【Abstract】The second batch of guiding cases on discipline enforcement issued by the Central Commission for Discipline Inspection and the State Supervision Commission. In the guiding opinions of "Shen's Private Use of Public Cars and Public Maintenance of Private Cars", it is pointed out: For example, in some remote areas or areas with inconvenient transportation, the unit has approved the official transportation subsidy standards based on factors such as official travel distance, and those who use private cars to perform official duties can use official fuel cards to refuel according to the standards; Another example is that although county and township grassroots workers receive official transportation subsidies according to regulations, but because they go to villages and households and so on beyond the scope of protection, the relevant units may appropriately adjust the official transportation subsidy standards according to the regulations, or formulate official transportation subsidy standards according to the procedures and calculate and issue them according to the standards; For another example, for some major emergency relief, accident handling or emergency handling and other unpredictable special matters, the temporary use of private cars to carry out official activities, and the expenses, wear and tear or even damage incurred in this process, can be given appropriate compensation and subsidies according to the relevant emergency plans.
Shen's case of private use of public cars and public maintenance of private cars
(2021 Guiding Case No. 7, Total No. 7)
【Keywords】
private use of public vehicles; public maintenance of private cars; Embezzlement and embezzlement
【Key Points of Discipline and Law Enforcement】
With the deepening of the reform of public vehicles, the management system of public buses in various places has been continuously standardized, and the problem of "private use of public cars" has been effectively curbed, but the problem of "private car public maintenance" has begun to rise. The problem of "public maintenance of private cars" usually involves a small amount of money, but the essence is the corruption problem of turning public into private and embezzlement. In the work of enforcing discipline and law enforcement, discipline inspection and supervision organs should, on the one hand, adhere to the main tone of strictness, accurately identify and seriously deal with such problems, so as to put an end to "corruption on wheels"; on the other hand, they should also persist in seeking truth from facts, carefully distinguish between different situations in practice, and make precise handling.
【Basic facts of the case and handling results】
Shen is a member of the Communist Party of China and the executive deputy director of the Organization Department of a municipal party committee (at the county level). From December 2018 to August 2020, Shen repeatedly asked the driver to drive a bus to pick him up to play tennis and his daughter, who was studying in college in other provinces, to and from school and home. From January 2020 to March 2021, Shen took advantage of the loophole that the unit's official fuel card was not bound to the public car, and took advantage of the opportunity to drive the bus to carry out official business, and repeatedly used the official fuel card to refuel his two private cars, spending a total of 5,500 yuan. In August 2021, Shen was severely warned by the party and demoted in government affairs, and 5,500 yuan of his illegal income was recovered and returned to the Organization Department of the municipal party committee; At the same time, they will be given the treatment of adjusting their duties.
【Guiding significance】
1. Accurately grasp the nature of the problem of "private car public maintenance" identification and handling
In practice, there are many manifestations of the problem of "private car public maintenance", such as "private oil public supply", "private car public repair" and "private ticket bulletin", etc., and each form of expression differentiates a variety of different means of violating discipline and law. For example, "private oil public supply" can be manifested as using the convenience of managing and using public vehicles, using official fuel cards to refuel one's private car, or reimbursing the unit in the name of the public car after refueling, or it can be manifested as handing over the fuel expenses incurred by one's own use of private cars to subordinate units for payment and reimbursement.
"Private use of public vehicles" violates the spirit of the eight central regulations and should be dealt with in accordance with Article 107 of the Regulations of the Communist Party of China on Disciplinary Sanctions and Article 35 (2) of the Law of the People's Republic of China on Government Sanctions against Public Employees. The behavior of "private cars and public maintenance" is no longer a matter of style in essence, but a corrupt act of embezzling public funds for oneself and turning public funds into private interests. Where the amount involved in "public maintenance of private cars" does not meet the standards for criminal prosecution, the disciplinary responsibility and supervision responsibility shall be pursued in accordance with Article 28 of the Regulations of the Communist Party of China on Disciplinary Sanctions and Article 33, Paragraph 1 (1) of the Law of the People's Republic of China on Government Sanctions against Public Employees; Where the amount involved has reached the standard for criminal prosecution and is suspected of committing a crime committed in public office, he or she shall be investigated for disciplinary responsibility and supervision responsibility in accordance with Article 27 of the Regulations of the Communist Party of China on Disciplinary Sanctions and Article 33, paragraph 1 (1) of the Law of the People's Republic of China on Government Sanctions against Public Employees, and shall also be transferred to the judicial organ for investigation of his criminal responsibility.
