The Regulations on Disciplinary Actions for State owned Enterprise Management Personnel have been promulgated, with strict management and supervision, as well as encouragement of accountability, as a continuous approach
2024-06-07
Recently, the Regulations on Disciplinary Actions against State owned Enterprise Management Personnel (hereinafter referred to as the Regulations) were officially announced. State owned enterprises shoulder important responsibilities in accelerating the construction of a new development pattern and promoting high-quality development, and play an important role in serving and safeguarding the national development strategy, preventing and resolving major economic and financial risks. Strengthening the construction of the management team of state-owned enterprises and strengthening comprehensive supervision is crucial for deepening the reform and upgrading of state-owned enterprises, and advancing the modernization of the governance system and capacity of state-owned assets and enterprises. The Central Committee of the Communist Party of China and the State Council attach great importance to the supervision and management of state-owned enterprise managers. According to the deployment, the Ministry of Justice, the State owned Assets Supervision and Administration Commission of the State Council, and the Ministry of Finance have conducted in-depth investigations and research, extensively soliciting opinions from relevant central units, local people's governments, and central and local state-owned enterprises. Based on public solicitation of opinions, they have repeatedly studied and revised the draft Regulations. On April 26, 2024, the Executive Meeting of the State Council approved the draft of the Regulations. Adhering to the leadership of the Party and strengthening Party building is the "root" and "soul" of state-owned enterprises. The Regulations adhere to the principle of the party governing cadres. Article 3 clearly stipulates that the punishment of state-owned enterprise managers should adhere to the leadership of the CPC, adhere to the principle of the party governing cadres, strengthen the construction of the management team of state-owned enterprises, and promote the high-quality development of state-owned enterprises. As a supporting administrative regulation of the Law on Administrative Punishments for Public Officials, the Regulations adhere to the principle of disciplinary action in accordance with the law, and sort out and collect the relevant provisions scattered in current laws, administrative regulations, and relevant documents of the Party Central Committee and the State Council regarding the legal responsibility of leaders and responsible personnel of state-owned enterprises. On the basis of maintaining consistency with the Law on Administrative Punishments for Public Officials, the Regulations further refine the application of illegal acts and disciplinary actions of state-owned enterprise managers, and make specific provisions on the procedures and appeals for disciplinary action. It is worth noting that for the illegal behavior of public officials, the Law on Administrative Punishments for Public Officials stipulates that administrative sanctions shall be imposed by supervisory organs, and sanctions shall be imposed by appointment and removal organs and units. Government disciplinary action and disciplinary action are essentially the accountability of illegal public officials, with the main difference being that the subject of implementation is different: the disciplinary action taken by the supervisory authority is government disciplinary action; Disciplinary actions are taken by the organs and units responsible for the appointment and removal of state-owned enterprise management personnel. The first and second rounds of the 20th Central Committee's inspections conducted routine inspections on a total of 57 state-owned enterprises. From the feedback from inspections and the investigation and handling of cases in recent years, there are still some prominent problems in the field of state-owned enterprises. The Regulations adhere to a problem oriented approach, focus on the frequent occurrence of violations of discipline and law in the operation and management of state-owned enterprises, clarify the bottom line and red line, and strive to promote comprehensive and systematic governance. For example, the Regulations concretize the provisions of Chapter 3 of the Law on Administrative Penalties for Public Officials on violating political requirements, organizational procedures, integrity requirements, salary management systems, engaging in or participating in profit-making activities in violation of regulations, infringing on the legitimate rights and interests of service recipients or social public interests, and violating work requirements into 51 illegal situations, and clarify corresponding penalties. Adhere to a strict tone without wavering. The Regulations fully reflect the implementation of the integrated promotion of the policy of not daring to corrupt, not being corrupt, and not wanting to corrupt, and the strategic deployment of deepening the anti-corruption struggle of state-owned enterprises. It not only sets a bottom line for the behavior of state-owned enterprise managers, but also requires the appointment and removal organs and units of state-owned enterprise managers to strengthen daily supervision, resolutely investigate and hold illegal activities accountable, strengthen the deterrent effect, and continuously release strong signals of comprehensive and strict measures. Strict management, supervision, and encouragement of accountability are inherently unified. The report of the 20th National Congress of the Communist Party of China clearly proposes to adhere to the combination of strict management and benevolence, strengthen comprehensive management and regular supervision of cadres, implement the "three distinctions", and encourage cadres to dare to take responsibility and actively act. The Regulations implement the spirit of the 20th National Congress of the Communist Party of China and the second and third plenary sessions of the 20th Central Commission for Discipline Inspection, and combine strict management with kindness, incentives and constraints in terms of disciplinary principles, disciplinary application, disciplinary procedures, and encouraging responsible actions. They promote the creation of a positive, healthy, and entrepreneurial political environment, and better stimulate the enthusiasm, initiative, and creativity of state-owned enterprise managers. For example, in terms of disciplinary principles, it is stipulated that disciplinary actions should adhere to fairness and impartiality, and be decided through collective discussion; Adhere to the combination of leniency and severity, and combine punishment with education; Adhere to the principle of the rule of law, based on facts and laws, and protect the legitimate rights and interests of state-owned enterprise managers and related personnel in accordance with the law. In terms of disciplinary application, the requirement of distinguishing the three can be transformed into a situation of lenient or mitigated punishment, and it is stipulated that errors caused by lack of experience or trial and error in promoting the reform of state-owned enterprises can be given lenient or mitigated punishment. In terms of disciplinary procedures, if it is found during the investigation that state-owned enterprise managers have been falsely reported, falsely accused, framed, insulted or defamed due to their lawful performance of duties, resulting in adverse effects, the appointment and removal authorities and units shall promptly clarify the facts, restore their reputation, and eliminate adverse effects in accordance with regulations. In terms of encouraging accountability, it is stipulated that the appointing and dismissing organs and units should treat and use punished state-owned enterprise managers correctly and reasonably in accordance with relevant national regulations, adhere to the principle of respecting incentives and supervision constraints, and create a good environment for work and entrepreneurship. (Lai Xin She)
Edit:Wangchen Responsible editor:Chenjie
Source:https://jjjcb.ccdi.gov.cn
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