Reasonable and legal. Li Chengyang was framed back then, and the organizational procedures for dismissal from the police force did not comply with regulations. Now that the incident has been investigated, it is reasonable and legal to clear his name and restore his reputation, identity and related treatment. But you must also respect your wishes. If it were me, I would only ask for my reputation to be restored, but I would not choose to return to the police force!
Unreasonable. The resignation of a civil servant is similar to an ordinary resignation. After the civil servant applies according to his own will and is approved by the appointment and removal authority, his position relationship with the agency is terminated in accordance with the law, or a civil servant holding a leadership position resigns from his leadership position in accordance with the conditions and procedures stipulated by law. position.
According to Article 2 of the Regulations on Civil Servants Resigning from Public Office (Trial), civil servants no longer have the status of civil servants after resigning from public office.
According to the provisions of the Civil Servant Law, people who do not have civil servant status can only obtain civil servant status by being admitted (under 35 years old to take the civil service examination) or transferred (leaders of division-level or section-level public institutions or state-owned enterprises are transferred to
In principle, there is no possibility of reinstatement.
It is unreasonable.
It was unreasonable for the police to fire him from that time. He Yun wrote Li Chengyang was removed from the police because he was suspected of accepting bribes and the source of the 200,000 yuan in cash was unknown. It would have been unreasonable not to hold Li Chengyang criminally responsible at that time, and the punishment for Li Chengyang was not made clear.
Later, Li Chengyang was asked to return directly to the police force. Even more unreasonable!
In the finale of "Sweeping Crime Storm", Li Chengyang put on the police uniform again and returned to the criminal police team. As an audience, of course we want to see a happy ending, but is it reasonable in reality? After all, Li Chengyang has left the team for many years.
Let’s start by combining the plot and the civil servant dismissal system:
Why was Li Chengyang dismissed? Fourteen years ago, Gao He (Sun Xing) committed intentional homicide and was sentenced to death in accordance with the law. Later, under the operation of his biological mother He Yun and his biological father Gao Mingyuan, Gao He was sentenced to fixed-term imprisonment. Through further operations, Gao Mingyuan, who was of extremely high moral character, pardoned Gao He who was in jail for medical treatment, then changed his name to Sun Xing, had plastic surgery, and got away with it.
Li Chengyang’s master Lin Han discovered the clues and reported it to his immediate boss He Yun. Although He Yun said that he supported Lin Han’s secret investigation, He Yun was eager to love his son and turned around and took the matter aside. Gao Mingyuan at high speed. Gao Mingyuan found Lin Han and wanted to plead with Lin Han to "turn a blind eye" through bribery. But the upright Lin Han did not accept this trick at all. The anxious Gao Mingyuan faked the scene of Lin Han driving drunk into the river, and stuffed 300,000 cash in the trunk of the vehicle, intending to give Lin Han a " "taking bribes".
If Lin Han dies, will Sun Xing’s true identity not be exposed? Of course not. Lin Han's apprentice is Li Chengyang. The two have a deep relationship. Li Chengyang has never believed that his master Lin Han is a "dirty policeman" who was bribed by others, and vowed to find out the truth. Gao Mingyuan was worried that the matter would be exposed, so he gave He Yun 200,000 in cash. He Yun secretly stuffed 200,000 in cash into Li Chengyang's cabinet, framing Li Chengyang for accepting bribes.
Li Chengyang could not tell whether the 200,000 yuan was legitimate income, but he was not investigated to find out whether it was really bribery. At most, he was suspected of bribery. At this time, the illegal dismissal of Li Chengyang began:
Judging from the plot, He Yun drafted a decision to dismiss Li Chengyang. The reason for dismissal in the decision was as follows: "Lin Han fell while driving. Jiang, a large amount of cash of unknown origin was found... A large amount of cash of unknown origin was also found in Li Chengyang's locker... Li Chengyang could not explain the source of the cash, which involves corruption and bribery." The signature was: "He Yun".
In the subsequent dismissal opinions, Li Shang and Wan Sheng signed "agree" successively. Finally, Wang Zheng, then leader of the Luteng Municipal Party Committee, also signed "agree", and Li Chengyang was dismissed. .
