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【Editor's Note】June 20，The 19th Session of the Standing Committee of the 13th National People's Congress voted to adopt the "Law of the People's Republic of China on Government Punishments for Public Officials" (hereinafter referred to as the "Law on Government Punishments")。This is the first national law since the founding of New China to comprehensively and systematically regulate the disciplinary system for public officials。Which groups does the "Government Punishment Law" apply to?？What content to focus on？People's Daily Online·Communist Party of China News Network has your answer。
1. Why is it necessary to enact the "Governmental Affairs Sanctions Law"?
According to Zou Kaihong, director of the Regulations Office of the Central Commission for Discipline Inspection and the National Supervisory Commission，Before the promulgation of the Government Punishment Law for Public Employees，About the punishment of public officials、Applicable rules、Regulations on procedures and other aspects，Scattered in Civil Service Law、Judge Law、Prosecutor Law、Regulations on Punishment of Civil Servants of Administrative Agencies、Interim Provisions on Punishment of Staff of Public Institutions and Other Laws, Regulations，Lack of unified regulations，Restricted the standardized development of disciplinary work。
"The Government Punishment Law" refers to the current civil servants、Relevant provisions on sanctions for staff of public institutions and party discipline，Summary of practical experience，Principles of government sanctions、Type、Applicable rules、Illegal acts by public officials and the government sanctions they Sky bet sports betting APP sky bet online sports Sky bet football betting APP download should impose、The procedures for government sanctions and the relief procedures for non-compliance with the decision of government sanctions have been specifically stipulated，Comprehensive、Systematically standardizing the government sanctions system，Provide legal basis for supervisory agencies to implement government sanctions。
“The Law on Administrative Punishment for Public Employees is an important part of the party and state’s supervision system。" Tong Weidong, Director of the National Legal Affairs Office of the Legal Affairs Committee of the Standing Committee of the National People's Congress said，This law transforms the content of the party’s disciplinary requirements related to public officials into the legal obligations of public officials，Realize the connection between party discipline and law，Leverage the synergy between party discipline and law，To promote the standardization of government sanctions、Legalization，Achieving comprehensive and strict governance over the Party and government officials，Promote the modernization of the national governance system and governance capabilities，of great significance。
2. To whom does the "Governmental Affairs Sanctions Law" apply?
Article 2 of the "Governmental Affairs Sanctions Law"，This law applies to the activities of supervisory authorities imposing governmental sanctions on public officials who have violated the law。Among them，The "Governmental Sanctions Law" clarifies: public officials refer to the personnel specified in Article 15 of the "Supervision Law of the People's Republic of China"。That is:
Organs of the Communist Party of China、People’s Congress and its Standing Committee Organs、People's Government、Supervisory Committee、People's Court、People’s Procuratorate、Committee organs at all levels of the Chinese People’s Political Consultative Sky bet sports betting APP sky bet online sports betting Conference、Civil servants of democratic parties and industrial and commercial federations，And persons managed with reference to the Civil Servant Law of the People's Republic of China；Law、Personnel engaged in public affairs in organizations authorized by regulations or entrusted by state agencies to manage public affairs in accordance with the law；State-owned enterprise managers；Public education、Scientific Research、Culture、Medical and Health、Personnel engaged in management in sports and other units；Personnel engaged in management in grassroots mass autonomous organizations；Other persons performing public duties in accordance with the law。
Jiang Laiyong, Secretary General of the China Integrity Research Center of the Chinese Academy of Social Sciences, said in an interview with the media，The scope of application of government sanctions is all public officials who exercise public power，means except civil servants in party and government agencies，Compare to Judge、Prosecutor、State-owned enterprise managers、Village cadre、Applicable to managers of public education, science, culture, health and sports units。
3. What is the relationship between government sanctions and punishments?
Introduction by Tong Weidong，Governmental sanctions and punishment systems are divided and combined，No parallelism。
The so-called "combination"，First, in terms of scope of application，Achieving full coverage of public officials。Governmental sanctions and punishments cover the six categories of personnel specified in Article 15 of the Supervision Law。The second is to achieve unification in illegal situations。Appointment and removal authority、The unit may apply the provisions of the "Government Sanctions Law" to make disciplinary decisions。Other laws have special provisions or new provisions，Sky bet sports betting APP Supervisory agencies and Sky bet sports betting APP sky bet online sports betting public officials appointment and removal agencies、Applicable to all units。The third is to achieve unification in categories and applicable rules。
The so-called “point”，One refers to the name，Punishments imposed by supervisory authorities are called government sanctions，Appointment and removal authority for public officials、The punishment imposed by the unit is called punishment。The second is the supervisory authority and the appointment and removal authority of public officials、The unit shall impose governmental sanctions and sanctions on public officials who violate the law in accordance with their management authority，But the same offense against a public official，Do not impose repeated government sanctions and sanctions。
