标签： 上海夜生活导航

It is a common problem for discipline inspection and supervision organs to organize weddings, funerals and celebrations in violation of regulations. Combined with the practice of discipline review, this paper discusses some thoughts on how to define whether discipline is violated, how to overcome the difficulties in obtaining evidence, and how to grasp the punishment grade.

How to grasp the boundary between violation of discipline and non-violation

The first paragraph of Article 85 of the Regulations on Disciplinary Actions in the Communist Party of China (CPC), which came into effect on January 1, 2016, stipulates: "If you take advantage of your authority or position to handle weddings, funerals and celebrations, and cause adverse effects in society, you will be given a warning or a serious warning; If the circumstances are serious, the punishment within the party shall be revoked. " The second paragraph stipulates: "Anyone who takes the opportunity to collect money or commits other acts that infringe upon the interests of the state, the collective and the people in organizing weddings, funerals and celebrations shall be given a heavier or heavier punishment in accordance with the provisions of the preceding paragraph until he is expelled from the party." To judge whether an act belongs to the problem of illegal handling of weddings, funerals and celebrations, the key is to closely follow the constitutive requirements of violation of discipline and identify it in combination with relevant regulations and superior requirements.

Whether to use the influence of authority or position. The use of authority refers to the use of the authority in charge, responsibility and undertaking a certain official business or the authority of other state staff who have subordinate and restrictive relations in their positions; Taking advantage of the influence of one’s position is a convenient condition formed by taking advantage of one’s authority or position. If you use the influence of authority or position to inform or invite management objects, subordinates, other people who have job affiliation with you, staff of subordinate units and staff of other units with work connections to attend banquets, occupy public resources, use the company bus to pick up and drop off people attending banquets, transport related items, or provide convenience or seek benefits for yourself and your family, you may be suspected of violating discipline. For example, Yang, director of the Supervision Office of Zhengzhou City Garden Bureau, has the supervision function over the secondary institutions under the bureau. When he prepares a wedding banquet for his daughter, he actively invites the heads of the secondary institutions to participate. This practice belongs to the use of authority and constitutes a violation of discipline.

Whether it has caused adverse social impact. The "bad influence" here refers to causing negative repercussions among the masses or society and damaging the image of the party and state workers. Specifically, it is because of the wedding, funeral and celebration that it interferes with and hinders the normal order of production, life, work, business, teaching, scientific research and transportation, or causes bad public opinion. For example, three brothers Liu, deputy secretary of the Fugou County Political and Legal Committee, held a funeral for their father, and informed the leaders and colleagues of the county party committee office, the county government office and other units to attend. During the period, more than 200 vehicles were mourned, including 43 buses, which caused serious adverse effects in society, and three people were respectively punished by the party discipline and the organization.

Whether there is a big situation. In practice, the so-called "big operation and big management" refers to the large number of banquets, large ostentation and extravagance, high standards and extravagant comparison, which obviously exceeds the local normal living consumption level. For example, in the case of Zhao’s violation of discipline in the Group Industry Department of xinzheng city Party Committee, Zhao organized a wedding for his son, arranged to rent a luxury car to drive on the main roads of the city, rented a salute car and drum team at the wedding site, and organized banquets for many times to receive gifts, which constituted a big deal.

Whether it violates the relevant filing system. In recent years, various localities have successively issued relevant regulations on standardizing the reporting of weddings, funerals, banquets and banquets for cadres in party member, and made corresponding provisions on the standards and reporting procedures of the management. It is illegal to operate privately without reporting, or the standard and scale of operation exceed the scale of reporting.

How to find the key points of evidence collection

In the practice of discipline review, such cases are prone to problems that the evidence standard and key points of evidence collection are difficult to grasp, which need to be further clarified to avoid "raw food" or the evidence is not solid.

