Article 2 Civil servants of administrative organs who violate laws, regulations, rules and decisions and orders of administrative organs and should bear disciplinary responsibility shall be punished in accordance with these regulations.
Laws, other administrative regulations and the State Council decisions have provisions on the punishment of civil servants in administrative organs, which shall be implemented in accordance with the provisions of such laws, administrative regulations and the State Council decisions; Laws, other administrative regulations and the State Council's decisions have provided for punishment of civil servants who violate the law and discipline, but have not provided for the punishment range, the provisions of Chapter III of these Regulations and their closest provisions shall apply.
Local regulations, departmental rules and local government rules may supplement the provisions on violations of law and discipline not stipulated in Chapter III of these Regulations and the corresponding punishment ranges. In addition to the supervisory organs in the State Council and the personnel department in the State Council, other departments in the State Council shall formulate disciplinary regulations jointly with the supervisory organs in the State Council and the personnel department in the State Council.
In addition to the laws, regulations, rules and the State Council decisions, the administrative organ shall not set the disciplinary matters of the civil servants of the administrative organ in other forms.
Article 3 The acts of civil servants of administrative organs in performing their duties according to law shall be protected by law, and shall not be punished without legal reasons and procedures.
Article 4 The principle of combining justice, fairness with education and punishment shall be adhered to when punishing civil servants in administrative organs.
The punishment given to civil servants of administrative organs should be commensurate with the nature, circumstances and harm of their violations of law and discipline.
Punishment of civil servants in administrative organs shall be based on clear facts, conclusive evidence, accurate qualitative analysis, proper handling, legal procedures and complete procedures.
Fifth civil servants of administrative organs who violate the law and discipline and are suspected of committing crimes shall be transferred to judicial organs for criminal responsibility according to law. Article 6 The punishments for civil servants of administrative organs are divided into:
(1) warning;
(2) recording a demerit;
(3) recording gross demerits;
(4) demotion;
(5) dismissal;
(6) expulsion.
Article 7 The time limit for civil servants of administrative organs to be punished is as follows:
(1) Warning, 6 months;
(2) demerit, 12 months;
(3) Gross demerit, 18 months;
(4) demotion and dismissal for 24 months.
Article 8 Civil servants of administrative organs shall not be promoted to posts and ranks during the period of punishment. Among them, those who are given demerit, gross demerit, demotion or dismissal shall not be promoted to the salary scale; Those who have been dismissed from their posts shall be demoted in accordance with regulations.
Article 9 If a civil servant of an administrative organ is dismissed, his/her personnel relationship with his/her unit will be terminated and he/she will no longer serve as a civil servant from the date when the punishment decision takes effect.
If the civil servants of administrative organs show repentance during the disciplinary period except dismissal, and there is no violation of law and discipline again, the punishment will be lifted after the expiration of the disciplinary period. After the punishment is lifted, the promoted salary grade, rank and position will no longer be affected by the original punishment. However, if the demotion or dismissal is lifted, it shall not be regarded as restoring the original rank or post.
Tenth civil servants of administrative organs have two or more acts that need to be punished at the same time, and shall be punished separately. If the types of punishment that should be given are different, the punishment shall be heavier; If more than one punishment should be given to the same category, the punishment shall be executed. If the punishment period exceeds one and is less than the sum of multiple punishment periods, the punishment period shall be decided.
If a civil servant of an administrative organ is subject to new punishment during the period of punishment, the punishment period shall be the sum of the period in which the original installment has not been executed and the new punishment period.
The maximum penalty period shall not exceed 48 months.
Eleventh administrative organs of more than two civil servants who violate the law and discipline and need to be punished shall be punished according to their respective disciplinary responsibilities.
Twelfth any of the following circumstances, shall be given a heavier punishment:
(a) playing a major role in the violation of law and discipline by two or more people;
(2) Concealing, forging or destroying evidence;
(3) colluding with or preventing others from exposing or providing evidence;
(4) shielding conspirators;
(5) Other aggravating circumstances stipulated by laws, regulations and rules.
Thirteenth any of the following circumstances, should be given a lighter punishment:
(a) take the initiative to account for violations of law and discipline;
(two) take the initiative to take measures to effectively avoid or recover losses;
(three) report other people's major violations of law and discipline, the situation is true.