4. Which illegal acts will be punished by government affairs?
The "Government Punishment Law" summarizes the existing laws and regulations on punishment，From Civil Service Law、Judge Law、Under illegal circumstances stipulated in the Prosecutor's Act and the Administrative Agency Civil Servant Punishment Regulations，Outline the illegal situations that are subject to government sanctions，Refer to the punishment range of the Party Disciplinary Punishment Regulations，Stipulates corresponding punishment levels according to the severity of the behavior。Including corruption and bribery、Receive and send gifts、Abuse of power and other common illegal behaviors of public officials，It also further clarified some illegal acts that should be punished by government affairs。
among them，"Tampering、Fake personal file information" and "violate the reporting regulations on personal matters，Concealment and failure to report" and "False accusation and frame-up，Intention to cause other people to be adversely affected by reputation damage or liability investigation, sky bet online sports betting etc." "Refuse to correct Sky bet football specific related persons' illegal employment in accordance with regulations、Part-time job or business activities，Those who do not comply with job adjustments” or “violate regulations to obtain foreign nationality or permanent residence abroad”、Long-term residence permit” and other behaviors，All are included in the government sanctions，And stipulates the applicable government sanctions。
“There are many types of illegal acts by public officials，The degree of harm varies。" Zou Kaihong said，The "Government Punishment Law" classifies various illegal acts，Focus on highlighting typical and frequent types of violations in practice，And stipulates the corresponding punishment range according to the severity of the behavior，Ensure that government disciplinary action is carried out in accordance with the law，Avoid inconsistent basis for punishment、The issue of whether the punishment is too light or too serious。
5. What are the types of government sanctions?
(1) Warning, punishment period: six months;
(2) Demerits, punishment period: twelve months;
(3) Major demerit, punishment period: eighteen months;
(4) Demotion, punishment period: twenty-four months;
(5) Removal from office, punishment period: twenty-four months;
(6) Dismissal.
On this basis，The "Government Sanctions Law" also further clarifies the applicable rules for government sanctions，Clarified the various circumstances of “giving severe government sanctions”, “giving light or mitigated government sanctions”, and “exempting or not granting government sanctions”。
among them，"Prevent others from reporting、Those who provide evidence should be given severe government sanctions；Those who “volunteerly confess their illegal conduct that warrants government sanctions” may be given lighter or sky bet online sports betting sky bet online casino mitigated government sanctions；“Public officials are coerced or coerced into participating in illegal activities because they do not know the truth，Those who truly show repentance after being criticized and educated can be mitigated、Exempt or not subject to government sanctions。
"China Discipline Inspection and Supervision News" issued an article，Relevant provisions on “imposing severe governmental sanctions” and “imposing light or reduced governmental sanctions”，It embodies the party’s disciplinary punishment and avoids past mistakes、The spirit of treating illnesses and saving lives，It also connects with the provisions on serious and mitigating circumstances in party regulations and state laws，Reflect the balance between leniency and severity more accurately。
Six、How the "Government Sanctions Law" protects the rights of public officials？
The decision of the Fourth Plenary Session of the 19th CPC Central Committee pointed out，To "guarantee administrative power、Supervisory power、Right of trial、The procuratorial power is correctly exercised in accordance with the law，Guaranteed Citizenship、The legitimate rights and interests of legal persons and other organizations are effectively protected”。The "Government Affairs Sanctions Law" regards "regulating government affairs sanctions" as an important legislative purpose，Promoting the standardization of government affairs punishment work、Legalization，It is reflected in strengthening the protection of the rights of public officials——
Article 3 of the "Governmental Affairs Sanctions Law"，Supervisory agencies should follow the management authority，Strengthen supervision of public officials，Governmental sanctions shall be imposed on illegal public officials in accordance with the law。The supervisory authority sky bet online sports betting sky bet online casino Sky bet football discovered that the appointment and removal authority of public officials、The unit should impose sanctions but fails to do so，Or the punishment given is illegal、Inappropriate，Supervision suggestions should be made in a timely manner；
Article 4，Government sanctions given to public officials，Adhere to the principle of party management of cadres，Group discussion and decision；Insist on equality before the law，Based on facts，Use the law as the criterion，Government sanctions imposed and nature of illegal acts、Plot、The degree of harm is quite high；
Article 5，Government sanctions given to public officials，The facts should be clear、Conclusive evidence、Qualitatively accurate、Properly handled、The program is legal、Complete procedures；
Article 6，Public officials perform their duties in accordance with the law and are protected by law，Not due to legal reasons、Not through legal procedures，Not subject to government sanctions。
In addition，Introduction to Zou Kaihong，The "Government Affairs Sanctions Law" stipulates the procedures for government affairs sanctions in a special chapter，Emphasize that illegal collection of evidence is strictly prohibited，The illegal facts determined during the investigation and the basis for the proposed government sanctions must be informed to the person under investigation in accordance with the law，Protect their right to plead、Application for right of avoidance and other rights，Ensure fair investigation and handling of cases，The facts of the government sanctions decision are clear、The applicable law is correct，There is also a special chapter detailing the review of requests for dissatisfaction with government sanctions、Review content，Smooth relief channels for punished persons。
Editor: Wang Shiyang