Today, we might as well review this wrong clause-Article 94 of the Party's Disciplinary Regulations stipulates: Party and state workers or those entrusted with the management and operation of state-owned property, taking advantage of their positions, misappropriate public funds for personal use, engage in illegal activities, or engage in profit-making activities, and if they fail to pay them back for more than three months, if the circumstances are minor, they will be given a warning or a serious warning; If the circumstances are serious, he shall be dismissed from his post within the Party or be placed on probation; If the circumstances are serious, he shall be expelled from the party. Those who misappropriate party dues, social security funds and funds for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and epidemic prevention shall be given a heavier or heavier punishment in accordance with the provisions of the preceding paragraph until they are expelled from the party. Misappropriation of public funds for personal use for less than three months, but the amount is relatively large, shall be handled in accordance with the provisions of this article. As can be seen from the above provisions, the wrong behavior of misappropriating public funds is as follows: ① misappropriating public funds for personal use and engaging in illegal activities. Misappropriation of public funds for personal use and profit-making activities. (3) misappropriating public funds for personal use and failing to pay them back for more than three months. According to the three types of this mistake, from the existing materials, the facts have not been ascertained, which can not reflect the type of Fan's behavior, let alone qualitative treatment. The second question is that the evidence is conclusive. Here I will talk about four contents: 1, what is evidence, 2, basic requirements for collecting evidence, 3, principles for using evidence, 4, four problems that should be paid attention to in using evidence, 1, and what is evidence means that all the facts of a case can be proved. Discipline inspection and supervision evidence refers to all the facts that can prove the true situation of party and government discipline cases. The "facts" mentioned here include two parts, one is the facts themselves, such as physical evidence and documentary evidence. The other part is the reflection of objective facts, such as witness testimony, victim statement, audited statement, expert conclusion, etc. , is a reflection of objective facts in the human brain or a written material that reflects objective facts. Common evidences include: ① physical evidence; 2 documentary evidence; 3 witness testimony; (4) audio-visual materials; (5) the statement of the infringed; 6. Statement of the inspected party; (8) Expert conclusions; ⑧ Inspection record; Pet-name ruby on-site inspection record. 2. Basic requirements for collecting evidence First, collecting evidence must be legal; Second, the collection of evidence must be objective and comprehensive. Third, the collection of evidence must be timely, thorough and meticulous. For example, in September 2009, the trial room accepted the case of "Ma, secretary of a village branch, falsely reported the area of returning farmland to forests and defrauded the state subsidy for returning farmland to forests". In the case file, the investigation team did not collect the relevant list of forest land area reported by the village, confirming that Ma falsely reported the area of water conservation forest; Nor did it investigate the forestry department's report on forest land, forest land acceptance and village fund allocation; At the same time, in terms of evidence, let's look at three pieces of evidence: (1) On June 2, 2009, Ma's transcript showed that another 8.5 mu was appropriated by the Forestry Bureau and temporarily credited to my account, but I didn't get the subsidy of 8.5 mu, which was managed by the village. (2) A copy of the temporary receipt of 4,692 yuan from the village accountant obtained by the investigation team on June 65438+6, 2009; (3) On June, 2009 16, Zhang, a village accountant, made a statement asking whether the actual mu number of Malin land was the same. The answer is different. The number of acres on the roster is 8.5 acres more than the actual number of acres. The situation is that the forest land we reported to the Forestry Bureau at that time was 90 mu, and the Forestry Bureau gave my village 98.5 mu, and the extra 8.5 mu was tied to the horse's account. Ask who received the 8.5 mu forest subsidy. A: At the beginning of 2009, when the village uniformly distributed forest subsidies, I deducted 4692 yuan from the forest subsidies of Ma Group. At that time, Ma said that you had to go through the withholding formalities for this part of the money, so I went through the formalities for him. This 8.5-mu subsidy of 4,692 yuan was uniformly distributed and used by the village, and was uniformly distributed after the protection forest subsidy came back in 2009. I asked you that Murakami reported 90 mu, why did the Forestry Bureau give you 98.5 mu? I don't know. In this case, Ma objected to the wrong facts identified by the investigation team, and the investigation team could not produce sufficient evidence to prove that Ma had made a false report. The evidence in this case is not sufficient, objective, thorough and detailed, and the conclusion is not unique. The trial did not find that Ma falsely reported the funding problem of water conservation forest project. 