How to identify illegal acceptance of banquets

Points of supervision and discipline: Accepting management and banquets from service recipients in violation of regulations is one of the typical problems that violates the spirit of the eight central regulations. It is a behavior that all party members, cadres, and public officials must resolutely resist. Accepting banquets from management and service recipients in violation of regulations, whether public funds or private funds are spent, may affect the fair execution of official duties or the fair exercise of public power, and should be dealt with seriously in accordance with regulations, disciplines and laws to maintain a strong deterrent. It is necessary to accurately distinguish the responsibilities of organizers and participants of illegal eating and drinking, and strictly deal with organizers who initiate, convene, and coordinate.

Basic case information: The scientific research department of a state-owned scientific research institution is responsible for coordinating the scientific research projects undertaken by the relevant business office of a certain municipal bureau. I got acquainted with Jin, the deputy director of the business department of the bureau (not a member of the Communist Party of China). In early February 2021, while the municipal party committee inspection team was inspecting the bureau, Jin proposed to have a dinner with Chen, the deputy director of other business offices of the bureau, and other three people (all members of the Communist Party of China) before the Spring Festival. After Xie learned that Jin was going to organize a dinner party, he proposed to Jin that he would organize the arrangements. Jin agreed and assisted Xie in convening and contacting relevant personnel. Xie sent meal ordering information to Jin and others. Jin, Chen and four others knew that Xie was a management and service target, but still accepted a banquet organized by Xie at a hotel on the evening of February 9, resulting in meal expenses** * A total of 5,450 yuan, and he drank 3 bottles of Maotai liquor; in addition, Xie also gave gifts to Jin and others based on the standard of 2,000 yuan per person. The above expenses are all borne by Xie. Jin and Xie were demoted in government affairs respectively, Chen and three other people were given severe warnings within the party, and disciplinary monies were collected separately.

Qualitative and qualitative discipline In this case, the determination of Jin and others’ disciplinary violations mainly considered the following aspects: First, the violation of discipline at key nodes. Judging from the time point, the case occurred after the 19th National Congress of the Communist Party of China, during the inspection of the municipal party committee, and near the Spring Festival. The disciplinary inspection and supervision agency issued a special reminder to celebrate the holiday with integrity, but Jin and others ignored it and went their own way and violated discipline. From the perspective of disciplinary violations, Jin and others not only accepted banquets in violation of regulations, but also received gifts and red envelopes in violation of regulations. Judging from the number of people, Jin "invited friends and company", convened many people to accept banquets, and drank high-end drinks, which should be dealt with seriously. The second is to accept banquets and gifts that may affect the fair execution of official duties (exercise of public power). The state-owned scientific research institution's application for scientific research projects must be approved by the municipal bureau. Xie, the director of the scientific research department, is specifically responsible for the application of scientific research projects and must also be approved by the department where Jin and others work. When Jin, Chen and others accepted banquets organized by Xie using private funds and received gifts from him, they accepted banquets and gifts that may affect the fair execution of official duties (exercise of public power). Xie’s actions include providing banquets that may affect the fair exercise of public power and giving gifts to public officials that may affect the fair exercise of public power. The third is to distinguish responsibilities and measure disciplines accurately. As the initiator and organizer of the dinner party, Jin has a direct impact on the consequences of disciplinary violations and should bear the heaviest responsibility. After learning that Jin was going to organize a dinner party for colleagues, Xie offered to participate and was responsible for the arrangements. He not only actively contacted and facilitated the dinner party, but also actively provided financial support. During this period, he also gave gifts to public officials, which had a direct impact on the occurrence of disciplinary violations. Therefore, When measuring records, consider putting them on the same scale as Jin. Other people who participated in the dinner knowingly accepted the banquet organized by the management and service recipients in violation of regulations, but did not remind them to stop it. Instead, they participated and accepted gifts. This also constituted a violation of discipline. However, the responsibility for the violation of discipline is lighter and should be taken into account when measuring discipline. consider.

When handling this case, considering that Jin and others violated discipline after the 19th National Congress of the Communist Party of China and during the inspection of the Municipal Party Committee at an important time point, they should be dealt with seriously. At the same time, comprehensive consideration should be given to their ability to actively cooperate with the organizational review, admit their mistakes, and take the initiative. Turning over disciplinary proceeds and other circumstances that may lead to lenient or mitigating treatment, it was determined that Jin violated the spirit of the eight central regulations and accepted banquets and gifts that may affect the fair exercise of public power. According to the "Law of the People's Republic of China on Governmental Punishments for Public Employees" 》Article 34: Xie violated the spirit of the eight central regulations by providing banquets that may affect the fair exercise of public power, and giving gifts to public officials and their specific relations that may affect the fair exercise of public power. According to the "People's Republic of China*" ** Paragraph 2 of Article 34 of the Law on Government Punishment for Public Officials of the People's Republic of China; Chen and other three party members and cadres of the bureau violated the spirit of the eight central regulations and accepted banquets and gifts that may affect the fair execution of official duties. According to the "China The first paragraph of Article 88 and Article 92 of the Regulations on Disciplinary Punishments of the Communist Party of China shall be dealt with.

