A netizen to open the blogHttp://blog.sina.com.cn/abcd578578, seeThe blogger2009Years7Month20Day16Point16Points published articles "The party and the state public servants shall not engage in business or run enterprises"After the message advisory:I have a old comrade,1987YearsIn the name of his wife and 3 othersThe signing of the agreementDoForm a partnershipLime factory, his nameUnder a certain proportionPerformance shares,ShareholderSignIsHeTheName.Added a "generation"To himInstead ofWife signedName. My unit is the original coal,TheyLime factoryBuildLimeNeedCoal,TheOld comrades to personally findWeThe supply and marketing department, to talk about goodRequiredTo coal30Tons, per ton50Yuan, the total1500Element. CoalTranport toLime factoryAfter theLime factory, the number of coal to buy others,BuckleIn addition toAfter costThe4025Yuan to giveTheThe old comrades.1989YearsSome peopleReport toUnit, unit that the old comrades asNational staffViolationOfRegulations,In buying behavior in, decided to giveCirculate a notice of criticism,Keep a monthly allowanceThat yearParty memberCheck for"Unqualified".The comradesAlways think the unit processing qualitative uncertainty, think impassability.To consult:A unit of such treatment onNo.? TwoTheThe old comrades is in violation of the provisions of the state staff are not allowed to do business?

    Answer: first, the old comrades to the unit Is it right? "State organs", he Is it right? "State personnel", whether "state functionaries", he is "engaged in the business"?

So-called"State organs" refers to the State Administration and the exercise of state power, the national budget as the independent activities of the central and local levels of organization. Including the organ of power, national and local people's congresses and their standing committees; the administrative organ, the State Council and its ministries and local people's governments at all levels and the various regulatory agencies at all levels of machine; procuratorial organs at all levels, the judicial organs at all levels of the army, system construction.1986Years2Month4"The CPC Central Committee, the State Council on the day to stop the party and government organs and cadres to do business, to do business rules" provisions of article 1:"The party and government organs, organs at all levels, including the power of Party and state administrative organs, judicial organs, procuratorial organs, membership these organs sequence of institutions".You say that your unit is the "coal", should not the state organs.

The so-called "national staff", according to the "PRC Criminal Law" article93Provisions ", refers to the personnel of state organs. State-Owned Company, enterprises, institutions, people's organizations and state organs, public State-Owned Company, enterprise, unit to a non State-Owned Company, enterprises, institutions, social organizations engaged in public service, and other personnel engaged in public service according to law, to state functionaries." Thus it can be seen, the national staff consists of two categories: one category is engaged in public service in state organ personnel. Another kind is "working personnel of the state to state functionaries", can be called quasi national staff. Includes three parts of personnel to state functionaries: one is engaged in public service, in the State-Owned Company, enterprises, institutions, people's organizations staff. The two is, by state organs, enterprises, institutions, State-Owned Company appointed to the staff of non State-Owned Company, enterprises, institutions, social organizations engaged in public service. Three, other personnel engaged in official business according to law. The control of this regulation, your unit is state-owned enterprises, State-Owned Company, whether non State-Owned Company or non state-owned enterprises, so the comrades whether by state organs or state-owned enterprises assigned to the non state-owned enterprises, in addition to the comrades are "engaged in official business" of the staff?

The so-called "public", refers to the management of public affairs activities, that is engaged in the organization, leadership, supervision, management and other official activities such as transaction for the state behavior. "Characteristics of official": first is the management, the management of public affairs, it can be the affairs of state, also can be the social affairs and collective affairs. The second is a national representative, namely this kind of activity on behalf of the state of. Once again, the position of the government, namely it is the office or authorized functions based on certain derivative. Another is the legitimacy of public affairs, namely, exercise the functions of the legal authority. Such as the national office working personnel shall perform their duties according to law, the directors of the State-Owned Company, managers, supervisors, accounting, cashier personnel management, supervision of state-owned property and other activities, to engage in public service. Those who do not have the authority to content services, technical services, such as assistant conductor etc., are engaged in the work, is generally not considered official. You can control these rules, have a look whether "the comrades engaged in public service" of the staff.

