Lesson 42 These acts may affect the impartial performance of official duties
The Regulations on Disciplinary Actions of the Communist Party of China provide for sanctions for acts that may affect the fair performance of official duties. It can be divided into five categories:
(1) Receiving gifts in violation of regulations.
The Regulations provide for this in two paragraphs.
The first paragraph stipulates that those who accept gifts, cash gifts, consumption cards (coupons), securities, equity, other financial products and other property that may affect the fair performance of official duties shall be given corresponding sanctions.
The phrase "may affect the fair performance of official duties" here refers to the fact that it is related to the functions and powers of Party members and cadres, and conflicts with the fair performance of their duties, which may lead to the unfair performance of official duties.
The "may" mentioned here mainly refers to prevention, that is, if there is a possibility of affecting the fair performance of official duties, it should be prohibited, and it cannot be dealt with until the consequences that affect the fair performance of official duties have already occurred. Judging from the situation of discipline enforcement and supervision in recent years, the illegal acceptance of gifts and money accounts for a considerable proportion of the disciplinary violations of Party members who have been punished, seriously affecting the image of Party members and cadres, and undermining the relationship between the Party and the masses and between cadres and the masses.
The second paragraph stipulates that the acceptance of other property that clearly exceeds the normal exchange of courtesies shall be handled in accordance with the provisions of the first paragraph.
Obviously going beyond normal courtesy and exchanges, refers to those that clearly exceed the local economic development, living standards, customs and habits, and general and normal etiquette.
Exchanges of courtesies and gifts are normal interpersonal interactions, but for party members and cadres who hold a certain amount of power, there should be stricter requirements. Party members and cadres who accept gifts and money from others in their daily lives also have integrity risks if they obviously exceed the normal exchange of courtesies, and it is also a violation of integrity discipline.
(2) Giving gifts in violation of regulations.
The Regulations provide for this in two paragraphs.
The first paragraph stipulates that where persons engaged in public affairs and their spouses, children and their spouses and other relatives and other persons with specific relationships are given gifts, cash gifts, consumption cards (coupons), negotiable securities, equity, other financial products and other property that clearly exceed the normal exchange of courtesies, and the circumstances are more serious, corresponding sanctions shall be given.
Without "sending," there would be no "receiving," and "giving" and "receiving" are closely linked, and the reason why some people give gifts and money to public servants is that they must have something to ask for and have a plan, and even if they do not immediately ask for a return, it may be to meet a certain demand in the future, that is, there is a possibility of affecting the fair performance of official duties. Therefore, it is necessary to restrain the act of gift-giving. The provisions on illegal gift-giving and illegal gift-giving are connected with each other, forming a closed loop of punishment for illegal gift-giving.
The second paragraph stipulates that where gifts are given in disguised form in the name of lecture fees, project fees, consulting fees, etc., it is to be handled in accordance with the provisions of the first paragraph.
This clause is new in this amendment. In the supervision of discipline enforcement, it was found that the means of gift-giving are now upgraded, the tricks are renovated, and the invisible mutation behavior is growing secretly, among which it is more typical to give gifts in disguise and pull relationships in the name of lecture fees, project fees, and consulting fees. In addition, there are also other disguised gifts, so this paragraph also provides for "etc." to cover more comprehensively.
At the same time, it should be noted that there is a corresponding relationship between "sending" and "receiving", and those who receive gifts in disguised form in the name of lecture fees, project fees, consulting fees, etc., should also be given corresponding sanctions.
(3) Borrowing property from management and service targets in violation of regulations, and obtaining large returns through financial activities in violation of regulations.
The Regulations provide for this in two paragraphs.
The first paragraph stipulates that where the borrowing of money, housing, vehicles, etc., from management and service recipients may affect the fair performance of official duties, and the circumstances are more serious, corresponding sanctions shall be given.
Judging from the situation of discipline enforcement and supervision, some party members and cadres have violated the rules by occupying the property of management and service targets under the banner of "borrowing"; some have borrowed housing or high-end cars from personnel with management and service relationships for a long time, and some have occupied hotel suites of enterprises within their jurisdiction.
It is understandable for Party members and cadres to borrow money and goods from others due to personal life problems, but if they borrow money or goods from management and service targets, it may affect the fair performance of official duties, and it violates the discipline of integrity.
Party members and cadres must fully understand that borrowing money and property from the targets of management and service is actually lending power in their hands, and the essence is the alienation and abuse of public power, and they must resolutely avoid such behavior.
The second paragraph stipulates that where large returns are obtained through private lending and other financial activities, which may affect the fair performance of official duties, it shall be handled in accordance with the provisions of the first paragraph.
This kind of behavior is relatively common in supervision and discipline enforcement, and some cadres do not dare to openly accept money, but instead secretly accept the transfer of benefits through private loans, which is essentially to engage in profit-making activities in the form of loans and other financial activities.
Private lending itself is permitted by law, but Party members and cadres engage in for-profit activities in the form of loans and other financial activities, which may affect the fair performance of official duties, such as lending money to management and service recipients and obtaining large returns, etc., which is to abuse power for personal gain and violate integrity and discipline. If you accept bribes in the name of lending, you are not only violating discipline, but also suspected of taking bribes.
(4) Accepting or providing arrangements for activities that might impact the fair performance of official duties.
The "Regulations" stipulate that those who accept or provide banquets or arrangements for travel, fitness, entertainment and other activities that may affect the fair performance of official duties, and the circumstances are more serious, shall be given corresponding sanctions.
Banquets or arrangements for travel, fitness, entertainment, and other activities that might affect the fair performance of official duties mainly refer to banquets and arrangements for travel, fitness, entertainment, and other activities that are related to or conflict with the fair performance of official duties. Acceptance of these arrangements of activities may affect the impartial performance of official duties. This "possibility" is not based on the subjective will of the person accepting the arrangement, but should be analyzed and judged by the Party organization on the basis of the objective situation. For example, it is unacceptable to accept banquets from private business owners and subordinates and other management and service targets, for travel provided by work targets for personnel of relevant departments, and for fitness activities provided by a party subject to supervision and management to a party exercising supervision and management, regardless of the standard, regardless of whether the expenditure is public funds or not, as long as it is an activity arrangement that may affect the fair performance of official duties.
(5) Obtaining, holding, or using consumption cards in violation of regulations, or entering or leaving private clubs in violation of regulations.
The "Regulations" stipulate that those who obtain, hold, or actually use various consumption cards (coupons) such as sports and fitness cards, club and club membership cards, and golf cards in violation of relevant regulations, or enter and exit private clubs in violation of relevant regulations, and the circumstances are more serious, shall be given corresponding sanctions.
Private clubs refer to clubs that implement a membership system and are only accessible to members, or places that are not open to the public and are only open to a small number of people. Some party members and cadres hold eating, drinking, and gatherings in private clubs, which not only encourages the trend of hedonism and extravagance, but also easily breeds corruption, brings about a bad social atmosphere, and damages the party's image. Party members and cadres should strengthen the concept of discipline and take the lead in stopping the "unhealthy trends in the clubhouse".