Interim Provisions on Administrative Punishments for Public Servants

Article 1 is intended to regulate the administrative disciplinary work of supervisory agencies and promote all public officials who exercise public power (hereinafter referred to as public officials) to perform their duties in accordance with the law, These regulations are formulated in accordance with the Supervision Law of the People's Republic of China and the State Supervision Law of the People's Republic of China to exercise power impartially, engage in politics with integrity, and adhere to ethical conduct.

Article 2: If a public official commits illegal acts and should bear legal responsibility, before the promulgation of national laws on governmental sanctions for public officials, the supervisory authority may, based on the specific identity of the public official under investigation, in accordance with the relevant laws , regulations, decisions and regulations of the State Council on illegal acts and their applicable penalties, and impose government sanctions. Article 3 The basis for supervisory organs to implement government sanctions mainly includes the Supervision Law of the People's Republic of China, the Civil Servants Law of the People's Republic of China, the Judges Law of the People's Republic of China, and the Law of the People's Republic of China on Judges. ** and State Prosecutor Law";

"The Law of the People's Republic of China and State-owned Enterprises on State-owned Assets", "Regulations on Punishment of Civil Servants of Administrative Agencies", "Regulations on Personnel Management of Public Institutions", "Provisional Punishment of Staff of Public Institutions" "Regulations", "Several Provisions on the Integrity of Leaders of State-owned Enterprises in their Work" and "Several Provisions on the Integrity of Rural Grassroots Cadres in Performing Their Duties (Trial)", etc. Article 4: The behavior of public officials performing their duties in accordance with the law is protected by law, and they are not subject to government sanctions unless they are for statutory reasons or through legal procedures.

Article 5: When imposing administrative sanctions on public officials, we must adhere to equality before the law, seek truth from facts, be fair and just, and ensure that the facts are clear, the evidence is conclusive, the characterization is accurate, the handling is appropriate, the procedures are legal, and the procedures are complete; adhere to democracy Centralized system, collective discussion and decision-making; adhere to the policy of punishing past mistakes and avoiding future ones, treating illnesses and saving lives, and be consistent with the nature, circumstances and degree of harm of illegal acts.

Article 6: Supervisory organs may make administrative sanctions such as warnings, demerits, major demerits, demotions, dismissals, and expulsions to public officials who have violated the law in accordance with the law.

Relevant laws, regulations, State Council decisions and rules may be applied to the period of government sanctions for public officials and the applicable rules for government sanctions based on the specific identity of the public officials under investigation and other circumstances.

Article 7 If a member of the Communist Party of China who is a public official seriously violates party discipline and is suspected of committing a crime, the party organization shall first make a decision on party disciplinary sanctions, and the procuratorial organ shall impose administrative sanctions in accordance with the law, and then pursue the case in accordance with the law. its criminal liability.

If a public official who is not a member of the Communist Party of China is suspected of committing a crime, he shall first be given administrative sanctions by the supervisory authority in accordance with the law, and then his criminal liability shall be investigated in accordance with the law.

If a member of the Communist Party of China among public officials is first subject to administrative punishment and criminal liability in accordance with the law, the party organization and supervisory authority may based on the effective administrative penalty decision and the effective judgment, ruling, decision and judicial authority. Based on the determined facts, nature and circumstances, Party discipline and government sanctions will be imposed in accordance with disciplines and laws.

Article 8: When supervisory organs impose governmental sanctions on public officials who are members of the Communist Party of China, they should generally match the severity of the party disciplinary sanctions. Among them, those who have been punished by being dismissed from their party positions or kept on probation should be given government sanctions such as dismissal from their posts if they hold public office. Public officials who seriously violate party discipline or criminal laws must be dismissed from public office in accordance with the law.

