The details of the drunk driving case in Malacca were officially revealed

On September 10, the governor of Chang'an Street, according to the notice of the Commission for Discipline Inspection and Supervision of Anyang City, Henan Province, released an article "Malacca drunk driving, expelled from public office", which aroused widespread attention from netizens.

Among them, Malacca, the former business establishment worker of the Rengu Town Government of Tangyin County, and Fan Xiaodong, the deputy captain (deputy director) of the Long'an Brigade (Branch) of the Anyang City Administration Bureau, were both drunk driving, but Malacca was sentenced to two months of detention by the court and was dismissed from public office; Fan Xiaodong was given a serious warning by the party and punished by a major demerit in government affairs.

The difference in the above results is also a matter of concern. On September 21, the Anyang Municipal Commission for Discipline Inspection and Supervision released a commentary article "There is no exception to the accountability of drunk driving and drunk driving, and there is no discrimination in the face of party discipline and state law", which disclosed in detail the four major reasons, namely different alcohol content, different statutory circumstances, different legal consequences, and different punishment basis.

The article says that party members, cadres, and public officials who violate party discipline and state law must be strictly enforced, fairly, and without discrimination, and dealt with in strict accordance with regulations, discipline, and law. It not only embodies the high sense of responsibility and mission of the state's discipline, law enforcement, and judicial departments and their staffs, 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 Times Comment丨There is no exception to the accountability of drunk driving, and there is no exception in the face of party discipline and state law

Recently, the Anyang Municipal Commission for Discipline Inspection and Supervision publicly notified the public of two typical problems of drunk driving, which aroused heated discussions among the majority of 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 discussions among netizens profoundly reflect the people's simple expectations for social fairness and justice, as well as the deep torture of the rule of law spirit of "equality before the law". After all, for the same drunk driving behavior, Malacca, a staff member of the establishment of the public establishment, was dismissed from public office, and Fan Xiaodong, the deputy captain (deputy director) of the public establishment, was only punished with a serious warning from the party and a major demerit in government affairs.

So, why are the two cases in the report both "drunk driving" and the results are very different?

There are four main reasons for this:

One is that the alcohol content is different. The blood alcohol content of Malacca is 195.34 mg/100 ml, and the blood alcohol content of Fan Xiaodong is 108 mg/100 ml, both of whom meet the drunk driving standard of "blood alcohol content of more than 80 mg/100 ml" 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 meets the requirements of Article 12 of the Opinions, which stipulates that "blood alcohol content is less than 150 mg/100 ml", which can be determined as "obviously minor and not harmful", while Malacca has far exceeded the standard of 150 mg/100 ml.

Second, the statutory circumstances are different. When Malacca was seized, it did not stop according to the instructions of the police, continued to drive forward, and was later stopped by a vehicle blocking device placed by the police on duty, which has statutory aggravating circumstances; When Fan Xiaodong was arrested, he did not evade law enforcement inspections, did not cause harm to society, and truthfully confessed after arriving at the case, had a good attitude, pleaded guilty and accepted punishment, and had statutory mitigating circumstances.

Third, the legal consequences are different. Malacca does not meet the criteria set out in the 2023 Opinions for not filing a case, withdrawing a case, waiving a sentence, or not prosecuting, and must be transferred for prosecution and sentenced to actual punishment in accordance with the law. On June 28, 2024, he was sentenced to two months' detention and fined RMB 10,000 for dangerous driving. Fan Xiaodong's blood alcohol content is much lower than 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 an administrative penalty on him.

Fourth, the basis for punishment is different. Malacca is a service member of the establishment of a public institution and is not a member of the Communist Party of China, and the punishment is based on the "Regulations on the Punishment of Staff of Public Institutions". Article 23 of the Provisions stipulates that those who are sentenced to controlled release, short-term detention or fixed-term imprisonment or higher (including the announcement of a suspended sentence) for intentional crimes shall be dismissed. Malacca was sentenced to two months' detention and a fine of 10,000 yuan, and should be dismissed in accordance with regulations. Fan Xiaodong is a public officer (deputy section level) and a member of the Communist Party of China, and should be dealt with in accordance with the "Regulations on Disciplinary Sanctions of the Communist Party of China" and the "People's Republic of China Government Sanctions Law" respectively. Article 35 of the "Regulations on Disciplinary Sanctions of the Communist Party of China" stipulates that if a Party member receives a sanction or administrative punishment given by a governmental sanction, appointment or removal organ (unit) in accordance with the law, and shall be held accountable for Party discipline, the Party organization may give corresponding Party disciplinary sanctions or organizational disposition in accordance with the provisions on the basis of the facts, nature, and circumstances determined by the effective sanction or administrative punishment decision. Article 41 of the "People's Republic of China Governmental Sanctions Law" stipulates that where public employees have other illegal acts, affecting the image of public employees and harming the interests of the state and the people, they may be given corresponding governmental sanctions based on the severity of the circumstances. Therefore, in light of the specific circumstances of Fan Xiaodong's violation, the harmfulness to society, the statutory circumstances, his own attitude, and other relevant circumstances, the discipline inspection and supervision organs gave him a serious warning within the party and a major punishment for administrative affairs in accordance with regulations, discipline and law.

"All are equal before discipline, and there are no special party members who are not subject to discipline within the party." Party members, cadres and public employees who violate party discipline and state law must enforce party discipline in a serious, fair, and non-discriminatory manner, and deal with them in strict accordance with regulations, discipline, and law. It not only embodies the high sense of responsibility and mission of the state's discipline, law enforcement, and judicial departments and their staffs, 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 openly informed the public of the typical problem of drunk driving, and used vivid cases to warn the majority of party members, cadres and public officials to abandon the luck mentality of "can't catch me" and the privileged idea of "won't catch me", deeply learn lessons, always be vigilant, and not do things in the case or be a person in the case.

The discipline inspection and supervision organs will continue to deepen cooperation and cooperation with public security, procuratorate, courts and other departments, explore the establishment of a mechanism for the rapid handling of criminal cases of drunk driving and dangerous driving, and deal with violations of party discipline and state law strictly and quickly. Strengthen the publicity and guidance of party discipline, party rules, laws and regulations, and actively create a strong atmosphere in the whole society of learning discipline and law, knowing and respecting, guarding against fear, and abiding by the bottom line. Regularly make public reports on typical drunk driving problems investigated and handled, and take the initiative to 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, the people, and history.