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The Opinions on Further Strengthening Village-level Democratic Supervision (Min Fa [2012] No. 162) jointly issued by the Ministry of Civil Affairs and 12 other ministries and commissions further standardizes the application of village-level democratic appraisal activities and the objects, subjects, procedures, and results of the audit of the economic responsibilities of villagers' committee members during their tenure and departure. If it is found in the course of the audit that village cadres have embezzled collective assets and funds, eaten more than they have occupied, and are extravagant and wasteful, they should be ordered to make restitution in full; where it is necessary to give party and government disciplinary sanctions, it shall be transferred to the discipline inspection and supervision organs for handling; where a crime is constituted, it shall be transferred to the judicial organs to pursue the legal responsibility of the parties in accordance with law. Village cadres who have been rated as incompetent twice in a row will have their posts terminated on their own.
Article 16 of the Organic Law of Villagers' Committees stipulates that more than one-fifth of the villagers who have the right to vote or more than one-third of the villagers' representatives may submit a request for the recall of the members of the villagers' committee and explain the reasons for the recall. The recall of a member of a villagers' committee requires the vote of more than half of the villagers registered to participate in the election, and must be approved by a majority of the villagers who voted.
Villagers may initiate recall procedures for village cadres who violate laws and disciplines in accordance with the law, and the relevant departments at the county level and townships and townships shall guide the holding of recall meetings in accordance with the law to protect the villagers' right to recall.
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It is not a violation of law and discipline, and this kind of behavior is unreasonable at best, and they can be asked to correct it.
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All persons are equal before the law, and every citizen should abide by the law, no matter who they are. Since it is the village chief's violation, it should be resolved in accordance with legal procedures.
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How to deal with the village director's violations? If the village director violates the rules, he or she may be punished accordingly by the local party committee, organization, discipline inspection commission and other relevant departments. If it involves illegal acts, it will be transferred to the local judicial authorities for handling.
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This situation is illegal, even illegal, so such a thing must be severely punished. The two of them are definitely leaving.
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Violations of discipline by members of villagers' committees are to be handled by different departments or methods depending on the circumstances. Where violations or crimes are committed, the state judicial organs shall pursue their legal responsibility, and those who infringe upon the lawful rights and interests of villagers in the course of performing their duties may apply to the court for revocation, etc.
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Violations are to be dismissed or given a warning according to the severity of the circumstances, and it is the obligation of every citizen to be a reasonable and lawful citizen.
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If the village director violates the rules, he can report it to the township ** or the upcoming department. If the matter is found to be true, it is possible that he will be punished by the corresponding party discipline, government discipline, and legal discipline.
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There are clear rules on how to deal with the town, and there are clear rules and pillars for the national team, and if he is slight, he will be held accountable.
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You can file a complaint with the town. The village chief is under their jurisdiction.
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The village director's violation can be directly reported to the town ** for processing.
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Violations of discipline will be punished by the organization, and they will not be allowed to continue to serve in the future, or leave a responsibility file!
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This is a violation of discipline, you can go to the town to report the village director, and you can also go to the discipline inspection committee inside to report.
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Village director, how to deal with violations? You can report it to the township.
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If the village director violates the rules, he can go to the town ** or the discipline inspection committee to report it.
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If the director of the village committee violates rules and disciplines, you can report it to the discipline inspection committee.
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In general, this situation is difficult to deal with.
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This must be an act of violating laws and disciplines, you can collect evidence and report it to the Township Commission for Discipline Inspection.
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If the village chief violates the law, he will be dealt with by political discipline, and if he violates the law, he will be punished by law.
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Is it because the director of the village committee and the secretary of the village committee have not been reported, and they have privately swapped the positions of both parties with the villagers? This should be the cancellation of the qualifications and candidacy of two people, right?
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This is naturally someone who manages him, and we don't need to worry about it, there is no need.
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Hello, if the village chief violates the law, you villagers can unite and go to the department to complain.
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Legal analysis: First, for those who have illegal acts abusing public office but the circumstances are relatively minor, they may be dealt with in a lighter organization such as talking and reminding, criticizing and educating, ordering inspections, or admonishing them in accordance with the requirements of the first form of supervision and discipline; Second, where there is a case for suspected crimes abusing public office, a case is to be opened and investigated, and where it is found that the facts of the crime are clear and the evidence is credible and sufficient, it is to be transferred to the judicial organs for investigation of criminal responsibility; Third, where there are serious violations of duty but do not constitute crimes abusing public office, a heavier organizational disposition or supervision recommendation such as transfer, suspension, resignation, recall, or termination of the labor contract shall be made accordingly.
Legal basis: "Several Provisions on the Honest Performance of Duties by Rural Grassroots Cadres" Article 20: Where members of township leadership groups and persons in charge of grassroots stations have violated the conduct listed in Chapter I of these Provisions, depending on the severity of the circumstances, the relevant organs and departments shall admonish and talk, circulate criticism, transfer from their posts, order resignation, dismissal, demotion, and other punishments in accordance with their duties and authority. Where Party and government discipline responsibility shall be pursued, corresponding Party and government disciplinary sanctions are to be given in accordance with the "Regulations on Disciplinary Sanctions of the Communist Party of China", "Regulations on Sanctions for Civil Servants in Administrative Organs" and other relevant provisions.
