Describe the relationship between the accountability stipulated in the Interim Provisions on the Acc

1. The accountability of party and government leading cadres cannot replace party discipline and government discipline. In other words, if a party or government leading cadre who has been held accountable and dealt with is suspected of violating discipline, he should also be given corresponding party and government disciplinary sanctions.

2. Accountability is not a necessary pre-procedure for party discipline and government discipline.

3. Due to the different nature and various methods of accountability and party and government disciplinary sanctions, it is not possible to generalize which is more important than the other.

3. In practice, the phenomenon of substituting accountability for party and government disciplinary sanctions is widespread, on the one hand, because the measures and means of accountability need to be further improved. On the other hand, it is due to misunderstandings.

The accountability of party and government leading cadres cannot replace party and government discipline sanctions.

Cadres who are held accountable must not hold leadership positions equivalent to their original positions for one year.

The General Office of the Communist Party of China (CPC) and the General Office of the Communist Party of China (CPC) recently issued the "Interim Provisions on the Accountability of Party and Government Leading Cadres" (hereinafter referred to as the "Interim Provisions").

The "Interim Provisions" point out that party and government leading cadres will be held accountable for seven situations, including serious mistakes in decision-making that cause major losses or bad impacts, and improper handling of mass or sudden incidents, resulting in the deterioration of the situation and causing bad impacts.

Article 4 of the "Interim Provisions" stipulates the connection between the implementation of accountability, party discipline and government discipline and criminal punishment, that is: "If party and government leading cadres are held accountable and need to be investigated for disciplinary responsibility, they shall be given party and government disciplinary sanctions in accordance with relevant provisions; where a crime is suspected, it shall be transferred to the judicial organs for handling in accordance with law. ”

It has been learned that the accountability, party and government disciplinary sanctions, and criminal punishments stipulated in the "Interim Provisions" are all ways and means to hold party and government leading cadres accountable. The Regulations on Disciplinary Sanctions of the Communist Party of China, the Criminal Law of the People's Republic of China, the Regulations on the Punishment of Civil Servants of Administrative Organs, and other relevant intra-Party regulations and state laws and regulations have made clear provisions on Party and government discipline and criminal punishment.

The "Interim Regulations" point out that party and government leading cadres who have been held accountable will have their qualifications revoked for the annual appraisal and selection of various advanced ones in the current year.

Party and government leading cadres who resign, are ordered to resign, or are dismissed must not re-assume leadership positions equivalent to their original positions within one year.

The Interim Provisions point out that for party and government leading cadres who resign, are ordered to resign, or are dismissed, they may be arranged by the party committee (party group) or the party committee (party group) in accordance with the cadre management authority according to the needs of the work, as well as their consistent performance and expertise.

The "Interim Provisions" point out that the methods of holding party and government leading cadres accountable are divided into: ordering a public apology, suspending them for inspection, resigning on the basis of blame, ordering them to resign, and removing them from office. Party and government leading cadres who have circumstances that should be held accountable and who engage in deception or conceal the truth shall be held accountable.

The Interim Provisions point out that these Provisions apply to the leading members of the working departments of the Communist Party of China and its internal organs; Leading members of local Party committees at or above the county level, ** and their work departments, and leading members of the internal organs of the above-listed work departments.

The Chinese Communist Party's Accountability Regulations stipulate that the following legal provisions may be referred to for circumstances in which the responsibility of the person may be mitigated or mitigated.

Legal basis: Article 18 of the "Regulations on the Accountability of the Communist Party of China" In any of the following circumstances, accountability may be mitigated or commuted:

1) Promptly discuss and congratulate the adoption of remedial measures to effectively recover losses or eliminate negative impacts;

2) Actively cooperating with accountability investigations and taking the initiative to take responsibility;

3) Other mitigating or mitigating circumstances provided for by internal Party regulations.

