Chapter 021: Who Supervises the Party
In the second year of the sixth period of Sichuan, Huaxia seems to have been injected into the room on the 3rd and 6th of the Pingyue month, and the Central Rural Work Conference was held in the capital. (.) The meeting pointed out that in order to meet the requirements of the new stage of agricultural and rural economic development, it is necessary to vigorously promote the strategic restructuring of agriculture and rural economy and comprehensively improve the quality and efficiency of agriculture and rural economy. Increase peasant incomes. This is the central task of the new stage of China's agriculture and rural economy.
On the 7th of the month, the third "three stresses" in the country. The education work conference was held in Beijing. In his speech at the meeting, Gu Lulan pointed out that the current "three stresses" education, in which hundreds of thousands of leading cadres and millions of cadres and masses across the country participated, is a creative exploration and successful practice of strengthening party building, especially the ideological and political building of leading bodies and leading cadres, under the new situation, and is the enrichment and promotion of the spirit of Yan'an's rectification and the party's "three major work styles" in the new period. This year, party committees at all levels must still act in accordance with the arrangements and requirements of the central authorities and do a good job in the "three stresses" of leading bodies and leading cadres. Education should be regarded as the most important task in strengthening party building, and we should pay close attention to it.
On the 2nd and 4th, the Fourth Plenary Session of the Central Commission for Discipline Inspection of the Communist Party of China was held in Beijing. Jiang Enguo made an important speech on the issue of strictly administering the party. The main contents are: 1. Fully understand the great significance of strictly administering the party under the new situation; 2. Resolutely implement the policy of strictly administering the party; 3. Persist in systematically ensuring the implementation of the principle of strictly administering the party.
On 24 July, a meeting of the western region was held in Beijing, organized by the leading group for the opening of the western region of the Government Council. Responsible persons of the CPC Central Committee, relevant departments of the State Affairs Yuan, and responsible persons of all provinces, autonomous regions, and municipalities directly under the Central Government, as well as the Western Xinjiang Production and Construction Corps, attended the meeting. At the meeting, Premier Hung Dingbang expounded on the great significance of implementing the strategy of opening up the western region in a big way and speeding up the development of the central and western regions. He stressed the need to stand on the overall situation and strategic height of China's modernization drive and unify our thinking and action with this major policy decision of the party Central Committee. The meeting held that the implementation of the large-scale opening up of the western region is a large-scale systematic project. It is also an arduous historical task. The current and future periods. It is necessary to concentrate efforts on several key tasks that have a bearing on the overall situation of the western region: First, speed up infrastructure construction; Second, earnestly strengthen the protection and construction of the ecological environment; Third, actively adjust the industrial structure; Fourth, we should develop science and technology and education, and speed up the cultivation of talents; Fifth, intensify reform and opening up. All provinces, municipalities, autonomous regions, and localities in the central and western regions immediately took action. Set up a leading group for development, research and planning, open up strategic policy plans, organize research and demonstration, and hold domestic, international and regional seminars, briefings, small investment associations, etc. All parts of the country have also responded to the call of the CPC Central Committee and launched various forms of activities to support the strategy of opening up the western region in a big way.
February day. Jiang Enguo's "Conversation on the Issue of Education". The conversation was from the height of the rise and fall of the country's fortunes and the rejuvenation of the nation. It is related to the direction of China's education exhibition. He expounded on a series of major issues in the educational policy and ideology, and pointed out: Doing a good job in educating and ideological work among young students has a direct bearing on whether or not we can succeed in implementing the strategy of rejuvenating the country through science and education and on whether or not we can succeed in China's socialist modernization. Carry out the work.
On February, the Intermediate People's Court of Yuzhang City, Ganxi Province, made a first-instance verdict on the case of Gu Changzheng, former vice governor of the People's Government of Jixi Province, who accepted and offered bribes and had a huge amount of property from unknown sources. He was deprived of political rights for life.