How to identify the influence and bad influence of using authority or position. To judge whether a party member cadre takes advantage of his power or position to handle wedding, funeral and celebration in violation of regulations, we should not only extract the evidence such as the division of duties and employment documents of the actor, but also verify whether the behavior of handling wedding, funeral and celebration is related to his position, such as informing the people attending the banquet whether there is any work connection with him, whether he is affected by his position and status, etc. With regard to the problem of adverse social impact, in addition to reports from the masses, reports from the Internet, newspapers and other media, colleagues in the unit and the surrounding people’s knowledge and understanding of party member cadres’ wedding, funeral and festive behavior are also important factors in determining whether it has caused adverse social impact.

How to determine the amount of gift and the amount of violation of discipline. Generally, there are many people involved in organizing weddings, funerals and celebrations in violation of regulations, and it is difficult to ask for evidence. It is necessary to extract the relevant documentary evidence that can record the amount of gift money in time during the investigation, sort out the gift money related to the influence of the party’s authority or position, and identify the disciplinary money. In addition, we can make a comprehensive judgment through other evidence, such as the description of the participants and handlers, the scale of the banquet, etc., and we can’t simply determine the amount of gift money and the amount of violation of discipline based on the statements of the parties.

How to verify the banquet scale and banquet standard. The difficulty in obtaining evidence in this respect is that sometimes hotels are not kept, or for some reason they are unwilling to provide them to the discipline inspection and supervision department. In practice, we should pay attention to collecting the testimony materials of the hotel’s responsible person, handlers and other staff, the hotel’s credit card payment records and other materials, and combine the statements of the parties to comprehensively identify the scale and standard of the banquet. When obtaining evidence, we should pay attention to analyzing and eliminating contradictions in evidence, so that transcripts, testimony materials, documentary evidence and physical evidence can form a complete evidence chain.

How to reasonably determine the punishment grade

In 2016 and 2003, "Regulations on Disciplinary Actions in the Communist Party of China (CPC)" did not change the punishment grade for party member cadres’ illegal handling of weddings, funerals and celebrations. In practice, the punishment grade should be reasonably determined from the following four aspects according to the circumstances, nature and local conditions.

Look at the subjective attitude of violating discipline. When determining the punishment grade, we should first look at the cognition of the parties to their disciplinary actions, that is, the subjective aspects of the constitutive requirements of disciplinary violations. If the parties are not familiar with the policies and regulations, resulting in the form and standards of operation do not meet the requirements, they can be properly considered when measuring the discipline; However, if you take the initiative to use the influence of authority or position, deliberately evade the policy provisions or turn a deaf ear to the requirements of superiors, and there are opportunities to collect money and other acts that infringe on the interests of the state, the collective and the people, it can be used as an important reference to determine the grade and confirm whether there are serious circumstances when measuring discipline. For example, Li, the public security brigade of Bo ‘ai County Public Security Bureau, took advantage of the move to a new house to do a big job. After receiving the report, the local discipline inspection commission ordered him to cancel the banquet and sent someone to supervise it. However, after the supervisors left, Li continued to arrange the banquet and receive the gift money. His subjective attitude was very bad. Therefore, Li was punished by staying in the party for one year and lowering his post level, and was transferred from the public security brigade.

Look at the specific scale of the operation. The scale and standard of banquets organized by the parties is also a key factor in determining the punishment grade. If the ostentation and extravagance of the banquet obviously exceeds the local standard of normal weddings, funerals and festive banquets, especially if the party does not converge or stop after the 18th National Congress of the Communist Party of China, it can be used as a reference for heavier or heavier treatment. For example, the director of the Standing Committee of the People’s Congress of a county in Chongqing hosted a wedding for his son, used luxury vehicles to form a wedding convoy, and hosted more than 100 tables in a five-star hotel. The wedding cost was as high as 400,000 yuan, which was a typical big event.

Look at the degree of adverse effects. Party member cadres’ illegal handling of weddings, funerals and celebrations infringes on the system of honesty and self-discipline and social customs, which will also affect people’s views on the Party committee and government and damage the image of the Party. Therefore, the degree of adverse social impact must be fully considered when determining the quality and quantity. For example, Wang, deputy secretary of the Disciplinary Committee of a town in Chongqing, held a birthday banquet for his father, invited nearly 1,000 government officials, village cadres and some management clients to attend, and held a total of 114 tables. After the problem was exposed by an online forum, it caused serious adverse social impact. Wang himself was severely warned by the party and was dismissed.

