Legal analysis
Civil servants are public officials who are responsible for the overall management of economic and social order and national public resources and ensuring the performance of relevant obligations stipulated by national laws. In China, it refers to the staff who perform public duties according to law and are included in the state administrative establishment, and their wages and benefits are borne by the state finance. According to the nature, characteristics and management needs of positions, civil servant positions are divided into comprehensive management, professional technology and administrative law enforcement. A civil servant is a person who engages in official activities according to law and does not work for himself or for private enterprises or organizations. Party organs and their staff participate in the decision-making and implementation of national political, economic and social affairs in different ways, which is an act of performing public duties. In accordance with the provisions of relevant laws and regulations, it is forbidden for civil servants to use their powers and positions to seek benefits for their relatives and staff around them. Do not engage in or participate in profit-making activities, and do not hold concurrent positions in enterprises or other profit-making organizations. Civil servants who engage in or participate in profit-making activities and hold concurrent positions in enterprises or profit-making organizations shall be given demerits or gross demerits; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed.
legal ground
Regulations on punishment of civil servants in administrative organs
Article 27 Whoever engages in or participates in profit-making activities and concurrently holds a post in an enterprise or other profit-making organization shall be given demerit or gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, they shall be dismissed.
Article 53 If the property obtained by civil servants of administrative organs in violation of law and discipline and the property used for violation of law and discipline should be confiscated, recovered or ordered to make restitution by other organs according to law, the punishment decision organ shall confiscate, recover or order to make restitution. Property obtained in violation of law and discipline shall be returned to the original owner or holder, or to the original owner or holder; If it belongs to the state property and should not be returned or cannot be returned to the original owner or holder, it shall be turned over to the state treasury.