On February 2o and 2, Jiang Enguo put forward the "three represents" during his inspection work in Lingnan. important thoughts. He stressed: The key to handling China's affairs well depends on our party and on the party's ideology, work style, organization, and discipline, as well as its combat effectiveness and leadership level. So long as our party always faithfully represents the requirements of China's advanced social productive forces, the direction of progress of China's advanced culture, and the fundamental interests of the broadest masses of the Chinese people, our party will always be in an invincible position, will always be wholeheartedly supported by the people of all nationalities throughout the country, and will be able to lead the people to constantly advance. Then. During his inspection tour of Jiangdong, Jiangnan, and Dongfang, he further expounded the relevant important thinking of the "three represents." Noted: "Three represents. "It is the foundation of our party, the foundation of governance, and the source of strength; To promote the party's ideological, political, organizational, and work style building, it is necessary to thoroughly implement the "three represents." requirements.
On March 3, the Third Session of the Ninth National People's Congress was held in Beijing. Hong Dingbang made a report on the work of the government. The report presents. It is necessary to persistently implement the principle of expanding domestic demand, vigorously promote the strategic readjustment of the economic structure, and continue to push forward reform. Strengthen management in an all-round way. We should speed up the exhibition of science and technology and education, and strengthen the building of spiritual civilization. We will further open up to the outside world. Do a good job in building the social security system. It is necessary to maintain social stability, administer the government strictly, strengthen the building of the government itself, and promote the great cause of the peaceful reunification of the motherland. The meeting adopted a resolution on the government work report and a number of other important resolutions, laws, and reports. The meeting called on the people of all nationalities throughout the country to rally closely around the party Central Committee with Comrade Jiang Enguo as the core, hold high the great banner of Zheng Nanxun's theory, and adhere to the party's basic line. Seize the opportunity and forge ahead. We should strengthen our confidence, work in unity, and victoriously push forward the great cause of building socialism with Chinese characteristics into the new century.
On March 2, the Central Population, Resources and Environment Work Symposium was held in Beijing. Jiang Enguo presided over the forum and delivered a speech. He stressed: Conscientiously doing a good job in family planning, resource management, and environmental protection is of great overall significance to the realization of China's grand goal of leapfrogging and developing. In the course of reform, opening up, and socialist modernization, we must always closely integrate economic development with population, resources, and environmental work. Make overall arrangements and cooperate to advance.
On March 8, the Baodao Work Office of the Central Committee of the Communist Party of China and the Baodao Affairs Office of the Government Council made a statement on the election of new leaders in the Baodao area. The statement said: There is only one Huaxia in the world. Baodao is an inseparable part of the territory of China. The election of the leaders of the Baodao region and its results cannot change the fact that Baodao is part of the territory of China. Peaceful reunification is premised on the Chinese principle. Any "island independence." are absolutely not allowed. As for the new leader of Baodao, we will listen to his words and watch his deeds. On April 2o, the Central Commission for Discipline Inspection of the Communist Party of China held a press conference to announce the investigation and handling of the case of Chen Jieke, vice chairman of the Standing Committee of the National People's Congress, who seriously violated discipline and law. The Central Commission for Discipline Inspection decided and with the approval of the Central Committee of the Communist Party of China to expel Chen Jieke from the party. It is recommended that the Standing Committee of the People's Congress of the Lingxi Zhuang Autonomous Region remove Chen Jieke from his position as a deputy to the National People's Congress in accordance with the law; It is recommended that the Standing Committee of the National People's Congress remove him from his post as vice chairman of the Standing Committee of the National People's Congress. In view of Chen Jieke's suspicion
Positive sanatorium.
It is not an official name, but people who know it well call it because of the most important people who live here. It was once the "five secretaries" of China. After the death of one of the secretaries, Xiao Fei and Xiao Lao, who were substituted among the five secretaries. In terms of party seniority, even Comrade Nanxun is slightly inferior to Xiao Lao by half a point, and the aim sign is to express Xiao Lao's status as the first generation of major leaders in the party after the founding of the People's Republic of China.
Xiao Lao's health has not been very good, and he even almost "" last year and since he participated in the revolution, he has been away from his hometown for too long, and he has always been particularly attached to his hometown.