See the performance of cooperating with the investigation. The disciplinary personnel’s understanding of their mistakes and the actual performance of cooperating with the investigation are the external manifestation of their subjective attitude, and also an important factor to be considered when determining the punishment grade. If those who violate the discipline can realize their own problems, actively cooperate with the organization to investigate, truthfully state the facts, explain the source and amount of the gift money, and voluntarily hand in the disciplinary income, it can be used as a reference for mitigating or mitigating circumstances when measuring discipline. For example, in the case of Li’s violation of discipline by Zhengzhou Municipal Health Planning Commission, Li was always able to actively cooperate with the organization in the investigation and trial stage, with a good attitude of admitting mistakes, and took the initiative to hand over the gift of 55,200 yuan to the organization, comprehensively considering Li’s understanding, attitude and performance of mistakes, and dealt with it lightly in qualitative and quantitative discipline. (Shen Hongjiang Hongtao Author: Zhengzhou City Commission for Discipline Inspection, Henan Province)

postscript

Since the 18th National Congress of the Communist Party of China, illegal handling of weddings, funerals and celebrations has always occupied a considerable proportion of the mental problems that have been investigated and dealt with by discipline inspection and supervision organs at all levels in violation of the eight central regulations. In 2015, a total of 5,115 large-scale weddings, funerals and celebrations were investigated, 6,057 people were dealt with and 4,413 people were given disciplinary sanctions. To investigate and deal with such problems, it is necessary to identify and deal with them in strict accordance with party discipline and regulations. This paper puts forward some thoughts based on the practice of discipline review, which has certain reference and reference significance.

The Regulations on Disciplinary Actions in the Communist Party of China (CPC), which came into effect on January 1, 2016, stipulates in Article 85 three types of disciplinary actions in party member’s handling of weddings, funerals and celebrations, namely:

1. Taking advantage of one’s authority or position to influence the handling of weddings, funerals and celebrations, causing adverse effects in society. Compared with the "taking advantage of one’s position" in the first paragraph of Article 81 of the original regulations, the new regulations emphasize that in addition to taking advantage of one’s position, it is also forbidden to take advantage of the influence of one’s position to handle weddings, funerals and celebrations, which fully embodies the requirements of strictly administering the party in an all-round way. For this kind of behavior, no matter whether it is lavish or not, whether it is accepting gifts or not, as long as party member uses his power or position to influence the operation, such as using the manpower and material resources of the management service object, and causing adverse effects in society, it can be considered as a violation of discipline.

Two, by handling weddings, funerals and celebrations of the opportunity to collect money. The main form of expression is that the actor collects a large amount of gift money in handling weddings, funerals and celebrations through large-scale or multiple invitations to treat guests.

Three, in organizing weddings, funerals and celebrations, there are other violations of the interests of the state, the collective and the people. For example, the normal production, life, work, business, teaching, scientific research, traffic order and other normal order are disturbed and hindered by the wedding, funeral and celebration, or there are circumstances that cause casualties and other major accidents, and so on.

Customs about weddings, funerals and celebrations vary from place to place, but customs cannot be an excuse for party member to break the discipline. To deal with the illegal handling of weddings, funerals and celebrations, it is necessary to comprehensively consider the local economic development level, strictly follow the party discipline and regulations, and reflect the rigidity of discipline.

(Provided by China Journal of Discipline Inspection and Supervision)

　　● Since the epidemic prevention and control work was carried out, many grassroots cadres and community workers have been overwhelmed by various forms. Repetitive and heavy task of filling out forms not only consumes a lot of time and energy, but also delays the implementation of the urgent anti-epidemic work, causing dissatisfaction among the masses.

　　The direct reason for the emergence of the problem of "table anti-epidemic" is that there is no special information co-ordination mechanism among various departments, and the fundamental reason is that various departments are trapped in their own information data, thus forming a "data island", which is also a chronic disease that has plagued the construction of government information in China for many years.

