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Notice by the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, et al. of Assuming Responsibility According to the Division of Labor for, Cooperating in, and Exercising Balances and Checks in Severely Punishing Public Officials Committing Violations and Crimes Related to Organizations of a Gangland Nature and Gang-like Groups in the Special Criminal Syndicate Combat [Effective]
国家监察委员会、最高人民法院、最高人民检察院等关于在扫黑除恶专项斗争中分工负责、互相配合、互相制约严惩公职人员涉黑涉恶违法犯罪问题的通知 [现行有效]
【法宝引证码】

Notice by the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice of Assuming Responsibility According to the Division of Labor for, Cooperating in, and Exercising Balances and Checks in Severely Punishing Public Officials Committing Violations and Crimes Related to Organizations of a Gangland Nature and Gang-like Groups in the Special Criminal Syndicate Combat 

国家监察委员会、最高人民法院、最高人民检察院、公安部、司法部关于在扫黑除恶专项斗争中分工负责、互相配合、互相制约严惩公职人员涉黑涉恶违法犯罪问题的通知

For the purposes of conscientiously implementing the major decisions and arrangements of the CPC Central Committee on conducting the Special Criminal Syndicate Combat, comprehensively carrying out the spirit of the important instructions from General Secretary Xi Jinping on combining the Special Criminal Syndicate Combat with corruption combat and the punishment of corrupt officials at primary level, further regulating and strengthening the coordination and cooperation among supervisory authorities, people's courts, people's procuratorates, public security authorities, and justice authorities at all levels in punishing public officials committing violations and crimes related to organizations of a gangland nature and gang-like groups, and promoting greater achievements in the Special Criminal Syndicate Combat, according to the provisions of the Criminal Law, the Criminal Procedure Law, the Supervision Law, and the Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Certain Issues Concerning Handling of Criminal Cases Involving Organizations of a Gangland Nature and Gang-like Groups, the relevant issues are hereby announced as follows: 为认真贯彻党中央关于开展扫黑除恶专项斗争的重大决策部署,全面落实习近平总书记关于扫黑除恶与反腐败结合起来,与基层“拍蝇”结合起来的重要批示指示精神,进一步规范和加强各级监察机关、人民法院、人民检察院、公安机关、司法行政机关在惩治公职人员涉黑涉恶违法犯罪中的协作配合,推动扫黑除恶专项斗争取得更大成效,根据刑法刑事诉讼法监察法及最高人民法院、最高人民检察院、公安部、司法部《关于办理黑恶势力犯罪若干问题的指导意见》的规定,现就有关问题通知如下:
I. General requirements   一、总体要求
1. Further enhancing political stance. Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be adhered to as the guide, and from the political perspective of strengthening the “consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment,” increasing the “confidence in the path, theory, system, and culture of socialism with Chinese characteristics,” and “defending the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and the authority and centralized and unified leadership of the CPC Central Committee,” based on the overall work of the Party and the state, the significance of carrying out the Special Criminal Syndicate Combat shall be profoundly understood and grasped. The root of breeding organizations of a gangland nature and gang-like groups shall be profoundly explored, the survival base of organizations of a gangland nature and gang-like groups shall be eradicated, public officials committing violations and crimes related to organizations of a gangland nature and gang-like groups shall be severely punished, and organizations of a gangland nature and gang-like groups shall be eliminated entirely, so as to effectively maintain the public interest, further purify the political ecology at the primary level, promote the continual and in-depth development of the Special Criminal Syndicate Combat, and advance the continual extension of the full and strict governance over the Party to the primary level. 1.进一步提升政治站位。坚持以习近平新时代中国特色社会主义思想为指导,从增强“四个意识”、坚定“四个自信”、做到“两个维护”的政治高度,立足党和国家工作大局,深刻认识和把握开展扫黑除恶专项斗争的重大意义。深挖黑恶势力滋生根源,铲除黑恶势力生存根基,严惩公职人员涉黑涉恶违法犯罪,除恶务尽,切实维护群众利益,进一步净化基层政治生态,推动扫黑除恶专项斗争不断向纵深发展,推进全面从严治党不断向基层延伸。
2. Adhering to factualness. The fact as basis and the law as the yardstick shall be adhered to, the mens rea, actus reus, specific circumstances, and harmful consequences of perpetrators, the criminal fact of relevant organizations of a gangland nature and gang-like groups, the nature of crime, criminal circumstances, and the degree of harm to society shall be comprehensively considered, so as to accurately determine the nature of problems and achieve impartiality, fair treatment, and due punishment. The principle of learning from past mistakes to avoid future ones and dealing with wrongs to educate wrongdoers shall be adhered to, the boundaries between guilt and innocence shall be strictly defined, and differentiated treatment and justice tempered with mercy shall be administered. 2.坚持实事求是。坚持以事实为依据,以法律为准绳,综合考虑行为人的主观故意、客观行为、具体情节和危害后果,以及相关黑恶势力的犯罪事实、犯罪性质、犯罪情节和对社会的危害程度,准确认定问题性质,做到不偏不倚、不枉不纵。坚持惩前毖后、治病救人方针,严格区分罪与非罪的界限,区别对待、宽严相济。
