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There are at least two points, one is that it should be further refined, and the other is to investigate the responsibility that should be punished but not punished.
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Any laws and regulations, normative documents, normative systems, implementing regulations, management rules and implementation rules cannot be completely perfect, and there will be certain limitations or deficiencies. Even if it is complete and perfect at the time of formulation, there are deficiencies or problems with the development and change of things and the emergence of new problems, which need to be improved, revised and supplemented in the course of development.
The current "Regulations on Party Discipline and Sanctions", as an organizational work system or intra-party regulations, have corresponding practicability and operability. If you want to find problems: first, in the specific application of the regulations, the application of the types of punishments (punishments), the qualitative quantification is not specific enough, and there is still the problem that the range of judgment and selection (discretion) is too wide; Second, the method of pursuing the responsibility for the dereliction of duty and responsibility of the organ implementing the punishment and the enforcement organ is not specific; Third, there is a lack of measures and mechanisms to prevent violations of discipline by party members.
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Those who have seriously violated discipline will be expelled from the party, and those whose whereabouts have been unknown for more than six months will be expelled.
In accordance with the Regulations on Disciplinary Actions of the Communist Party of China.
1) Where there is serious conduct that should be expelled from the Party, the Party organization shall make a decision to expel them from the Party;
2) Except in the circumstances provided for in the preceding paragraph, where their whereabouts have been unknown for more than 6 months, the Party organization shall remove them from the list in accordance with the provisions of the Party Constitution.
Article 36: Where a Party member who violates discipline dies before the Party organization makes a sanction decision, or where it is discovered after his death that he or she has committed serious disciplinary violations, and shall be expelled from the Party, he or she is to be expelled from the Party; Those who should be placed on probation in the Party.
Where the following sanctions (including Party probation) are to be given, a written conclusion of the violation of Party discipline and a corresponding disposition are to be made.
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1.Where there is a serious violation of discipline that should be expelled from the Party, the Party organization shall make a decision to expel them from the Party; 2.Where their whereabouts have been unknown for more than 6 months, the Party organization shall remove them from the list in accordance with the provisions of the Party Constitution.
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According to Article 7 of the "Regulations on Disciplinary Actions of the Communist Party of China", the focus is on investigating and dealing with corruption cases that have not been reined in and stopped since the 18th National Congress of the Communist Party of China, where the clues of the problems are concentrated and the masses have strong reactions, and political questions and economic problems are intertwined.
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Legal analysis: 1) Insist that the party should manage the party and govern the party strictly in an all-round way. (2) All are equal before Party discipline. (3) Seek truth from facts. (4) Democratic centralism. (5) Punish the former and the latter, and treat the sick and save people.
Legal basis: Regulations on Disciplinary Actions of the Communist Party of China
Article 4: Adhere to the principle of seeking truth from facts. The handling of violations of Party discipline shall be based on facts, accurately determine the nature of the error, distinguish between different circumstances, and appropriately give disciplinary sanctions to Party members and Party organizations that make mistakes in accordance with the provisions of these Regulations.
Article 5: Adhere to the principle of strictly governing the Party. Party organizations at all levels must uphold Party discipline. Party members and Party organizations that violate Party discipline must be severely dealt with in accordance with these Regulations, and must not be tolerated or accommodated.
Article 6: Adhere to the principle of democratic centralism. The handling of violations of party discipline must be decided upon by the party committee or discipline inspection commission through collective discussion, and no individual or a small number of people are allowed to make a decision or approval.
Article 7: Adhere to the principle that all Party members are equal before Party discipline. No special party members who are not subject to discipline are allowed in the party. Any party member who violates party discipline must be prosecuted; Those who should be subject to Party disciplinary sanctions must be given corresponding sanctions in accordance with these Regulations.
Article 8 Adhere to the principle of punishing the former and punishing the latter, treating the sick and saving people. In dealing with party members and party organizations who violate party discipline, it is necessary to combine punishment with education.
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The following principles shall be adhered to in the Party's disciplinary punishment work:
1) Insist that the Party should manage the Party and govern the Party strictly in an all-round way. Strengthen the education, management, and supervision of the party's organizations at all levels and all party members, put discipline in the forefront, and pay attention to grasping small problems as early as possible and preventing them from getting worse.
(2) All are equal before Party discipline. Party organizations and Party members who violate Party discipline must strictly and fairly enforce discipline, and no Party organization or Party member who is not subject to discipline is allowed within the Party.
(3) Seek truth from facts. Violations of Party discipline by Party organizations and Party members shall be based on the facts, with the Party Constitution, other internal Party regulations, and state laws and regulations as the measure, to accurately determine the nature of the violation, distinguish between different circumstances, and appropriately address it.
(4) Democratic centralism. The implementation of Party discipline sanctions shall be decided upon through collective discussion by the Party organization in accordance with the provisions of the procedures and in a lenient order, and no individual or minority person is allowed to make decisions or approve them without authorization. Lower-level Party organizations must implement decisions made by higher-level Party organizations on the handling of Party organizations and Party members who violate Party discipline.
Five bends of Zen Chop) punish the former and the latter, cure the disease and save people. Party organizations and Party members who violate Party discipline shall be punished with a combination of education and punishment, so that leniency and severity are combined.
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