Legal Analysis: According to the laws and regulations of our country, the following situations can be punished or increased:

1) Failure to implement or ineffective implementation of the instructions and requirements of the Party organization at a higher level;

2) In the course of accepting accountability investigation and handling, it is better to report the situation with friends, perfunctory and shirk responsibility, or instigate or acquiesce in the deception of relevant departments and personnel, obstructing the work of accountability and envy;

3) Other aggravating or aggravating circumstances provided for by internal Party regulations.

Legal basis: Article 19 of the "Regulations on the Accountability of the Communist Party of China" In any of the following circumstances, accountability shall be heavier or aggravated:

1) Failure to implement or ineffective implementation of the instructions and requirements of the Party organization at a higher level;

2) In the course of accepting accountability investigations and handling, failing to truthfully report the situation, perfunctory or shirking responsibility, or instigating or acquiescing in the falsification of relevant departments and personnel, obstructing accountability efforts;

3) Other aggravating or aggravating circumstances provided for by internal Party regulations.

Legal Analysis: According to the degree of harm and the specific circumstances, the accountability of the Party's leading cadres includes inspection, notification, reorganization, notification, admonition, organizational adjustment or organizational handling, disciplinary punishment, etc.

Legal basis: Article 8 of the "Regulations on the Accountability of the Communist Party of China" The accountability of Party organizations may be carried out in the following ways, depending on the degree of harm and the specific circumstances:

a) Inspection. Order a written inspection and make effective rectifications.

2) Notification. Order rectification, and report within a certain range.

3) Reorganization. Those who are derelict in their duties and responsibilities, who have seriously violated Party discipline, and who cannot be corrected themselves, shall be reorganized.

The accountability of the Party's leading cadres may be carried out in the following ways, depending on the degree of harm and the specific circumstances:

a) Notification. Carry out serious criticism, order a written inspection, make effective rectifications, and report within a certain range.

2) Admonition. Admonishment is given in conversation or in writing.

3) Organizational adjustment or organizational handling. Where there is dereliction of duty or responsibility, the harm is more serious, and they are unfit to serve in their current position, measures such as suspension for inspection, adjustment of position, order resignation, removal, or demotion, shall be employed on the basis of the circumstances.

4) Disciplinary sanctions. Where there is dereliction of duty or responsibility, and the harm is serious, and a disciplinary sanction shall be given, disciplinary responsibility is to be pursued in accordance with the "Regulations on Disciplinary Sanctions of the Communist Party of China". The above-mentioned accountability methods may be used separately or in combination in accordance with provisions.

Where there is an impact period for accountability methods, it is to be implemented in accordance with relevant provisions.

Legal Analysis: Accountability decisions should be made by *** or a party organization with management authority.

Legal basis: Article 7 of the "Regulations on the Accountability of the Communist Party of China" The methods of accountability for Party organizations include:

a) Inspection. Where the performance of duties is ineffective and the circumstances are relatively minor, they shall be ordered to make a written inspection and truly make corrections.

2) Notification. Where the performance of duties is ineffective and the circumstances are more serious, corrections shall be ordered and circulated within a certain range.

3) Reorganization. Those who are derelict in their duties and responsibilities, who have seriously violated Party discipline, and who cannot be corrected themselves, shall be reorganized.

The methods of accountability for the party's leading cadres include:

a) Notification. Where the performance of duties is ineffective, it shall be seriously criticized, corrected in accordance with regulations, and circulated within a certain range.

2) Admonition. Where there is dereliction of duty or responsibility, and the circumstances are more minor, admonishment shall be given in conversation or in writing.

3) Organizational adjustment or organizational handling. Where there is dereliction of duty or responsibility, or the circumstances are more serious, and they are not suitable for their current position, measures such as suspension for inspection, adjustment of position, order resignation, demotion, or removal shall be adopted according to the circumstances.

4) Disciplinary sanctions. Where disciplinary sanctions shall be given for dereliction of duty or responsibility, disciplinary responsibility is to be pursued in accordance with the "Regulations on Disciplinary Sanctions of the Communist Party of China".