However, Xiao Lao is different from the Southern Tour. Unlike Comrade Nantour, Xiao Lao's tremendous influence on the overall situation of China mainly comes from his huge and deep-rooted connections, the prestige he has established in China's economic work, and his political skills. So. He didn't have to live in those forty-nine cities all the time.
However, if people are not in the capital, it does not mean that when the capital is going to make some big moves, can they not come to ask Xiao Lao what he means. For example, this year, the two major anti-** cases were implemented after the central government first came to ask Xiao Lao's opinion before making up his mind, and finally got Xiao Lao's consent. Xiao Lao is still Xiao Lao. He doesn't like to be a "manifest peak". Even if Comrade Nan Patrol is gone. He also continued to choose to be the "hidden peak" he had long been accustomed to. He still only retains the "right of veto" and the "right to decide" that was originally in the hands of the comrades of the Southern Tour. Truly handed over to the center. Some people privately envy Xiao Zhen and think that he is so smooth sailing. became a member of the Standing Committee of the Provincial Party Committee before he was thirty years old, precisely because of Xiao Lao's move. At the same time, several factions on the central side were relieved a lot, so they reciprocated the favor."
From the Gu Changzheng case at the beginning of the year to the Chen Jieke case that finally broke out in the past few days. Xiao Laodu has received instructions from the central government. Gu Changzheng's background is limited, but he has some connections with a certain second-generation prince of the Lao Jing faction, but the relationship is not too deep, and the big man will naturally not come forward to protect such a mortal person at this time, Xiao Lao replied to the central government without thinking about it: "No objection." ”
And this time in Chen Jieke's case, Xiao Lao only thought about it for a moment, and then agreed with the central government's opinion. Although Chen Jiekegui is the vice chairman of the National People's Congress and is already a member of the ranks of "party and state leaders", Xiao Lao remembered an article that Xiao Zhen forwarded to him some time ago, and finally did not veto the resolution of the Central Committee, or even said a word. Even though Chen Jieke has always been close to one of his old subordinates, but at the same time, he was found out this time, there are some other reasons, and it is said that the central government is extremely angry with him, and several comrades called Xiao Lao to explain the situation, and finally Xiao Lao replied to them and punished them severely according to the law
Xiao Yin handed it over to his grandfather to see. It is a well-known economist who warns that the probability of China's economy falling into the quagmire of crony capitalism is very high. After Xiao Lao saw it. Very important.
For many years, power capital has been the capital that has increased its value the fastest, and the so-called "petty bureaucratic comprador bourgeoisie" that has now taken shape in China was formed by relying on the basis of the so-called gradual reform with vague premises.
Crony capitalism or crony capitalism refers to a deformed or bad market economy in which some people get rich through rent-seeking through power and networks, and after becoming vested interests, they obstruct all kinds of rational market-oriented reforms in various ways.
As a by-product of China's drastic social changes, members of Chinese society have also differentiated into different classes, and different groups of people have a strong contrast between the feelings of power and capital.
A certain deputy secretary of the Central Commission for Discipline Inspection said that group nature and group nature are one of the important characteristics of the current world. Can it break out of the group**. It is an important symbol to test the anti-** work.
According to the general logic of the operation of power, local officials are in high power, and once a profit-making group is formed around it, its destructive power and degree of harm are not comparable with ordinary cases.
The economist analyzed in the article that the reason for the high probability of China's economy embarking on the road of crony capitalism or crony capital is that in the process of major adjustment of the interest structure during the transition period, some people who have the power to control resources can often use the power in their hands to seek private interests for themselves.
First, because the executive power continued to maintain a strong intervening power in economic life during the transition period and the existence of a "dual-track system", there were many opportunities for those who were able to get close to power to "set rents". After many years of reform and opening up, power capital is the capital with the fastest appreciation.
Second, because it is not easy to clearly define the various forms of property rights and ensure fairness in the process, the reform of the state-owned economy and the "liberalization and revitalization of small and medium-sized enterprises" have been carried out. In the process, there is a problem of people in power or "small cronies" and "related households" in power encroaching on public property. Officials are trying to control the reform in their own interests.