Second, why the emphasis on "national staff" and "public"? Because, "the CPC Central Committee, the State Council decided on the non party and government organs and cadres to do business, to do business" (Zhongfa [1984]27No. second) stipulates: "Xiang(Including Township)The party and government cadres(Including relegated to second-line cadres), is allowed to owned or joint venture, part-time reward, a dry stock dividends, business, enterprise; benefit also does not allow the use of authority for the family, relatives and friends to do business.""Cadres, workers and the authorities, including the back seat of the cadres, in addition to the Secretariat of the Central Committee, the State Council special approval, are not allowed in all types of enterprises office. Have as a corporate job, must resign immediately; otherwise, party and government organs must resign." 

1986Years2Month4Day, the CPC Central Committee, the State Council issued the "on the further suppression of the party and government organs and leading cadres to do business, to do business rules" articleFourThe provisions:"All who participate in illegal business activities or provide the cadres, workers and convenient, be given disciplinary sanctions, the leading cadres should be severely punished. The violation of the criminal law, should be punished according to law."That is to say, as long as you are the cadres of the organs or staff, will not do business, to do business.Here called "business, to do business", refers to a sole proprietorship or joint venture, partnership and other agency business or other enterprise, personal or the name of another form of investment management enterprise, privately to contract, lease, employed, engaged in business and other business activities. The subjective purpose of business, enterprise want to obtain economic benefits or profits, regardless of business or enterprise objective results whether profitable. The objective condition is, I must personally engaged in specific business management to do business, such as held management positions, as an economic consultant, technical guidance. If cadre, worker the comrades not the authority, norThese institutions subordinate organization sequenceCadres, workers, it should not be based on the "regulations".

Third.1986Years3Month29Day, "the CPC Central Committee General Office, the office of the State Council on the implementation of<The CPC Central Committee, the State Council on further to stop the party and government organs and leading cadres in business, business rules>Some issues that "(do hair[1986]9The number)SixArticle pointed out,""Regulations" in the leadership cadre children, spouse, refers to the regimental on-the-job and relegated to second-line County(With the county level)Children, spouse or cadres."There are no rules section level cadres and below the children and spouse shall not engage in business or run enterprises. If the comrades notCounty level(With the county level)More cadresHis spouse, to do business should not be subject to the provisions of. But it should be noted that, the CPC Central CommitteeThe State Council "on the prohibition of the leading cadres of the children, spouse, business decision" (of hair[1985]8No.) stated: "all cadre children especially in the economic sector work cadre children, not by virtue of family relationship and influence, participate in or being assigned, the rate difference at bargaining, the relationship, illegal speculation, profiteering."

2006Years1Implementation of the "PRC Civil Servant Law" second stipulation: "this law is called civil servants, to fulfill the public, in accordance with the law in the national administrative system, by national finance burden salary and benefits staff." The law 106th stipulation: "the staff except for workers with the function of public affairs administration institutions authorized by laws and regulations, management approval, according to the law." As long as you both perform official duties according to law, the establishment of national conditions, by the three welfare wage countries burden, also including business unit has the function of Public Affairs Administration authorized by laws, regulations and working outside of the staff, must comply with the provisions of the fourteenth paragraph of the "civil law" fifty-third: civil servants may not "to engage in or participate in the business activities, concurrent posts in enterprises or other for-profit organization". But because of the law, the law does not back the past, even if he really is a civil servant, the2006Years1Implementation of lawThe provisions are not applicable1987The disciplinary actions years.

