news

on september 10, changan street governor published an article titled "drunk driving in malacca, dismissed from public office" based on a report from the discipline inspection and supervision commission of anyang city, henan province, which attracted widespread attention from netizens.

among them, malacca, a former staff member of the rengu town government of tangyin county, and fan xiaodong, deputy captain (deputy director) of the long'an brigade (branch) of anyang city management bureau, were both driving under the influence. however, malacca was sentenced to two months' detention by the court and was dismissed from public office, while fan xiaodong was given a serious warning within the party and a serious administrative demerit.

the differences in the above results have also attracted attention. on september 21, the anyang municipal commission for discipline inspection and supervision published a commentary article titled "there are no exceptions to the accountability for drunk driving, and everyone is treated equally before the party discipline and national law", which detailed the four major reasons, namely different alcohol content, different statutory circumstances, different legal consequences, and different disciplinary bases.

the article states that party members, cadres and public officials who violate party discipline and state laws must be strictly disciplined, treated impartially and in a fair and impartial manner, and dealt with strictly in accordance with rules, discipline and law. it not only reflects the high sense of responsibility and mission of the state's disciplinary, law enforcement and judicial departments and their staff, but also reflects the understanding, respect and positive response to the simple concept of fairness and justice in the hearts of the people.

the following are the details of the article:

qingfeng commentary: there are no exceptions to the accountability for drunk driving, and we treat everyone equally before the party discipline and national laws

recently, the anyang municipal commission for discipline inspection and supervision publicly reported two typical cases of drunk driving, which triggered heated discussions among netizens. the vast majority of netizens applauded the report, some netizens paid attention to the name "malacca" out of curiosity, and some netizens were puzzled by the different results of the same drunk driving.

the heated discussion among netizens deeply reflects the people's simple expectation for social fairness and justice, as well as their deep questioning of the spirit of the rule of law that "all are equal before the law". after all, for the same drunk driving behavior, the public institution staff member malajia was fired from his public office, while the deputy team leader (deputy director) fan xiaodong was only given a serious warning within the party and a serious administrative demerit.

so, why are the two cases in the notice about "drunk driving" handled with such different results?

there are four main reasons:

first, the alcohol content is different. malacca's blood alcohol content was 195.34 mg/100 ml, and fan xiaodong's blood alcohol content was 108 mg/100 ml. both of them met the drunk driving standard of "blood alcohol content reaching 80 mg/100 ml or more" stipulated in article 4 of the "opinions on handling criminal cases of drunk driving" (effective from december 28, 2023, hereinafter referred to as the "2023 opinions"). however, fan xiaodong's alcohol content met the provisions of article 12 of the opinions that "blood alcohol content is less than 150 mg/100 ml", which can be identified as "significantly minor circumstances and little harm", while malacca has far exceeded the standard of 150 mg/100 ml.

second, the statutory circumstances are different. when malacca was caught, he did not stop according to the police's instructions and continued to drive forward, and was later stopped by a vehicle blocking device placed by the police on duty, which is a statutory aggravating circumstance; when fan xiaodong was caught, he did not evade law enforcement inspections, did not cause social harm, and confessed truthfully after being arrested, had a good attitude, admitted guilt and accepted punishment, which is a statutory mitigating circumstance.

third, the legal consequences are different. malacca does not meet the standards for not filing a case, withdrawing a case, exempting from punishment or not prosecuting as stipulated in the 2023 opinion, and must be transferred for prosecution and sentenced to actual imprisonment in accordance with the law. on june 28, 2024, he was sentenced to two months of detention and a fine of rmb 10,000 for the crime of dangerous driving. fan xiaodong's blood alcohol content is far below 150 mg/100 ml, and the public security organs can not file a case or withdraw the case. on may 1, 2024, the public security organs withdrew the case in accordance with the law and imposed administrative penalties on him.

fourth, the basis for punishment is different. malacca is a staff member of the public institution system and is not a member of the communist party of china. the basis for punishment is the "regulations on punishment of public institution staff". article 23 of the regulations stipulates that those who are sentenced to control, detention or fixed-term imprisonment or above (including probation) for intentional crimes shall be expelled. malacca was sentenced to two months of detention and a fine of rmb 10,000 in accordance with the law, and should be expelled in accordance with the regulations. fan xiaodong is a public official (deputy section level) and a member of the communist party of china. he should be dealt with in accordance with the "regulations on disciplinary punishment of the communist party of china" and the "administrative punishment law of the people's republic of china". article 35 of the "regulations on disciplinary punishment of the communist party of china" stipulates: if a party member is subject to administrative punishment, punishment or administrative punishment imposed by the appointment and removal organs (units) in accordance with the law, and should be held accountable for party discipline, the party organization may, based on the facts, nature and circumstances determined by the effective punishment and administrative punishment decisions, and after verification, give corresponding party discipline punishment or organizational handling in accordance with the regulations. article 41 of the administrative sanctions law of the people's republic of china stipulates that if a public official has other illegal acts that affect the image of public officials and damage the interests of the state and the people, he may be given corresponding administrative sanctions according to the severity of the circumstances. therefore, based on the specific circumstances of fan xiaodong's violation of the law, the social harm, the statutory circumstances, his attitude and other relevant circumstances, the disciplinary inspection and supervision organs gave him a serious warning within the party and a serious administrative record in accordance with the rules, discipline and law.

"all are equal before the discipline, and there are no special party members who are not subject to discipline within the party." party members, cadres and public officials who violate party discipline and state laws must be strictly, impartially and impartially enforced party discipline, and dealt with strictly in accordance with rules, discipline and laws. it not only reflects the high sense of responsibility and mission of the state's disciplinary, law enforcement and judicial departments and their staff, but also reflects the understanding, respect and positive response to the simple concept of fairness and justice in the hearts of the people.

the municipal commission for discipline inspection and supervision publicly reported typical problems of drunk driving to the society, using vivid cases to warn the majority of party members, cadres and public officials to abandon the fluke mentality of "i can't be caught" and the privileged thinking of "i won't be caught", learn lessons profoundly, always be cautious, and not be involved in the case or be involved in the case.

the discipline inspection and supervision organs will continue to deepen cooperation and coordination with the public security, procuratorate, courts and other departments, explore the establishment of a rapid handling mechanism for drunk driving and dangerous driving criminal cases, and strictly and quickly deal with violations of party discipline and national laws. strengthen the publicity and guidance of party discipline, party rules, laws and regulations, and actively create a strong atmosphere of learning discipline and law, knowing awe, being cautious, and keeping the bottom line in the whole society. regularly publicize typical problems of drunk driving investigated and dealt with, and actively accept supervision and judgment under the "microscope" and "spotlight" of the media and the masses to ensure that every case handled can stand the test of party discipline, law, people and history.

according to changan street governor, qingfeng anyang