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    On the Persons Involved in the Law Case and Their Rights Protection by the Law on Supervision
    QIN Qianhong, LI Shihao
    Journal of Jishou University(Social Sciences Edition)    2023, 44 (4): 1-11.   DOI: 10.13438/j.cnki.jdxb.2023.04.001
    Abstract672)      PDF(pc) (858KB)(354)       Save
    Under the background of deepening the reform of discipline inspection and supervision system,the Law on Supervision stipulates the special concept of persons involved in the law case.In practice,the supervisory organs and supervisors are confused about the concept of the persons involved in the case,and the Law on Supervision does not have any provision to clearly define the concept of the persons involved.Through the investigation and summary of the Law on Supervision and the Regulations on the Implementation of the Law on Supervision,the broad type characteristics of the persons involved in the normative system of the Law on Supervision can be abstracted,that is,they are involved in the crimes committed by public officials under the jurisdiction of the supervisory organs,related to the main case.Within the scope of the meaning of the persons involved in the case in a broad sense,from the point of view of the protection of human rights,the persons involved should be clearly defined as those who are related to the main case and are suspected of bribery,introduction of bribery or joint duty crimes.The provisions of the persons involved in the norms of the Law on Supervision that conflict with the above definition should be amended in the subsequent legislation in order to maintain the unity of the legal system.Under the premise of punishing corruption,in order to protect the legal rights of the persons involved in the case,we should do a good job in the understanding and application of the lenient system of pleading guilty to punishment.In the supervision procedure,the right of lawyer assistance is given to the persons involved in the case,and the legal assistance system of public lawyers is established.When applying monitoring measures to the persons involved in the case,they must strictly abide by the law and comply with the principle of proportionality.In addition,the qualified persons involved in the case should be transformed into "tainted witnesses" through the construction of the system,and exemptions should be provided for them to testify.
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    On the Discipline Construction of the Study of Discipline Inspection and Supervision
    TA Na
    Journal of Jishou University(Social Sciences Edition)    2023, 44 (4): 12-21.   DOI: 10.13438/j.cnki.jdxb.2023.04.002
    Abstract460)      PDF(pc) (830KB)(144)       Save
    Based on the holistic nature of the reform of the discipline inspection and supervision system of the Party and the state,the common theoretical basis of discipline inspection and supervision activities,and the integration at the practical level,discipline inspection and supervision should not be separated,and thus the disciplinary system needs to be constructed by transitioning fromthe study of supervision law to the study of discipline inspection and supervision.The study of discipline inspection and supervision has strong interdisciplinary and outstanding application characteristics,so the construction of disciplinary system should integrate law,Marxist theory,political science and other related disciplines,so as to form the basic theory unique to the discipline inspection and supervision field.The construction of Party style and clean government and anti-corruption work are based on the existing discipline inspection and supervision systems and policies,and by far,should be based on discipline inspection and supervision of Party regulations and national laws.With this regard,four types of discipline contents,i.e.,the basic theory,system,policy,and laws and regulations of discipline inspection and supervision,can be formed.The study of basic theory guides the work as a whole,and reveals the common theoretical principles of discipline inspection and national supervision;the study of system focuses on the basic problems such as the institution setting,the leadership system and the internal organization structure;the study of policy solve the policy and strategy problems;and the study of law and regulations emphasizes the legalization and standardization of discipline inspection and supervision work,involving the standardized handling of supervision and inspection,and cases of disciplinary violations,job violations,and job crimes,achieving the goal of discipline and law coherence and the convergence of legal laws.The classification of the discipline system can reflect the Chinese characteristics of discipline construction,as well as meet the needs of discipline inspection and supervision work,and is a discipline system construction path combining theory and practice.
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