　　● The Measures for the Administration of National Government Information Project Construction is expected to fundamentally solve the problems of decentralized e-government construction and isolated data islands, further promote overall planning at the national level, integrate information resources of various departments, promote co-construction and sharing of departments, realize cross-departmental business collaboration, and comprehensively improve the administrative efficiency of government departments.

　　□ Our reporter Wan Jing

　　Recently, the General Office of the State Council issued the "Administrative Measures for the Construction of National Government Information Projects" (hereinafter referred to as the "Administrative Measures"), pointing to the problem of "table anti-epidemic" that was criticized some time ago.

　　Some places have reported that since the epidemic prevention and control work was carried out, many grassroots cadres and community workers have been overwhelmed by various forms. Repeated and heavy task of filling out forms not only consumes a lot of time and energy, but also delays the implementation of the urgent anti-epidemic work, causing dissatisfaction among the masses.

　　In this regard, experts in the industry pointed out that the direct reason for the emergence of the problem of "table anti-epidemic" is that the command and coordination system is incomplete and unscientific, and a special information co-ordination mechanism has not been formed among various departments, but the fundamental reason is that various departments are trapped in their own information data, thus forming a "data island", which is also a chronic disease that has plagued the construction of government information in China for many years.

　　The "Administrative Measures" require adhering to the principles of overall planning, joint construction and sharing, business coordination, safety and reliability, and directly point to the key issues of current government information construction. According to industry analysts, the Administrative Measures are expected to fundamentally solve the problems of decentralized e-government construction and data islands, further promote overall planning at the national level, integrate information resources of various departments, promote joint construction and sharing of departments, achieve cross-departmental business collaboration, and comprehensively improve the administrative efficiency of government departments.

　　Form anti-epidemic has been criticized

　　Urgent need to realize information sharing

　　According to media reports, "form anti-epidemic" shows that many grassroots cadres and community workers have to fill in more than a dozen forms a day during the epidemic prevention period. These forms are issued by different departments, and the contents are basically the same, but the format and style are slightly different. With the strengthening of epidemic prevention and control, the contents of such forms are increasing, and the statistics of data are very large, so it takes a lot of time and energy to fill in the forms alone.

　　It is understood that the grass-roots staff themselves have undertaken a lot of work such as prevention and control propaganda, inspection in the jurisdiction, coordination of medical treatment, disinfection, persuasion of residents and distribution of materials. Although the manpower at the grassroots level is very tight, they have to arrange people to be "cousins" to undertake tasks such as data collection, registration and information reporting, and some people who fill out forms often have to work until the early hours of the morning.

　　“‘ Table anti-epidemic ’ It is a bureaucratic style that pays attention to formalism, but it also reflects the problem that information between departments is not smooth in the construction of government information in China. It is not difficult to solve this problem technically. As long as a unified command coordination system is established to realize the sharing of data and information among various departments, it can effectively avoid repeated tasks from multiple departments. " Gao Qin Wei, a professor at the Law School of the Central University of Finance and Economics, said.

　　This time, the "Administrative Measures" also clearly put forward that "overall planning, co-construction and sharing" is the basic management principle of national government information construction. At the same time, it also strengthened the requirements for information sharing, and clearly put the concept of sharing into the whole life cycle of government information construction projects.

　　The "Administrative Measures" stipulates that the feasibility study report and preliminary design scheme shall include an analysis chapter (chapter) on information resource sharing. The evaluation report of the consulting and evaluation unit shall include the evaluation opinions on the analysis articles (chapters) of information resource sharing. The approval document of the examination and approval department or the request document submitted to the State Council shall include the opinions on the analysis articles (chapters) of information resource sharing; Compiling the catalogue of information resources is a necessary condition for approving government information projects. The scope, degree and network security of information resources sharing are important basis for determining project construction investment, operation and maintenance funds and acceptance.

　　Gao Qin Wei believes that the fight against epidemic is an information war, and all government departments should constantly release accurate and objective information and try their best to let everyone know the relevant information. Only by establishing various accessible information transmission channels can the government’s relevant information release reach the public in time. Therefore, government information sharing should become the new normal of government administration.

