Rule number two The term "duty crime" as mentioned in these Provisions refers to the crime of corruption and bribery, duty crime, infringement crime, military violation of duty crime and other crimes committed by active duty officers, civilian cadres, soldiers and students with military status, as well as reservists and other personnel performing military tasks. ?
Rule three. The work of preventing job-related crimes in the army is an activity that Party committees and organs at all levels lead, organize and implement to control and prevent job-related crimes around the overall situation of army building, and it is a regular, comprehensive and basic work to strengthen the building of a clean government. ?
Article 4? The army's duty crime prevention work should adhere to the guidance of Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory and Theory of Three Represents, implement the important instructions of the CPC Central Committee and the Central Military Commission on combating corruption, improving the party's ruling ability and strictly administering the army according to law, closely focus on fulfilling the historical mission of our army in the new century and new stage, focus on promoting military reform with China characteristics, and make good preparations for military struggle. Closely combine combat readiness training, political education, national defense construction, administrative management and departmental business, start from the source, pay equal attention to education, system and supervision, combine the rule of law with the rule of virtue, combine punishment and prevention, and combine palliative care with permanent cure, effectively prevent soldiers from failing to perform their duties according to law, reduce general duty crimes and curb major cases. ?
Article 5? All units should adhere to the preventive leadership system and work pattern of unified leadership by party committees, responsibility by organs and departments, and participation by officers and men. ?
(a) Party committees at or above the regimental level shall lead the work of preventing duty crimes in their own units, with the secretary of the Party committee as the first responsible person and a member of the Standing Committee responsible for the division of labor.
(1) lead and organize troops to carry out the prevention of duty crimes.
(2) to convey the instructions of the higher authorities on the prevention of duty crimes and put forward implementation opinions.
(3) Check and analyze the prevention of duty crimes, and study and solve the existing problems.
(four) to lead and support the political and legal organs to investigate and deal with duty crime cases according to law. ?
(2) Leading groups for political and legal work at all levels are responsible for organizing and implementing the work of preventing duty crimes in their own units.
(1) Formulate and organize the implementation of specific measures to implement the relevant instructions of superiors.
(2) Analyze the work situation and put forward preventive opinions and countermeasures.
(three) to organize and coordinate the investigation of duty crime cases and solve specific problems in handling cases.
(four) to check the situation of preventing duty crimes in the army, sum up experiences and lessons, and put forward opinions on rewards and punishments. ?
(three) organs and departments at all levels to carry out the prevention of duty crimes in accordance with the division of responsibilities.
(1) formulate preventive systems and measures in combination with the characteristics and laws of business work.
(2) Summarize and popularize the experience of prevention work, publicize typical cases and promote the development of prevention work.
(three) to be responsible for the inspection, guidance and supervision of the prevention work of organs and departments at lower levels.
(4) Other departments shall assist and cooperate with political and legal organs to seriously investigate and deal with duty crime cases according to law.
(four) the military procuratorial organs are the functional departments for the prevention of duty crimes, and are responsible for the guidance, coordination and inspection of the prevention of duty crimes. ?
Article 6? All units should, according to the actual situation and characteristics, highlight key objects, key parts, important links and opportunities, focus on solving prone problems, and do a good job in preventing job-related crimes. ?
(1) Educate and urge cadres who hold leading positions at or above the regimental level in troops and organs, establish a correct world outlook, outlook on life, values, views on power, status and interests, use their power strictly according to law, perform their duties correctly, consciously accept education, management and supervision, and prevent problems such as abuse of power for personal gain and dereliction of duty in reading a job. ?
(2) Strengthen the education and management of personnel engaged in soldiers, cadres, finance, materials and oil, infrastructure barracks, equipment, etc., strictly abide by professional ethics, strictly implement rules and regulations, and prevent corruption, bribery, misappropriation of public funds, abuse of power and dereliction of duty. ?
(three) organs at all levels should do a good job in the prevention of duty crimes in medical institutions, warehouses, colleges and universities, scientific research and service guarantee units.
(1) Hospitals, sanatoriums, outpatient departments and other medical institutions should correct medical ethics, prevent illegal acceptance of property, prevent the production, supply, management and use of counterfeit and shoddy drugs, and prevent and eliminate major medical liability accidents.
(2) All kinds of warehouses should strictly abide by the regulations on the management of stored goods, implement the post responsibility system and safety measures, prevent embezzlement and misappropriation of stored equipment and materials, prevent loading and unloading inflammable and explosive goods in violation of operating procedures, and prevent consignment, transportation, collection and distribution of prohibited and dangerous goods.
