With the deepening of the comprehensive and strict administration of the Party, the management of civil servants and party member cadres has become more and more strict and standardized, and many things that were used to it may now violate the disciplinary requirements. For example, in recent years, the media reports about civil servants' opening Didi, before the 18th National Congress, no one would take this matter seriously, but now it is often pushed to the forefront. Let's review two hot spots of public opinion:
1.2065438+On the afternoon of July 8, 2006, the Supervision Bureau of Shexian County, Anhui Province (the Commission for Discipline Inspection) issued the "Notice on the Handling of Hong Sheng, the Deputy Mayor of Wangcun Town", saying that Hong Sheng's report on driving a private car for profit during working hours was true and decided to give administrative warning after research. According to this circular, on the morning of June, 2065438 15, Hong Sheng, deputy mayor of Wangcun Town (Shexian County), was reported for driving a private car for profit during working hours. After investigation, the situation is true. As a national staff member, Hong Sheng repeatedly engaged in profit-making activities during his working hours, which violated the relevant provisions of the Civil Service Law of People's Republic of China (PRC). In view of the fact that after the incident, Hong Sheng took the initiative to admit his mistake, actively cooperated with the investigation, and voluntarily handed in the proceeds of violation of discipline, which was a mitigating circumstance. According to the relevant provisions of the Regulations on the Punishment of Civil Servants of Administrative Organs, after research, Hong Sheng was given an administrative warning, and the punishment period was 6 months; Collect the disciplinary income that he voluntarily handed in.
2.20 19 1.3 At 9 o'clock in the morning, a netizen named "Lele" left a message on the website of Yangzhou Municipal People's Government, asking whether it was illegal for civil servants to deliver takeout on weekends.
The salary of civil servants is relatively stable and does not increase substantially with the increase of length of service and position. In particular, grassroots civil servants in many places have great work pressure and relatively low wages, which leads to the situation that civil servants open Didi and send takeout from time to time. Is it a violation of discipline for civil servants to send a takeaway?
Article 94, Paragraph 1, Item 6 of the Regulations on Disciplinary Actions against Party Discipline in China stipulates that "there are other profit-making activities in violation of relevant regulations". Item 16 of Article 59 of the newly revised Civil Service Law stipulates that "engaging in or participating in profit-making activities in violation of relevant regulations, holding concurrent positions in enterprises or other profit-making organizations". We can find that, compared with the old civil servant law, the new civil servant law adds "violation of relevant regulations" in this clause, which corresponds to China's "Regulations on Disciplinary Actions of the Production Party". The "relevant provisions" here mainly refer to the Provisions on Further Stopping Party and Government Organs and Party and Government Cadres from Running Enterprises through Business (1February 1986), Several Provisions on Running Enterprises through Business by Retired Cadres of Party and Government Organs at or above the County Level (1June 1988) and Several Provisions on Running Economic Entities by Party and Government Organs. The Provisions on Personal Securities Investment by Party and Government Organs (April 5438+0, 2006) regulates the buying and selling of stocks and securities investment funds, which are allowed in principle, except for forbidden acts such as taking advantage of authority, insider trading and buying and selling Public Offering of Fund. The Notice on Cleaning up the Problems Related to Party and Government Cadres Taking Part-time Jobs in Companies (Enterprises) (1989 February) and the Notice on Leading Cadres of Party and Government Organs Not Taking Part-time Jobs in Social Organizations (1998 July) stipulate that leading cadres of the party and government are not allowed to take part-time jobs in social organizations and enterprises. Therefore, not all the profit-making activities of civil servants are in violation of discipline, only those that violate the regulations are in violation of discipline. And comprehensively analyze the prohibitive provisions of these regulations, the essence of which is to prohibit civil servants from using their positions or powers to engage in profit-making activities. For example, in stock trading, the prohibited behaviors include "taking advantage of the influence of one's position or taking improper measures", "taking advantage of inside information", "buying and selling stocks of listed companies within the direct business jurisdiction", "misappropriating public funds" and "taking advantage of working hours and office convenience". We can find that these prohibited behaviors are closely related to a person's position and authority. From this point of view, the behavior of civil servants such as opening Didi and sending takeout has nothing to do with their positions and powers, and does not constitute a violation of discipline. Some students will ask, why was Vice Mayor Hongsheng punished? That's because his behavior occurred during working hours, which violated the relevant provisions of the Civil Service Law and the Regulations on the Punishment of Civil Servants in Administrative Organs, and he still had to be punished. Therefore, it is not a violation of discipline for civil servants to open Didi and send takeout, but it must be during non-working hours and cannot affect their work.
In addition, it is necessary to distinguish between normal economic behavior and illegal profit-making activities of civil servants. Taking stock trading as an example, the general securities trading behavior of civil servants is a normal economic activity and is allowed; However, it is against discipline for civil servants to participate in the business activities of listed companies or to work part-time in enterprises. Allow normal private lending between civil servants and their relatives and friends (without obtaining large returns and without affecting the fair execution of official duties); However, it is against discipline to use the influence of authority or position to obtain large returns through private lending. (The disciplinary identification of private lending behavior will be discussed later. )
Finally, I sympathize with those poor grass-roots civil servants: as far as I know, most grass-roots civil servants now have low income (especially compared with the soaring housing prices in recent years), heavy work pressure (formalism and bureaucracy kill people), no gray income (corrupt officials are very few after all), no welfare housing distribution (some areas and systems may raise funds to build houses, which is actually the same as buying houses by enterprise groups), and they are also places to live.