China's current "crony capitalism" is manifested in the following ways: first, nepotism; the second is power rent-seeking; The third is the "transfer station phenomenon". China's "crony capital" mainly relies on digging resources in the treasury under the weak planning of the private economy; Now that the treasury is gradually running out of money, it gradually turns to the treasury as a transit station, through which private resources are tapped.
This scholar advocated the complete eradication of the institutional basis of "rent-seeking," and he proposed to curb the polarization between the rich and the poor and the spread of crony capitalism, and to establish a good market economy. It is particularly difficult to establish a market economy based on the rule of law in a country like China, which has no tradition of rule of law. The rule of law advocated by this scholar is not a "legal system" in which the government uses it as a tool to govern the people. "Rather, it is an institutional arrangement and legal system in which both the economic and the government are under the framework of the rule of law and are bound by the law. A set of institutional arrangements should be used to reduce the discretionary space of government officials, weaken the capital of power and capital transactions, and prevent the development of crony capitalism in China.
He said that the profiteering industry "is not only a high-tech industry that has the first technological advantages, but also a field that relies heavily on power to carry the pole." Even if you are a fool, as long as you have "relationship resources" and can exercise power to "approve" land and get loans, it is difficult to become rich. And in addition to the "relationship." Who can compete with me but those who are harder than me? "Public power" should be prevented. Since it is not subject to the "public. Non-"public" due to constraints. Once this power is "depublicized". Whether it is released or controlled, justice will be lost.
If only the dismissal of scholars is allowed to be bad, the bolder statement is followed by "What kind of society does he say?" Socialism is no longer worth discussing, and capitalism seems to have problems. This gentleman refers to China as having fallen into "crony capitalism." The danger of mud pits. This concept and the once-popular "bureaucratic capitalism." The same. The close relationship between capital and executive power is emphasized, which is very insightful. But the implicit premise of these two statements is that China has entered or is about to enter capitalism. It's just that bureaucrats or magnates are more colorful.
And then. The scholar went on to argue: If "capitalism" is defined as the bourgeoisie, which controls violence and holds the legislative power, then has there ever been capitalism in China? The Chinese bourgeoisie has never been able to have the final say, and it is the elites or bureaucrats who have the final say. So. It is more accurate to say "crony capitalism" or "bureaucratic capitalism" in reverse, that is, "capitalist cronyism." Or "capital-one-one bureaucracy." ”
But the words "magnates" and "bureaucrats" are still not precise enough. In the minds of Chinese speakers, the nobility is usually associated with the nobility, which is hereditary; Although officials are inevitably tainted with hereditary colors. However, it is declining rapidly, does not occupy a core position, and is at least not as important as the imperial examination or selection system, which shows that "cronyism" is not as accurate as "bureaucracy". However, "bureaucracy" already has a fairly fixed meaning: procrastination, deception, rigidity, and so on, not to mention that Huaxia is not entirely in the hands of bureaucrats. Above the bureaucracy there is the supreme ruler.
Perhaps "officialism" is more revealing. "Official. In ancient Chinese, it has three meanings: one is to refer specifically to the emperor; the second refers to the government, including the yamen at all levels; The third refers to individual bureaucrats. "Official. The word has multiple meanings. It is therefore particularly accurate. These meanings can be put in the "official standard." The internal structure of the government is dismantled to allow people to see the interests of the government as a whole. See the interests of the top decision-makers, see the interests of the department. It is also possible to see the self-interest of individual bureaucrats as agents.
In the history of China after the Qin and Han dynasties, in the era of the great unification of the empire, the emperor, the yamen, and the bureaucrats could all legislate and set rules, each with its own space and territory, and compete with each other for territory. As a result, a set of social order was formed due to the royal law, various departmental regulations and unspoken rules. These rules are often contradictory to each other, because there is a conflict of interests between individuals and groups who have the final say, but some kind of compromise is reached, either explicitly or implicitly. The scope of different entities in the official group being the masters is the result of the game. "Bureaucracy. Small is a description of the dynamic structure of this legislative regulation. The official clique was established with a violent clique as the core.
