Whether it is military regulations or demobilization policies, the central government has always been lenient and provided people with a way out. The long-term administrativeization of the military has surpassed the judiciary, resulting in many unreasonable phenomena. The management of individual units is even very chaotic, with illegal administration and arbitrary treatment of cadres.
First, the military substitutes punishment for punishment and implements certain punishments. Judgment and execution are two parts of criminal law. Civil servants are punished based on "sentences", and the military, except for those who are dismissed, are based on execution rather than full execution of the criminal law. Those who are sentenced and actually executed are called criminal punishments (served), and those who have completed the execution of fixed-term imprisonment and criminal detention are called released after serving their sentences. Probation is a matter of being held criminally responsible and being sentenced to a penalty, but it does not constitute being subject to criminal punishment, that is, it does not include probation. Probation is a probation period with conditions that the sentence will not be executed. After the probation period, the original sentence will no longer be executed.
Article 17, paragraph 2, of the "Regulations on Punishment of Civil Servants of Administrative Agencies": "If a civil servant of an administrative agency is sentenced to a criminal penalty in accordance with the law, he shall be dismissed."
Chapter 3 Punishment under Criminal Law : The main penalties include surveillance, criminal detention, fixed-term imprisonment, life imprisonment, and death; additional penalties include fines, deprivation of political rights, and confiscation of property. Probation is a specific application of punishment in Chapter 4.
The Supreme People's Court's reply on how to determine the release date after serving sentence stipulates: "The release date of criminals who have been sentenced to fixed-term imprisonment or criminal detention shall be the end date of the sentence determined by the judgment."
Second, the management of probation. Military probation is divided into wartime probation and general probation. Wartime probation applies to emergencies, and the main focus here is general probation. Except for those who have been expelled from the military for crimes endangering national security, military personnel are generally suspended from their original units for investigation and remain with their original units, which is different from local police transfers to public security agencies or communities. There is no need to go through relevant transfer procedures and they will return to their original units after the judgment takes effect. Management is based on military regulations, not criminal law, and is reflected in daily management such as attendance, quarterly assessment, semi-annual assessment, and annual assessment. The requirements of the regulations for military personnel are much higher than the requirements of criminal law for probationers. For example, soldiers need to take leave when leaving camp, and local probation officers can only take leave when they leave the city or county where they live. There are no special provisions in the military regulations after downgrade, and they are no different from other active-duty soldiers. The original unit arranges work, pays wages according to the rank and rank after punishment, and calculates military age. Unlike the local probation period, seniority is not calculated. Due to non-promotion or promotion being inconvenient for management and placement, the Shaanxi Provincial Higher Law Research Association [1990] No. 22 "Request for Instructions on the Incarceration of Criminals in the Armed Police Force" (online public resource) clearly stated that the Supreme People's Court would not approve it. Before 2002, the contents of suspended sentences, prison terms, and reeducation through labor in the disciplinary regulations of the Chinese People's Liberation Army were written in Chapter 3, Section 2 "Items and Conditions of Punishments" and Section 3 "Permissions for Punishments". After 2002, these two items were merged into the "Penalty Conditions" section, which is still in use today.
Article 42 of the 2002 "Disciplinary Regulations of the Chinese People's Liberation Army" stipulates that anyone who violates discipline in any of the following circumstances shall be dismissed from the military: (1) It has constituted a crime endangering national security; (2) It has been an intentional crime, Those who have been sentenced to fixed-term imprisonment of not less than five years, life imprisonment, or the death penalty; (3) Persons who have been sentenced to fixed-term imprisonment of not more than five years or fixed-term imprisonment of more than five years for negligent crimes resist reform while serving their sentences or reeducation through labor, and the circumstances are serious; ( 4) Those who violate disciplines, the circumstances are serious, the impact is bad, and the basic conditions for serving as a soldier have been lost. Article 43. If a person violates criminal laws and constitutes a crime and is held criminally responsible in accordance with the law, the punishment of expulsion from the military as stipulated in Article 42 of these Regulations will not apply, and he will be given the punishment of demotion (military rank), demotion (military rank) to removal from post or expulsion. Article 58 Illegal acts shall be dealt with promptly, generally within forty-five days after the illegal acts are discovered. If the situation is complicated or there are other special circumstances and the time limit needs to be extended, it should be reported to the superior leader for approval.