Where members of township party committees and leading groups are derelict in their duties and should be held accountable, they shall be dealt with in accordance with the "Interim Provisions on the Accountability of Party and Government Leading Cadres". where a crime is suspected, it shall be transferred to the judicial organs for handling in accordance with law.
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Legal analysis: If the village head abuses his power and infringes upon the lawful rights and interests of the villagers, the aggrieved villagers may apply to the people's court to revoke it, and the responsible person shall bear legal responsibility in accordance with law. It can also be reported to the people at the township level, and the people will correct the illegal acts.
Where village chiefs abuse their power to cause disturbances and cause major losses to public property, the state, and the people's interests, they are suspected of the crime of abuse of power, and their criminal responsibility shall be pursued in accordance with law.
Legal basis: "Criminal Law of the People's Republic of China" Article 397: Where a functionary of a state organ abuses his power or neglects his duties, causing major losses to the property of the public or the interests of the state and the people, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. Where this Law provides otherwise, follow those provisions.
Where employees of state organs twist the law for personal gain and commit the crimes described in the preceding paragraph, they are sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment. Where this Law provides otherwise, follow those provisions.
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Legal Analysis: When filing a complaint with the township party committee, the township party committee bears the overall leadership and management responsibility for the village party branch and the village committee, and is also the leading organ closest to the work at the village level. For example, if a village cadre illegally arranges for a villager to build a house foundation, he or she may file a complaint with the land department.
Legal basis: Article 93 of the Criminal Law of the People's Republic of China: "State functionaries" as used in this Law refers to personnel engaged in public affairs in state organs. Personnel engaged in public affairs in state-owned companies, enterprises, public institutions, and people's organizations, as well as personnel appointed by state organs, state-owned companies, enterprises, and public institutions to engage in public affairs in non-state-owned companies, enterprises, public institutions, and social organizations, as well as other personnel engaged in public affairs in accordance with the law, are considered state functionaries.
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Legal analysis: There are three consequences for the Supervision Bureau to file a case for review of a suspected cadre who violated discipline: 1. The cadre did not make a mistake and actively cooperated with the investigation, and the Commission for Discipline Inspection helped him to settle his grievances.
2. If there is a problem with the cadre, then the Commission for Discipline Inspection will punish it according to the mistake made. 3. If a cadre violates discipline or law, the Commission for Discipline Inspection will first punish him according to the mistake he has made, and then hand it over to the procuratorate for prosecution and the court will make a judgment.
Legal basis: "Supervision Law of the People's Republic of China" Article 45: On the basis of the results of oversight and investigations, the Supervision Organs are to make the following dispositions in accordance with law: (1) For public employees who have violations abusing public office but the circumstances are relatively minor, follow the limits of their management authority to directly or entrust relevant organs or personnel to conduct conversations and reminders, criticize and educate, order inspections, or admonish them; (2) Make governmental sanction decisions such as warnings, demerits, major demerits, demotion, removal, or expulsion of public employees who violate the law in accordance with legally-prescribed procedures; (3) Leaders who are responsible for not performing or incorrectly performing their duties are to directly make an accountability decision on them in accordance with their management authority, or submit a clear accountability recommendation to the organ that has the authority to imitate the accountability decision; (4) Where crimes abusing public office are suspected, and upon investigation the Supervision Organs find that the facts of the crime are clear and the evidence is credible and sufficient, they are to draft a written opinion for prosecution and transfer it to the people's procuratorate for review and prosecution in accordance with law, together with the case file materials and evidence; (5) Submit supervision recommendations on problems in the establishment of a clean government and the performance of duties in the unit to which the subject of supervision belongs.
Where upon investigation, the Supervision Organs have no evidence to prove that the person being investigated has violated or committed a crime, they shall withdraw the case and notify the unit to which the person being investigated belongs.
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Legal Analysis: Local Supervision Authority. In accordance with relevant laws and regulations, the Supervision Commission is to perform the duties of supervision, investigation, and disposition in accordance with relevant laws and regulations, and make governmental sanction decisions against public employees who violate the law in accordance with law; Hold accountable leaders who are ineffective in performing their duties and derelict in their duties.
Legal basis: "Supervision Law of the People's Republic of China" Article 15: Supervision organs supervise the following public employees and relevant personnel: (1) Civil servants of organs of the Communist Party of China, people's congresses and their standing committees, people's **, supervision commissions, people's courts, people's procuratorates, organs of committees at all levels of the Chinese People's Political Consultative Conference, organs of democratic parties, and organs of the Federation of Industry and Commerce, as well as personnel managed with reference to the "Civil Servants Law of the People's Republic of China"; (2) Personnel engaged in public affairs in organizations authorized by laws or regulations or entrusted by state organs to manage public affairs in accordance with law; (3) Managers of state-owned enterprises; (4) Personnel engaged in management in public education, scientific research, culture, medical and health, sports and other units; (5) Personnel engaged in management in basic-level mass autonomous organizations; (6) Other personnel performing public duties in accordance with law.
Summary. Distinguished leaders and party members:
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