Article 9: Personnel engaged in management of grassroots mass autonomous organizations, state-owned enterprises and other units, or organizations that are not included in the personnel establishment of state agencies and are entrusted by state agencies to manage public affairs in accordance with the law For personnel engaged in official duties and other personnel who perform public duties in accordance with the law, the supervisory authority may take the following measures in accordance with the law:

1. In accordance with the "Supervision Law of the People's Republic of China", take conversation reminders, criticize and educate, and order Inspection and admonishment;

2. In accordance with the relevant laws and regulations in Article 3 of these regulations, warning conversations, notifications of criticism, suspension for inspection, and orders to resign shall be taken.

For the personnel in the preceding paragraph, the supervisory authority may make the following supervision suggestions to relevant agencies and units in accordance with the law:

1. Disqualification from being elected or from holding corresponding positions;

2. Transferred from post, demoted, dismissed, dismissed.

The above treatment measures can be used alone or in combination.

Article 10: If a public employee is subject to governmental sanctions other than expulsion and shows repentance during the punishment period and does not commit any further illegal acts, the punishment will be automatically lifted upon expiration.

If a staff member of a public institution performs significant meritorious service during the period of being punished, and is given an individual meritorious reward or above in accordance with relevant regulations, the punishment may be lifted in advance with the approval of the supervisory authority that made the decision on punishment.

After the punishment is lifted, the public officials who were punished will no longer be affected by the original punishment. If a person is demoted or dismissed from his post, the lifting of the penalty will not be regarded as a restoration to the original grade or position. Article 11: When imposing governmental sanctions on public officials, the supervisory authority shall make a decision in accordance with the law in accordance with its management authority. In the following circumstances, relevant procedures must be performed:

1. If a public official elected or appointed by the people's congress at any level and its standing committee is to be dismissed or expelled, the people's congress must first and its standing committee shall remove, revoke or remove them from their posts in accordance with the law, and then the supervisory authorities shall make disciplinary decisions in accordance with the law.

2. If a public official elected or appointed by the plenary session of the Chinese People's Political Consultative Conference at all levels and its standing committee is to be removed from office or dismissed, the plenary session of the CPPCC committee and its standing committee shall first remove him from office. After he is removed from his position, the supervisory authority will make a disciplinary decision in accordance with the law.

3. Government sanctions imposed on deputies to people’s congresses and members of the CPPCC at all levels must be reported to the standing committee of the people’s congress or the standing committee of the CPPCC where they serve.

4. If personnel engaged in management in grassroots mass autonomous organizations are ordered to resign, the county-level supervisory authority shall make recommendations to the grassroots mass autonomous organizations where they are located and the superior management unit (institution). . Article 12: If a public official has committed illegal acts and has been put on file for investigation and is not suitable to continue to perform his duties, the supervisory authority may decide to suspend him from performing his duties.

Public officials under investigation are not allowed to communicate, leave the country, resign from public office or go through retirement procedures while they are under investigation by the supervisory authority. The supervisory authority shall state the above requirements in the case filing decision and inform the unit where the person under investigation belongs.

Article 13. After investigation and trial, the supervisory authority decides to impose governmental sanctions on public employees or exempt them from sanctions, and the following procedures shall be followed:

1. The facts determined by the investigation and The public officials under investigation shall be notified of the basis for the proposed governmental sanctions, their statements and defenses shall be heard, and the facts, reasons and evidence stated by them shall be reviewed and recorded. If the facts, reasons and evidence presented by the public official under investigation are established, they shall be accepted.

2. In accordance with the authority to decide on sanctions, and after completing the approval procedures, make a decision to impose sanctions on the public official or exempt him from punishment;

3. Issuing the government sanctions decision;

4. Send the decision on governmental sanctions to the person being punished and the unit where he/she works, and announce it within a certain range;

5. Those who receive governmental sanctions above demotion should complete their duties within one month. , salary and other related benefits and other corresponding change procedures;

6. Deposit the government sanction decision into the files of the punished public employee.

The content and effective date of government sanctions decisions shall be implemented with reference to the relevant provisions of the "Regulations on Sanctions for Civil Servants of Administrative Agencies". If a governmental sanction other than expulsion is given, the sanction period shall be stated in the sanction decision. Article 14 After the supervisory authority makes a decision on governmental sanctions against a public official managed by the party committee at the same level in accordance with the law, in addition to sending it to the unit where the person being punished is located for execution in accordance with Article 13 of these regulations, it shall also send a letter to the corresponding person based on the specific identity of the person being punished. Government agencies or mass organizations and other units.