Article 6 of the "Provisions on Several Issues Concerning Crimes committed by Members of the Chinese People's Armed Police Force": If a member of the Armed Police Force commits a crime and is sentenced by the People's Court to a penalty that needs to be served in a prison or other reeducation through labor facility, he or she shall The execution shall be carried out at the place designated by the judicial administrative organ; if the person has been sentenced to criminal detention, suspended sentence, fixed-term imprisonment, public surveillance or deprivation of political rights and has not yet been discharged from the military, the execution shall be carried out by the armed police force.
3. Suspended sentences do not apply to demobilization policies. Failure to execute the original sentence after the probation period expires and non-release after execution are two different legal facts. If the original sentence is executed by the judicial authority after the sentence or probation period has expired, the regulations stipulate that the job sanction will be revoked, and the job grade will be re-determined by the original army after the sentence is released. In August 2005, the Tengchong County Public Security Bureau issued a "Notice of Release", and on June 10 of the same year, the Party Committee of the Yunnan Border Defense Corps of the Armed Police made a decision on punishment. How many times do we have to deal with the same thing? The "Notice on the Resettlement of Retired Military Cadres", the "Notice on the Resettlement of Demobilized Military Cadres" and the 2003 "Notice on the Resettlement of Demobilized Military Cadres" and other documents related to persons released from prison shall not Suspended sentence applies.
Notice on the Placement of Cadres Released from Prison in the Military Article 1: After officers and civilian cadres are released from prison, their job grades (technical grades) and wages will be re-determined by the original troops. The determination principle should generally be lower than the rank before serving sentence. Personnel who have performed major meritorious services during their sentence shall not have their job grade (technical grade) or salary reduced.
"Notice on the Resettlement of Military Personnel Released from Prison and Other Cadres Subject to Disciplinary Punishment in 1987" Article 1 After being released from prison, their job grade (technical grade) and administrative grade shall be determined by The original unit was re-established. The determination principle should generally be lower than the rank before serving sentence. Cadres such as platoon leaders (including technical level 15) who have performed major meritorious services while serving their sentences shall not be reduced in rank.
4. The central government’s handling of suspended sentences is only party discipline, administrative sanctions, and placement.
The 1987 "Notice on the Resettlement of Released Persons and Other Punished Cadres" included suspended probation in the resettlement scope of other punished cadres. This is a relatively comprehensive document, and later documents deal separately with ex-offenders. As a continuation of the policy and corresponding to the "Regulations", the "Interim Measures for the Placement of Demobilized Military Cadres" are suspended.
On the one hand, those who are retained as cadres after punishment can change jobs. "Those who have been expelled from the Party or have been sent to reeducation through labor and lost their cadre qualifications" will not be assigned a job. Isn't it the same as the "Notice" that "cadres who have been subject to other sanctions for violating party discipline and military discipline will in principle be resettled when they retire from active service"? It's just that the language expression is different.
On the other hand, "criminal punishment for intentional crimes" does not include suspended sentences. The court sentenced only a suspended sentence and no additional penalty. I have said before that the military probation was not fully implemented in the criminal law, and the Tengchong County Judicial Department proposed to change the job. People have basis. After the officer's probation period is successfully completed, he will be placed as a disciplinary officer.
The 1987 "Notice on the Resettlement of Released Military Personnel and Other Cadres Subject to Disciplinary Punishment" stipulates: "In principle, cadres who have been punished for violating party discipline and military discipline will be given a resettlement order when they retire from active service. Placement, but the issue has not yet been resolved or the probation period has not expired, the placement should wait until the issue is resolved or the probation period expires. "
Article 13 of the "Interim Measures for the Resettlement of Demobilized Military Cadres" has one of the following circumstances. will not be included in the resettlement plan for demobilized military cadres: (1) Those who are 50 years old or above; (2) People with disabilities of level 2 or above; (3) Those who suffer from serious diseases and are confirmed by hospitals above the garrison hospital and cannot continue to work normally; ( 4) The re-examination has not yet reached a conclusion or the probation period has not expired; (5) The person has committed a deliberate crime and received criminal punishment; (6) The person has been expelled from the party or has been revoked as a cadre by reeducation through labor; (7) The person is not suitable for placement due to other reasons.
