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The trial process of discipline inspection and supervision cases
Legal analysis: 1. After receiving the investigation report, the case hearing department shall accept it if it meets the transfer conditions after examination, and may suspend or reject it if it does not meet the transfer conditions.

2. For major, complex and difficult cases, the supervision, inspection, review and investigation departments have found out the facts of major violations of discipline or duty crimes and put forward tendentious opinions; If there are great differences on the nature of suspected violation of discipline or duty violation or duty crime, the approved case hearing department may intervene in advance.

3. After accepting the case, the case hearing department shall set up a hearing group composed of more than two people to comprehensively hear the case files and put forward the hearing opinions.

4. Adhere to the principle of collective deliberation and form handling opinions on the basis of democratic discussion; If there is a big dispute, it should be reported in time and a decision should be made after reaching an agreement. According to the trial of the case, the case trial department shall talk with the person under investigation, check the facts of violation of discipline or duty violation and duty crime, listen to the defense opinions and understand the relevant situation.

5. If the main facts are unclear and the evidence is insufficient, with the approval of the principal responsible person of the discipline inspection and supervision organ, it will be returned to the supervision, inspection and investigation department for re-examination and investigation; Need to supplement and improve the evidence, with the approval of the relevant person in charge of the discipline inspection and supervision organs, returned to the supervision and inspection, review and investigation departments for supplementary review and investigation.

6. After the trial, a trial report shall be formed, including the basic information of the investigated person, the investigation briefing, the facts of violation of discipline or duty crime, the disposal of the property involved, the opinions of the supervision and inspection department or the investigation department, and the trial opinions. The trial report should reflect the characteristics of inner-party review, identify the nature of the facts of violation of discipline according to the Regulations on Disciplinary Actions of the Chinese Production Party, analyze the wrong nature of the respondents who violated party constitution and deviated from the nature and purpose of the Party, and reflect their attitude, understanding and ideological transformation process. If criminal responsibility needs to be investigated for suspected duty crimes, a prosecution opinion should also be formed as an annex to the trial report.

Legal basis: Article 55 of the Interpretation of Rules for Supervision and Discipline of Discipline Inspection Organs in communist party, China. The trial shall be conducted according to the following procedures:

(a) after receiving the investigation report, the case trial department shall accept it if it meets the conditions for transfer, and may suspend the acceptance or reject it if it does not meet the conditions for transfer.

(two) for major, complex and difficult cases, the supervision, inspection, examination and investigation departments have found out the facts of major violations of discipline or duty crimes and put forward tendentious opinions; If there are great differences on the nature of suspected violation of discipline or duty violation or duty crime, the approved case hearing department may intervene in advance.

(3) After accepting the case, the case hearing department shall set up a hearing group composed of two or more persons to conduct a comprehensive hearing on the case file and put forward the hearing opinions.

(four) adhere to the principle of collective deliberation and form opinions on the basis of democratic discussion; If there is a big dispute, it should be reported in time and a decision should be made after reaching an agreement. According to the trial of the case, the case trial department shall talk with the person under investigation, check the facts of violation of discipline or duty violation and duty crime, listen to the defense opinions and understand the relevant situation.

(five) the main facts are unclear and the evidence is insufficient. With the approval of the main person in charge of the discipline inspection and supervision organ, it shall be returned to the supervision, inspection and investigation department for re-examination and investigation; Need to supplement and improve the evidence, with the approval of the relevant person in charge of the discipline inspection and supervision organs, returned to the supervision and inspection, review and investigation departments for supplementary review and investigation.

(6) After the trial, a trial report shall be formed, including the basic information of the respondent, a brief review of the investigation, the facts of violation of discipline or duty crime, the disposal of the property involved, the opinions of the supervision and inspection department or the review and investigation department, and the trial opinions. The trial report should reflect the characteristics of inner-party review, identify the nature of the facts of violation of discipline according to the Regulations on Disciplinary Actions of the Chinese Production Party, analyze the wrong nature of the respondents who violated party constitution and deviated from the nature and purpose of the Party, and reflect their attitude, understanding and ideological transformation process. If criminal responsibility needs to be investigated for suspected duty crimes, a prosecution opinion should also be formed as an annex to the trial report.

Disciplinary action shall be given to members of the Party Committee and alternate members, members of the Commission for Discipline Inspection and members of the Supervisory Committee at the same level. Before deliberation by the Party Committee at the same level, they shall communicate with the Supervisory Committee of the Commission for Discipline Inspection at a higher level and form a handling opinion.

After the trial is completed within 1 month from the date of acceptance, major and complicated cases may be extended appropriately upon approval.