Fourteenth civil servants of administrative organs take the initiative to account for violations of law and discipline, and take the initiative to take measures to effectively avoid or recover losses, should be given a mitigated punishment.
Civil servants in administrative organs who violate discipline slightly and make corrections after criticism and education may be exempted from punishment.
Fifteenth civil servants of administrative organs in any of the circumstances stipulated in Article 12 and Article 13 of these regulations shall be given a heavier or lighter punishment within the scope of punishment stipulated in Chapter III of these regulations.
Civil servants of administrative organs who are under the circumstances specified in the first paragraph of Article 14 of these Regulations shall be reduced by one punishment level beyond the punishment range specified in Chapter III of these Regulations. A warning should be given and the punishment should be mitigated or exempted.
Article 16 If an administrative organ is found by a people's court, a supervisory organ, an administrative reconsideration organ or an administrative organ at a higher level to have committed administrative violations or other violations of law and discipline and needs to be investigated for disciplinary responsibility, it shall punish the leaders who are responsible and the persons who are directly responsible.
Article 17 If a civil servant of an administrative organ violates the law and discipline and has been punished, dismissed, dismissed from public office or resigned from leadership positions before the administrative organ makes a decision on punishment, the administrative organ shall punish him according to the facts of his violation of the law and discipline.
If a civil servant of an administrative organ is sentenced to punishment according to law, he shall be dismissed. Eighteenth one of the following acts, be given disciplinary sanctions; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:
(1) Spreading remarks damaging the reputation of the country, or organizing or participating in activities such as assembly, procession and demonstration aimed at opposing the country;
(2) Organizing or participating in an illegal organization, organizing or participating in a strike;
(three) in violation of national ethnic and religious policies, resulting in adverse consequences;
(4) sabotaging the election by means of violence, threats, bribery or deception;
(5) damaging the honor and interests of the state in foreign exchanges;
(6) Leaving the country illegally or staying abroad in violation of regulations;
(7) Obtaining the qualification of permanent residence abroad or obtaining foreign nationality without approval;
(eight) other acts in violation of political discipline.
Anyone who commits the act mentioned in Item (6) of the preceding paragraph shall be dismissed; The acts specified in Items (1), (2) and (3) of the preceding paragraph belong to those who do not know the truth and do repent after criticism and education, and may be mitigated or exempted from punishment.
Nineteenth one of the following acts, given a warning, demerit or gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:
(a) civil servants with leadership responsibilities violate the rules of procedure, and individuals or a few people decide major issues, or change major decisions made by the collective;
(2) Refusing to carry out the decisions and orders made by superiors according to law;
(3) refusing to implement the exchange decision of the organ;
(4) refusing to execute the judgment or ruling of the people's court on an administrative case or the decision of a supervisory organ, an auditing organ or an administrative reconsideration organ;
(five) in violation of the provisions should be avoided and not avoided, affecting the fair execution of official duties, resulting in adverse consequences;
(6) Refusing to go through the official handover procedures or accept the audit when leaving, resigning or being dismissed;
(seven) absenteeism without reason or going out on business or the expiration of vacation, which has caused adverse effects;
(eight) other violations of organizational discipline.
Twentieth one of the following acts, given demerits, demerits; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:
(1) Failing to perform duties according to law, resulting in avoidable major accidents or mass incidents such as explosion, fire, spread of infectious diseases, serious environmental pollution and heavy casualties;
(two) major accidents, disasters, incidents or major criminal cases, public security cases, not according to the provisions of the report, handling;
(3) Neglecting the management of special funds and materials such as disaster relief, emergency rescue, flood control, epidemic prevention, special care, poverty alleviation, immigration, relief, social insurance and land acquisition compensation, resulting in corruption, misappropriation, damage or loss;
(four) other acts of dereliction of duty and delaying work.
Twenty-first one of the following acts, given a warning or demerit; If the circumstances are serious, give a demerit or demotion; If the circumstances are serious, he shall be dismissed from his post:
(a) in violation of the statutory authority, conditions and procedures in the work of administrative licensing or the implementation of administrative licensing;
(two) the illegal establishment or implementation of administrative compulsory measures;
(3) Illegal establishment or implementation of administrative punishment;
(four) administrative entrustment in violation of laws and regulations;
(five) in violation of the provisions of the tender, expropriation, urban housing demolition, auction and other matters that need to be decided by the government and government departments.