(3) Colleges and universities should strictly implement the relevant regulations on enrollment and training, prevent unauthorized training of self-funded students involving the issuance of academic certificates, prevent unauthorized expansion of the scale and improvement of the training level of self-funded students, and prevent fraud and bribery by taking advantage of opportunities such as enrollment, examination and distribution.
(4) Scientific research units should strengthen the management of scientific research funds, transfer technological achievements and provide technical services according to law, prevent enterprises from operating by means of technology shares, prevent enterprises from engaging in large-scale production and operation activities of technical products without authorization, and prevent scientific research funds from being used for other purposes.
(5) Equipment supply, repair, scrap disposal and other units shall strictly abide by the regulations on the management of military equipment, prevent individuals from taking the opportunity to enrich themselves, provide profit-making services in disguise, and prevent the unauthorized sale of scrapped equipment.
(VI) Hostels, retired cadres, living service centers and other service guarantee units should strictly implement the regulations on the administration of paid services to foreign countries, prevent the illegal establishment of business projects, prevent unauthorized contracting and leasing operations to foreign countries, and prevent business-run enterprises. ?
(4) Battalions, companies, ships, flying brigades and their equivalent grass-roots units should conscientiously implement the outline of grass-roots construction of the army, adhere to the principles of openness, justice and fairness, and implement democratic discussion and collective decision-making on issues involving the vital interests of grass-roots officers and soldiers to prevent abuse of power for personal gain and encroachment on the interests of soldiers; Respect the personal rights and democratic rights enjoyed by grass-roots officers and soldiers according to law, and prevent the abuse of subordinates and illegal detention crimes. ?
(five) strictly implement the regulations on the management of weapons and equipment, abide by the operating rules, and implement safety measures to prevent major accidents such as weapons and equipment accidents caused by work; Strengthen the safety precautions at docks, airports, missile positions and other places to prevent the safety of important weapons and equipment from being endangered by leaving military duty posts without authorization (negligence); Strengthen the duty system of border defense, coastal defense and air defense readiness, keep personnel on duty, keep weapons and equipment in good condition, respond to emergencies in time, prevent dereliction of duty and ensure the safety of border defense, coastal defense and air defense. ?
(6) In carrying out major military tasks such as handling emergencies, participating in local emergency rescue and disaster relief, and reforming the system, timely grasp the ideological trends of officers and men in the army, conscientiously do a good job in cleaning up, registering and handing over weapons, equipment and property, and prevent the occurrence of crimes of misappropriating public funds and property and reading posts; In the process of equipment renovation, it is necessary to strictly examine and demonstrate the equipment renovation plan, strengthen the management of equipment funds, strictly implement the procedures of equipment research, procurement and maintenance, and prevent the criminal acts of misappropriating funds and studying for work; In battlefield construction, it is necessary to strictly examine and supervise the establishment, budget and construction of battlefield construction projects, strengthen the management of project bidding and fund use, and prevent corruption, bribery, misappropriation of public funds and work-study programs. ?
(seven) according to the combat tasks undertaken by the troops, different stages are distinguished, and the focus is on preventing job-related crimes in wartime. In the preparation stage of the war, grasp the realistic ideological state of the combatants in time, help the officers and men to overcome and eliminate the war-weariness and fear, establish the confidence to dare to fight and win, and prevent crimes such as leaving (abandoning) their posts, deserting soldiers and revealing military secrets; In the implementation stage of the war, urge officers and men to strengthen military duty, strictly abide by battlefield discipline, strengthen coordination, and prevent the occurrence of criminal acts such as fleeing from the battlefield, disobeying military orders, self-injury in wartime, passive combat, and refusing to rescue neighboring troops; At the end of the war, we should do a good job in cleaning up the battlefield, retreating and rebuilding, and escorting prisoners of war, and prevent criminal acts such as hurting residents, plundering residents' property, maltreating prisoners, and releasing prisoners privately. ?
Article 7? All units should establish an effective working mechanism to prevent job-related crimes in light of the actual situation. ?
(a) Regular situation analysis. Focusing on the political and economic situation of the country and the development of the army, according to the enemy's situation and the tasks undertaken by the army, combined with the deployment of maintaining security and stability, we often analyze the situation of preventing duty crimes, grasp the characteristics, laws and development trends of duty crimes, predict the causes of crimes, and study and put forward corresponding preventive countermeasures. ?
