The supervisory committee shall make a decision on administrative sanctions against illegal public officials according to law. The supervisory committee shall perform the duties of supervision, investigation and disposal in accordance with this Law and relevant laws: (1) Educate public officials in a clean and honest manner, and supervise and inspect them in performing their duties according to law, using their power fairly, engaging in politics in a clean and honest manner, and having good conduct; (two) to investigate the duty crimes suspected of corruption and bribery, abuse of power, dereliction of duty, rent-seeking, interest transfer, favoritism and waste of state-owned assets; (three) to make administrative sanctions against illegal public officials according to law; Accountability for leaders who fail to perform their duties and dereliction of duty; For those suspected of duty crimes, the investigation results shall be transferred to the people's procuratorate for review and prosecution according to law; Put forward supervision suggestions to the unit where the object of supervision is located.
Article 45 of the Supervision Law refines the above provisions. According to the results of supervision and investigation, the supervisory organ can make six disposal methods according to law:
First, according to the management authority, directly or by entrusting relevant organs and personnel, remind, criticize, educate, order inspection or admonish public officials who have committed job-related violations; This situation is the lightest result of disposal. According to the provisions of Articles 11 and 12 of the Administrative Punishment Law, it is mainly applicable to public officials who have minor violations of the law and have further lenient treatment, as well as public officials who are held hostage or coerced to participate in illegal activities because they do not know the truth and do repent after criticism and education.
The second is to make administrative disciplinary decisions such as warning, demerit recording, gross demerit recording, demotion, dismissal and expulsion. Dealing with illegal public officials according to legal procedures;
Third, leaders who are responsible for failing to perform or improperly performing their duties should directly make accountability decisions according to their management authority, or put forward accountability suggestions to the organs that have the right to make accountability decisions; The second and third cases are the most common disposal results.
Fourth, if the supervisory organ finds that the facts of the crime are clear and the evidence is true and sufficient after investigation, it will make a prosecution opinion and transfer it to the people's procuratorate for review and prosecution together with the case file and evidence; This situation is the most serious result. Article 12 of the Criminal Procedure Law stipulates that no one shall be found guilty without a judgment by the people's court according to law. Therefore, when the supervisory organ handles a case, the only thing that can't be concluded is whether a public official constitutes a duty crime or not, and whether it constitutes a crime still requires the procuratorial organ to initiate a public prosecution, and the people's court will make a final judgment according to law.
The fifth is to put forward supervision suggestions on the problems existing in the construction of a clean government and the performance of duties in the unit where the object of supervision is located. This is the fifth processing method based on the first four processing methods, which can be parallel with the other four methods.
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Legal basis: Article 15 of the Supervision Law of People's Republic of China (PRC) supervises the following public officials and relevant personnel: (1) The civil servants of the Party organs, people's congresses and their standing committees, people's governments, supervisory committees, people's courts, people's procuratorates, committees and organs of the China People's Political Consultative Conference at all levels, organs of democratic parties and organs of the Federation of Industry and Commerce in People's Republic of China (PRC), with reference to People's Republic of China (PRC). Personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs according to law to manage public affairs; (3) managers of state-owned enterprises; (four) personnel engaged in management in public education, scientific research, culture, medical and health, sports and other units; (5) Personnel engaged in management in grass-roots mass autonomous organizations; (6) Other persons who perform public duties according to law.