Twenty-second fraud, misleading and deceiving leaders and the public, resulting in adverse consequences, given a warning, demerit or gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, they shall be dismissed.
Twenty-third corruption, bribery, bribery, misappropriation of public funds, taking advantage of his position to seek personal gain for himself or others, and the source of huge amounts of property is unknown, he shall be given the above punishment; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, they shall be dismissed.
Twenty-fourth violation of financial discipline, squandering state assets, given a warning; If the circumstances are serious, demerit or gross demerit shall be given; If the circumstances are serious, demotion or dismissal shall be given.
Twenty-fifth one of the following acts, given demerits or demerits; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:
(1) Violating citizens' personal rights by beating, corporal punishment or illegal detention;
(two) to suppress criticism, take revenge, withhold or destroy the report letter, or disclose the report to the informant;
(3) apportioning or collecting property from citizens, legal persons or other organizations in violation of regulations;
(4) Obstructing or interfering with the execution of official duties in violation of regulations;
(five) other acts of abuse of power and infringement of the legitimate rights and interests of citizens, legal persons or other organizations.
Article 26 Whoever divulges state secrets or work secrets, or divulges business secrets or personal privacy mastered in performing his duties, thus causing adverse consequences, shall be given a warning, demerit recording or gross demerit recording; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, they shall be dismissed.
Article 27 Whoever engages in or participates in profit-making activities and concurrently holds a post in an enterprise or other profit-making organization shall be given demerit or gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, they shall be dismissed.
Twenty-eighth civil servants who seriously violate professional ethics, sloppy work style and bad work attitude, resulting in adverse effects, shall be given a warning, demerit or gross demerit.
Twenty-ninth one of the following acts, given a warning, demerit or gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:
(1) Refusing to undertake the obligation of support, upbringing and maintenance;
(2) maltreating or abandoning family members;
(3) keeping a lover;
(4) Serious violation of social morality.
Anyone who commits the act mentioned in Item (3) of the preceding paragraph shall be dismissed or expelled.
Thirtieth participation in superstitious activities, resulting in adverse effects, given a warning, demerit or demerit; Those who organize superstitious activities will be demoted or dismissed, and if the circumstances are serious, they will be expelled.
Article 31 Anyone who takes or injects drugs or organizes, supports or participates in prostitution, whoring or pornography shall be expelled or dismissed.
Thirty-second participants in gambling, given a warning or demerit; If the circumstances are serious, give a demerit or demotion; If the circumstances are serious, they shall be dismissed or expelled.
Those who provide places or other convenient conditions for gambling activities shall be given a warning, demerit or gross demerit; If the circumstances are serious, they shall be dismissed or expelled.
Gambling during working hours, given demerit, demerit or demotion; Those who refuse to mend their ways after repeated instruction shall be dismissed or expelled.
Whoever misappropriates public funds for gambling shall be dismissed or dismissed.
Whoever uses gambling to ask for bribes, accept bribes or pay bribes shall be punished in accordance with the provisions of Article 23 of these regulations.
Thirty-third in violation of the provisions of the super family planning, demotion or dismissal; If the circumstances are serious, they shall be dismissed. Article 34 The punishment of civil servants in administrative organs shall be decided by the appointment and removal organ or the supervisory organ (hereinafter referred to as the punishment decision organ) according to the management authority.
Thirty-fifth members of the State Council appointed by the National People's Congress and its Standing Committee shall be punished by the State Council. Among them, if the State Council proposes dismissal or dismissal, he will submit it to the National People's Congress or the NPC Standing Committee. Before dismissal or dismissal, the State Council may decide to suspend him from performing his duties.
Article 36. The punishment of leaders of local people's governments at various levels elected or appointed by local people's congresses and their standing committees shall be decided by the people's government at the next higher level.