(2) Holding joint meetings on a regular basis. Units above the military level hold joint meetings with leaders of military affairs, cadres, discipline inspection, security, procuratorial and auditing departments every six months, and units below the division level hold joint meetings with leaders of units above the military level every quarter to inform the situation, exchange information, grasp the dynamics, and study the prevention of duty crimes. ?
(3) Report the work in time. Combined with the half-year annual work summary, report the job-related crime prevention work to the superior, and report the important situation and major problems in time. Especially the clues of major duty crime cases, must be reported immediately without delay or concealment. ?
(four) to carry out law enforcement inspection. Leading organs at all levels should strengthen the inspection and supervision of punishing duty crimes, carry out law enforcement inspections in a timely manner, and promptly urge and solve problems such as non-compliance with laws and lax law enforcement. Law enforcement inspection mainly adopts the combination of self-examination and joint inspection by political and legal departments, highlighting the inspection of case investigation, case trial and regulatory reform. ?
Article 8? All units should incorporate the education of duty crime prevention into the ideological and political education system of the army, as the teaching content of military academies and cadre training, and into the regular education of the army. Through the education of ideals and beliefs, honesty and diligence, military ethics and legal system, the officers and men's political consciousness and awareness of law and discipline will be improved, and their internal binding force and ability to resist corruption and change will be enhanced. ?
Article 9? All units should conscientiously implement the party's organizational life, open priorities, administrative management, cadre debriefing and honesty, post rotation and exchange avoidance, and make full use of the system to effectively prevent duty crimes. ?
Article 10? All units should strictly follow the requirements of the relevant provisions on the inspection and supervision of leading cadres, personnel, finance, material management personnel and major issues, organically combine the supervision of party organizations, organs at higher and lower levels, functional departments and the masses, and strengthen the supervision and restriction on the operation of power. ?
Article 11? All units should punish duty crimes in strict accordance with the law and give full play to the special preventive role of cracking down. Party committees and political organs at all levels should lead and support political and legal organs to investigate and deal with all kinds of duty crime cases according to law. Political and legal organs at all levels should correct their law enforcement ideas, improve their ability to handle cases, and handle cases in strict accordance with the law; We should attach importance to and give full play to the function of investigating and handling cases, use typical cases for warning education, conscientiously sum up lessons, do a good job in rectification, study the characteristics and laws of duty crime cases, and put forward solutions and methods. ?
Article 12? Party committees and organs should check and evaluate the work of preventing duty crimes, sum up experience, find problems, improve the system, and enhance the guidance, pertinence and effectiveness of the work of preventing duty crimes. Party committees at or above the division level are responsible for leading and organizing the inspection and evaluation of the prevention of duty crimes by leading cadres of organs at the same level and party committees at the next level; The inspection and assessment of directly affiliated units and grass-roots units shall be the responsibility of the competent department or the Communist Youth League Party Committee. The inspection and evaluation results should be used as an important basis for work assessment, reward and punishment of units and individuals. The problems found in the inspection and evaluation shall be ordered to make corrections within a time limit. The inspection and evaluation results should be notified in time and reported to the higher party Committee as the content of the work report. ?
Thirteenth in the prevention of duty crimes, units and individuals that meet one of the following conditions shall be commended and rewarded in accordance with the Regulations on Disciplinary Actions of the People's Liberation Army of China and other relevant provisions:
(a) conscientiously implement the system and measures to prevent duty crimes and make outstanding contributions to promoting army building; ?
(two) leading, organizing, participating in the investigation or assisting in the investigation of major duty crime cases, and making remarkable achievements; ?
(three) strictly perform their duties, dare to fight against duty crimes, prevent criminal cases, or effectively reduce the harm and loss; ?
(four) other should be rewarded. ?
Fourteenth in any of the following circumstances, in accordance with the (China People's Liberation Army Disciplinary Regulations) and other relevant regulations, the directly responsible personnel and the personnel with leadership responsibilities shall be given disciplinary sanctions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the measures to prevent duty crimes are not implemented, and the work is dereliction of duty, which leads to the occurrence of duty crimes; ?
(2) Deliberately delaying, concealing, degrading or making false reports when finding clues or cases of duty crimes; ?
(3) Failing to report, accuse, expose and investigate the problems of duty crimes, engaging in malpractices for personal gain, failing to arrest, accepting bribes or perverting the law; ?
(4) retaliating against an informer or accuser, beating or cursing a criminal suspect, or extorting a confession by torture, thus causing serious consequences or adverse effects; ?
(five) in violation of the provisions, other should be punished.
? Article 15 These Provisions shall apply to the prevention of duty crimes by the Chinese People's Armed Police Force.