If the person being punished belongs to a democratic party or a person without party affiliation, a letter will also be sent to the United Front Work Department of the party committee at the corresponding level and the corresponding democratic party organs or relevant units.

Article 15: After a public employee is dismissed, his or her personal files shall be forwarded and managed in accordance with relevant national regulations.

Article 16: The review and reexamination of decisions on governmental sanctions for non-service by public officials shall be handled in accordance with the provisions of the Supervision Law of the People's Republic of China. The circumstances and legal consequences of changing or revoking government sanctions shall be implemented in accordance with or with reference to the "Regulations on Sanctions of Civil Servants of Administrative Agencies", "Interim Provisions on Sanctions of Staff of Public Institutions" and other provisions based on the specific identity of the public official subject to punishment.

Article 17: For leaders who are responsible for the management of public officials who fail to perform or incorrectly perform their duties, the supervisory authority may rely on or refer to the "Regulations on Accountability of the Communist Party of China" and "On the Implementation of Party and Government Regulations" Interim Provisions on the Accountability of Leading Cadres" and other provisions;

According to management authority, make accountability decisions such as notifications and criticisms, admonitions, suspensions for inspection, and orders to resign, or submit to the authority that has the power to make accountability decisions. Accountability suggestions such as demotion and dismissal. Article 18 If a public employee who has violated the law and should be subject to government sanctions has retired before the supervisory authority makes a decision on punishment, he will no longer be punished; the supervisory authority may file a case to investigate him, and if he should be demoted, dismissed, or expelled according to law, The benefits they enjoy should be reduced or canceled in accordance with regulations.

If a public official who has violated the law and should be subject to government sanctions has resigned from office or died before the supervisory authority makes a decision on punishment, he will no longer be punished. However, the supervisory authority can open a case to investigate and investigate the illegally obtained property. and property used for illegal purposes shall be dealt with in accordance with Article 21 of these regulations.

Article 19: If public officials commit illegal acts, the appointment and removal agencies and units may perform their main responsibilities and impose sanctions on public officials in accordance with the Civil Servants Law of the People's Republic of China and other provisions.

If the supervisory authority has already given governmental sanctions to a public employee for the same illegal act, the appointing and removing authorities and units will no longer impose disciplinary sanctions; if the appointing and removing authorities and units have already given governmental sanctions, the supervisory authorities will no longer impose governmental sanctions.

Article 20: If a lower-level supervisory authority opens a case for investigation of a subject of supervision that is not within the jurisdiction of the supervisory authority in accordance with the designated jurisdiction decision of the superior supervisory authority, it shall be handed over to the supervisory authority with the power to dispose of according to its management authority. Make decisions on government sanctions in accordance with the law, or hand them over to the appointing and removing agencies or units for sanctions.

Article 21: Property illegally obtained by public officials and property used for illegal purposes shall be confiscated, recovered or ordered to be refunded and compensated by other agencies according to law, unless otherwise specified.

If illegally obtained property should be returned to the original owner or holder, it shall be returned; if it is 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. Article 22: The Central Commission for Discipline Inspection and the National Supervisory Commission are responsible for the interpretation of these regulations. Article 23: These regulations shall come into effect on the date of promulgation. < /p>

Governmental sanctions are disciplinary measures against illegal public officials. Public officials are the backbone of the cause of socialism with Chinese characteristics and occupy a particularly important position in the national governance system. The enactment of the Government Punishment Law will help strengthen the comprehensive supervision of public officials and promote comprehensive and strict governance of the party and officials.