"Petty officialdom" is a thing. Pedestal. It can be prefixed with different prefixes—landlords, peasants, workers, capitalists, and so on. Officials always have to make full use of their power, use their power to extract as many benefits as possible, or sell their power for a maximum price. Even in the absence of Western capitalist competition, the system of the Chinese dynasties and successive dynasties in which the officials and families were completely happy to cut off industry and commerce was inefficient and could not be sustained. Eventually, it is necessary to make concessions to private industry and commerce.
In this scholar's book "Bold and Bold, Small Land", he argued: ** In the planned economy implemented after the first year, the officials directly commanded production and directly managed the workers and peasants, and this form can be called "the worker-peasant one-bureaucracy." In this phase. If the bureaucracy takes the operation and accumulation of capital as its mission, turns itself into the largest and only capitalist, organizes production through the rules and pieces of the administrative system, and so on, it seems that the official family has embarked on the capitalist road. In fact, this is utopian socialism. From the point of view of the evolution of bureaucracy. ** is still a branch of bureaucracy, nothing more than the great ideals of the core figures of the bureaucratic group, not satisfied with fulfilling the mission of the capitalists. This order, in which officialdom chooses instead of market choice, is still not a capitalist order. From the perspective of world history, this is an attempt by the bureaucratic clique to replace or catch up with the stimulus of Western capitalism.
After the impact of the planned economy and reform and opening up, today's China has entered the industrial and commercial era, and the vast majority of wealth is created by industry and commerce. In this situation, power can only get the highest bid from capital, which is "capitalist bureaucracy." Historical conditions of birth. There are different directions for the evolution of capitalist bureaucracy. As the bourgeoisie grows stronger, the priority and subordination of this clique and the bureaucratic clique may be reversed.
Under the condition that the capitalist group is the master of the country as a class and the official group is still quite strong. Official capitalism or crony capitalism may become the future social form of China. At present, the bourgeoisie is the nucleus of the industrial and commercial production groups. They are using all kinds of legal and illegal personal means to influence the officials who sit in the country. Carry out the personal revolution and partial revolution of the capitalists, and realize the latent or latent revolution. If this game is seen as a historical game between the violent group and the production group, then. The combination of the large-scale private buying tactics of the capitalists and the internal competition for the sale of power by the bureaucratic groups will ultimately lead to the construction of what kind of social form will be constructed. Still a fan.
After the year, there was a tendency for social classes to become more divided. New social classes are constantly emerging. As the social division of labor will be more refined and specialized, people's intra-industry interactions are the most important social interactions, and the gap between classes is mainly reflected in professional status and social psychology. Traditionally, social classes are defined by political factors in planning and economy, and the distinction is mainly political. The economic differences between classes are relatively small; The position of the new social class is defined primarily by economic factors in the market economy. The political factor weakened, and the economic factor became prominent. The differences are mainly economic.
It doesn't matter what social class it is. Within it, they have been divided into several levels. The differentiation of classes has broken the traditional pattern of interests, and a new pattern of interests is still in the process of being formed. All sectors of society want social change to work in their favor. If the private interests of the class appear at the National People's Congress with legislative power. The harm cannot be ignored.
In all resources. Political resources have the highest gold content, because they are the most elastic, and in various games, harm can be legally avoided. Not only that, the distribution of political resources affects the distribution of other social resources, which has a guiding effect on the behavior of local governments. This peculiarity of political resources can lead to opportunism at any time. To create a superficial equilibrium that is beneficial to both the community.
There are three advantages of political resources: first, the greatest charm of having political resources lies in the ability to establish and formulate new rules, expand the boundaries of one's power as much as possible driven by interests, and give the extension of power more arbitrary interpretation; The second is that those who own the old original have more valuable information. By blocking the information and recruiting the old heroes or the time difference in the use of information, you can gain an advantage in the competition; Third, those who have political resources are generally given the right to sanction at the same time, acting as a third party in addition to the offender and the victim. The sanctioners have entered into a game of interests, and on the surface the sanctions against the violators are not stakeholders, but in fact the actions and rulings of the sanctioners depend on the respective "actions" of the victims and the violators.