So does dismissing a national civil servant in this way comply with the dismissal procedures? Obviously it does not comply. This is no longer the category of "rashness", but "violation":
According to the "Civil Servant Dismissal System" in the "Civil Service Law", there are five major categories of dismissal of civil servants. To put it simply: 1. Failed the assessment for two consecutive years; 2. Incompetent for the job and refused to accept other arrangements; 3. The unit where I served was revoked, merged, etc., and I refused to re-arrange; 4. Failure to perform civil servant obligations and do not abide by civil servant discipline; 5. .Be absent from work for a certain period of time without any reason.
Judging from the dismissal decision written by He Yun, it is based on Article 4, that is, "failure to perform civil servant obligations and failure to comply with civil servant disciplines." Indeed, in the "civil servant disciplines", it is indeed stipulated that " No one shall embezzle, offer or accept bribes, or take advantage of his or her position to seek personal gain for himself or others." Civil servants' obligations also include the stipulations of "being honest, honest, fair and upright."
There seems to be nothing wrong, but in fact it is completely wrong. He Yun said that Li Chengyang was "involved" in taking bribes, which was just a "suspect", and there was no actual fact of taking bribes! This is illegal dismissal and unreasonable procedures. Since it is "suspected", the matter must be investigated clearly. A civil servant cannot be dismissed with just a dismissal decision and the signatures of several leaders. During the investigation stage, Li Chengyang will face at most It means "suspension", not "dismissal".
Then again, if Li Chengyang accepted a bribe of 200,000 yuan, according to the "Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery", it would have constituted the standard of "a huge amount for the crime of bribery", and the punishment would definitely not be " "Dismissal" is as simple as that. Anyone who accepts a bribe of more than 30,000 yuan and less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also be fined.
Then why didn’t Li Chengyang receive any punishment? Obviously He Yun and others don't want to investigate at all. This is her fault. Removing Li Chengyang will achieve the goal. Li Chengyang, who has lost his identity as a police officer, will naturally be unable to investigate the cause of Lin Han's death. Sun Xing's evasion of legal sanctions is also It won't be exposed.
To sum up, in the absence of evidence that Li Chengyang has accepted bribes, his decision to dismiss him violates procedural regulations. Whether it is 4 years or 14 years later, the wrong decision will be revoked. , this is a requirement of the rule of law, and it is also in compliance with regulations and conditions.
Of course, at the end of the play, Li Chengyang returns to the front line. This must be his own choice. Of course, he can also choose to only restore his reputation without restoring his status as a police officer, or do logistics work. After all, he has been away from the team for too long and front-line work has new requirements.
The dismissal of Li Chengyang was not in compliance with organizational procedures. Now it is reasonable to restore his reputation and rejoin the team. But because he has been away from the organization for too long and has been mixed up in society, he must go through the organization's review and screening before he can return to the team.
This plan is to demonstrate the error correction ability and main theme of the group. In real life, a person who has been out of the police force for 14 years finds it difficult to go back. The most reasonable ending should be to continue to sit with him. As the CEO, he will build the company into a legal and good company and make some contribution to local development.
It’s just TV, don’t take it seriously. Since they have left the administrative establishment, even if the judgment is wrong, they can be compensated with funds, and it is impossible to return to the establishment again. Unless, the original departure was just a job arranged by a senior department.
is reasonable.
The background of the play is 2018.
Li Chengyang was fired by He Yun and Wang Zheng in 2004 for violating regulations. The Civil Servant Law was officially promulgated and implemented in 2005. Before that, in 2004, some leaders could find some excuses to fire employees based on their personal preferences and violations of regulations. Luo Shanhe also said in the play that this procedure is illegal...
Personnel who have been fired due to unfair treatment can appeal to their superiors according to relevant procedures and return to the team. You can also get compensation.
Therefore, it is reasonable for Li Chengyang to return to lead the team.
But, wouldn’t it be great to be the president of a group?
① This is not called rejoining the army, but restoring police status. Specific job arrangements will be based on their abilities and work needs, and special consideration will be given to this major meritorious service.
To put it simply, if the original dismissal procedure was illegal, you can rejoin the team as long as you have the support of the big leaders, otherwise it is impossible.