5. Criminal negligence, resettlement. In the past, it was stipulated that crimes of abuse of power and dereliction of duty should be treated equally. Suspended sentences for crimes of negligence have not yet been stipulated in the "Regulations on Intra-Party Disciplinary Actions for Chinese Producers", which does not exclude expulsion from the party. Baoshan Intermediate People's Court ruled in the second instance that it was an abuse of power and party membership could be reinstated.
Prisoners who have committed negligence crimes can switch to other jobs without any problem with probation. Those who can shorten the probation period will naturally perform well, whether it is the judgment of the county court or the ruling of the intermediate court, their performance is really good.
Article 12 of the "Public Security Management Punishment Regulations": "Drunk people who violate public security management shall be punished. Drunk people who are in a drunken state and cause harm to themselves or threaten the safety of others shall be punished. Restrain him until he wakes up. "It is an accident for a drunk person to suffocate when his vomit is inhaled into his respiratory tract. Much better than the autopsy in the Lei Yang case. Some people believe that excessive compensation and abuse of power are state compensation, and the border police station bears criminal liability for its negligence, but it is not full compensation. These people can ask the family of the deceased to return a portion of the money. The Tengchong County Procuratorate abused its power when filing the case. If you don’t appeal, people won’t know. One person's abuse of power cannot replace the intentional behavior of several others who have no administrative enforcement power. People have standing rights of appeal.
"Regulations on Disciplinary Punishment of the Party of China* * If the party, the country, the people's interests, and public property suffer serious losses due to their duties, they will be given a serious warning; if they cause serious losses, they will be dismissed from their party positions, placed on party probation, or expelled from the party. Those who practice favoritism and malpractice at work shall be severely punished or aggravated. If these regulations provide otherwise, such provisions shall prevail.
Article 30: Anyone who falls under any of the following circumstances shall be expelled from the Party:
(1) Being sentenced to the main punishment (including suspended sentence) stipulated in the "Criminal Law of the People's Republic of China" for intentional crimes. ); (2) being deprived of political rights solely or additionally; (3) being sentenced to a fixed-term imprisonment of more than three years (excluding three years) for a negligent crime in accordance with the law. Anyone who is sentenced to fixed-term imprisonment of less than three years (including three years) or public surveillance or criminal detention due to a negligent crime shall generally be expelled from the party. For individuals who cannot be expelled from the party, they must be reported to the superior party organization for approval in accordance with the provisions of party member approval authority.
Article 33: If a party member is held criminally responsible in accordance with the law, the party organization shall impose party disciplinary sanctions in accordance with the provisions of these regulations based on the effective judgments, rulings and decisions of the judicial organs as well as the identified facts, nature and circumstances. Or organize processing.
Article 7 of the "State Compensation Law" If an administrative agency and its staff exercise administrative powers and infringe upon the legitimate rights and interests of citizens, legal persons and other organizations, the administrative agency shall be the agency obliged to compensate.
"Notice on the Resettlement of Military Cadres Released from Sentences" Article 2 Military officers and civilian cadres who have been released from prison will generally be demobilized unless they have committed criminal negligence and have performed well during their sentence and are suitable to continue serving as cadres.
6. Power cannot change documents, the facts remain. Enlistment and demobilization have different names, dates of birth, family backgrounds, place of origin, and addresses. There is no previous name, no record of name change, clearly two people. My family's background changed from poor peasants to workers, and my address changed from rural to elementary school. The ex-wife’s household registration has never been to her workplace, and the police demobilization approval report does not even have a record of the Intermediate People’s Court’s ruling. The request to go back to my hometown seems not to be a clerical error, but because I don’t have the address of my hometown. The Civil Affairs Department and the Party Committee of the Border Defense Corps respectively stamped their approval, but now they deny it, saying that they settled in with their spouses and do not enjoy the rights of rural demobilized cadres. The file was issued from the army in April 2008, and the divorce was processed at the Civil Affairs Bureau in June. In the registration notice issued by the Civil Affairs Bureau in September, the household registration was at 65438. In February, where the spouse settled, there was no spouse information in the "Police Officer Demobilization Approval Report Form" column in the file. The competent authority for rural demobilized cadres is the township people's government, not the civil affairs bureau. The civil affairs department has exceeded its authority and ordered "not to arrange work."
