According to the Law of People's Republic of China (PRC) on Administrative Punishment of Public Officials, if a public official is fined for committing a crime, or if the circumstances of the crime are minor, the people's procuratorate decides not to prosecute according to law or the people's court is exempted from criminal punishment according to law, he will be dismissed; If it causes adverse effects, it shall be dismissed. Dismissal refers to the revocation of civil servants' duties, making them unable to exercise their original functions and powers, as well as warnings, demerits, gross demerits, demotion and dismissal. Expelling from public office is actually a common name for expulsion. According to the Civil Service Law of People's Republic of China (PRC), dismissal is the most severe administrative punishment. If a civil servant of an administrative organ is dismissed, his/her personnel relationship with the unit shall be terminated as of the effective date of the punishment decision, and he/she may no longer serve as a civil servant. According to the provisions of Article 26 of the Civil Service Law of People's Republic of China (PRC), a person who is expelled from public office shall not be employed as a civil servant.
According to the Law of People's Republic of China (PRC) on Administrative Punishment of Public Officials, public officials are sentenced to public surveillance, criminal detention or fixed-term imprisonment (including probation) for crimes and intentional crimes; Sentenced to fixed-term imprisonment for negligent crime, with the term of imprisonment exceeding three years; Those who commit crimes alone or are deprived of political rights shall be removed from their posts.
In summary, after the expulsion from the party, the parties are still civil servants; However, if the party concerned is expelled from public office, it is no longer a civil servant. Exemption from criminal punishment will not dismiss public office, but it will be dismissed.
Legal basis:
Article 14 of the Law of People's Republic of China (PRC) Municipality on Administrative Punishment of Public Officials commits a crime and is dismissed under any of the following circumstances:
(1) Being sentenced to public surveillance, criminal detention or fixed-term imprisonment (including probation) for intentional crime;
(2) Being sentenced to fixed-term imprisonment of more than three years for negligent crimes;
(3) Being sentenced to punishment or deprived of political rights for committing a crime.
Those who are sentenced to public surveillance, criminal detention or fixed-term imprisonment of not more than three years for negligent crimes should generally be dismissed; If the circumstances are special and suitable for dismissal, it may not be dismissed, but it must be reported to the higher authorities for approval.
If a public official is sentenced to a fine for committing a crime, or if the circumstances of the crime are minor, the people's procuratorate decides not to prosecute according to law or the people's court is exempted from criminal punishment according to law, he shall be removed from his post; If it causes adverse effects, it shall be dismissed.
Article 26 of the Civil Service Law of People's Republic of China (PRC), the following persons shall not be employed as civil servants:
(1) Having received criminal punishment for committing a crime;
(two) was expelled from China * * * party;
(3) Being expelled from public office;
(4) Being listed as the object of joint punishment for dishonesty according to law;
(five) there are other circumstances in which the law stipulates that it is not allowed to be employed as a civil servant.