On the difference between favor dealings and bribery

The difference between normal favors and bribery can be understood from three levels:

1. There is an original courtesy exchange between the receiving and sending parties, and the amount of the exchange is large enough to equal the increase. If there is not much difference, it is a normal exchange of gifts and should not be considered as illegal acceptance of gifts. For example, if a subordinate holds a wedding and the boss gives a red envelope of 500 yuan. Later, when the boss holds a wedding, the subordinate gives a red envelope of 1,000 yuan. This should be regarded as a normal exchange of gifts. If the subordinate gives a red envelope worth thousands or tens of thousands, the boss may be suspected of borrowing money. Making money by taking advantage of the opportunity is a violation of discipline and rules.

2. The act of accepting red envelope gifts from management objects, subordinates, clients, or accepting red envelopes during official activities such as project acceptance is a violation of the relevant provisions on cadres' integrity and self-discipline, and should be punished by party and government disciplines. deal with. But those who can take the initiative to explain the problem, actively cooperate with the disciplinary inspection and supervision department to explain the situation, actively return the case, etc. with mitigating circumstances, will be given a warning, a demerit (serious warning) and other sanctions. Accepting red envelopes from management objects, subordinates, clients, or receiving red envelopes during project acceptance and other official activities to benefit others, if the circumstances are serious, is a serious disciplinary violation and will be punished by administrative demotion or dismissal.

3. Anyone who accepts red envelopes from management objects, subordinates, clients, or during official activities such as project acceptance, if the amount reaches the standard for criminal filing in the "Criminal Law" and relevant judicial interpretations, is suspected of accepting bribes. Criminal penalties should be imposed.

The relevant provisions are as follows:

1. Article 18 of the "Interim Provisions on Punishment of Staff of Public Institutions" Whoever commits any of the following acts shall be given a warning or a demerit; if the circumstances are serious, , be given the sanction of downgrading the position or being dismissed; if the circumstances are serious, the sanction of dismissal shall be given:

(1) Corruption, soliciting bribes, accepting bribes, offering bribes, introducing bribes, and misappropriating public funds;

( 2) Taking advantage of work to seek improper benefits for himself or others;

(3) Accepting gifts, various securities, and payment vouchers in official activities or work;

< p>(4) Using the inside information known or mastered to seek benefits;

(5) Using public funds to travel or using public funds to travel in disguise;

(6) Violating national regulations, Engaging in or participating in for-profit activities or receiving remuneration for holding concurrent positions;

(7) Other behaviors that violate the discipline of honest work.

Anyone who commits the acts specified in Item (1) of the preceding paragraph shall be given a sanction of demerit or above.

2. Article 23 of the "Regulations on the Punishment of Civil Servants in Administrative Agencies" stipulates: those who commit corruption, demand bribes, accept bribes, offer bribes, introduce bribes, misappropriate public funds, use their position to seek personal gain for themselves or others, or commit large sums of money Those who violate integrity disciplines such as unclear sources of property will be given a demerit or a major demerit; if the circumstances are serious, they will be demoted or dismissed; if the circumstances are serious, they will be dismissed.

3. Article 83 of the "Regulations on Disciplinary Punishments of the Communist Party of China" accepts gifts, gifts, consumption cards, etc. that may affect the fair execution of official duties. If the circumstances are relatively minor, a warning or a serious warning will be given. Punishment; if the circumstances are serious, the punishment of removal from party positions or probation; if the circumstances are serious, the punishment of expulsion from the party.

Acceptance of other gifts, gifts, consumption cards, etc. that obviously exceed the normal reciprocity shall be handled in accordance with the provisions of the preceding paragraph.

4. Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery" stipulates: If the amount of corruption or bribery is more than 30,000 yuan and less than 200,000 yuan, It should be determined to be a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine in accordance with the law.