Pay close attention to the implementation of the Ombudsman Law: a new starting point and a new benchmark
2022-01-04
The law of the people's Republic of China on supervisors shall enter into force as of January 1, 2022. Adhering to the positioning of the "responsibility law", adhering to the purpose of serving the people wholeheartedly, adhering to the people-centered development thought, and building the supervisor system with Chinese characteristics is another important institutional achievement of promoting the integration of dare not corrupt, can not corrupt and do not want to corrupt, which further enriches the national anti-corruption legislation. The discipline inspection and supervision commission of Yuanhui District, Luohe City, Henan Province has taken measures such as counseling, centralized learning and collaborative grouping learning, organized learning of the law of the Ombudsman in various forms, guided discipline inspection and supervision cadres to establish the awareness of the rule of law, the thinking of the rule of law, and improved their ability to perform their duties. The picture shows that recently, discipline inspection and supervision cadres in the district studied and discussed the law of supervisors. Photo by you Yahui How to standardize and promote supervisors to perform their duties according to law and constantly polish the glorious title of supervisors given by the party and the people? How to build a supervision and restriction system for supervisors to ensure that supervisors correctly exercise their supervision power and become a benchmark for Discipline and law-abiding? The law on supervisors is a law of responsibility, which focuses on standardizing and promoting supervisors to perform their duties according to law and building a team of high-quality and professional supervisors "The management and supervision of supervisors adhere to the leadership of the Communist Party of China", "adhere to the principle of the party managing cadres", "be loyal to the constitution, adhere to the leadership of the Communist Party of China and the socialist system"... Adhering to the leadership of the Communist Party of China is the main line running through the supervisor law. Upholding and strengthening the party's leadership is not only the fundamental purpose and guarantee of deepening the reform of the national supervision system, but also the primary principle that must be adhered to in the implementation of the supervisor system. As an anti-corruption work organization, adhering to and strengthening the party's leadership is not only reflected in the performance of supervision, investigation and disposal, but also in the construction of the team. Li Li, vice president of the National Institute of supervision of China University of political science and law, believes that the law on supervisors will integrate the party's leadership into all aspects of supervisors' due diligence, selection, appointment and removal, management and supervision, which will effectively promote supervisors to enhance "four awareness", strengthen "four self-confidence", achieve "two maintenance", and give full play to the role of supervision, ensuring implementation and promoting sound development, Provide a strong guarantee for steadily promoting high-quality development. Adhere to the statutory duties and ensure the performance of duties according to law. When performing the two duties of Party Discipline Inspection and state supervision, discipline inspection and supervision cadres must correctly exercise their power in accordance with regulations and disciplines and in accordance with the law. The law on supervisors adheres to the positioning of "responsibility law", focuses on standardizing the performance of supervisors according to law, and concretizes, institutionalizes and legalizes the requirements for the performance of supervisors. In terms of content, Article 1 of the general provisions puts forward that "in order to strengthen the management and supervision of supervisors and ensure that supervisors perform their duties according to law", which is one of the main purposes of formulating the law on supervisors. Article 4 emphasizes that "supervisors shall be loyal and firm, responsible, honest and clean, and set an example of strict self-discipline, good style, resisting corruption and preventing degeneration". Article 5 clearly states that "supervisors shall safeguard the dignity and authority of the Constitution and the law, take facts as the basis, take the law as the criterion, perform their duties objectively and fairly, and protect the legitimate rights and interests of the parties", which highly summarizes the overall requirements for supervisors to perform their duties. The key to promoting the high-quality development of discipline inspection and supervision in the new era is to build a high-quality and professional team of discipline inspection and supervision cadres. The law on supervisors fully implements the requirements of excellent politics and high skills, and stipulates the conditions, selection, assessment and training of supervisors, which provides a legal guarantee for the construction of a high-quality and professional team of supervisors. Discipline inspection and supervision organs emphasize that the law of the Ombudsman is a law of responsibility. Fujian Provincial Commission for Discipline Inspection held an enlarged meeting of the Standing Committee (the affairs committee of the provincial supervision commission) to study and implement the law on supervisors, and proposed to adhere to the word "responsibility" and continue to promote the high-quality development of discipline inspection and supervision in the new era with a high sense of responsibility and mission. When studying the law of the Ombudsman, discipline inspection and supervision cadres in Henan Province said