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How to draft disciplinary facts
来源: Tag: Clean breeze 时间:2021.08.06 Number of page views: 2471

The Party Constitution stipulates that the facts and materials on which the decision on disciplinary action is based and the decision on disciplinary action must be met with the person in question to hear his or her explanation and defense。The Regulations on the protection of the rights of Party members stipulate that the factual materials on which the treatment and punishment are based shall meet with the person。The disciplinary facts shall meet with the person being examined,Listen to the explanation and defense of the person being examined,It is a necessary procedure for discipline inspection organs to conduct discipline review,It is conducive to further check the facts of the violation of discipline of the person under review,To ensure the quality of supervision and enforcement work,It is also an important measure to protect the rights of the person being examined,The following issues need to be noted in drafting disciplinary facts。

First, the title should be accurate and standardized。During the period from the 13th CPC National Congress to the 14th CPC National Congress, the Central Commission for Discipline Inspection issued a number of individual Party disciplinary regulations, all of which referred to violations of Party discipline as mistakes, and the 1997 Party Disciplinary Regulations (for trial implementation) also referred to violations of Party discipline as mistakes。Article 33 of the Regulations on Case Inspection of the Discipline Inspection Organs of the Communist Party of China, which came into force on May 1, 1994,"The investigation team shall write the identified wrong facts into wrong facts materials and check with the person under investigation.",It also called the factual materials based on the disciplinary action against party members "erroneous factual materials".,In accordance with the provisions and requirements of the party regulations at that time。The Party Discipline Regulations of 2003 did not refer to various disciplinary violations as mistakes but as acts,Subsequent intra-party regulations have expressed factual materials as disciplinary facts,For example, the Central Commission for Discipline Inspection issued the "Opinions on the disciplinary facts materials of the Central Commission for Discipline Inspection and the Supervision Department of the self-handled case to meet with me (trial)" (referred to as the "Opinions (trial)") is expressed as the disciplinary facts materials,The work rules of supervision and enforcement also adopt the expression of "factual materials"。The title of the disciplinary facts materials is related to the standardization and institutionalization of the discipline inspection and supervision work, and the title of the factual materials that meet and check with the examined person in practice should be standardized as "×× (comrade) disciplinary facts materials", which can not be expressed as "wrong facts materials" and "disciplinary facts meeting materials"。

Second, the elements should be complete and complete。According to the Rules for the Implementation of the Regulations on Case Inspection of the Discipline Inspection Organs of the Communist Party of China, the contents of the false facts materials checked with the person under investigation shall include: the main false facts, the nature of the mistake and the responsibility of the person under investigation。According to the provisions, the facts of the violation of discipline materials mainly include the main facts of the violation of discipline, the nature of the violation of discipline and responsibility。In order to further regulate the work of meeting the facts of disciplinary violations with the person under review, the "Opinions (Trial)" issued by the Central Commission for Discipline Inspection stipulates that the content of the facts of disciplinary violations with the person under investigation should include the resume of the person under investigation, the main facts of disciplinary violations and responsibilities。Based on the above intra-Party regulations, the complete disciplinary facts materials should include the resume of the person under review, the main disciplinary facts, the nature and responsibility of the disciplinary behavior。Due to the identification of the nature of the violation of discipline, the facts of the violation of discipline materials should generally list the provisions of the Party discipline punishment regulations violated by the violation of discipline。In practice, if there are more types of disciplinary violations of the person under review, the disciplinary facts materials can be drafted separately according to the types of disciplinary violations stipulated in the Party Discipline Punishment Regulations, and the resume of the person under review can only be written on the first disciplinary facts materials, and other disciplinary facts materials can be marked "×× resume (omitted)".。

Third, the content should be objective and comprehensive。The drafting of disciplinary facts materials should first ensure that the content is objective, and can not omit the key links of disciplinary facts or separate a complete disciplinary violation and meet with the examined person to check。At the same time, it is necessary to establish a comprehensive awareness of evidence, after the end of the case review, the collected evidence should be analyzed and studied, not only to review the evidence of suspected violations of discipline, but also to review the evidence of no violations of discipline, and find the internal connection between the evidence and the facts of violations of discipline。If a fact is only a unilateral account of the examined person, and there is no other evidence to corroborate it, in accordance with the provisions, the fact can not be identified as a violation of discipline, should not be written into the violation of discipline facts。If only the person under review confides that he has illegally accepted gifts from others, although the gift can be explained in writing by the person under review and registered and handed over according to regulations, it is difficult to identify it as a violation of discipline according to the existing evidence, and this fact should not be included in the facts of the violation of discipline。

Fourth, the facts should be closely related to the essentials。The constitution of violation of discipline plays an important guiding role in the concrete practice of enforcement of discipline, and the identification of the nature of violation of discipline is essentially a judgment of the conformity of the constitutive elements。From the perspective of the composition of disciplinary violations, any behavior to constitute a violation of discipline, must have two basic elements of violation and responsibility, that is, must have the party discipline regulations and other internal laws and regulations, such as acts, objects, results and other elements of responsibility, such as intent, negligence, responsibility。The main part of the disciplinary facts materials is closely related to the elements of the violation and the elements of responsibility. The writing of this part must be closely related to the elements of the violation of discipline, and clearly describe the main facts of the violation to be used as the basis for punishment, including the time, place, motive, circumstances, means and consequences of the violation of discipline by the person under review。The subjective aspects of the perpetrator are different, which may constitute different disciplinary acts or even crimes。Such as the violation of discipline by relatives and specific related persons in accepting property as provided in the second paragraph of Article 85 of the Regulations on Party Discipline, the subjective aspect of the violation of discipline can only be negligence, that is, the Party cadres engaged in public service do not know that their relatives and other specific related persons have accepted property from others。According to the provisions of judicial interpretation, if a state functionary takes advantage of his power or position to seek benefits for others, and knows that his relatives and specific related persons accept property from others, this is the act of bribery。Even if the state staff only knows afterwards that the specific person involved has accepted property from others, if it has not been returned or handed over, it shall be regarded as bribery。In the drafting of such disciplinary facts, the focus should be on the subjective aspects of the perpetrator, such as whether the person under review knows that the spouse and other specific parties accept the other party's property, and the facts unrelated to the elements of the violation of discipline generally do not need to be written into the disciplinary facts。


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