3. The principle of using evidence (1) doubtful evidence cannot be finalized; (2) Pay attention to the evidence and don't trust the confession; (3) There should be no contradiction between the evidences; (4) The evidence is sufficient and the conclusion is unique; (5) Use the principle of indirect evidence to finalize the case. 4. We should pay attention to four issues in the work of using evidence: First, whether the obtained evidence is legal. The second is whether the evidence is related to the facts of the case. The third is the authenticity of the evidence. In view of the authenticity of the evidence, I will tell you a case: On June 20 10, a township commission for discipline inspection submitted a corruption case against Chen Mou, a member of the village committee and leader of the villagers' group. The evidence in the case shows that on February 3, 20 10, Chen Mou took back the poverty alleviation materials (200 kilograms of rice, 200 kilograms of edible blending oil and 20 boxes of instant noodles) allocated by the township government office to the villager group Liu Moumou. In the evidence, Chen Mou's explanation is very consistent with the relevant evidence. However, we can objectively analyze and think about it. What is the concept of giving a family 200 Jin of rice and 200 Jin of blended oil? Chen Mou used it all for personal consumption. Can his own family eat 200 Jin of rice and 200 Jin of blended oil for four months? We believe that there are problems with the facts and evidence of the case, so we directly tried the case and found that the investigation team put pressure on the parties. The fourth is whether there are contradictions between the evidences. There shall be no contradiction between the facts of the case and the evidence, and if there is any contradiction, it shall be reasonably excluded. Therefore, in handling a case, we must find the contradictions in the evidence in time and solve them through analysis, appraisal or further collection of evidence. How to examine whether there are contradictions between evidences is analyzed from the following three aspects: ① whether there are contradictions in a certain evidence itself. It is necessary to pay attention to whether the content or form of the analysis evidence may appear under the specific local conditions at that time, that is, whether there is contradiction between the evidence and the specific local conditions at that time, and whether the evidence before and after analysis is consistent. For example, if a briber admits to giving the briber 5000 yuan for the first time and the evidence is overturned for the second time, it is necessary to make a concrete analysis, including starting to reflect the purpose of the problem, or the briber is forced to overturn the evidence under the pressure of relevant parties during the investigation. (2) Whether there is contradiction between evidence and evidence, we should pay attention to analyzing whether there is contradiction between the confession of the co-defendant, the statements of the parties and witnesses, the testimony of different witnesses, the confession of the auditee and the statement of the victim. Analyze whether these confessions and statements are in contradiction with physical evidence, documentary evidence, expert conclusion and investigation record. (3) Whether there is any contradiction between the evidence and the facts of the case. If there is a contradiction between the evidence and the facts of the case, the facts of the case are not inevitable conclusions. Fifth, isolated evidence cannot be finalized. Article 23 of the Regulations on Case Inspection of Disciplinary Inspection Organs in communist party, China stipulates that "there must be reliable and sufficient evidence to identify the wrong facts. Only the narrative of the respondent, without other evidence or verification, cannot be identified. " Article 22 of the "Specific Provisions on the Collection, Identification and Use of Evidence of Disciplinary Cases in party member" stipulates that "only party member's confession under review, without other evidence, the case cannot be finalized". For example, in August 2006, a village accountant transferred by the Commission for Discipline Inspection of a town misappropriated public funds 1 10,000 yuan in the form of false invoicing, and only one party testified (when and where the false invoicing 1 10,000 yuan was issued and when it was reimbursed in the village financial account), and there was no other relevant evidence. How to prove "the act of falsely issuing invoices" only by this evidence? The investigators may think that I have admitted something untrue, and it must be a violation of discipline. However, this does not conform to the principle of finality, that is, "only the account of the respondent, without other evidence or verification, cannot be identified." The