Disciplinary action against Party and government discipline refers to the disciplinary decisions and suggestions made by Party committees at all levels, * * and its competent departments, discipline inspection and supervision organs at all levels with disciplinary power, and discipline inspection and supervision institutions stationed in accordance with the prescribed authority and procedures.
Administrative punishment refers to a kind of punishment given by state organs, enterprises and institutions according to the authority prescribed by laws and regulations to their national staff for their illegal dereliction of duty, which does not constitute a crime. The types of administrative sanctions are: warning, demerit recording, serious demerit recording, demotion, dismissal and dismissal (six types).
Question 2: What are the types of administrative sanctions?
Eighth administrative punishment of administrative law enforcement:
(1) warning;
(2) a fine;
(three) confiscation of illegal income and illegal property;
(four) ordered to suspend production or business;
(5) Suspending or revoking the license, temporarily suspending or revoking the license;
(6) Administrative detention; For other administrative penalties, click (7) the provisions of laws and administrative regulations.
Question 3: What kinds of administrative sanctions are there?
Administrative disciplinary measures
An administrative punishment. It is a kind of punishment given by state organs, enterprises and institutions to those who have slight violations of law or discipline according to laws and relevant regulations, and it is also one of the manifestations of the administrative responsibility of the punished person.
Administrative punishment is an internal administrative act made by administrative subject according to law based on administrative subordination. It has a strong binding force, and the management counterpart refuses to accept it, and the administrative subject can enforce it. However, due to the lack of judicial review, the punished person refuses to accept the administrative punishment, and can only be resolved through administrative reconsideration and administrative appeal, and cannot bring an administrative lawsuit.
There are seven steps in the procedure of administrative punishment: ① putting forward punishment opinions; ② Investigate the evidence; (3) my complaint; 4 discuss and decide; (five) approved for the record; 6 report me and bring me to justice; ⑦ Execution of punishment.
People's Republic of China (PRC) has a wide range of administrative penalties, mainly including civil servants of state administrative organs, staff of state and collective units, and employees of state and collective enterprises. Different laws and regulations list the types of administrative punishment. For example, the Interim Provisions of the State Council on the Reward and Punishment of State Administrative Organs stipulates the administrative sanctions as: warning, demerit recording, gross demerit recording, demotion, demotion, dismissal, expulsion for probation, and expulsion. The Regulations on Rewards and Punishment of Enterprise Employees stipulates: warning, recording demerits, recording serious demerits, demotion, dismissal, probation, dismissal and one-time fine (not exceeding 20% of my monthly standard salary).
Question 4: What are the forms of administrative punishment? Item 1 of Article 42 of the Administrative Supervision Law stipulates: "Those who violate administrative discipline shall be given administrative sanctions such as warning, demerit recording, gross demerit recording, demotion, dismissal and dismissal."
(1) warning. This is the lightest administrative punishment, which is applicable to civil servants who violate discipline and are not corrected through education, or other personnel appointed by state organs. Warning punishment is a criticism that should be recorded in my file.
(2) recording a demerit. This is a form of administrative punishment that records the fault of the object of supervision (civil servants and personnel appointed by state organs) in my file.
(3) Record big mistakes. It is an administrative punishment to record the serious fault of the monitored object in its file.
(4) demotion. Refers to the punishment of lowering the administrative and salary levels of civil servants and appointed personnel of state organs who violate the provisions of the Commission for Discipline Inspection.
(5) dismissal. This is a form of punishment to dismiss civil servants and personnel appointed by state administrative organs who have committed serious mistakes or serious violations of law and discipline and are not suitable for their current posts.
(6) expulsion. This is the heaviest administrative punishment. Refers to the disciplinary decision to cancel the qualification of those who have made serious mistakes, violated the law and discipline, neglected their duties and failed to change after repeated education. According to the Administrative Supervision Law, the supervisory organ has the right to make a disciplinary decision directly, or it may suggest some organs to make a disciplinary decision.
Question 5: What kinds of disciplinary actions are there in China? Disciplinary action is the general name of administrative action and disciplinary action.
Administrative punishment is the punishment of civil servants by the supervision department;
Disciplinary action is the disciplinary action against party member by the Commission for Discipline Inspection;
Types of disciplinary action:
Warning, demerit recording, gross demerit recording, demotion, dismissal and expulsion.
Civil servants shall not be promoted to positions and ranks during the period of punishment, and shall not be promoted to salary grade if they are punished by demerit, gross demerit, demotion or dismissal.
The penalty period is: warning, six months; Remember for twelve months; Remember the big mistake, eighteen months; Demotion and dismissal, 24 months.
Those who have been removed from their posts shall be demoted in accordance with regulations.
For example, a civil servant, who is also party member, may be punished by two departments if he makes a mistake; If it is not party member, it will only be punished by the supervision department and will not be punished by the discipline inspection department;
Disciplinary action is a necessary means to educate and punish party member for violating discipline. * * * stipulates five kinds of disciplinary actions, which can also be said to be five different levels: warning, serious warning, revocation of party posts, probation, and expulsion from the party.