If it is proposed to recall or dismiss the leaders of local people's governments at or above the county level who are elected or appointed by local people's congresses at or above the county level and their standing committees, the people's governments at the corresponding levels shall first put forward suggestions for recall to the people's congresses at the corresponding levels. Among them, if deputy leaders of local people's governments at or above the county level are dismissed or expelled, they may also propose to the Standing Committee of the people's congress at the corresponding level to revoke their posts. If it is proposed to recall or dismiss the leaders of the township people's government, the people's government at the corresponding level shall first propose a recall proposal to the people's congress at the corresponding level. Before the recall or revocation of duties, the people's government at a higher level may decide to suspend its performance of duties; Under special emergency circumstances, the people's governments at or above the provincial level may also dismiss or expel them when they think it necessary, and report to the Standing Committee of the people's congress at the same level and notify the Standing Committee of the people's congress at a lower level.
Article 37. The punishment of the main leaders of the working departments of local people's governments at various levels shall be decided by the people's governments at the corresponding levels. Among them, the people's government at the corresponding level shall put forward suggestions for dismissal to the Standing Committee of the people's congress at the corresponding level. Before being dismissed, the people's government at the same level or the people's government at a higher level may decide to suspend him from performing his duties.
Article 38 If a civil servant of an administrative organ is placed on file for investigation in violation of law and discipline and is unfit to continue to perform his duties, the appointment and removal organ may decide to suspend him from performing his duties.
Civil servants under investigation are not allowed to communicate, leave the country, resign from public office or go through retirement procedures during the investigation of violations of law and discipline. Article 39 The appointment and removal organ shall investigate and deal with civil servants of administrative organs suspected of violating the law and discipline according to the following procedures:
(a) with the consent of the person in charge of the appointment and removal organ, the relevant departments of the appointment and removal organ shall conduct a preliminary investigation on matters that need to be investigated and handled;
(2) If the relevant department of the appointment and removal organ believes that the civil servant is suspected of violating the law and discipline after preliminary investigation and needs further verification, it shall be reported to the person in charge of the appointment and removal organ for approval before filing a case;
(3) The relevant departments of the appointment and removal organ are responsible for further investigating the facts of civil servants' violation of law and discipline, including collecting and verifying relevant evidence materials, listening to the opinions of the leading members of the unit where the civil servants are investigated, the relevant staff and the supervisory organ of the unit, getting information from other relevant units and personnel, forming written investigation materials and reporting to the person in charge of the appointment and removal organ;
(4) The relevant departments of the appointment and removal organ will inform the investigated civil servants themselves of the facts found in the investigation and the basis for the proposed punishment, listen to their statements and arguments, and review and record the facts, reasons and evidence presented by them. If the facts, reasons and evidence put forward by the investigated civil servants are established, they shall be adopted;
(5) To decide the punishment, exemption from punishment or dismissal of the civil servant through collective discussion by the leading members of the appointment and removal organ;
(six) the appointment and removal organ will notify the civil servant himself of the decision in writing and publish it within a certain range;
(7) The relevant departments of the appointment and removal organ shall classify the punishment decision into the personal files of the punished civil servants, and collect relevant materials to form the working files of the punishment cases.
The termination procedure of the punishment of civil servants in administrative organs shall be handled with reference to the provisions of items (5), (6) and (7) of the preceding paragraph.
The appointment and removal organ shall, in accordance with the management authority, promptly report the decision on punishment or the decision on lifting punishment to the competent department of civil servants for the record.
Article 40 The investigation and handling of violations of law and discipline by civil servants of administrative organs by supervisory organs shall be handled in accordance with the procedures stipulated in the Administrative Supervision Law of the People's Republic of China.
Forty-first cases of violation of law and discipline of civil servants in administrative organs shall be jointly investigated by two or more case handlers; The units and individuals under investigation shall truthfully provide information.
It is strictly forbidden to collect evidence by illegal means such as violence, threats, inducements and deception; Illegally collected evidence shall not be used as the basis for finalizing the case.
Forty-second people involved in the investigation and handling of cases of violation of law and discipline of civil servants in administrative organs shall apply for withdrawal under any of the following circumstances; Civil servants under investigation and citizens, legal persons or other organizations interested in the case have the right to ask them to withdraw:
(1) Being a close relative of the civil servant under investigation;
(2) Having an interest in the case under investigation;
(3) Having other relations with the civil servant under investigation, which may affect the fair handling of the case.
