Party Discipline Learning and Education Column | No. 11: Interpretation of New or Revised Key Provisions in the Regulations on Disciplinary Actions of the Communist Party of China ⑨
2024-06-21
Hanxin Xu
China Discipline Inspection and Supervision Magazine, No. 06, 2024
Illegal employment and illegal profit-making after leaving the post.
PROVISIONS
Article 105: After resigning or retiring (leaving), in violation of relevant regulations, accept the employment of enterprises and intermediary agencies within the jurisdiction of the original position or directly related to the original work business, or individuals engaged in the original position. Position jurisdiction business or profit-making activities directly related to the original work business, if the circumstances are less serious, a warning or serious warning shall be given; if the circumstances are more serious, the party position shall be revoked; if the circumstances are serious, they shall be placed on probation with the Party.
Party members and leading cadres who resign or retire (leave) to serve as independent directors or independent supervisors of listed companies, fund management companies in violation of relevant regulations. If the circumstances are relatively minor, they shall be given a warning or a serious warning; if the circumstances are more serious, they shall be removed from their positions within the party. Sanctions; if the circumstances are serious, they shall be given sanctions of staying in the party for probation.
Article 106 After leaving office or retiring (leaving), use the influence of the original power or position to seek benefits for the spouse, children, their spouses and other relatives and other specific related persons to engage in business activities. If the circumstances are relatively minor, they shall be given a warning Or a serious warning; if the circumstances are serious, they shall be given sanctions of removal from the party position or staying for party probation; if the circumstances are serious, they shall be expelled from the party.
After leaving or retiring (retiring), use the influence of the original power or position to seek benefits for others, and my spouse, children, their spouses and other relatives and other specific related persons accept the other party's property. If the circumstances are serious, they shall be given a warning or serious warning Sanctions; if the circumstances are serious, they shall be given sanctions of removal from the party position, stay in the party for probation or expulsion from the party.
Interpretation
Our party has always emphasized the need to implement strict management of cadres throughout the entire process of cadre team building. This revision of the "Regulations" focuses on further strengthening the full-cycle management of party members and cadres, from the illegal employment of party members and cadres who have left their posts, and the use of the influence of their original positions to make profits for others.
One is to enrich and perfect the punishment provisions for illegal employment after leaving the post in the first paragraph of Article 105. This revision of the "Regulations" expands the scope of the applicable subjects of the illegal practice of leaving the post and leaving the post in this article, from the original "party member leading cadres" to all party members and cadres, reflecting the unity of grasping the "key minority" and managing the vast majority. Accordingly, the scope of prohibiting illegal employment after leaving the post has been expanded. On the basis of "the business under the jurisdiction of the original post", "directly related to the original work business" has been added as the scope of prohibition, which is coordinated with the "Civil Service Law" and other relevant provisions, so as to make the laws and regulations more stringent. At the same time, the relevant units at or above the provincial level should establish a list of restrictions on employment after resignation from public office. In practice, the specific scope of "directly related to the original work business" should be grasped in combination with the list of restrictions formulated by the relevant units.
The second is to add Article 106, which provides for punishment for Party members who violate the rules and seek profits for others after leaving their posts. Judging from the situation of discipline enforcement and supervision in recent years, some party members and cadres are unwilling to be lonely after retirement, and are keen to stand on the platform for others, retreat and engage in "corruption" and make great profits. This article is divided into two paragraphs to make targeted provisions, of which the first paragraph stipulates the punishment of the act of "taking advantage of the influence of the original power or position after leaving office or retirement (retirement) to seek benefits for the spouse, children, their spouses and other relatives and other specific related persons engaged in business activities, the second paragraph stipulates the punishment for the act of" using the influence of the original power or position to seek benefits for others after resignation or retirement (retirement), and the spouse, children, their spouses and other relatives and other specific related persons accept the other party's property ", Corresponding to similar behaviors of party members and cadres when they are in office. The purpose of adding the above provisions is to emphasize that Party members and cadres should not abuse their power and seek personal gain when they are in office. These requirements should be consistent after retirement, and the standard of integrity should not be lowered because of retirement. (Xu Hanxin)
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