that as a special law regulating the management and supervision of the Ombudsman, the requirements of the law of the Ombudsman for supervision work are higher and more detailed. We should fully recognize the sacred responsibility entrusted to discipline inspection and supervision cadres by the party and the people, perform their duties according to law with higher standards and correctly exercise the power of national supervision. Take supervision as the top priority, clarify the power boundary, strictly enforce the internal control mechanism, strengthen self-discipline and external supervision, and promote supervisors to correctly exercise their supervisory power according to law Strengthening the strict supervision of supervisors is the top priority of the law on supervisors. The law on supervisors emphasizes the strict supervision of supervisors throughout the law. Chapter VII stipulates "supervision and punishment of supervisors", emphasizes the need to strengthen the supervision and restriction of supervisors, and requires supervisors to adhere to democratic centralism in the process of performing their duties, strictly abide by the examination and approval authority and legal procedures, standardize the work flow, establish and improve the supervision and restriction mechanism, and consciously accept supervision from all aspects, Ensure the correct operation of power on the track of rule of law. In the supervision of discipline inspection and supervision organs, the first is the supervision of Party organizations. In work practice, the Commission for Discipline Inspection and supervision has continuously improved the dual leadership system for Discipline Inspection and supervision, promoted the establishment and improvement of systems for Party committees to regularly study and judge the situation of the anti-corruption struggle, grasp the political ecology, listen to reports of major cases, established and improved systems and mechanisms such as request for instructions and reports, strictly fulfilled various approval procedures and procedures, and promoted the standardized operation of the whole chain and whole process of discipline inspection and supervision, Concretize the party's centralized and unified leadership over anti-corruption work from the organizational form and decision-making procedures to ensure that the Party firmly grasps the leadership of the anti-corruption struggle. Discipline inspection and supervision organs must consciously accept external supervision. In 2020, the State Supervision Commission will report special work to the Standing Committee of the National People's Congress for the first time, earnestly implement the deliberation opinions, formulate guiding opinions, and promote local supervision commissions to report special work to the Standing Committee of the National People's Congress from top to bottom, in accordance with laws and regulations, in a safe and orderly manner. In April 2021, the Beijing Municipal Supervision Commission reported special work to the Standing Committee of the Municipal People's Congress for the first time. By the end of November, all 31 provincial, autonomous regional and municipal supervision commissions had reported special work to the Standing Committee of the National People's Congress at the same level. Improve the internal control mechanism, tighten the institutional cage, and build a strict supervision and restriction system. The Central Commission for Discipline Inspection and the State Supervision Commission formulated the provisions on the reporting and accountability of the staff of the Central Commission for Discipline Inspection and the State Supervision Commission to inquire about, intervene in the supervision, inspection, review and investigation work and ask for the violation of regulations, so as to set up a "high-voltage line" and build a "firewall" for the staff of the Central Commission for Discipline Inspection and the State Supervision Commission; Study and formulate the disciplinary norms for the handling of cases by the review and investigation team, issue the "ten prohibitions" for the review and investigation staff of the Central Commission for Discipline Inspection and the State Supervision Commission, and strengthen the effective supervision of key posts and important personnel; Print and distribute the opinions on strengthening the supervision of discipline inspection and supervision cadres in the new era, and strengthen the guidance, supervision, demonstration and guidance of the supervision of discipline inspection and supervision cadres throughout the country; The regulations on the management of property involved in cases of discipline inspection and supervision organs were issued, which made comprehensive and systematic provisions on the transfer, custody, handling and supervision of property involved in cases. Standardize the work flow and strengthen the construction of internal supervision and restriction mechanism. The law on the Ombudsman stipulates specific supervision measures such as inquiring about the facts of the case, intervening in the case, intercession intervention, registration and filing, work avoidance, confidentiality, resignation avoidance, regulating the employment of relatives, and defines the legal responsibilities that the Ombudsman should bear for violating discipline and law. Discipline inspection commissions at all levels have established and improved the coordination and restriction mechanism of internal work departments and the case quality evaluation mechanism, established the registration and filing system for inquiring about cases, asking about cases and intercession intervention, refined the duty performance avoidance system and confidentiality system, and built a strict and detailed power supervision and control mechanism. In December 2021, the Commission for Discipline Inspection