Article 43 the withdrawal of the person in charge of the disciplinary decision-making organ shall be decided by the person in charge of the administrative organ at the next higher level of the disciplinary decision-making organ; The withdrawal of personnel who investigate and handle other cases of violation of law and discipline shall be decided by the person in charge of the disciplinary decision-making organ.
The administrative organ at the next higher level of the disciplinary decision-making organ or the disciplinary decision-making organ may directly decide to withdraw the personnel who investigate and handle cases of violation of law and discipline.
Forty-fourth administrative sanctions shall be given to civil servants, and a decision shall be made within 6 months from the date of approval; If the case is complicated or there are other special circumstances, the time limit for handling the case may be extended, but the longest time shall not exceed 12 months.
Article 45 The penalty decision shall include the following contents:
(a) the name, position, level, work unit and other basic information of the punished person;
(two) the facts of violation of law and discipline that have been verified;
(three) the types and basis of punishment;
(four) the channels and time limit for appealing against the decision;
(five) the name, seal and decision date of the organ that made the decision.
In addition to the contents specified in items (1), (2) and (5) of the preceding paragraph, the decision to terminate the punishment shall also include the types of the original punishment and the basis for the termination of the punishment, as well as the performance of the civil servants of the administrative organs who have been punished during the punishment period.
Forty-sixth disciplinary decisions and dismissal decisions shall take effect as of the date they are made.
Forty-seventh civil servants of administrative organs have a new work unit after being dismissed, and their personal files shall be handed over to the new work unit for management; If there is no new work unit, their personal files will be transferred to the talent service institutions under the personnel department where their household registration is located. Article 48 If a civil servant of an administrative organ who has been punished refuses to accept the punishment decision, he may apply for review or appeal in accordance with the relevant provisions of the Civil Service Law of People's Republic of China (PRC) and the Administrative Supervision Law of the People's Republic of China.
During the period of reconsideration and appeal, the execution of punishment shall not be stopped.
Civil servants of administrative organs are not subject to aggravated punishment if they file reconsideration or appeal.
Forty-ninth in any of the following circumstances, the organ that accepts the civil servant's review appeal shall revoke the punishment decision, make a new decision or order the original punishment decision organ to make a new decision:
(a) the facts and evidence on which the punishment is based are insufficient;
(two) in violation of legal procedures, affecting the impartial handling of cases;
(three) beyond the authority or abuse of power to make a decision on punishment.
Fiftieth in any of the following circumstances, the organ that accepts the civil servant's review appeal shall change the punishment decision, or order the original punishment decision organ to change the punishment decision:
(a) the application of laws, regulations, rules or the State Council decision is wrong;
(two) the circumstances of violation of law and discipline are wrongly identified;
(3) Improper punishment.
Fifty-first administrative organs of civil servants disciplinary decision changes, the need to adjust the position, rank or salary level of civil servants, should be adjusted in accordance with the provisions; If the decision on the punishment of civil servants in administrative organs is revoked, the rank and salary level of civil servants shall be restored, and corresponding posts shall be arranged according to the original positions, and their reputation shall be restored within an appropriate scope.
If the wages and benefits of civil servants of administrative organs whose punishment has been revoked or mitigated suffer losses, they shall be compensated. Fifty-second civil servants of administrative organs who have violated the law and discipline and should be punished shall not be punished if they have retired before the punishment decision is made by the punishment decision-making organ; However, those who are subject to demotion, dismissal or dismissal according to law shall be reduced or cancelled accordingly according to regulations.
Article 53 If the property obtained by civil servants of administrative organs in violation of law and discipline and the property used for violation of law and discipline should be confiscated, recovered or ordered to make restitution by other organs according to law, the punishment decision organ shall confiscate, recover or order to make restitution. Property obtained in violation of law and discipline shall be returned to the original owner or holder, or to the original owner or holder; If it belongs to the 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 54 The staff of institutions authorized by laws and regulations to manage public affairs shall be punished with reference to the relevant provisions of the Civil Service Law of People's Republic of China (PRC) and these Regulations.
The fifty-fifth of this Ordinance since June 6, 2007. 1988 September 13 the State Council promulgated the Interim Provisions on Administrative Punishment of Corruption and Bribery by State Administrative Organs, which shall be abolished at the same time.