On September 21, the public account of "Qingfeng Anyang" released drunk driving drunk and driving accountable without exception.On September 10, the Anyang Discipline Inspection Commission publicly notified the two typical problems of drunk driving to the society, which caused heated discussion among netizens.Among them, Malacca, the original business staff of the Rengu Town Government of Tangyin County, and the deputy brigade (deputy director) of the Longan Brigade (Branch) of the Anyang City Administration Bureau (deputy director), the deputy brigade (deputy director) of the Anyang City Administration, was drunk.Fan Xiaodong was severely warned by the party and was severely punished by the party.
As the same drunk driving behavior, Malacca was expelled from the business staff, and Fan Xiaodong, the deputy captain (deputy director) of the deputy captain (deputy director), was only severely warned within the party and the administrative records were greatly punished.Why are the two cases in the notice the same as "drunk driving" and the results are very different?
For this, the article explains four points:
The first is different alcohol content.Malacca's blood alcohol content is 195.34 mg/100 ml, Fan Xiaodong's blood alcohol content is 108 mg/100 ml, and the two are in line with the opinions on handling criminal cases of drunk driving (implemented on December 28, 2023, hereinafter referred to as "2023 opinion".) Article 4 Drunk driving standards of "blood alcohol content reaches 80 mg/100 ml".However, Fan Xiaodong's alcohol content conforms to the "blood alcohol content less than 150 mg/100 ml" stipulated in Article 12 of the Opinion.Standards.
The second is different statutory circumstances.When Malacca was seized, he did not park in accordance with the instructions of the police and continued to drive forward. After being stopped by the blocking device placed by the police officer, he had a legal plot; when Fan Xiaodong was seized, he did not evade law enforcement inspections and did not cause social harm.After the case, the case was truthfully confession, with a good attitude, confession and punishment, and a legal plot.
Third is different legal consequences.If Malacca does not meet the standards stipulated in the 2023 opinion, the standards that can be performed, withdrawn, exempt or not complained, must be transferred to the prosecution and sentenced to a real sentence in accordance with the law.On June 28, 2024, he was sentenced to two months in accordance with the law for dangerous driving and fined 10,000 yuan.Fan Xiaodong's blood alcohol content is much lower than 150 mg/100 ml, and the public security organs may not be able to establish a case or revoke the case.On May 1, 2024, the public security organs withdrew the case according to law and punished their administrative penalties.
Fourth is the different basis basis.Malacca is a worker in the career, and is not a member of the Communist Party of China.Article 23 of the provisions stipulates that it will be fired, detention, detention, or punishment (including probation) by intentional crimes, or sentenced to prison for prison.Malacca is sentenced to two months in accordance with the law and a fine of RMB 10,000. It should be expelled in accordance with regulations.Fan Xiaodong is a public officer (deputy department level), and is a member of the Communist Party of China. It shall apply to the Communist Party of China Disciplinary Affairs Regulations, respectively.Article 35 of the Disciplinary Regulations of the Communist Party of China stipulates that party members are subject to administrative division and administrative punishment given by government affairs, appointment and removal agencies (units), and shall be held accountable for party discipline.The nature and plots are given the corresponding party discipline or organizational treatment in accordance with regulations after verification.Article 41 of the Government Affairs Law of the People's Republic of China stipulates that public officials have other illegal acts, affect the image of public officials, and harm the interests of the country and the people, and may give corresponding government affairs according to the weight of the circumstances.Therefore, in combination with the specific situation, social harm, legal circumstances, and my attitude of Fan Xiaodong, the disciplinary inspection and supervision organs give their serious warning within the party in accordance with regulations and discipline and law.
