Legal and Disciplinary Classroom
2023/08/01
The Provincial Commission for Discipline Inspection and Supervision has redeployed the implementation work of the "Measures for Recording and Reporting the Improper Interference of Leading Cadres in Major Matters in Sichuan Province (Trial)".
"Using one's position to facilitate others in winning bids by illegally contacting bidding agencies and instructing winning units, alone or in collusion with others, accepting bribes totaling more than 1.96 million yuan." Recently, the Provincial Commission for Discipline Inspection and Supervision publicly reported nine typical cases of disciplinary and legal violations in the state-owned assets and enterprises system, including the case of Gu Hefeng, former party committee member, director, deputy general manager, and union chairman of Deyang Economic Development Zone Development (Holding) Group Co., Ltd., who illegally interfered in bidding and tendering.
It is understood that in October 2022, the Provincial Party Committee issued the "Measures for Recording and Reporting Leading Cadres' Illegal Interference in Major Matters in Sichuan Province (Trial)" (hereinafter referred to as the "Measures"), which clearly defines 12 major areas including personnel selection and appointment, approval supervision, project construction, discipline enforcement, etc. It lists six specific types of illegal interference such as seeking favors, making calls, and inquiring about confidential sensitive information, and designs practical and reliable procedures for recording, reporting, and handling, as well as a deterrent mechanism for accountability when records or reports are not made, effectively compelling leading cadres to regulate their use of power.
"Promoting the implementation of the 'Measures' is an inherent requirement of supervision, discipline enforcement, and accountability work. The implementation of the 'Measures' should be regarded as an important part of advancing intra-party supervision, strengthening overall coordination, and reinforcing institutional constraints." The Provincial Commission for Discipline Inspection and Supervision recently held a special meeting to redeploy and rearrange the promotion of the 'Measures' implementation, further consolidating consensus, clarifying ideas, and detailing measures.
Why introduce a special regulation?
Transforming principle requirements into institutional norms
"We have deeply experienced in supervision and case handling that some leading cadres use their authority or influence in their positions, personally or by tacitly permitting or condoning relatives and other specific related persons to interfere in major matters of relevant units. Behind this often lie disciplinary and legal violations, many involving abuse of power for personal gain, power-money transactions, and benefit transfers." A relevant official from the Provincial Commission for Discipline Inspection and Supervision stated that the Party Central Committee has always had strict requirements for recording and reporting illegal interference in major matters and has made clear provisions in multiple intra-party regulations. However, how to identify illegal interference by leading cadres in major matters, how to fulfill reporting procedures, and how to hold accountable require specific and executable special regulations.
The 'Measures' define "major matters" as important issues involving the exercise of public power, including personnel selection and appointment, approval supervision, land use rights transfer, resource development, project construction, government procurement, enterprise mergers and reorganizations, asset disposal, financial credit, large fund usage, discipline enforcement, and judicial activities. It clarifies six types of "illegal interference in major matters": ordering, instructing, or directing subordinates to handle major matters in violation of regulations; interfering with the normal implementation of major matters for improper purposes; acting as an intermediary to introduce connections for improper contact between related parties and personnel responsible for major matters; inquiring about confidential or sensitive information and leaking it to units or individuals with vested interests; personally or by instructing, permitting, or condoning spouses, children and their spouses, relatives, staff, and other specific related persons to seek favors, plead, or make calls for units or individuals with vested interests; and other forms of illegal interference in major matters.
According to the 'Measures', relevant responsible persons handling major matters must not only resist but also fulfill recording and reporting responsibilities when encountering illegal interference by leading cadres. The 'Measures' specify the content of records, reporting methods and procedures, and circumstances for accountability.
"Turning the principle of reporting into clear institutional regulations provides institutional support for leading cadres to refuse requests for favors and for personnel handling matters to resist interference, compelling the correct and standardized operation of power." A relevant official from the Provincial Commission for Discipline Inspection and Supervision stated.
How to carry out supervision effectively and powerfully?
Focus on the "key few" and strictly implement the "three clarifications"
If a leading cadre makes a call but the personnel handling the major matter resist and refuse, and no consequences or impacts occur, does this count as "illegal interference" and does it need to be recorded and reported? In reality, illegal interference often occurs among so-called "acquaintances" and is highly concealed. How can supervision be carried out more effectively and powerfully?
To promote better implementation of the 'Measures', the Provincial Commission for Discipline Inspection and Supervision made further clear requirements on related work at this special meeting.
— Grasp the main responsibility. The Provincial Commission for Discipline Inspection and Supervision clearly requires that implementing the 'Measures' be regarded as an important part of advancing intra-party supervision work, especially strengthening supervision over the "top leaders" and leadership teams, promoting supervision over the "key few" in exercising power and taking the lead in work. At the same time, based on the role of "supervision of supervision," it urges municipal (state) and departmental party committees (party groups) to assume the main responsibility for implementing the 'Measures,' promoting them to sort out and refine lists of major matters in their regions and units, clarify responsible persons for recording and reporting, and define responsibilities for receiving, forwarding (notifying), verifying, and specific reporting procedures to ensure the spirit of the 'Measures' is deeply rooted. Those regions and departmental party committees (party groups) found to have failed to record and report illegal interference in major matters will be interviewed and urged to promote the fulfillment of main responsibilities.
— Focus on key points. It clarifies the "three clarifications" requirements of discipline inspection and supervision organs regarding illegal interference, acceptance of requests, and failure to record and report: strictly investigate and deal with leading cadres' illegal interference in major matters, including interference that has not caused consequences or impacts, and also investigate related personnel's acceptance of requests, pleas, calls, and failure to record and report. In addition, in special supervision work involving county party secretaries and sectors such as finance, state-owned enterprises, political and legal affairs, universities, grain purchase and sales, medicine, and rural revitalization, illegal interference by leading cadres in major matters is a key focus of supervision, discipline enforcement, and law enforcement, with timely handling of such problem clues, aiming to drive comprehensive implementation through key breakthroughs.
— Create a "strict" and "practical" atmosphere. In addition to strengthening learning and publicity of the 'Measures' in various forms and making illegal interference in major matters by leading cadres an important content of warning education films and confession records, discipline inspection and supervision organs will also timely report a batch of typical cases involving leading cadres' illegal interference in major matters, related personnel's acceptance of requests, pleas, calls, and failure to record and report, forming a strong deterrent. At the same time, combined with the ongoing education and rectification of the discipline inspection and supervision system's cadre team, discipline inspection and supervision cadres are urged to take the lead in complying with and implementing the 'Measures,' achieving "correcting others by first correcting oneself."
"Implementing the 'Measures' well involves a wide scope and considerable difficulty. We need resilience and must find the right leverage points, focus on breakthroughs, transform the rigid requirements of the system into responsible actions, and promote the broad cadre to establish correct views on power, achievements, and careers, working pragmatically and realistically." A relevant official from the Provincial Commission for Discipline Inspection and Supervision stated.
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