key to this case is to extract documentary evidence and witness testimony that can prove the true situation of the case, such as a copy of the invoice for entering the village account and the witness testimony of the invoice source. The third question, qualitative accuracy 1, what is qualitative accuracy 2, what is qualitative accuracy 3, what should be paid attention to in qualitative accuracy 4, qualitative steps 1, what is qualitative accuracy, refers to the essential attribute or main of specific illegal acts in a case on the basis of clear facts and conclusive evidence, in accordance with the principles and policies of the party and the state, laws and regulations, and party and government disciplines. Accurate characterization is the key to correctly handle the problem of violation of discipline. 2. Qualitative and accurate content. First, the qualitative accuracy should be based on clear facts and conclusive evidence; Second, the principles and policies of the party and the state, laws and regulations, and rules and regulations of party discipline and political discipline should be accurate; Third, the nature of the error should conform to the constitutive requirements of violation of discipline. 3. Four Elements of Disciplinary Error ① Object of Disciplinary Error The object of disciplinary error refers to the inner-party relations and social relations protected by disciplinary regulations and infringed by disciplinary action. According to the * * * nature of the direct object of disciplinary errors, the Regulations on Disciplinary Actions divide all disciplinary errors into ten categories, namely, the top ten disciplinary actions we often say: ② The objective aspects of disciplinary errors are stipulated in the Regulations on Disciplinary Actions, which indicate various objective facts that infringe on an object. Simply understood as: the object of violation of discipline is to explain what the violation of discipline has violated, while the objective aspect of violation of discipline is to explain what the object of violation of discipline has violated under what conditions and by what behavior (means). Such as "the act of violating the personal rights of others by violence, threats or other means", "the act of wasting public property" and "the act of embezzling, stealing and defrauding public property by taking advantage of one's position" are all objective aspects of disciplinary mistakes. (III) Subject of Disciplinary Errors The subject of disciplinary errors refers to party member, the production party of China * * *, which has the ability to be responsible and has committed harmful acts, and should bear the party discipline responsibility according to the Regulations on Disciplinary Actions. According to the Regulations on Disciplinary Actions, disciplinary subjects are divided into general subjects and special subjects. (4) Subjective aspect of disciplinary error The subjective aspect of disciplinary error refers to the subject's psychological attitude, disciplinary negligence and disciplinary intention towards its harmful behavior and harmful result. For example, disciplinary mistakes that violate political discipline, organize personnel discipline, and seriously violate socialist morality can only constitute intentional. Most of the disciplinary mistakes of dereliction of duty can only be constituted by disciplinary mistakes. Now, let's take corruption and misappropriation of public funds as an example to see the similarities and differences between these two kinds of mistakes: the disciplinary elements of corruption and misappropriation of public funds: the objects of corruption and misappropriation are the integrity of party and state staff and the ownership of public property, while the objects of misappropriation of public funds are the integrity of party and state staff and the right to possess, use and benefit public funds. Misappropriation of public funds is objectively an act of illegally occupying public property by means of corruption, theft, fraud or other means by taking advantage of his position; Misappropriation of public funds is an act of taking advantage of one's position to misappropriate public funds for personal use. The main body is * * * party member, which is produced by the party and state staff or entrusted to manage and operate state-owned property. Subjectively, misappropriation of public funds is direct and intentional, and there is the purpose of illegal possession of public property, that is, permanent possession; Misappropriation of public funds is also a direct and intentional act. It is illegal to misappropriate public funds knowing that they cannot be misappropriated, and it is intended to be returned later, with no intention of permanent possession. 