The distribution of political resources in China is extremely uneven, and there are serious differences between urban and rural areas. In terms of political system arrangements, political institutions, major conferences, and political information, the political resources possessed by remote areas, rural areas, and cities and towns are far lower than those in central areas and large cities. There are few political resources to speak of in remote areas and rural areas. Due to the institutional inertia of the system, the energy of political resources cannot be underestimated; The lack of political resources will limit the ability of local innovation and limit the space for independent activities, which in turn will reduce the legitimacy of local behavior.
Then, in connection with today's situation, this scholar believes that the biggest problem today is not just the problem of a few ** elements being greedy for a few money, but the problem of "mediocrity in politics and a loser in charge".
The cadres who are needed for the work can't come up, and the people who don't need them can come in. The people who are needed for the job are not in place, and those who are not needed occupy important positions. What is **? That's the biggest **! The harm of misemployment is greater than that of corruption and bribery. However, this kind of ** was born inadvertently, and family affection, friendship and money can all work through the current cadre personnel system, corroding the body of the cadre team.
To be honest, Xiao Laochu was quite unhappy when he saw this article, he didn't believe that anyone really had the courage to write such a worded article for himself, and once even suspected that this article was Xiao Zhen's own handwriting, but it was just a casual pretense of someone's name.
But Xiao Lao immediately thought that Xiao Zhen didn't need to do this. If there is a group of people in China who are most likely to become the "official capitalism" mentioned in this article, then is Xiao Ding himself certainly one of them?
So, Xiao Lao had a phone call with Xiao Zhen and called Xiao Zhen to the east, and the two grandparents chatted for two or three hours, mainly about anti-corruption issues.
Xiao Lao was unusual, he didn't say too much, but gave more power to Xiao Ding, let him speak, and listen to himself. He also wanted to know what his "unicorn" thought. Originally, he just wanted to see which step Xiao Zhen could see, but he didn't want Xiao Zhen's words to make Xiao Lao slowly pay attention to it, and he felt that Xiao Zhen gradually had his own political ideas after several years of training.
In Xiao Zhen's view, Huaxia ** was established in a secret state, and at first there was basically a one-line connection between party members. In such a state, it is impossible to form a system of intra-party supervision; Later, intra-party supervision was gradually institutionalized. But because of the lack of transparency, it is often a formality. Then, with the reform and opening up, the phenomenon of the party's first appearance became more and more serious. The Party Central Committee has realized that if we do not effectively control the phenomenon within the Party, the phenomenon in other areas of society will not improve.
In this form, it is inevitable to strengthen intra-party supervision, enhance the role of discipline inspection commissions, and expand the powers of discipline inspection commissions. The reform of the Discipline Inspection Commission was carried out under the condition that other political reforms had not kept up, and compared with the reform in other aspects, it was a relatively easy path to enhance the anti-corruption function of the Discipline Inspection Commission. There are many forms of centralization, and the centralization of supervision is one of its abundances.
One of the direct reasons for the increase in behavior during the reform period was that a large amount of power was delegated from the central government to the local level, but at the same time, it was not possible to establish an effective supervision system for these delegated powers. As a result, many officials not only have more and more powers, but also have considerable freedom in exercising them; The combination of the two makes it relatively convenient to use power for personal gain; Putting the power in check inevitably leads to **.
In the early stage of the central government's anti-corruption practice, discipline inspection and supervision departments are constrained by some factors in their actual work and are unable to fully exert their supervisory potential, and the power of discipline inspection commissions is not too great but too great, so it is necessary to enhance their authority by adjusting the work system.
Political parties are the product of modern democratic politics, so the checks and balances of power should be emphasized, which is an alienation of the party system. The constitution stipulates that the party operates within the scope of the constitution and the law, and the constitution stipulates the ruling position of the Chinese people, and there is no separation between the party and the government in terms of system. As a result, Party organs at all levels actually exercise power in many public spheres of society, and Party organs make major decisions, participate in public management, and some organs even directly perform management duties. The result of these circumstances is to give people the perception that "** leads the people to make laws" and therefore, "** is higher than the law, and the party is not bound by the law".
