1, personal expenses are reimbursed in subordinate units.
According to Article 72 of the Regulations on Disciplinary Actions of China Production Party, Article 23 of the Regulations on Disciplinary Actions of Civil Servants of Administrative Organs and Article 18 of the Interim Provisions on Disciplinary Actions of Staff in Institutions, it is a violation of honesty and self-discipline to reimburse personal expenses in subordinate units.
2. It is the normal expense reimbursed by the superior company in the subordinate company.
For example, the superior unit reimburses office expenses and training fees in subordinate units. Although this kind of behavior is unreasonable, it is not clearly stipulated in the party and government rules and regulations. According to the principle of "freedom without explicit provisions of the law", it should not be treated as violation of discipline in practice. However, if this situation is found, the discipline inspection and supervision organ shall order it to make corrections and refund the relevant fees.
3. It is an abnormal expense reimbursed by the superior unit in the subordinate unit.
For example, the superior unit will reimburse the expenses that are not easy to be reimbursed, such as visiting relatives' gifts and welfare expenses, in the subordinate units. This kind of disguised transfer of unreasonable expenses to subordinate units is not clearly stipulated in the party and government rules and regulations, but in practice, if it is not handled in accordance with discipline violations, it obviously cannot play a role in maintaining normal financial order and is not conducive to the formation of a good atmosphere.
It is an act of using the financial funds of subordinate units in disguised form in violation of regulations that the superior unit reimburses the abnormal expenses of subordinate units. According to the provisions of Article 6 of the Regulations on Punishment of Financial Violations:
1, state organs and their staff have one of the following acts of using and defrauding financial funds in violation of regulations, and shall be ordered to make corrections, adjust relevant accounting accounts, recover relevant financial funds, and return illegal income within a time limit.
2. Give a warning or informed criticism to the unit.
3, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:
(a) by means of false, impersonator and other means to defraud financial funds;
(two) interception and misappropriation of financial funds;
(3) detaining the financial funds that should be allocated;
(four) in violation of the provisions to expand the scope of expenditure, improve expenditure standards;
(five) other acts of using and defrauding financial funds in violation of regulations. Since the act of "seizing financial funds that should be allocated" is illegal, it is obvious that the act of submitting unreasonable expenses to subordinate units for reimbursement is also illegal.
Extended data:
"Regulations on Disciplinary Actions of China * * * Production Party"
Chapter III Rules for the Use of Disciplinary Actions
Seventeenth any of the following circumstances, can be given a lighter or mitigated punishment:
(a) take the initiative to explain that I should be subject to disciplinary action;
(two) in the process of organizing the verification and filing review, I can cooperate with the verification and review work and truthfully explain the facts of my violation of discipline and law;
(three) to report the problem that the defendant or other person in the same case should be punished by party discipline or investigated by law, which is verified by investigation;
(four) take the initiative to recover losses, eliminate adverse effects or effectively prevent the occurrence of harmful results;
(five) take the initiative to hand in the proceeds of violation of discipline;
(6) Other meritorious service.
Eighteenth according to the special circumstances of the case, the Central Commission for Discipline Inspection or the provincial (ministerial) level Commission for Discipline Inspection (excluding the sub-provincial municipal commission for discipline inspection) decided and reported to the Central Commission for Discipline Inspection for approval, party member who violated discipline can also be given a mitigated punishment beyond the scope of punishment stipulated in these regulations.
Article 19 party member who violates Party discipline shall be given a warning or a severe warning. However, under any of the circumstances stipulated in Article 17 of this Ordinance or otherwise stipulated in the specific provisions of this Ordinance, he may be given criticism and education, ordered to check, admonished or organized to deal with it, and be exempted from punishment. Party member shall be exempted from punishment for violation of discipline, and shall make a written conclusion.
Twentieth any of the following circumstances, shall be given a heavier or heavier punishment:
(1) Forcing or instigating others to violate discipline;
(2) Refusing to turn over or return the disciplinary income;
(three) after being punished for violation of discipline, he should be punished by party discipline for intentional violation of discipline;
(four) after being punished by the party discipline, it is found that the disciplinary action before being punished should be punished by the party discipline;
(5) It is otherwise provided for in these Regulations.
Twenty-first lighter punishment refers to the violation of the provisions of these regulations, within the scope of punishment should be given a lighter punishment.
A heavier punishment means that acts that violate the provisions of these regulations shall be given a heavier punishment within the scope of punishment.
Twenty-second mitigated punishment refers to the reduction of punishment by one file in addition to the punishment range for violations stipulated in these regulations.
Aggravated punishment, refers to the violation of the provisions of this Ordinance should be punished, aggravated by a file.
The provisions of this Ordinance are only the punishment of expulsion from the Party and gross demerit, and the provisions of the first paragraph on mitigating punishment are not applicable.