4. Qualitative step ① Screening the facts of the case. ② Understand the terms of use. Article 45-Article 174 of the Regulations on Disciplinary Actions in China * * * Industry and the Party are all substantive provisions. It is necessary to carefully analyze what kind of disciplinary action the facts of the case selected by the research belong to and what substantive terms are used. For example, Article 16 1 of "Regulations on Disciplinary Actions in Production of * * * in China" stipulates three kinds of mistakes: theft, fraud and extortion-the subjects are all general subjects, that is, * * * with capacity to produce party member; On the object, it infringes on the ownership of public and private finance; Subjectively, they are all direct and intentional; Only the objective performance is different: theft adopts the method of secret stealing, fraud adopts the method of deception, and extortion adopts the method of threat or coercion. (3) Determine the specific name of the actor. The fourth problem, properly handling, is to give appropriate treatment to those who violate the discipline according to the facts, evidence and nature of the discipline, and according to the principles and policies of the party and the state, laws and regulations, and party discipline and discipline. It's six o'clock here. 1. Handle the contents of the package properly: First, on the basis of clear facts and accurate qualitative analysis, the handling of people who make mistakes should be adapted to the nature of the mistakes made and the responsibilities they should bear. Second, mistakes of the same nature and similar situations should be treated with similar severity. Third, several disciplinary mistakes should be merged. 2. the relationship between qualitative and quantitative discipline qualitative and quantitative discipline are two important links in the trial of cases by party organizations and party discipline inspection organs, and also two main problems to be solved in disciplinary regulations. Qualitative is the premise of quantitative discipline, and quantitative discipline is the destination of qualitative. If the quality is not allowed, the quantity and discipline will be improper, and the case will not be handled correctly; If the quality is accurate and the quantity and discipline are improper, the case cannot be handled correctly. Therefore, to handle a case correctly, we should not only accurately determine the nature, but also properly measure the punishment. 3. Discipline principle (1) Discipline must be based on facts. (2) Discipline must be based on the Disciplinary Ordinance. 4, the use of disciplinary circumstances "China * * * Regulations on Disciplinary Actions in Production" stipulates five disciplinary circumstances, namely, aggravated disciplinary circumstances, heavier disciplinary circumstances, mitigated disciplinary circumstances, lighter disciplinary circumstances, and exempted disciplinary circumstances. 5, quantity and discipline system (1) repeated violations of discipline and heavier punishment system. Article 18 of "Regulations on Disciplinary Actions against Production in China" stipulates that repeated violation of discipline refers to intentional violation of discipline that should be punished by party discipline after being punished by party discipline. (2) Combining several wrong systems. Article 25 of China's "Regulations on Disciplinary Actions" stipulates that if a person has two or more disciplinary actions stipulated in the specific provisions of this Ordinance, he shall be punished according to the highest punishment that should be received in several disciplinary actions; Anyone who violates discipline and should be expelled from the party will be expelled from the party. (3) Actively explain the leniency system. Article 39 of the Regulations on Property and Disciplinary Actions within the Party of China stipulates that voluntary confession as mentioned in this Ordinance refers to that party member, who is suspected of violating discipline, confessed his own problems to the relevant organizations before organizing the initial nuclear review, or confessed the problems that the organization did not grasp when conducting the initial nuclear review and investigating his problems. In the process of case preliminary examination and investigation, if party member suspected of violating discipline can cooperate with the investigation and truthfully confess the main facts of his violation of discipline, he may be given a lighter punishment. 6. party member's handling of illegal crimes and other provisions Article 30 of the Regulations on Disciplinary Actions in China * * * stipulates the handling of party member who committed crimes, Article 3 1 stipulates the handling of party member's reeducation through labor according to law, Article 33 stipulates the handling of party member who has been dealt with for violation of law and discipline, Article 35 stipulates the handling of party member who has prepared for violation of discipline, Article 36 stipulates the handling of party member whose whereabouts are unknown, and Article 37 stipulates that, (With regard to the handling of illegal crimes in party member, as long as the contents of Chapters III and IV, namely Articles 30 to 44, are carefully studied) The fifth question, complete procedures, means that when investigating and handling cases that violate party discipline and political discipline, relevant procedures should be handled in accordance with the methods and steps stipulated in the litigation laws and regulations for disciplinary cases. I'll just say two things here: 1. The complete procedure includes two meanings: the procedure for investigating and handling disciplinary cases is clearly stipulated by the rules of procedure such as the Regulations on Case Inspection of Disciplinary Inspection Organs in communist party, China, the Regulations on Trial of Cases, and the Provisions on Trial Procedures; The trial of a case must be conducted in accordance with legal procedures (acceptance, registration, division of labor, trial, supplement, deliberation, conversation, report, formalities, filing and other procedures). 