2. Accurately identify the problem of "private car public maintenance"
The act of "public maintenance of private cars" constitutes violations of discipline and law or even suspected of job-related crimes, but in practice there are still some situations that seem to be "public maintenance of private cars", but it is not appropriate to be identified according to violations of discipline and law. For example, in some remote areas or areas with inconvenient transportation, the unit has approved the official transportation subsidy standard according to factors such as official travel distance, and those who use private cars to perform official duties can use official fuel cards to refuel according to the standards; Another example is that although county and township grassroots workers receive official transportation subsidies according to regulations, but because they go to villages and households and so on beyond the scope of protection, the relevant units may appropriately adjust the official transportation subsidy standards according to the regulations, or formulate official transportation subsidy standards according to the procedures and calculate and issue them according to the standards; For another example, for some major emergency relief, accident handling or emergency handling and other unpredictable special matters, the temporary use of private cars to carry out official activities, and the expenses, wear and tear or even damage incurred in this process, can be given appropriate compensation and subsidies according to the relevant emergency plans.
In addition, party organizations at all levels should earnestly perform their main responsibilities, and in accordance with the General Office of the CPC Central Committee and the General Office of the State Council on Comprehensively Promoting the Reform of the Official Car System (Zhongban Fa [2014] No. 40) and the Office of the Central Leading Group for Bus Reform on Improving Supporting Policies and Continuously Consolidating the Achievements of Public Vehicle Reform (Fa Gai Dian [2016] No. 757), etc., proceed from reality to solve new situations and problems in the reform in a timely manner, and orderly connect relevant policies such as official transportation subsidies. Take the initiative to explore a variety of ways to ensure official travel, especially for grassroots staff in counties and townships. For example, support local governments to increase the overall planning ratio of official transportation subsidies, and the overall planning ratio can be considered without a ceiling, focusing on ensuring posts and personnel with heavy travel tasks; Formulate relevant management measures in areas with inconvenient transportation, adopt the payment of transportation expenses according to distance, and so on. At the same time, discipline inspection and supervision organs at all levels shall take strong supervision measures as a guarantee, and avoid problems such as the disguised issuance of benefits in the name of transportation subsidies on the premise of effectively guaranteeing official travel.
3. Give full play to the role of organizational processing
Organization and handling is an indispensable means for educating and managing cadres and an important measure for comprehensively administering the party strictly. Where discipline inspection and supervision organs find that the person under review is unfit to hold his current position or that it is necessary to give organizational disposition in advance, they shall give him corresponding organizational disposition in accordance with Article 6 of the "Provisions on the Handling of Organizations of the Communist Party of China (for Trial Implementation)". In this case, Shen's quality as a cadre organizing workers was directly related to whether the cadre selection and appointment work could be fair and upright. Therefore, from the perspective of strengthening the building of organization cadres, Shen was reassigned to the organization and treatment of his post at the same time, so as to give full play to the warning role, strengthen the education of political discipline and political rules among the organization cadres, ensure that the organization cadres are absolutely reliable politically and absolutely loyal to the party, and further cultivate the political ecology.
【Related Terms】
Regulations of the Communist Party of China on Disciplinary Sanctions (18 August 2018)
Article 27 Where during the disciplinary review a Party organization discovers that a Party member has embezzled or bribed, abused his power, neglected duty, rent-seeking in power, conveyed benefits, engaged in irregularities for personal gain, wasted state resources, or other suspected criminal acts in violation of law, he shall be given the sanction of removal from office within the Party, probation in the Party, or expulsion from the Party.