and supervision of Heilongjiang Province formulated the measures for the report and accountability of the staff of discipline inspection and supervision organs of the province on cases of inquiry, intercession intervention and illegal intervention, listed the specific situations of cases of inquiry, intercession intervention and illegal intervention, put forward corresponding measures and effectively strengthen the self-supervision of discipline inspection and supervision organs. From top to bottom, prudently and steadily, actively promote the implementation of the law on supervisors in accordance with laws and regulations Deepening the reform of the national supervision system is an important deployment to implement the spirit of the 19th CPC National Congress and improve the party and state supervision system. It is an important reform to promote the modernization of the national governance system and governance capacity. We must adhere to the top-down, prudent and prudent, and implement the law on supervisors according to law and regulations. Discipline inspection and supervision organs at all levels earnestly study, understand and guide their work, fully understand the significance of formulating and implementing the law on supervisors, and strive to grasp the core essence. The law and Regulation Office of the Central Commission for Discipline Inspection and the State Supervision Commission prepared the guidance on the study of the law of the people's Republic of China on the Ombudsman, which explained in simple terms the significance, spiritual essence, core meaning and article connotation of the law, and helped the majority of discipline inspection and supervision cadres to deeply study, understand and implement the law. Carry out all staff training and strengthen capacity-building. Innovate training concepts, ideas, methods and methods, highlight actual combat training, and carry out full staff testing. The supervision committee of Jiangxi Provincial Commission for Discipline Inspection held the "special training course for the province's discipline inspection and supervision system to study and implement the spirit of the Sixth Plenary Session of the 19th CPC Central Committee and newly issued laws and regulations", and invited comrades from the law office of the Central Commission for Discipline Inspection and the State Supervision Commission to deeply interpret laws and regulations such as the law on the Ombudsman and the regulations on the implementation of the supervision law. More than 10000 discipline inspection and supervision cadres in the province participated in the training at the same time. Chongqing Municipal Commission for Discipline Inspection and supervision took the special study of the supervisor law as an important content of deepening the training of all staff, and synchronously opened it to the grass-roots discipline inspection and supervision institutions by means of "main venue + branch venue" video connection, with a total of more than 4300 participants. Through in-depth study and training, the majority of discipline inspection and supervision cadres have realized that the formulation and implementation of the law on supervisors is an inevitable requirement for adhering to and strengthening the party's leadership over supervision, an important measure to deepen the reform of the national supervision system, an important guarantee to promote supervisors to perform their duties according to law, and a practical need for building a team of high-quality professional supervisors. In strict accordance with the requirements of the law on supervisors, we must promote the supervision and prevention of corruption in the way of thinking and ruling by law, so as to ensure the standardized and correct exercise of the power of discipline and law enforcement; We must constantly improve our own political judgment, political understanding and political execution, improve the level of professional supervision, discipline enforcement and law enforcement, and be a loyal defender of the party and the people with excellent politics and skills; We must consciously accept the party's leadership and supervision, accept supervision from all aspects according to law, ensure that power is strictly constrained, and strive to be a benchmark for observing discipline and law. To standardize the rule of law, regularize the construction of power management and governance, and help the high-quality development of discipline inspection and supervision *** The essence of standardizing, legalizing and regularizing discipline inspection and supervision is to empower, limit and exercise power according to the party constitution, party rules, Party discipline and constitutional laws and regulations, and promote supervision and prevent corruption in the way of thinking and rule of law. From voting to passing the supervision law, to printing and distributing the rules for the supervision and enforcement of discipline by the discipline inspection organs of the Communist Party of China, the provisions for the supervision and enforcement of law by the supervision organs, and the rules for the handling of accusations by the discipline inspection and supervision organs, Since the 19th CPC National Congress, under the strong leadership of the CPC Central Committee, the discipline inspection and supervision law has been continuously strengthened and a number of landmark, key and basic laws and regulations have been issued, Putting forward strict requirements for Discipline Inspection and supervision cadres to carry out their work in accordance with regulations and laws is an important way to promote standardization, rule of law and normalization
Edit：Luo yu Responsible editor：Jia jia
Source：Website of the State Commission for Discipline Inspection of the CPC Central Committee
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