There is not even a demotion document in the file. Border armed police are just one type of police. It performs local administrative work, applies local justice, and can enforce local personnel documents. The promises he made when the incident happened gave people a way out, but they were lies from the beginning. In August 2005, just after the isolation review ended, the party committees at the detachment and brigade levels asked me to apply to return to my hometown (actually I was fired). My attitude was poor, had no policy basis and was not successful.
In June 1938, the Party Committee of the Corps applied the Ministry of Personnel's "Notice on the Salaries and Benefits of Staff of State Administrative Agencies After Being Sentenced to Control, Criminal Detention, or Probation" and demoted the captain to the second lieutenant and the deputy battalion to the platoon leader, in line with the "Chinese People's The People's Liberation Army Disciplinary Regulations are different. Currently, there is only a disciplinary registration form in the file, but no corresponding disciplinary documents. According to this document, it is to arrange other jobs, and demobilization is the second punishment - expulsion.
The 1987 "Notice on the Resettlement of Military Cadres Released after Their Sentences and Other Disciplinary Cadres" stipulates that cadres who join the army in rural areas can be assigned appropriate jobs in township enterprises if conditions permit; those who have difficulty in arranging work , it is necessary to allocate responsible fields (mountains), private land (mountains) according to policies, or arrange to contract other production and operation tasks.
The "Notice on the Placement of Military Cadres Released from Prison" stipulates that those who join the army from rural areas can be assigned appropriate jobs in township enterprises if conditions permit; those without conditions can be arranged in township enterprises according to the National Agricultural Committee and The Ministry of Civil Affairs' "Notice on the Division of Contracted Land for People's Liberation Army Soldiers" (Min [1981] You 100) allocates responsibility fields (mountains), private land (mountains) or contracts for other production and operation projects.
The "Notice on the Resettlement of Demobilized Military Cadres" stipulates that demobilized cadres who return to rural areas should be properly arranged to work in township enterprises in areas where conditions permit; if they cannot be arranged in township enterprises, they should be assigned Go to responsible fields (mountains), private plots (mountains) or arrange other production and operation tasks.
The last paragraph of Article 18 of the "Village and Market Town Planning and Construction Regulations": "Workers, veterans, retired cadres, overseas Chinese, Hong Kong, Macao and Taiwan compatriots who have returned to their hometowns to settle down need to use collectively owned land in villages Construction of houses in Heji town planning areas shall be handled in accordance with the approval procedures specified in paragraph 1 (1) of this article. "
Article 10 of the "Detailed Rules for the Collection of Cadre Files": (1) Determine whether the materials belong to the project. The cadres it manages and the content that should be included in the cadre files. If it is found that there are people with the same name, who are arrogant and domineering, or those who do not belong to the cadre files, or who have repeated materials, they must be cleaned up. Documents and materials that are valuable for preservation can be submitted to the Document Archives or handed over to relevant departments for preservation. Important documents, items, etc. , if it does not belong to the cadre files, if the organization does not need to keep it, it should be returned to the individual. If it has no preservation value and should not be returned to the person, it should be registered and destroyed after approval by the leader in charge;
Article 60 of the 2002 "Regulations on Disciplinary Punishment of the Chinese People's Liberation Army": Punishment decisions shall be made in writing or orally It shall be made by announcing it in front of the queue and at meetings, circulating it in writing or announcing it only to the person subject to punishment. The written decision on punishment shall be in the form of a general order. Written and oral disciplinary decisions must be filled in the "Disciplinary Registration (Report) Form" (see attachment 4 for the format). After the punishment is announced, the "Disposal Registration (Report) Form", "Disposal Notification" and other relevant punishment materials are included in the personal file.
Seven. The sophistry is that the registration notice is still in the personal file, and the cadres returning to their hometowns to report are obviously untenable. The "Measures for the Application and Issuance of Resident Identity Cards for Active-duty Soldiers and People's Armed Police" stipulates: "If active-duty military personnel and People's Armed Police need to prove their citizenship status when engaging in relevant social activities, they must present their resident identity cards; to perform tasks, handle official business, and enjoy pension benefits If you need to prove your status as an active-duty soldier or People's Armed Police Force, you must provide proof of identity documents issued by the military and armed police forces. "The separation of military registration and household registration does not mean the officer's return to his hometown.