　　Take measures to cure chronic diseases at the same time

　　Focus on eliminating data islands

　　According to Liu Deliang, a professor at the Law School of Beijing Normal University, after years of development, government e-government has built core government affairs systems such as industry and commerce, taxation, finance, transportation, finance, auditing, education, population and public safety. The core businesses of most ministries and commissions are supported by databases, and the coverage of core business databases is increasing day by day, forming a considerable scale of government information resources. However, the phenomenon of "data island" is also very serious in the construction of government information.

　　Among them, the most typical problem is that the internal processes of the government are difficult to coordinate. Local governments and departments at all levels often go their own way when carrying out e-government, adopting different standards and monotonous business content, resulting in new redundant construction; Each application system is planned separately, and each system often adopts different data formats and runs on different platforms, which brings obstacles to data exchange and collaborative application between them.

　　In order to eliminate the phenomenon of "data island" in the construction of government information from the institutional level, the Administrative Measures put forward solutions from five aspects.

　　First, the government information project realizes cross-departmental co-construction. Cross-departmental co-construction and sharing of government information projects, by the lead department in conjunction with the participating departments to jointly carry out cross-departmental engineering framework design, form a unified framework plan and then report to the National Development and Reform Commission.

　　Second, the government information project realizes the joint construction of the central and local governments. The relevant departments in the State Council need to share and cooperate with local government information projects, which should be built in accordance with the principles of overall planning, grading examination and approval, grading construction and sharing and cooperation.

　　Third, build a shared open data directory of government information resources. Based on the business flow, data flow and system interface of departmental projects and overall projects, a shared open data directory is initially formed.

　　Fourthly, the content of sharing analysis of government information resources is constructed. The feasibility study report and the preliminary design plan shall include the analysis articles (chapters) of information resources sharing, and the approval documents of the examination and approval department or the request documents submitted to the State Council shall include the opinions on the sharing analysis articles (chapters).

　　Fifth, information resources sharing is forced by fund management. For the information-based projects that have been built by the State Council departments and need to be upgraded or newly-built government information-based projects, only those that can share information as required can be approved, and those that cannot share information will not be supported except for special reasons. For information systems that do not share data resources as required, repeatedly collect data resources, or are not included in the catalogue of national government information systems, no operation and maintenance funds will be arranged.

　　In this regard, Gu Bingzhong, chief engineer of the Information Center of the Ministry of Natural Resources, analyzed that the "Administrative Measures" further implemented information sharing through the coordinated linkage of project construction investment and operation and maintenance funds, and grasped the key points, which is worthy of praise. The implementation of the above measures will fundamentally change the long-standing problem of information sharing, be conducive to the construction of the national big data resource system and governance capacity, and promote the modernization of the national governance system and governance capacity.

　　Improve the construction of government information

　　It is imperative to jointly build departments.

　　Government information system is an important support for the government to perform its duties efficiently and an important carrier to promote the modernization of government governance capacity by informationization. In the 1980s, China began to use computers to process electronic data in government management. After nearly 40 years of development, government informatization has played an active role in improving government office efficiency, supporting government scientific decision-making and optimizing government services.

　　According to Xu Chunxue, deputy director of the Office of the National E-government Extranet Management Center, in recent years, the digital transformation of the government has been accelerated in an all-round way, breaking the "data island" and entering the deep water area. The traditional mode of self-construction and self-management of departments has become increasingly difficult to adapt to the task of large-scale information construction, and technological models such as cloud computing, big data and blockchain have triggered changes in construction concepts, and so on. A series of changes have forced the system of government informatization to be continuously upgraded and improved, so as to adapt to the new development situation and further liberate the informatization productive forces. However, it is impossible to avoid the problem of cross-departmental co-construction of government information projects in order to improve the construction of government information in China and solve the phenomenon of "data islands" in which departments are fragmented.

　　Multi-sector co-construction is a long-term difficult problem to solve, especially during the "Twelfth Five-Year Plan" period, the progress of individual co-construction projects is not satisfactory. The "Thirteenth Five-Year Plan" for the Construction of National Government Information Project puts forward the blueprint of "big platform, big data and big system". However, there has been a lack of clear organizational rules on how to jointly build a "big project" by multiple departments.