Twenty-third a person who has two or more kinds of disciplinary actions stipulated in these regulations that should be punished by party discipline shall be dealt with together and punished according to the highest punishment that should be received in several kinds of disciplinary actions. If one of the violations of discipline should be expelled from the party, it should be expelled from the party.
Twenty-fourth violations of two or more provisions of these regulations at the same time, in accordance with the provisions of the heavier punishment.
The elements of violation of discipline stipulated in one clause are all included in the elements of violation of discipline stipulated in another clause. Where the special provisions are inconsistent with the general provisions, the special provisions shall apply.
Twenty-fifth more than two people (including two people) * * * with intentional violation of discipline, the leader shall be given a heavier punishment, unless otherwise stipulated in this Ordinance; Other members should be punished according to their roles and responsibilities in violating discipline.
Those who violate the discipline in economy shall be punished respectively according to the amount of personal income and the role they play. The ringleaders of the disciplinary group shall be punished according to the total amount of disciplinary actions of the group; If the circumstances are serious, the leaders of other * * * disciplines shall be punished according to the total amount of * * * disciplines.
Those who instigate others to violate discipline shall be investigated for party discipline responsibility according to their role in violation of discipline.
Twenty-sixth leading bodies of party organizations collectively make decisions that violate party discipline or commit other acts that violate party discipline, and members who have the same intention as * * * are regarded as violating discipline; Members who are negligent and violate discipline shall be punished respectively according to their roles and responsibilities in collective discipline violation.
Chapter IV Disciplinary Action against party member's Illegal Crimes
Twenty-seventh party organizations found that party member has committed crimes such as corruption and bribery, abuse of power, dereliction of duty, power rent-seeking, interest transfer, favoritism, waste of state-owned assets. , given the revocation of party positions, probation or expulsion from the party.
Article 28 If a party organization finds that party member has committed acts stipulated in the criminal law during the disciplinary review, although it does not constitute a crime, it should be investigated for party discipline responsibility, or there are other illegal acts that harm the interests of the party, the state and the people, and it will be given a warning or even expelled from the party according to the specific circumstances.
Twenty-ninth party organizations in the disciplinary review found that party member was suspected of serious violations of law and crime, in principle, first make a disciplinary decision, and give administrative sanctions in accordance with the provisions, and then transferred to the relevant state organs for legal treatment.
Thirtieth party member was detained or arrested according to law, the party organization shall suspend his right to vote, to be elected and to be elected in party member according to the management authority. According to the results of the supervisory organs and judicial organs, their party member rights can be restored and should be restored in time.
Article 31 If party member's crime is minor, the people's procuratorate decides not to prosecute according to law, or the people's court makes a guilty verdict according to law and is exempted from criminal punishment, he shall be given the punishment of revocation of his post in the Party, probation in the Party or expulsion from the Party.
If party member is fined for committing a crime, it shall be handled in accordance with the provisions of the preceding paragraph.
Article 32 party member shall be expelled from the Party if he commits a crime under any of the following circumstances:
(1) Being sentenced to the principal punishment (including suspended sentence) stipulated in the Criminal Law for intentional crime;
(2) Being deprived of political rights alone or additionally;
(3) Being sentenced to fixed-term imprisonment of more than three years (excluding three years) according to law for negligent crimes.
Anyone who is sentenced to fixed-term imprisonment of not more than three years (including three years) or public surveillance or criminal detention for negligent crimes shall generally be expelled from the party. Individuals who cannot be expelled from the Party should be reported to the higher party organization for approval in accordance with the provisions of party member's approval authority.
Article 33 If party member is investigated for criminal responsibility according to law, the Party organization shall give disciplinary sanctions according to the effective judgments, rulings and decisions of judicial organs and the facts, nature and circumstances identified, and give corresponding administrative sanctions to public officials in accordance with the provisions of these Regulations.
If party member is subject to administrative sanctions and penalties according to law, he shall be investigated for party discipline responsibility. Party organizations may, according to the facts, nature and circumstances determined by effective administrative sanctions and administrative penalties, give disciplinary sanctions or organize handling.
Party member, who violates the laws and regulations of the state and the rules and regulations of enterprises, institutions or other social organizations and is subject to other disciplinary actions, shall be investigated for party discipline responsibility. After verifying the facts, nature and circumstances identified by the relevant parties, the party organization shall give disciplinary action or organize handling according to the regulations.
If the judicial organ or administrative organ changes the original effective judgment, ruling or decision according to law after the party organization makes a decision on disciplinary action or organizational treatment, and the original disciplinary action or organizational treatment decision is affected, the party organization shall make corresponding treatment again according to the changed effective judgment, ruling or decision.
Baidu Encyclopedia-Regulations on Disciplinary Actions of Producers in China * * *