(1) warning. This is the lightest punishment within the party. Applicable to party member who has made general or minor mistakes, but must be disciplined. The purpose of disciplinary warning is to give party member a warning so that he can seriously reflect on his mistakes and correct them. The inner-party bulletin also has the function of warning and admonition, but it is only a form of education for party member, not a disciplinary action. Therefore, it is impossible to replace the warning punishment with the inner-party notification.
(2) A severe warning is a heavier punishment than a warning. Applicable to those who violate the discipline of party member, and the nature and degree of mistakes are serious. Whether to give party member a warning or a serious warning should be decided according to the nature, degree and consequences of his mistake, his consistent performance and his understanding and attitude towards the mistake, and according to the general provisions on punishment within the party. Party member, who was severely punished by warning, was adjusted, demoted or dismissed for some reason, which should not be regarded as the revocation of the party's post punishment, nor should it be regarded as the additional punishment of the party's serious warning punishment, but should be regarded as the normal cadre transfer and appointment and dismissal for other purposes. Under normal circumstances, party member's severe warning will not affect his continued employment.
(3) Dismantling Party posts is a heavier punishment than warning or serious warning, and it is a heavier disciplinary punishment. This kind of punishment applies to party member who violates discipline because of the nature and severity of his mistakes and is no longer suitable for the post of the Party. The revocation of party member's leadership positions in the Party includes: members, standing committees, secretaries and deputy secretaries of Party committees at all levels, members, secretaries and deputy secretaries of Party committees at all levels, members, standing committees, secretaries and deputy secretaries of Party discipline inspection committees at all levels, heads and deputy heads of discipline inspection, and party member's leadership positions above the deputy chief of Party committees at all levels. For party member, who has held more than two leadership positions in the Party, when making a disciplinary decision, the Party organization should clearly decide whether to revoke all positions or a specific position.
(4) Keeping the party on probation is a disciplinary action second only to expelling the party membership, and it is one of the serious punishments within the party. This punishment applies to party member, which has seriously violated the party discipline, but has not completely lost the qualification of * * * *, so it needs to be given the opportunity to correct its mistakes so that the party organization can continue to investigate. Party member, who was punished by staying in the Party for probation, was naturally removed from his post in the Party before being punished, but the removal of his post in the Party is not an additional punishment, and there is no need to perform the punishment procedure of removing his post in the Party. The longest probation period is no more than two years. Party member has no right to vote, stand for election and stand for election during the probation period. If party member does correct his mistakes after staying in the party for inspection, he shall restore party member's rights; Those who insist on correcting their mistakes should be expelled from the party.
(5) Expelling from the Party is the highest punishment within the Party. It is applicable to party member who seriously violates the Party's discipline, causes bad influence, seriously damages the interests of the Party and the state, and brings great losses to the Party's image and work, or refuses to correct his mistakes, deviates from the Party's line, principles and policies in Party organization education, completely loses party member qualification, or seriously violates the criminal law. Party member, who was expelled from the Party, naturally terminated his post in the Party. Party organizations at all levels should comprehensively study relevant materials and opinions and adopt a very cautious attitude when deciding or approving the expulsion of party member from the Party. The punishment of expelling party member from the Party membership must be discussed and decided by the Party branch meeting, and reported to the Party's discipline inspection committee at or above the county level for approval according to different situations. Party member was expelled from the party ... >>
Question 6: What kinds of administrative sanctions do the staff of public institutions have? There are many and complicated regulations on the salary and treatment of staff of state organs and institutions after being punished by party discipline and political discipline and criminal punishment, and there is no comprehensive and systematic normative document. Various provisions are scattered in various documents and can be roughly divided into six categories: 1. Wages and treatment of personnel subject to administrative disciplinary action; Second, the wages and benefits of personnel subject to party discipline; Three, was released on bail, residential surveillance, compulsory asylum, drug rehabilitation, reeducation through labor during the wage processing; Four, the wages of reeducation through labor and criminal punishment; Five, after being acquitted or exempted from criminal punishment by the court; Six, stop paying wages during the review period. "Talent Square" will introduce the relevant contents in stages. In this issue, the relevant provisions on salary and treatment of staff in government agencies and institutions after administrative punishment are introduced. Reference numbers: Zhejiang People Award [1994]10, Zhejiang People Award [1995] 153. 79 1993 "Provisional Regulations on State Civil Servants" was promulgated. After the new wage system was implemented by state organs and institutions, state organs and institutions respectively implemented different disciplinary provisions and different wage standards. According to the "Provisional Regulations on State Civil Servants", the administrative disciplinary actions of government workers are divided into six categories: warning, recording a demerit, recording a serious demerit, demotion, dismissal, dismissal, demotion, and dismissal for probation. The staff of public institutions still implement the Interim Provisions on Rewards and Punishment for Staff of State Administrative Organs promulgated by the State Council 1957, in which demotion and demotion are not regarded as administrative sanctions. In this way, the types of punishment for the staff of public institutions are warning, demerit recording, gross demerit recording, dismissal, dismissal for probation and dismissal. The following are the salaries of those punished by these categories:1; Those who are punished by warning: the salary is basically unaffected, and the punishment period is generally half a year. They can take part in the year-end assessment, and those who pass the year-end assessment can also be promoted on time. 2. Those who have been punished by demerit or gross demerit: The general punishment period is one year, and the salary they enjoy now remains unchanged. However, the salary grade may not be promoted during the period of punishment, and the assessment period for the promotion of normal salary grade is also affected. 