Interpretation through cases: Through the above cases, we analyze and interpret the key and doubtful issues in practice to clarify vague understandings, accurately grasp the essence, and handle them accurately and qualitatively. First, how should non-Party members of the Communist Party of China and public officials violate the spirit of the eight central regulations? From the perspective of the application of system regulations, the spirit of the eight central regulations has passed legal procedures and is reflected in the "People's Republic of China and the State Council". All public officials must abide by and strictly implement the requirements of laws and regulations such as the Law on Administrative Punishment for Public Employees. In order to implement the spirit of the eight central regulations and its implementation rules and benchmark the requirements of the Party Central Committee, all regions, departments and units have generally formulated and promulgated implementation opinions or specific measures for implementation. Their scope of application covers all party members and cadres under their jurisdiction. , public officials. From the perspective of the requirements of the code of conduct, party members and cadres and public officials in the party's organs, people's congress organs, administrative organs, CPPCC organs, supervisory organs, judicial organs, procuratorial organs, mass organizations, and state-owned enterprises and institutions must perform their duties. Use power impartially, be honest and honest, adhere to strict economy and oppose waste in official receptions, official outings and other official activities. In summary, all public officials, including non-members of the Communist Party of China, must implement the spirit of the eight central regulations and their implementation rules. Anyone who violates relevant disciplines and laws and regulations can be deemed to have violated the spirit of the eight central regulations. In this case, although Jin is not a member of the Communist Party of China, as a public official, accepting banquets and gifts that may affect the fair exercise of public power should be considered a violation of the spirit of the eight central regulations. It should be noted that in the application of the terms, party members should be dealt with in accordance with the "Regulations on Disciplinary Punishment of the Communist Party of China" and other intra-party regulations and national laws such as the "Law of the People's Republic of China on Government Punishment of Public Servants". Public officials who are members of the Communist Party of China should be dealt with in accordance with the "Law of the People's Republic of China on Government Punishments for Public Servants" and other laws and regulations. Second, how should organizers of illegal eating and drinking implement strict requirements? All persons who participate in illegal eating and drinking are directly responsible, and organizers should bear the heaviest responsibility. In practice, organizers who initiate, convene, and coordinate the participation of others play the greatest role in disciplinary violations. Their disciplinary violations are more serious than those of ordinary participants, and specific handling should reflect strict requirements. In this case, Jin, as a public official and leading cadre, proposed and organized a dinner party, and agreed that Xie, the manager and service object, would organize and implement it. Xie was responsible for arranging, liaising, and facilitating the dinner party and providing financial support. They have equal responsibilities and must strictly adhere to the same standards in terms of measurement and discipline. Third, how should we deal with illegal acceptance of management and banquets from service recipients? Accepting management and banquets from service recipients in violation of regulations may affect the fair execution of official duties or the fair exercise of public power, damage the integrity of official behavior, and violate the central government regardless of whether public funds are spent. In accordance with the spirit of the eight provisions, they should be resolutely punished in accordance with rules, disciplines and laws. Among them, those who illegally accept banquets paid with private funds from private enterprises, individuals and other management and service objects should be dealt with according to the corresponding provisions for accepting banquets that may affect the fair execution of official duties.

Accepting banquets paid with public funds for management and service objects in violation of regulations not only constitutes accepting banquets that may affect the fair execution of official duties, but also constitutes illegal organization and participation in banquets paid for with public funds. This is a situation of concurrence. One disciplinary violation violates two clauses at the same time. In practice In general, they should be dealt with in accordance with the provisions of heavier penalties, that is, the provisions corresponding to illegal organizations and participation in banquets paid for with public funds shall be strictly dealt with. The issue of banquets for management and service users cannot be regarded as a simple matter of eating and drinking. We must realize that eating and drinking often become the "catalyst" of corruption, which is easy to become rotten by wind and wind; the purpose of some "treating guests to eat" is to "treat entrustment "The hidden power-for-money transactions and interest meddling behind the scenes are part of corruption. We must be highly vigilant and severely punished to prevent corruption problems from growing and spreading." It should be noted that in the practice of supervision and discipline enforcement, we cannot simply think that eating with management and service objects is a violation of discipline. We must insist on seeking truth from facts, judge whether it may affect official business and whether it is illegal based on the specific situation, and define it scientifically and accurately. Avoid rigid generalization. For example, if a cadre accepts a banquet while serving an enterprise because he cannot avoid it, but pays reasonable fees in a timely manner and does not seek improper benefits for the enterprise, this generally should not be considered a disciplinary violation. (Shanghai Municipal Commission for Discipline Inspection and Supervision, Party Style and Political Style Supervision Office, Case Trial Room)