Article 28 Where a Party organization discovers during a disciplinary review that a Party member has committed conduct provided for in the Criminal Law, which does not constitute a crime but must be investigated for Party disciplinary responsibility, or has other illegal conduct that harms the interests of the Party, the State and the people, it shall be given a warning up to and including expulsion from the Party, depending on the specific circumstances.
Article 107 Where the relevant provisions are violated by equipping, purchasing, replacing, decorating or using official means of transportation, or other violations of the regulations on the management of official means of transportation, the person directly responsible and the leader responsible shall be given a warning or a serious disciplinary warning if the circumstances are more serious; where the circumstances are serious, they shall be dismissed from their posts within the party or placed on probation in the party.
Law of the People's Republic of China on Government Sanctions against Public Officials (June 20, 2020)
Article 33, Paragraph 1 (1) Whoever commits any of the following acts shall be given a warning, a demerit or a major demerit; where the circumstances are more serious, they shall be demoted or removed; If the circumstances are serious, they shall be dismissed:
(1) Embezzlement and bribery.
Article 35 (2) Where there is any of the following conduct, and the circumstances are more serious, a warning, a demerit or a major demerit shall be given; where the circumstances are serious, they shall be demoted or removed;
(2) Violating provisions by exceeding standards or scope in areas such as official reception, official transportation, conference activities, office space, and other work and life safeguards.
Regulations on the Organization and Work of the Communist Party of China (May 22, 2021)
Article 41: Organization departments shall strengthen the awareness of political organs, take the lead in carrying forward the party's glorious traditions and fine work style, take the lead in strengthening the "four consciousnesses," strengthen the "four self-confidences," and achieve the "two safeguards," persist in taking the party's political construction as the command, thoroughly promote strict management of the ministry, strict self-discipline, and strict leadership of the contingent, and strive to build model departments that stress politics, value justice, are professionally sophisticated, and have a good work style, so that the party Central Committee can rest assured, party members and cadres can trust talents, and the people are satisfied.
Strengthen the construction of the contingent of cadres organizing workers, strengthen education in political discipline and political rules, strictly abide by organizational and personnel discipline and confidentiality discipline, adhere to honesty and integrity, focus on improving professional capabilities, and ensure absolute political reliability and absolute loyalty to the party.
Provisions on the Handling of Organizations of the Communist Party of China (for Trial Implementation) (19 March 2021)
Article 6 Party committees (leading Party groups) and their organization (personnel) departments shall perform organizational handling duties in accordance with the authority of cadre management.
Where relevant organs or units discover that leading cadres have situations that need to be organized and handled in the course of discipline enforcement, routine management and supervision, they shall report to the party committee (party group) or make suggestions to the organization (personnel) department.
Article 7 (15) (17) Leading cadres who have emerging or tendencies or minor problems in political performance, performance of duties, work style, compliance with organizational systems, moral conduct, etc., mainly criticism and education, ordering inspections, or admonitions, and in any of the following circumstances and the problems are serious, shall be dealt with by the organization;
(15) Violating the spirit of the eight central provisions and the relevant provisions on honest and honest administration;
(17) Other situations that shall be handled by the organization.
Article 8: Organizational handling may be used alone or in combination with party discipline and government sanctions.
"Ten Strict Prohibitions" Disciplinary Requirements for Organizing Work Cadres (August 22, 2008)
8. It is strictly forbidden to take advantage of one's position to seek special favors or personal gain for oneself, one's relatives, friends, or specific related persons.
If the cadres who organize workers violate the above disciplinary requirements, the circumstances are minor, and criticism, education, or admonition talks are conducted; Where the circumstances are more serious, they shall be transferred from the organizational department and given party and government disciplinary sanctions in accordance with relevant provisions.