3. Adhering to a problem-oriented approach. The point of contact between the Special Criminal Syndicate Combat and the anti-corruption work among public officials at primary level shall be accurately identified, the focus shall be on key regions, industries, and fields where the problem related to organizations of a gangland nature and gang-like groups is prominent and where the public intensively file complaints, close attention shall be paid to urban-rural fringe areas, close attention shall be paid to industries and fields where the problem related to organizations of a gangland nature and gang-like groups is prone and frequent to happen such as construction projects, transport, mineral resources, trade fairs, fishing, and fund-raising and lending, close attention shall be paid to “ village party committees and villagers' committees,” town, township, and basic stations and offices, and their staff, and public officials committing violations and crimes related to organizations of a gangland nature and gang-like groups shall be seriously investigated and punished. 3.坚持问题导向。找准扫黑除恶与反腐“拍蝇”工作的结合点,聚焦涉黑涉恶问题突出、群众反映强烈的重点地区、行业和领域,紧盯农村和城乡结合部,紧盯建筑工程、交通运输、矿产资源、商贸集市、渔业捕捞、集资放贷等涉黑涉恶问题易发多发的行业和领域,紧盯村“两委”、乡镇基层站所及其工作人员,严肃查处公职人员涉黑涉恶违法犯罪行为。
II. Strictly investigating and handling cases of public officials committing violations and crimes related to organizations of a gangland nature and gang-like groups   二、严格查办公职人员涉黑涉恶违法犯罪案件
4. Supervisory authorities, people's courts, people's procuratorates, and public security authorities at all levels shall focus on cases of violations and crimes committed by organizations of a gangland nature and gang-like groups and the process of their expansion and strictly investigate cases of public officials committing violations and crimes related to organizations of a gangland nature and gang-like groups. Supervisory authorities, people's courts, people's procuratorates, and public security authorities at all levels shall focus on investigating and handling the following cases: cases in which public officials directly organize, lead, and participate in the illegal and criminal activities of organizations of a gangland nature and gang-like groups; cases in which public officials harbor, connive at, and support crimes by organizations of a gangland nature and gang-like groups and other serious criminal offenses; cases in which public officials receive bribes, abuse power, help the members of organizations of a gangland nature and gang-like groups to be appointed to public office or receive political honor, appropriate state and collective funds, resources, and assets, undermine the fair competition order, or provide policies, projects, funds, financial credit, and other support and assistance for organizations of a gangland nature and gang-like groups; cases in which state agency employees charged with investigation, prohibition, and regulatory duties abuse their powers and neglect their duties in such a manner as to help criminals circumvent punishment; cases in which judicial employees practice favoritism in violation of the law, make civil adjudication in violation of the law, neglect duty or abuse power when enforcing judgments and rulings, release detainees without permission, and practice favoritism and falsehood when granting commutation, parole, and temporary service of sentences outside prison; cases taking place in the Special Criminal Syndicate Combat in which public officials abuse their powers, practice favoritism and falsehood, harbor and obstruct the investigation and punishment of crimes by organizations of a gangland nature and gang-like groups, divulge state secrets, trade secrets, and work secrets, and tip off criminals; and cases in which public officials use their powers to retaliate against case-handling personnel.
......
 4.各级监察机关、人民法院、人民检察院、公安机关应聚焦黑恶势力违法犯罪案件及坐大成势的过程,严格查办公职人员涉黑涉恶违法犯罪案件。重点查办以下案件:公职人员直接组织、领导、参与黑恶势力违法犯罪活动的案件;公职人员包庇、纵容、支持黑恶势力犯罪及其他严重刑事犯罪的案件;公职人员收受贿赂、滥用职权,帮助黑恶势力人员获取公职或政治荣誉,侵占国家和集体资金、资源、资产,破坏公平竞争秩序,或为黑恶势力提供政策、项目、资金、金融信贷等支持帮助的案件;负有查禁监管职责的国家机关工作人员滥用职权、玩忽职守帮助犯罪分子逃避处罚的案件;司法工作人员徇私枉法、民事枉法裁判、执行判决裁定失职或滥用职权、私放在押人员以及徇私舞弊减刑、假释、暂予监外执行的案件;在扫黑除恶专项斗争中发生的公职人员滥用职权,徇私舞弊,包庇、阻碍查处黑恶势力犯罪的案件,以及泄露国家秘密、商业秘密、工作秘密,为犯罪分子通风报信的案件;公职人员利用职权打击报复办案人员的案件。
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