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An Important Support for "Accountability" —— Interpretation of "Accountability Regulations of the Communist Party of China" Series III

Source: China Discipline Inspection and Supervision Date: 2016-07-27 Clicks:

7 12 ,备受瞩目的湖南省长沙市岳麓区观沙岭街道非法拆除房屋致人死亡责任事故,有了调查结果和处理决定。 On July 12 , the high-profile accident caused by death caused by illegally demolished houses in Guanshaling Street, Yuelu District, Changsha City, Hunan Province, resulted in an investigation result and a decision to deal with it.

在这起事故的处理决定中,不仅直接责任人被立案侦查,而且包括岳麓区委书记、区长、区纪委书记等在内的区领导也被追责,分别受到相应的纪律处分。 In the decision to deal with this accident, not only the person directly responsible was filed for investigation, but the district leaders including the Yuelu District Party Secretary, District Chief, and District Disciplinary Committee Secretary were also held accountable and subject to corresponding disciplinary actions. 岳麓区委、区政府也被责成作出深刻检讨,并在全市通报。 The Yuelu District Party Committee and the District Government were also instructed to make an in-depth review and report it throughout the city.

作为全面从严治党的重要抓手,问责可谓推动责任落实的“撒手锏”。 As an important starting point for administering the party in a strict and comprehensive manner, accountability can be said to be a “sandwich” to promote the implementation of responsibilities. 而在实际操作中,“怎么问”则是个中关键,也是“问好责”的重要支撑。 In practice, "how to ask" is the key, and it is also an important support for "accounting for responsibilities." 新近印发的《中国共产党问责条例》,坚持失责必问、问责必严的原则,在第七条分别规定了对党组织和党的领导干部的问责方式。 The newly issued "Accountability Regulations of the Communist Party of China" adheres to the principles of accountability for failure to accountability and strict accountability. Article 7 sets out the accountability methods for party organizations and party leaders.

根据这一条规定,对党组织的问责方式包括检查、通报、改组3种,对党的领导干部的问责方式包括通报、诫勉、组织调整或者组织处理、纪律处分4种。 According to this provision, there are three types of accountability methods for party organizations, including inspection, notification, and reorganization, and four types of accountability methods for party leaders: notification, admonition, organizational adjustment or organizational treatment, and disciplinary action. 其中,诫勉包括谈话诫勉和书面诫勉,组织调整或者组织处理包括停职检查、调整职务、责令辞职、降职、免职等措施。 Among them, the admonishment includes talk admonitions and written admonitions, and organizational adjustments or organizational treatments include measures such as suspension inspections, adjustments, resignations, demotions, and removals.

据《条例》起草组有关负责人介绍,这些问责方式,均在党内法规中有明确规定、在实践中经常使用,是对现有规定中问责方式的规范,体现了务实管用、简便易行的立法精神。 According to the relevant person in charge of the drafting group of the "Regulations", these accountability methods are clearly stipulated in party regulations and are often used in practice. They are the norms of accountability methods in the existing regulations, which reflect practical and convenient Easily legislative spirit.

2015 11月,因多名市级领导干部违纪违法,湖南省临湘市委书记黄俊钧受到党内严重警告处分,并被调离工作岗位。 In November 2015, Huang Junjun, secretary of the Hunan Provincial Party Committee of Linxiang City, was severely warned by the party and was removed from work due to violations of discipline and laws by many city-level leaders.

2016 5月,因濮水河、马颊河河水污染问题在社会上造成不良影响,河南省濮阳市委常委会研究决定,责令市住建局、城市管理局、水利局、环保局主要负责同志在新闻媒体上向全市人民公开道歉。 In May 2016, due to the adverse social impact of water pollution in the Laoshui River and the Maqihe River, the Standing Committee of the Puyang Municipal Committee of Henan Province studied and decided to order the main responsible comrades of the Municipal Housing and Urban Construction Bureau, Urban Management Bureau, Water Resources Bureau and Environmental Protection Bureau in the news. The media publicly apologized to the people of the city.

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翻看以往的问责案例,细心者不难发现,各地问责方式五花八门、标准不一。 Looking at the past accountability cases, it is not difficult for the attentive person to find that there are various ways and standards of accountability in different places.

据统计,在现有与问责有关的100多部党内法规制度中,共有14种问责方式。 According to statistics, there are 14 ways of accountability in the existing more than 100 intra-party regulations and systems related to accountability. 零散的规定导致问责随意性大、尺度不一等一系列问题,影响了问责的严肃性和可操作性。 Scattered regulations lead to a series of problems such as large randomness and different scales of accountability, which affect the seriousness and operability of accountability.