In accordance with the provisions of the Constitution. "The party operates within the scope of the constitution and the law" in this case, to Huaxia **. Whether you should bear legal responsibility is not a question, the question is just how to bear legal responsibility? It is either a form of realization of legal responsibility, or a form of realization of activities within the scope of the Constitution and laws. But the reality is that no one can sue the law**, and if they do, they can only sue a certain level of government. And there is no clause in any law about making mistakes. Since there is no corresponding legal provision, it is not an empty word to bear legal responsibility.
According to the law, Party institutions such as discipline inspection commissions do not have administrative law enforcement powers, so they cannot be the subject of administrative litigation. But in reality, party bodies like the Commission for Discipline Inspection have a lot of power, but they do not bear any legal responsibility. Party organs such as the Commission for Discipline Inspection have no legal personality. They will be free from the law; Supervision that is divorced from legal norms cannot be supervision in the true sense.
The core element of building a country based on the rule of law is that public power is constrained by law. In order to govern the country according to law, there must be no "extralegal privileges" and "extralegal organs." However, the reality is that party institutions are free from the law, and in particular, local party institutions exercise public power outside of the law. It leads to the abuse of power and causes **, so that the party's ruling foundation is threatened, and the people cannot sue him.
As a result, the question arises: if the party apparatus makes mistakes, is it not even the power of the law to solve them? If the party's discipline inspection and supervision organs are the best, who will supervise them? In the current monitoring system. The discipline inspection commission and other institutions implement a dual leadership system, generally by the party committee at the same level and the higher level... If supervision and management are done by mistake, special circumstances can be overstepped to the Central Commission for Discipline Inspection to supervise and manage the situation." Comrade Tian Shanshan said: It is still necessary to rely on the legal system to oppose the legal system, and it is more reliable to carry out the legal system.
Therefore, Xiao Ding's final view is that supervisors ultimately rely on the legal system. The best supervision is for the Discipline Inspection Commission and other Party organs to assume legal responsibility when exercising their powers. Xiao Lao naturally knows how much his grandson trusts the legal system, and those who study law naturally think that the law is above all else.
"Governing the country according to the law is our national policy, but how difficult this road is, you should know that only by being cautious, walking on thin ice, and taking it slowly step by step, can it finally be realized. Moreover, it is impossible to remove the Commission for Discipline Inspection at this stage. Under the current national conditions, "shuanggui is irreplaceable." Xiao Lao was silent for a while and said.
Hearing that his grandfather did not directly oppose his opinion, Xiao Zhen was quite surprised. Grandpa's life, as he himself encouraged, "personal fame and fortune are as light as water, and the party's cause is as important as himself, which is quite a meaning of letting the party power go down the altar, but grandpa did not mean to be angry, but only emphasized the truth that the road should be taken step by step."
Why? Xiao Zhen was thoughtful for a moment, Xiao Lao looked at him, and suddenly smiled, as if he was very happy, just like when he hugged him when he was a child, there was only kindness in his eyes.
"The supreme purpose of our small party is to serve the people." Xiao Lao smiled, as if he said something very ordinary and ordinary.
Xiao Zhen suddenly understood. The party and the people. In fact, in the minds of the older generation, the party and the people are one, instead of being separated from the people and the party and the people, as some party and government cadres are doing now.
Got it. Xiao Zhen's heart understood much more. began to ponder what my grandfather said, the Commission for Discipline Inspection cannot be revoked, and the shuanggui is irreplaceable.
At present, "shuanggui" has become an organizational measure that can be used by laws and party rules to authorize discipline inspection and supervision organs to investigate and deal with cases of violations of party and government discipline. Applying this measure, the discipline inspection and supervision departments investigated and dealt with a large number of cases, which frightened the ** elements. And "shuanggui." To a large extent, the deterrent effect comes precisely from its routine. The investigation of "shuanggui" is different from the inquiry and investigation of the procuratorate, and even more different from the public trial of the court. For example, in "Shuanggui. During this period, the subject of the investigation is not allowed to contact the outside world, nor can he hire a lawyer, nor can he consult the case file. Therefore, he did not know which of his violations of discipline and law had already been grasped by the investigators, and which of his accomplices had already turned back. This asymmetry of information puts respondents at a disadvantage. Personnel with rich experience in handling cases will take advantage of this advantage to carefully design evidence, politics, and psychology to find out their weaknesses and flaws and make breakthroughs.