Before the Supervision Law proposed the concept of government sanctions, the punishment of civil servants and staff of public institutions was called "disciplinary punishment". Laws, administrative regulations and rules such as the Interim Provisions on Punishment of Unit Staff.

While party disciplinary sanctions cover all party members, "disciplinary sanctions" fail to cover all public officials who exercise public power, leaving a blank area for the objects of supervision and punishment. For example, for non-party members of village committees who have committed illegal acts, because they are neither party members, nor civil servants, nor staff of public institutions, they cannot be punished for illegal acts such as "micro-corruption", making it difficult to form an effective deterrent.

“Formulate a law on governmental sanctions for public officials, fully include legal objects into the scope of punishment, make government sanctions match party discipline sanctions and connect with criminal penalties, and build a strict legal network for punishing official violations, which is conducive to catching small and small crimes early. Prevent the worst and build a team of loyal, clean and responsible public servants,” said the person in charge of the Law and Regulations Office of the Central Commission for Discipline Inspection and the State Supervision Commission.

2. Standardize government sanctions activities and improve the legal level of supervision work

The promulgation of the Government Sanctions Law is the result of continuous summarization of practical experience, solving specific problems, and precise legislation.

The Supervision Law stipulates the principle of the government sanctions system, but does not provide specific provisions on the illegal acts that should be given government sanctions, as well as the applicable rules and procedures for government sanctions. After the Supervision Law came into effect, in order to solve urgent work needs, the Central Commission for Discipline Inspection and the National Supervisory Commission formulated the "Interim Provisions on Government Sanctions for Public Employees" as a transitional norm for the implementation of governmental sanctions and to explore experience in drafting a law on governmental sanctions.

A prominent feature of the Governmental Affairs Punishment Law that emerged at the historic moment is that it focuses on building an authoritative and efficient supervision system under the unified leadership of the Party, comprehensive coverage, and integrating and improving the Governmental Affairs Punishment System corresponding to Party disciplinary sanctions. For example, while clarifying the respective responsibilities of supervisory agencies and agencies and units responsible for the appointment and removal of public officials, the statutory grounds and applicable rules for disciplinary action should be unified to ensure uniform application of disciplinary action.

Weak management and supervision of public officials, non-standard disciplinary procedures, disproportionately light and severe disciplinary decisions, and the lack of legal basis for the punishment of public officials in state-owned enterprises and grassroots mass autonomous organizations are prominent problems in supervision and punishment. .

In this regard, the Government Punishment Law adheres to a problem-oriented approach. While unifying the basis for punishment scattered in different laws and regulations, it also combines the existing disciplinary systems for civil servants and public institution managers to enrich and improve the punishments that should be given to them. The illegal circumstances, scope of punishment, applicable rules and procedures of government sanctions should be reviewed to make up for the shortcomings of the system.

Take detailed illegal situations as an example. Chapter 3 of the second draft draft has clearly stipulated illegal acts and their applicable government sanctions. In order to further clarify the illegal acts that should be subject to government sanctions, the third chapter of the draft has Based on the opinions and suggestions from various parties, the reviewer added the stipulation that "anyone who tamperes with or falsifies personal file information will be given a demerit or a major demerit; if the circumstances are serious, he will be demoted or dismissed", and "false accusations and frame-ups will be deducted." Intention to cause others to suffer reputational damage or liability investigation and other adverse effects" are included in the disciplinary circumstances. These have become new provisions in legal provisions, reflecting a clear problem awareness and problem orientation.

Focusing on the coordination of discipline and law and the connection between law and law is another highlight of this legislation. The reporter noticed that the Government Discipline Law maintains coordination and connection with the provisions of existing laws and regulations such as the Civil Servant Law in terms of the circumstances of the punishment, the authority and procedures of the punishment, and the consequences of the punishment, to ensure the harmony and unity between the laws. At the same time, we should pay attention to the connection with party discipline and promote the effective integration of intra-party supervision and state agency supervision.