2. Two questions should be paid attention to when handling the formalities: (1) Whether the formalities of the case are complete during the investigation. Whether it is a case of violation of party discipline and political discipline, in the process of investigation, it must go through the procedures of accepting charges, preliminary verification, filing a case, investigation, meeting with myself with false facts, forming an investigation report, and transferring it to trial. Whether the procedures of the case in the inspection process are complete is mainly reflected in whether the transferred materials are complete. In the trial of a case, it is necessary to examine whether the materials are complete, and the case should be handled according to the prescribed procedures during the investigation. (2) The case shall be handled in accordance with the prescribed procedures during the trial. Cases that violate party discipline and political discipline must go through the procedures of acceptance, file review (some of which need supplementary investigation), conversation with the person under review, collective deliberation, approval and disciplinary execution. The sixth question, legal procedures and legal procedures, refers to the investigation and punishment of cases that violate party discipline and political discipline, and should be carried out in strict accordance with the law. Legal procedures are the guarantee for correctly handling cases. Procedural legality is a new requirement based on the basic requirements of "two intersections" in case trial, and it is a concrete embodiment of implementing the general plan of governing the country according to law to ensure the quality of cases. Only by respecting the procedure and strictly following the procedure can the quality of the case be guaranteed. I mainly talk about three problems that should be paid attention to in order to make the procedure legal: ① Problems that should be paid attention to when filing a case for review. First, the filing procedures should be complete and there should be a basis for filing a case; Second, the authority to file a case should be clear; The third is to go through the filing procedures in time; Fourth, the filing documents should be standardized. ② Problems that should be paid attention to in the investigation. First, there must be more than two investigators; Second, in the investigation, whether it is testimony or transcript, the identity of the witness must be clearly written, that is, the basic situation of the person under investigation must be asked clearly and remembered clearly; Third, the investigation must have one person and one certificate, and multiple respondents cannot be written on the same record; Fourth, the clues found in the investigation process should be checked together, and they should not be checked because they have not been reported or the leaders have no instructions; Fifth, the original evidence obtained in the investigation, or the evidence extracted or copied, must be signed and sealed by the original storage unit or individual; The sixth is to collect evidence around the elements of violation of discipline; Seventh, in the process of obtaining evidence, people should not be preconceived, but should be allowed to explain and defend themselves; Eighth, when talking with the respondents, we should make an outline of the conversation in advance, be sure to clarify the purpose of today's conversation, what problems to prove, and take a step-by-step approach and guide step by step. Nine is to form an investigation report, which should be signed in the name of the investigation team. (3) about the wrong factual materials, and I should pay attention to the problems when meeting. First, the expression is vague and inaccurate; Second, the narrative of the facts of violation of discipline is incomplete; Third, the responsibility of disciplinary personnel for mistakes is not stated; Fourth, the wrong factual materials should be signed in the name of "XX investigation team". Fifth, after reading the wrong factual materials, I can't make a targeted explanation for my defense. Facts have proved that "clear facts" is the premise, "conclusive evidence" is the foundation, "accurate characterization" is the key, "proper handling" is the purpose, "complete procedures" is the requirement and "legal procedures" is the guarantee. This is not only the basic requirement for doing a good job in case work, but also the scientific conclusion drawn by our party from summing up historical experience and lessons. Only by handling cases comprehensively according to these requirements can the quality of handling cases be effectively guaranteed.