The regularity of the "small shuanggui" system is also reflected in the time limit. Relevant rules and regulations. "The time limit for the investigation of the case is three months, which can be extended by one month if necessary. If the investigation of a major or complicated case cannot be concluded within the extension period, the investigation time may be extended after approval by the case filing authority, which means that in practice, the time limit for "shuanggui" is in the hands of the relevant investigation team and its competent authority, and there is no hard and fast rule. As a result, "shuanggui" has become the most severe coercive method involving the personal freedom of party members within the party organization.
These routines are "shuanggui." The special power is there, but Xiao Zhen also knows that in recent years. The Party has clearly put forward the goal of building a society ruled by law, and there is a certain inconsistency between the routine nature of "shuanggui" and the rule of law. For example, in accordance with the principle of the rule of law, no person or institution other than the judiciary may take away an individual's personal freedom, and public security organs and procuratorates must carry out relevant procedures if they want to restrict a person's personal freedom. "Shuanggui" also restricts the personal freedom of individuals, but its restrictive power does not come from the authorization of the judicial organs.
Therefore, Xiao Ding feels that as an effective anti-** tool, the "shuanggui" system may not be completely abolished, but the relevant departments need to improve it in accordance with the principle of the rule of law, so that it becomes more and more standardized and strict; At the same time, small in accordance with the principle of the rule of law. The scope and object of application of "shuanggui" should also become less and less frequent. In a society governed by the rule of law, acts and other illegal and criminal acts of officials should be investigated and punished by ordinary judicial organs in accordance with normal judicial procedures.
"Shuanggui" is a kind of "family law" within the party organization. "Shuanggui" is not a judicial procedure prescribed in law. It exists on the basis of party regulations. As far as internal party rules are concerned, party members who do not have an appointment level can also be subject to "shuanggui"; In practice, senior party officials at a certain level are usually investigated by the Commission for Discipline Inspection before entering the judicial process, and "shuanggui" is used. This means of investigation.
"Shuanggui" is generally in the name of the Commission for Discipline Inspection, and it is an intra-party investigative method that applies to party members. Two fingers. It is an administrative investigation method in the name of the supervisory organ, which is applicable to all persons suspected of violating administrative discipline, whether Party members or non-Party members, but in practice, it is generally only applicable to non-Party members. Shuanggui Shuanggui. The procedure is simple, and unlike coercive measures such as detention, which have a legal time limit. Therefore, it is considered to be a very effective investigative tool. The Commission for Discipline Inspection passed the "Shuanggui. and other means to investigate the problem clearly. and then enter the judicial process.
"Shuanggui" is very powerful, and suspects can still meet with lawyers after arrest, but those who are "shuanggui" do not have this right; If found guilty, "shuanggui" and do not count towards the sentence. Xiao Zhen is still studying, and legal scholars have always believed that in a sense, "shuanggui" is disguised detention. So "shuanggui." There is no legal basis and it is only necessary in exceptional circumstances.
Of course, Xiao Zhen also has to admit that from the perspective of the practical needs of the anti-** struggle, the "shuanggui" measures are indeed necessary. Officials are a special profession, and while they hold public power and public resources, they also mean that they automatically cede some of their rights and freedoms. If there is evidence that public officials have abused their power for personal gain, then the adoption of "shuanggui" to investigate the problem as soon as possible can prevent them from going further down the wrong path. If it were not for the bold and resolute exercise of "shuanggui" and other measures, it would be difficult to break through some serious cases, and it would be difficult for the people's confidence in the anti-** to be enhanced.
But isn't this just self-involvement?
Uh, I'm not going to be invited to tea, am I?
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