Fourth.What is the performance? "Dry" refers to the shareholders have no actual investment can hold a certain proportion of shares of the company shares. And there shall be an effective stock grant agreement as the premise. As long as the grant agreement legally, and reflected in the articles of association of the company, the shareholders can fully enjoy the obligation of shareholders' rights and should do. The concept of "company law" does not have the so-called "dry". If the comrade is obtained using authority convenience shares, it may conform to the Supreme People's court, the Supreme People's Procuratorate jointly issued "Regulations on handling the problems of bribery in criminal cases the law applicable opinions", namely "the performance shares bribery" options "Rent-seeking" belongs to bribe illegal behavior.

Fifth, "the Communist Party of China"The thirty-ninth stipulation:" party disciplinary measures has five kinds: warning, serious warning, removed from their party posts, on probation within the party, expelled from the party." Do not withhold a month allowance to dispose of the grade. In the disciplinary procedures, also stipulates "disciplinary action against members of Congress, must pass through the branches, approved by the party committee." "Party organizations to make the punishment decision, we should seek truth from facts to ascertain the facts. The punishment decision based on the facts and the punishment decision must be the same to meet me, listen to my explanation and defense. If I is not satisfied with the decision on punishment, the party may appeal, organize the relevant responsible for handling or fast forwarding, shall not withhold. To cling to erroneous views and unjustifiable requirements of the people, to give criticism and education." In December 15, 1988, the CPC Central Committee approved the Organization Department of the Central Committee "on the establishment of Democratic Party System of opinions" notice that, the review revealed irregularities and other issues, it is necessary to carefully identify, serious processing. The Council considered unqualified Party member, the Party branch committee should distinguish the different situation, put forward handling opinions, submit branch of the General Assembly vote, in accordance with the principle of democratic centralism. On the party organization, should be very carefully, to adhere to the principle, method to properly. To be quantui and delisting, party organization should do ideological work.

Sixth, "take the fact as the basis, to the discipline of the party as the criterion", is the discipline inspection departments handling work must always adhere to a basic principle. The discipline inspection departments in handling cases, should cogent accomplish "clear facts, irrefutable evidence, qualitative accurate, proper handling, complete the procedures" requirements, inspection to every case to withstand history. The facts are clear, namely that the mistakes of fact conclusion must be in line with the objective reality, the materials of the case facts wrong occurrence time, location, plot, witness, material evidence, consequences, my responsibility, and subjective and objective, the cause of the error, explain clearly. The fact is finalized based, not vague, draw a forced analogy, exaggerate or reduce the factual circumstances of material. The so-called irrefutable evidence, that there is no evidence or insufficient evidence, is not conclusive, it can not be finalized. Only the irrefutable evidence, fully, even those who have made mistakes and refused to admit, also can be finalized processing. The qualitative accuracy, based on clear facts, irrefutable evidence that party members on the analysis of the mistakes of the nature. Determination of the nature of the problem, must be based on the "constitution", "guiding principles for inner party political life", "China Communist Party discipline regulations", the party's principles, policies and state laws, decrees, regulations as the criterion, a concrete analysis of concrete problems, what is the nature of the problem is what nature, it is difficult to determine the realistic way, can make a conclusion. The so-called proper handling, which is based on the fact that, in order to Party discipline and the policy as the criterion, according to the nature of the problem, the consequences of errors, mistakes in understanding attitude, consistent performance, make the appropriate treatment. Neither treatment wide, and can not be processed over. The so-called formalities complete, should be strictly in accordance with the "constitution", "guiding principles for inner party political life", "Chinese Communist Party discipline regulations" provisions of the procedures and formalities, must have the following materials: records management decisions and meeting of branch congress; conclusion materials (the fact that meet material) and material; investigation report and the main evidence; I check material; Party committee approved.

As the author of the facts of the case is not very clear, no further judgment and evaluation, where the views are for reference only. The expensive unit can be in accordance with the party constitution and the Party regulations, control of the old comrades to negotiate the purchase of coal, lime plant in coal approach, as well as the actual situation, the comrades of fruitive activities properly, appeal to check.

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