For example, while making relevant provisions on government sanctions, it is clarified that government sanctions are parallel to the "discipline" of agencies and units responsible for the appointment and removal of public officials, and a dense supervision network is established through the connection between laws and regulations.

For another example, the relevant provisions of "imposing severe governmental sanctions" and "imposing lenient or mitigated governmental sanctions" not only reflect the party's disciplinary sanctions, but also reflect the spirit of learning from past mistakes, treating illnesses and saving lives, and are in line with the provisions on severe governmental sanctions in party regulations and state laws. The provisions on mitigating circumstances more accurately reflect the balance between leniency and severity.

“Governmental sanctions have an important impact on public officials and are related to the vital interests of public officials. Decisions on government sanctions should be made strictly in accordance with the law.

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The relevant person in charge of the Regulations Office of the Central Commission for Discipline Inspection and the National Supervisory Commission stated that the Government Punishment Law should be formulated to clarify the subjects who implement government sanctions, the legal principles that should be adhered to, the reasons for the punishment, authority and procedures, and the persons being punished should maintain legality. Remedy channels for rights and interests, etc., are conducive to promoting the standardization and legalization of government sanctions and improving the legal level of supervision work.

3. Improve the supervision system and promote the modernization of the national governance system and governance capabilities.

The "Decision" of the Fourth Plenary Session of the 19th Central Committee of the Communist Party of China made special arrangements for upholding and improving the socialist system with Chinese characteristics and promoting the modernization of the national governance system and governance capabilities, and clearly proposed to improve the party's unified leadership, comprehensive coverage, authoritative and efficient supervision system.

The Government Punishment Law is the first national law to comprehensively and systematically standardize the disciplinary system for public officials. It is also an important law in the national supervision system. It is of great significance for improving the supervision system and promoting the modernization of the national governance system and governance capabilities. It is of great significance.

From the perspective of legislative purposes, the purpose of formulating the Government Punishment Law is to standardize government punishment, strengthen supervision of all public officials who exercise public power, eliminate blind spots and blind spots, and ensure the standardized operation of power.

This is the latest institutional achievement achieved in the context of deepening the reform of the national supervision system and achieving full coverage of supervision of all public officials who exercise public power. It is a successful practice in improving the supervision system and is an important step in improving the party’s unified leadership, comprehensive coverage, and An important part of an authoritative and efficient supervision system.

From the perspective of legislative content, through the connection with party discipline, it can exert a coordination effect and incorporate the "Regulations on Disciplinary Punishment of the Communist Party of China" and other intra-party regulations on violations. The specific provisions on disciplinary situations will be absorbed and improved in a targeted manner based on the characteristics of public officials, and a government sanctions system that is consistent with party discipline sanctions will be formed with clear and detailed provisions on disciplinary situations and consequences. , draw up a "negative list" to reflect strict management and love in the implementation of disciplines and laws, which is conducive to improving the effectiveness of supervision and transforming institutional advantages into governance efficiency.

From the perspective of the legislative process, the drafting of the Government Punishment Law has been scientifically implemented. To meet the requirements of legislation, democratic legislation, and legislation in accordance with the law, the legislative work process was initiated strictly in accordance with the law. After extensive solicitation of opinions and continuous revision and improvement, it was finally reviewed and approved by the 19th Session of the Standing Committee of the 13th National People's Congress.

The Government Punishment Law thoroughly implements the Party Central Committee’s decisions and arrangements on deepening the reform of the national supervision system, further improves the supervision system, standardizes government punishment activities, strengthens supervision of all public officials who exercise public power, and promotes the modernization of the national governance system and governance capabilities. Institutional norms are feasible, and their introduction now is necessary and timely.

Reference: Lin'an District Transportation Bureau-Interim Provisions on Governmental Punishments for Public Employees