Business Forum | how to establish a "blacklist" system for bribers

2021-12-15

In September this year, the Central Commission for Discipline Inspection and the State Supervision Commission jointly issued the opinions on further promoting the investigation of bribery and bribery together with relevant units, which clearly proposed the establishment of a "blacklist" system for bribers. Article 207 of the regulations for the implementation of the supervision law of the people's Republic of China stipulates that the units and personnel involved in bribery shall be recorded in the relevant information records as required, which can be used as the basis for credit evaluation. Combined with the case handling practice, the author discusses some views on how to establish the "blacklist" system of bribers and improve the related punishment system. Participating units should be comprehensive. To establish a "blacklist" system of bribers, it is not enough to rely solely on the discipline inspection and supervision organs, because the subject identity of bribers is relatively complex. Existing units offer bribes, including state-owned and collectively owned companies, enterprises and institutions, as well as legally established joint ventures, cooperative enterprises and wholly-owned and private enterprises with legal personality; There is also bribery by natural persons, including public officials and non-public officials, which needs to be investigated and dealt with by multiple departments. Discipline inspection and supervision organs should give full play to their leading role and jointly organize personnel, political and legal organs, judicial organs, market supervision and management, development and reform, housing and urban-rural construction, financial supervision, finance and taxation and other relevant units to participate in order to form a working situation of joint management. The division of responsibilities should be clear. As the leading unit, discipline inspection and supervision organs at all levels are responsible for coordinating and guiding the establishment of the "blacklist" system of bribers in their respective administrative regions. First, do a good job in the division of internal responsibilities to ensure the implementation of the work. It is not only necessary to clarify the establishment subject of the "blacklist" of bribers, the query authority enjoyed by the operation and maintenance department, units and individuals, but also to formulate the operation process, unified data collection, query, maintenance and application feedback process, etc. Second, clarify the work responsibilities of participating units to prevent buck passing. We should strengthen the top-level design and overall planning of the system construction, determine their respective responsibilities in combination with the actual situation, not only make the system construction "grounded", but also compact the work responsibilities, so as to ensure the effectiveness of the "blacklist" system of bribers. The management platform should be unified. The "blacklist" system of bribers should be implemented through a certain carrier to facilitate public inquiry to the society. First, establish a briber database and implement dynamic account management. We can first establish a briber database at the provincial level to include "hunting" leading cadres, enterprises and individuals with bribery in the "blacklist". After that, a national unified and interconnected "blacklist" query platform for bribers will be established to punish bribers without dead ends. Second, data entry should be complete and comprehensive to avoid omission. The information of bribers (including natural persons and units) suspected of bribery crimes and punished by discipline inspection and supervision organs for Party discipline and government affairs shall be uniformly entered into the "blacklist", so as to realize the hierarchical and classified entry of information and ensure the accuracy and integrity of data. Data information should be shared. After establishing the briber database, we should use big data technology to open, share and update the database information in real time, break the information barriers of industries and departments, and realize the interconnection of data and information. Through the real-time sharing of information, increase the construction of briber database and the application of achievements, and effectively connect the Briber "blacklist" system with cadre appointment, enterprise market access, administrative punishment, etc. Joint punishment should be matched. Participating units should perform their respective duties and responsibilities, strengthen cooperation and cooperation, and form a joint force to punish bribery. First, all units shall, according to the information of the briber and the relevant provisions of departments, industries and fields, clarify the prohibition, procedures and time limit, and punish the briber according to law and regulations in terms of government procurement, bidding, administrative examination and approval, government support, financing and credit, market access, qualification identification, etc. Second, if public officials, deputies to the National People's Congress and members of the Chinese people's Political Consultative Conference are included in the "blacklist" of bribers, they should not only notify their units and relevant departments to organize and deal with them, but also inform the credit investigation institution of the briber's information, which will be recorded by the credit investigation institution in its credit investigation system, so as to strive to create a social atmosphere of "one bribe and multiple restrictions", Improve the comprehensive efficiency of controlling bribery. (Zhang Jianfeng, Shanghai Songjiang District Commission for Discipline Inspection and supervision) (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:Website of the State Commission for Discipline Inspection of the CPC Central Committee

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