3. Those subject to demotion: applicable to government officials, and the punishment period is one year. Reduce the wage level on the basis of the existing wage level. During the assessment period that affects the normal promotion, the salary level of the post shall not be promoted during the period of punishment. If the grade salary increases and the grade is downgraded, the grade salary will be cancelled. The assessment period of normal promotion level salary is recalculated. 4. Demoted: applicable to managers of public institutions. Reduce the salary of one post from the month after the punishment, and then gradually reduce the salary standard of the new post. 5. Dismissed persons: applicable to government officials and managers of public institutions. The punishment period is generally two years, and you can take part in the year-end assessment during the punishment period, but the indefinite order will affect the calculation of the normal promotion assessment period. Cadres of government organs who are subject to administrative dismissal shall be demoted by more than one level and their positions shall be re-determined. If there is no clear post for the time being, from the month after the punishment, the temporary salary shall be determined according to the position of clerk according to the salary system reform table in 1993; After redefining the post, the salary of the first grade and the salary of the second grade will decrease according to the salary before being punished, and then the salary of the new post will be lowered step by step. If the level is still higher than the highest level corresponding to the new post after being reduced by one level, it shall be implemented according to the highest level salary of the new post; Dismiss the staff whose grade salary increases more than the grade difference, and if the reduced grade salary is still higher than the highest grade corresponding to the new post, it will be reduced to the highest grade salary corresponding to the new post, and the original grade difference will be changed to the grade difference corresponding to the highest grade salary of the new post; If the reduced grade salary is within the range of the corresponding grade salary of the new post, the difference of demotion shall be implemented according to the difference between the demoted grade salary and the next grade salary. If the employee is dismissed, the assessment period of his normal promotion level salary will be recalculated. Managers and professional and technical personnel of institutions subject to administrative dismissal shall be demoted by more than one grade to re-determine their posts (appointment, the same below). If there is no clear post for the time being, the temporary salary shall be determined according to the minimum post according to the salary system reform table in 1993 from the month after the punishment; After redefining the post, the salary of the post before being punished is reduced by two grades, and then the salary standard of the new post is lowered step by step. Hold an administrative position ... >>
Question 7: What are the types of administrative sanctions against civil servants? According to the Civil Service Law: (1) Warning. Give a warning to the subject who violates administrative discipline, make him know the administrative responsibility he should bear, so as to be vigilant, make him pay attention to and correct his mistakes, and don't make such mistakes again. This kind of punishment applies to those who violate administrative discipline slightly.
(2) recording a demerit. Record or register mistakes as a sign of punishment. This kind of punishment applies to those who violate administrative discipline slightly.
(3) Record big mistakes. Record or register a big or serious fault to show the meaning of serious punishment. This kind of punishment is applicable to those who seriously violate administrative discipline and cause certain losses to the country and people.
(4) demotion. Reduce their salary scale. This kind of punishment is applicable to those who violate administrative discipline and cause certain losses to the interests of the country and the people, but can still hold their current posts.
(5) dismissal. Revoke the current position. This punishment is applicable to those who seriously violate administrative discipline and are no longer suitable for their current posts.
(6) expulsion. Cancel his public office. This kind of punishment applies to those who have made serious mistakes and lost the basic conditions of national staff.
Civil servants are subject to administrative sanctions, and the punishment period is stipulated as follows: (1) warning, 6 months;
(2) demerit, 12 months;
(3) Gross demerit, 18 months;
(4) demotion and dismissal for 24 months. . Civil servants shall not be promoted or promoted during the period of punishment; Those who are subject to administrative sanctions other than warning shall not be promoted to the salary level; If dismissed, the administrative organ shall not re-employ or employ.
Question 8: What kinds of punishments are there for employees? Generally, the types of punishment given to employees by the unit will be reflected in the rules and regulations formulated by the unit.
As long as it does not violate the law, it is considered effective.
Generally speaking, the punishment procedure should be made public. If severe punishment is imposed on employees, it must be discussed by the trade union or the workers' congress.
Question 9: What are the administrative sanctions for dereliction of duty of enterprise managers? General enterprises and institutions have demerits, demotion, salary deduction and dismissal. Those who break the law should be punished by law.
Question 10: Who can be punished administratively, and ordinary employees of the company can be punished administratively? Administrative punishment refers to a kind of punishment given by state organs, enterprises and institutions for their illegal and dereliction of duty according to the authority prescribed by laws and regulations, which does not constitute a crime. The punishment requirements are clear, and the person to be punished must be a state employee, and no administrative sanctions can be given to foreign employees of private enterprises, foreign-funded enterprises and joint ventures. In fact, in addition to government agencies and institutions, the general staff of state-owned enterprises are given less administrative sanctions, mostly violating financial discipline and giving more disciplinary sanctions. The probability of general staff of state-owned enterprises being subject to administrative sanctions is quite low.