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Regulations of Jiangsu Province on Prevention of Duty Crimes
The term "duty crime" as mentioned in these Regulations refers to the crime of corruption and bribery, the crime of dereliction of duty by state functionaries, the crime of state functionaries violating citizens' personal rights and democratic rights by taking advantage of their powers, and other crimes committed by state functionaries by taking advantage of their powers. Article 3 State organs, people's organizations, state-owned companies, enterprises and institutions all have the obligation to prevent duty crimes, and every citizen has the right to participate in the prevention of duty crimes. Article 4 The prevention of duty crimes shall be based on the principles of treating both the symptoms and root causes, comprehensive management, giving equal attention to punishment and prevention, paying equal attention to education, system and supervision, and combining internal prevention of units, special prevention of functional organs and social prevention. Article 5 Establish and improve the leadership system and working mechanism for preventing duty crimes. The coordination agencies of provinces, cities with districts and counties (cities, districts) are responsible for guiding and coordinating the prevention of duty crimes within their respective administrative areas.
The local people's procuratorates at or above the county level shall be responsible for the daily work of the coordinating body for the prevention of duty crimes.
State organs, people's organizations and state-owned companies, enterprises and institutions shall, within the scope of their respective duties, carry out the work of preventing duty crimes. Article 6 The prevention of duty crimes shall abide by laws and regulations, and maintain the normal management, production and business order of state organs, people's organizations and state-owned companies, enterprises and institutions. Article 7 The prevention of duty crimes shall be based on territorial management, supplemented by hierarchical management. Eighth special funds for the prevention of duty crimes are included in the financial budget of the people's governments at or above the county level. Chapter II Preventive Duties Article 9 State organs, people's organizations and state-owned companies, enterprises and institutions shall carry out the work of preventing duty crimes according to law and perform the following duties:
(a) to formulate work plans and measures to prevent job-related crimes, and organize their implementation;
(two) to investigate and deal with illegal acts within the scope of duties, and to transfer them to judicial organs in time if they are found to be suspected of duty crimes;
(three) to inspect and guide the subordinate units in the prevention of duty crimes;
(four) accept the supervision and guidance of the relevant state organs, and truthfully provide relevant information and materials;
(5) Other duties of preventing duty crimes. Tenth prevention of duty crimes to implement the leadership responsibility system. The principal responsible persons of state organs, people's organizations, state-owned companies, enterprises and institutions are the first responsible persons, and other responsible persons assume direct leadership responsibilities according to the division of labor.
State organs, people's organizations, state-owned companies, enterprises and institutions shall designate relevant internal departments to undertake the specific work of preventing duty crimes in their own industries or units. Eleventh procuratorial, judicial, public security, supervision, auditing and other state organs shall, according to their own functions, perform the duties of preventing duty crimes of other state organs, people's organizations and state-owned companies, enterprises and institutions. Twelfth procuratorial organs should carry out the following work in combination with the legal supervision function:
(a) to guide and cooperate with the work of the case prevention unit in combination with the investigation and handling of cases;
(two) combined with case analysis, guide and cooperate with the relevant competent departments to carry out systematic prevention in key industries and fields;
(three) to guide and cooperate with the relevant authorities and competent departments to carry out special prevention in combination with key projects invested by the public, large-scale equipment procurement bidding, assignment and transfer of operating land use rights, centralized government procurement and other key projects;
(four) to investigate and study the prevention of duty crimes, and put forward preventive countermeasures and suggestions;
(five) to carry out education, publicity and consultation on the prevention of duty crimes;
(six) other duties that should be performed according to law. Thirteenth judicial organs should punish duty criminals according to law through criminal trials, give play to the educational role of judicial activities, and carry out legal publicity and warning education for citizens. Fourteenth public security organs should combine the investigation function, put forward countermeasures and suggestions to prevent duty crimes, guide and cooperate with relevant units to do a good job in prevention, and carry out education, publicity and consultation on the prevention of duty crimes. Fifteenth supervisory organs shall perform their supervisory duties according to law, and in conjunction with the relevant organs, supervise other state organs, people's organizations and state-owned companies, enterprises and institutions to perform their duties of preventing duty crimes; By investigating and dealing with the illegal and dereliction of duty of relevant units and their staff, we will educate state staff to perform their duties according to law. Article 16 Audit institutions shall perform their duties of audit supervision according to law, audit the budgets and final accounts of other state organs, people's organizations and state-owned companies, enterprises and institutions, and the economic responsibilities of key construction projects and leading cadres, and disclose the audit results according to law; If there is a hidden danger of duty crime, it shall timely put forward rectification opinions. Article 17 State functionaries shall abide by laws and regulations, consciously accept the education and supervision on the prevention of duty crimes, and shall not practice favoritism, abuse their powers, neglect their duties, or commit any of the following acts:
(a) accepting gifts or seeking personal gain in the process of recruiting, hiring or selecting and appointing state functionaries;
(two) seeking personal gain for individuals and units in the process of exercising administrative licensing rights and government procurement, fund allocation and use;
(3) interfering with judicial organs or administrative law enforcement departments in performing their duties according to law by taking advantage of the convenient conditions formed by their functions and powers or status;
(4) accepting cash, negotiable securities, payment vouchers, valuables and other interests that may affect the impartial performance of duties from units and individuals related to the exercise of functions and powers;
(five) using their powers to ask the relevant units to provide loans, subsidies, loans or guarantees for their spouses, children, relatives and friends;
(six) the use of authority to provide convenience and preferential conditions for spouses, children and other relatives to do business;
(seven) other illegal acts committed by taking advantage of their functions and powers.
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