“这就迫切需要推动问责方式的规范化、程序化、制度化。”中国政法大学副校长马怀德教授表示,《条例》的出台有效解决了这一问题,有助于提高问责的执行性和精准度,推动责任更好地落到实处。 "There is an urgent need to promote the standardization, proceduralization, and institutionalization of accountability." Professor Ma Huaide, vice president of China University of Political Science and Law, said that the promulgation of the "Regulations" effectively solved this problem and helped improve the implementation of accountability and Accuracy promotes better accountability.

值得注意的是,根据《条例》第七条第三款规定,这些问责方式可以单独使用,也可以合并使用。 It is worth noting that according to Article 7, paragraph 3 of the Regulations, these accountability methods can be used individually or in combination.

仔细研读相关条款会发现,实践中经常使用的行政问责、追究刑事责任等方式,并未出现在《条例》之中。 A careful study of the relevant provisions will reveal that the methods of administrative accountability and criminal responsibility often used in practice do not appear in the Regulations.

对此,《条例》起草组有关负责人表示,作为全面从严治党的利器、党内问责的基础性法规,《条例》突出党纪特色,通篇党言党语、纪言纪语,不套用法言法语,对行政问责已有事项不再重复规定,对引咎辞职、涉嫌犯罪移送司法已有明确规定和程序的,也不再重复规定。 In this regard, the relevant person in charge of the drafting group of the "Regulations" stated that as a basic tool for comprehensively administering the party strictly and a basic statute for accountability within the party, the "Regulations" highlight the characteristics of party discipline, and the entire party and party language, and discipline, French is not used, there are no more repeated provisions on administrative accountability, and there are clear rules and procedures for resignation and transfer of suspected crimes to justice.

“这是坚持纪严于法、纪在法前,实现纪法分开的题中应有之义,再次体现了党中央在管党治党方面的理念创新。”马怀德说。 "This is the proper meaning of insisting that discipline be stricter than the law, that discipline be in front of the law, and that the discipline be separated from the law, which once again reflects the party's central party's ideological innovation in managing the party." Ma Huaide said.

遵循“坚持依规治党、实现纪法分开”的制定原则,不论是对党组织的问责方式,还是对党的领导干部的问责方式,都呈现由轻到重的“惩戒阶梯”式分布。 Following the formulation principle of "adhering to the rule of the party and separating discipline from law", whether it is the way of accountability of party organizations or the way of accountability of party leaders, there is a light-to-heavy "punishment ladder" style distributed.

全国党的建设研究会特邀研究员汪洋表示,这体现了《条例》第三条规定的“惩前毖后、治病救人”的问责原则,与监督执纪“四种形态”有异曲同工之妙,彰显了抓早抓小、动辄则咎的精神,是对各级党组织和党的领导干部的最大爱护。 Wang Yang, a specially invited researcher of the National Party Construction Research Association, said that this reflects the principle of accountability of "penalizing the front and the back, curing the disease, and saving people" stipulated in Article 3 of the Regulations. The spirit of catching up early and being blameless is the greatest care for party organizations and party leaders at all levels.

当然,纪严于法、纪法分开,绝不意味着在问责方面,纪律和法律将完全割裂开来。 Of course, strict discipline is separate from law, which does not mean that in terms of accountability, discipline and law will be completely separated.

马怀德告诉记者,如被问责对象涉嫌犯罪,可依照《中国共产党纪律处分条例》第三十条“党员受到党纪追究,涉嫌违法犯罪的,应当及时移送有关国家机关依法处理”的规定办理。 Ma Huaide told reporters that if the person to be held responsible is suspected of a crime, it can be handled in accordance with the provisions of Article 30 of the "Disciplinary Measures of the Communist Party of China", "Party members are held accountable by the party, and those suspected of violating crimes shall be promptly transferred to relevant state organs for handling according to law."

除了惩前毖后、治病救人外,《条例》第三条还对“依规依纪、实事求是”的原则作出了明确规定。 In addition to punishing the front and the back, treating the disease and saving people, Article 3 of the Regulations also clearly stipulates the principle of "according to regulations and discipline, seeking truth from facts".

“依规治党,必然要求依规依纪开展问责;实事求是,是党一贯坚持的基本工作方针。”汪洋表示,党的问责工作是严肃的政治任务,必须牢牢把握这一原则,是哪一级的责任就追究到哪一级,该采取什么问责方式就采取什么问责方式,做到宽严适度,避免畸轻畸重。 "Administering the party in accordance with regulations necessarily requires accountability in accordance with regulations and discipline; seeking truth from facts is the basic working principle that the party has always adhered to." Wang Yang said that the party's accountability work is a serious political task and we must firmly grasp this principle. Which level of responsibility is pursued to which level, and which accountability method should be adopted, and accountability methods should be adopted to achieve leniency and moderateness and avoid lightness and weight. (本报记者张磊) (Reporter Zhang Lei)

 

 

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