A Study On The Application Of The Third Form Of Supervision And Discipline Enforcement To Deal With The Problems Of Duty Crimes

As the concept of supervision and discipline enforcement,the “four forms” have been written into several important laws and regulations of the Party.Some local discipline inspection and supervision organs have formulated relevant implementation documents,and have also explored the mutual transformation of the “four forms”.Since the reform of the supervision system,the Supervision Law and the Administrative Punishment Law have been implemented,and the discipline inspection and supervision organs work together to handle cases of discipline violations,duty violations and duty crimes.In general,the “third form” is that for public officials who seriously violate the law and discipline,discipline inspection and supervision organs should take measures such as heavy punishment of party discipline,government sanction and major post adjustment.The “fourth form” is that for public officials suspected of duty crimes,the discipline inspection and supervision organs transfer the case to the judicial organs.In practice,some local discipline inspection and supervision organs use the “third form” to deal with the respondents who constitute duty crimes but have the special circumstances such as leniency or mitigation,that is,the transformation from the “fourth form” to the“third form” is applicable.The application of “four to three” has certain theoretical basis and practical significance,but it is related to the “convergence of discipline and law” and the “convergence of law and law”,which is of great importance to the construction of the rule of law anti-corruption system.And we should improve the relevant theories and systems according to the practice.Based on the analysis of the implementation documents of “four to three” formulated by the local discipline inspection and supervision organs and related cases,this paper discusses the problems existing in the use of “the third form” in handling the cases of duty crimes.The application of “four forms” is confused in practice because of its abstract meanings,especially the application of the “four to three” has great controversy.The application of “four to three” should be clearly stipulated by law and strengthened by external supervision,and there is a risk of using “the third form” to give heavy punishment to public officials to digest duty crimes,resulting in the problem of decriminalization of duty crimes.This paper suggests the following normative measures:From the aspect of legislation,through the formulation of supervisory laws and regulations to improve standards of the “four forms”,to prevent the abuse of “four to three”.From the aspect of procedure,the procuratorate should be improved to intervene in advance the procedure to strengthen the supervision over the handling of duty illegal and criminal cases by supervisory organs.In terms of the system,the establishment of disclosure system of duty violations case,to public the use of the “third form” to deal with serious duty violation cases,so as to accept the social supervision.And we will explore the indirect way through judicial procedure of the “four to three”,and improve the system of leniency in the Supervision Law.For public officials suspected of duty crimes but with special circumstances,supervisory organs should make suggestions on leniency in punishment,and procuratorates and courts should act in accordance with the spirit of leniency in punishment if they plead guilty and accept punishment,to resolve disputes over the application of the “four to three”.