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Introduction to the Interim Provisions on Punishment of Staff of Public Institutions

The "Regulations" are divided into general provisions, types and application of sanctions, violations of laws and disciplines and their applicable sanctions, authority and procedures for sanctions, lifting, review and appeal of sanctions, and Article 48 of Chapter 7 of the Supplementary Provisions. Effective from September 1, 2012.

Article 5 of the "Interim Provisions on the Punishment of Staff of Public Institutions" stipulates that there are four types of sanctions for staff of public institutions, namely: warning, demerit recording, downgrading of position, removal from office, and expulsion. Usually, we regard "reducing the job level or removing the employee" as one type of punishment, because "reducing the job level" and "removing the employee" represent the same level of punishment, but they are applicable to different objects. Paragraph 2 of Article 5 stipulates that the sanction of dismissal shall only apply to staff members appointed by administrative agencies in public institutions. And "lowering the job level" applies to other personnel in public institutions.

At the same time, Article 6 of the "Interim Provisions on Punishment of Staff of Public Institutions" stipulates the period of punishment: "(1) Warning, 6 months; (2) Demerit, 12 months; ( 3) Downgrade or dismissal, 24 months. "The so-called "period of punishment" refers to the effective period of the punishment, that is, the period of impact of the consequences of the punishment. According to the provisions of this article, the penalty period for warning is 6 months; demerit is for 12 months; and reduction of job grade or removal is for 24 months. If a staff member of a public institution receives a sanction other than expulsion, shows repentance during the period of punishment, and does not commit any further violations of laws and disciplines, after the expiration of the sanction period, the sanction shall be lifted with the approval of the original sanction decision-making unit.

Legal basis: Article 1 of the General Provisions of the "Interim Provisions on Punishment of Staff of Public Institutions" is to strictly enforce the discipline of public institutions, regulate the behavior of staff of public institutions, and ensure that public institutions and their staff perform their duties in accordance with the law. These regulations are formulated .

Article 2 If any staff member of a public institution violates laws and disciplines and should bear disciplinary responsibility, he or she shall be punished in accordance with these regulations.

Punishment shall be imposed on staff members of public institutions with public affairs management functions authorized by laws and regulations who have been approved to be managed with reference to the "Civil Service Law of the People's Republic of China" and shall be punished with reference to the "Administrative Agencies Law" The relevant provisions of the Civil Servant Punishment Regulations shall be handled.