　　To this end, the "Administrative Measures" proposes that for government information projects involving cross-departmental co-construction and sharing, the lead department and the participating departments will jointly carry out cross-departmental engineering framework design and form a unified framework plan, and then report to the National Development and Reform Commission. The framework scheme should determine the participating departments, construction objectives and main contents of the project, clarify the business flow, data flow and system interface between each department’s project and the overall project, initially form a data directory, ensure that the construction contents of each department are not duplicated, and realize the requirements of co-construction and sharing. After the framework scheme is formed, each department shall apply for the construction of its own participating content according to the project management requirements.

　　According to Xu Chunxue’s analysis, the proposal of the above-mentioned framework scheme not only provides a powerful starting point for inter-departmental coordination and linkage, but also can replace the original link of compiling project proposals by various departments, greatly improving the efficiency of examination and approval.

　　Gu Bingzhong also believes that under the unified framework, the departments involved in construction have clear boundaries, clear goals and responsibilities, which can improve the enthusiasm of the departments and reduce the phenomenon of buck passing.

　　Actively promote the policy landing

　　Improve administrative efficiency in an all-round way

　　After years of exploration and practice, the national e-government extranet is becoming the public infrastructure of digital government construction in China.

　　At present, in terms of "network communication", China has achieved comprehensive coverage of central provinces, cities and counties, and built a "three-in-one and five-across" network channel; In terms of "data communication", by the end of January 2020, the national data sharing and exchange platform based on the extranet of government affairs had opened 1,299 real-time data sharing interfaces of 33 the State Council departments, provided 946 million times of inquiry and verification services, and supported 95.7 billion pieces of batch data exchange across departments and regions; In terms of "business communication", the national data sharing and exchange platform connects 784 business processing systems in various regions and departments, which provides strong support for government departments at all levels to optimize business processes, streamline business materials, and promote the implementation of major reform tasks such as enterprise start-up, real estate registration, tax withholding, and license separation.

　　In this epidemic prevention and control work, the government information means of local governments also show their talents.

　　For example, Jiaxing, Zhejiang Province has continuously increased the control of people entering Jiaxing by means of "big data+grid", and cooperated online and offline to give full play to the role of grass-roots grid. Through the "six major rows" of card-point row, digital row, hotel (farmhouse) row, transportation hub row, hospital row, rental house row, etc., the epidemic prevention and control investigation system has been developed and activated to comprehensively verify relevant information.

　　The Digital Yingkou Management Center was started in Yingkou, Liaoning Province, and the access to the city’s public security video private network was completed in only 3 hours, so that you can view the video of key bayonets in the city’s expressways, railways, stations, hospitals and other places at will in the management center, and understand and master the dynamics of key bayonets in real time.

　　Chongqing Liangjiang New District makes full use of big data to escort residents’ "vegetable basket" and "fruit plate", closely monitors the market supply and demand of daily necessities such as grain, oil, meat, vegetables, fruits, eggs, milk and refined oil, and at the same time increases the docking of production and marketing, broadens the channels of supply organization, and smoothes the logistics distribution of daily necessities.

　　During the interview, Xu Chunxue analyzed that the Administrative Measures is based on the overall coordination and long-term management mechanism of the national government information system, focusing on "how to build" and "how to manage" government information projects, putting forward top-level design in streamlining approval, intensive co-construction, information sharing and online management, further implementing the overall requirements of unified engineering planning, unified standards and norms, unified filing management, unified audit supervision and unified evaluation system, and promoting the country for the next stage.

　　"However, whether the informationization of government affairs can finally achieve practical results, whether it can help the government’s comprehensive digital transformation and further support the modernization of the national governance system and governance capacity depends on whether all departments can put the Administrative Measures in place and grasp the construction carefully." Xu Chun’s theory.

　　Gu Bingzhong believes that the promulgation and smooth implementation of the Administrative Measures is expected to fundamentally solve the problems of decentralized construction of e-government and "data islands", further promote overall planning at the national level, integrate information resources of various departments, promote joint construction and sharing of departments, achieve cross-departmental business coordination, and comprehensively improve the administrative efficiency of government departments.