The police station will register and settle based on the divorce certificate issued by the Civil Affairs Bureau and the military citizen identity number registration form approved by the public security agency. The soldiers' civil identification numbers did not match the youth conscript registration form, the police officer's demobilization approval report, or even the court verdict. To be precise, the file contains three identities: enlistment, demobilization, and household registration. This is a file produced by the Political Department of the Border Guard Corps.
The Political Department of the Corps failed to deliver 2 notices for accepting demobilized cadres, and refused to apply for administrative introduction letters for cadres. Four housing demand forms for demobilized military cadres that should be issued to individuals also appeared in the personal files. Notice requirements: "I am required to bring this notice to report to the Leshan City Veterans Resettlement Office before 11." "Copy to the Leshan City Veterans Resettlement Office."
Cc is eight years old and is still waiting for its owner to register the certificate in his personal file. Is there really a film art that travels through time and space that should be registered with the Civil Affairs Bureau before it can be included in his personal file?
Notice on the resettlement of demobilized military cadres in 2003. Article 2 Demobilized military cadres are generally placed in their place of origin, place of enlistment or the place of their spouse’s permanent residence. They may be placed in the place of their spouse’s permanent residence before joining the army or when they get married. , or it can be placed in the place of permanent residence of the parents, spouse, parents and their children. If relocation is required due to work needs or special circumstances, it must be approved by the civil affairs department at or above the provincial level.
Both husband and wife are military cadres. If one of the spouses is demobilized at the same time, they can be placed in either military garrison. Unmarried or divorced military cadres who have transferred to military service can be resettled according to the conditions of the spouses of military cadres stationed there.
Except for demobilized military cadres who enlisted in rural areas, whose spouses and children have registered permanent residence in rural areas, and who request resettlement in rural areas, they do not have agricultural registered permanent residence. The household registration management department of the resettlement place shall handle the settlement procedures with the certificate from the civil affairs department at or above the county (city, district) level.
Eighth, the provincial military region, garrison region, and garrison region should complete the transfer of files of demobilized military cadres before September 10. All provinces, autonomous regions, and municipalities directly under the Central Government must issue registration notices before the end of September and do a good job in accepting demobilized military cadres. The registration deadline for demobilized military cadres is 10.
After receiving the registration notice, the demobilized military cadres will be directly introduced by the political organs above the division level to the civil affairs department of the resettlement county (city, district) to report. Problems that occur before demobilized military cadres report to the local area shall be handled by the original army; problems that arise after reporting to the local government shall be handled by the resettlement government; if the former army is involved, the original army shall assist the resettlement government in handling the problems. For those who refuse to leave the unit after education and registration without legitimate reasons, the original unit will impose disciplinary sanctions or other penalties in accordance with relevant regulations, and designate a person to transfer them to the place where the civil affairs and public security departments of the resettlement place will handle the acceptance and settlement procedures in a timely manner.
8. The "Police Demobilization Approval Report Form" does not recognize the Intermediate Court's ruling, and he will not be allowed to leave the police force in 2008. In 2005, the county court sentenced three to five suspended sentences, and in 2008, the suspended period had not yet expired. The Intermediate Court's decision was an abuse of power because it was good to shorten the probation period of the suspended sentence. There is no record of the Intermediate People's Court's ruling in the "Police Officer Demobilization Approval Report" in the file, and the columns for my opinions and reasons for work assignment are still blank. I don’t know whether this report from the Political Department of the Corps is reliable. Regarding the appeal to the Intermediate People's Court, the parties involved did not know that the facts had already been established when the detachment cadre section served the ruling during the Spring Festival of 2008. If a 15-year-old battalion-level officer with no political future returns to China, is it necessary to shorten his probation period?
Article 23 of the "Regulations on Cadre Archives Work": The collected materials must be carefully identified. The archived materials should be authentic, complete, clear in text, clear in substance, and complete in procedures. If it is required to be stamped by the organization or signed by the person, it can only be included in the cadre file after being stamped and signed.
Strength and sophistry are useless. Neither the court's ruling nor the relevant records in the files can be changed. Only practical action can solve it. How far are we from the military's administration according to law? After reading this article, everyone will know that this is not a moral or legal issue, but a man-made issue. It seems that the Cultural Revolution is not over yet, and the literary prison is still there. I hope adults can solve it! Hopefully the judiciary and defense personnel will care about those guilty of wearing uniform. This is a judicial dead end. Your cry will be powerful only if you write professionally.