Interpretation of Discipline Alarm Bell by Case | Phase I: Detain Young Cadres "Discipline and Law Deduction"


In order to solidly promote the activities of the sixth discipline education, study and publicity month, educate and guide party members and cadres to be disciplined and abide by the rules, and turn iron discipline into the daily habits and conscious compliance of party members and cadres, the discipline Inspection Commission of the Group has specially formulated ten typical cases of "explaining discipline by case" to guide the broad masses of party members and cadres to remain vigilant at all times and correctly perform their duties and powers. The first issue: "buckle young cadres" discipline buckle"

typical case]

1. Wang, the former "post-90s" cashier of a retired cadre rest and recuperation center in Dongcheng District, Beijing, embezzled public funds. During his work, Wang used fake bank statements, imitated the signatures of the unit leaders, and transferred public funds to personal accounts through cash checks. Later, I didn't even bother to use the cash check, and transferred the money from the unit account directly to my own name through UnionPay. Wang took advantage of his position to embezzle and defraud public funds of more than 720 million yuan, all of which were used for personal luxury consumption. In March 2019, he was detained by the Dongcheng District Supervisory Committee on suspicion of corruption and was expelled from public office in September of the same year. In December 2019, he was sentenced to 12 years in prison by the Dongcheng District People's Court and fined RMB 1 million.

 

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2. The former "post-90s" accountant and cashier Zhang of the Social Insurance Bureau of Sinan County, Guizhou Province, is a corruption problem. As a financial staff member, Zhang took advantage of his position to fabricate the fact that Wang and other 10 people participated in the social endowment insurance for urban and rural residents in Sinan County, and applied for urban and rural areas on the grounds that Wang and other 10 people participated in other social endowment insurance. Withdrawal of insurance, defrauded social security funds, and at the same time embezzled the repeated pension insurance benefits returned by 89 people such as Yang (including death over-collar), the total amount involved is more than 400,000 yuan. On August 15, 2018, the Sinan County People's Court sentenced Zhang to one year and six months in prison and fined 100000 yuan.

3. Jin Moumou, the former deputy director of the "post-80s" of the Shanghai Jinshan District Economic Committee, has serious violations of discipline and law. From 2016 to 2019, Jin took advantage of his position as deputy mayor of Jinshanwei Town and deputy director of the District Economic Commission to seek benefits for others and accept bribes. In order to help a company make profits in tax refund and avoid punishment for publishing false advertisements, Jin received bribes from Xia, the legal representative of the company, and used the money to buy high-end cars and financial products. In addition to collecting money directly, when Jin was dealing with a company, he also asked the other party to buy furniture and pay for the rental. On May 26, 2020, Jin Moumou was investigated by the Shanghai Jinshan District Supervision Committee. In December of the same year, he was sentenced to ten years in prison and fined 1 million yuan for accepting bribes of more than 5.38 million yuan.

 

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4. The State Administration of Taxation Hangzhou Yuhang District Taxation Bureau stationed in the Yuhang District Citizen Center Yuhang Sub-center Real Estate Transaction Window, the former "post -95" staff member Tian Moumou seriously violated the law. Tian, who will be 25 years old in 2020, took advantage of his position to embezzle 5.95 million yuan of state property between January and December 2019 for luxury consumption, luxury car purchases and online game recharge. At present, his suspected job-related crimes have been transferred to the procuratorial organ for public prosecution, and the property involved has been transferred with the case, and he has just been working for 11 months.

regulatory link]

Excerpts from the Regulations on Disciplinary Actions of the Communist Party of China

Article 27: In the disciplinary review, if a party organization finds that a party member has committed corruption and bribery, abuse of power, dereliction of duty, power rent-seeking, transfer of benefits, malpractice for personal gain, waste of state assets, etc., it shall be removed from the party. Position, stay in the party for probation or expulsion from the party.

Article 29: If a party organization finds that a party member has seriously violated discipline and is suspected of breaking the law and committing a crime during the disciplinary review, in principle, it shall first make a party disciplinary decision, and after giving administrative sanctions in accordance with regulations, it shall be transferred to the relevant state agency for handling in accordance with the law.

Article 40 The economic benefits obtained from disciplinary violations shall be confiscated or ordered to be returned.

For other benefits such as positions, titles, academic qualifications, degrees, awards, qualifications, etc. obtained from violations of discipline, the discipline inspection agency that undertakes the case or the discipline inspection agency at a higher level shall recommend relevant organizations, departments, and units to correct them in accordance with regulations.

 

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Excerpts from the Law on the Compulsory the People's Republic of China of Public Officials

Article 25: The property illegally obtained by public officials and the property used for illegal acts shall be confiscated, recovered or ordered to be refunded by the supervisory authority, except if it should be confiscated, recovered or ordered by other agencies in accordance with the law; it should be returned to the owner or If the original holder is returned, it shall be returned according to law; if it belongs to state property or should not be returned or cannot be returned, it shall be turned over to the state treasury.

The supervisory organ shall recommend the relevant organs, units and organizations to correct the position, rank, rank, post and staff grade, professional title, treatment, qualification, educational background, degree, honor, reward and other benefits obtained by public officials as a result of illegal acts.

Article 33 Anyone who commits any of the following acts shall be given a warning, demerit or serious demerit; if the circumstances are serious, he shall be demoted or removed from office; if the circumstances are serious, he shall be expelled:

(I) corruption and bribery;

(II) take advantage of their functions and powers or the influence of their posts to seek personal gain for themselves or others;

(III) conniving at or acquiescing in a specific related person's use of his or her power or influence for personal gain.

Those who refuse to correct the illegal employment, part-time employment or business activities of a specific related party in accordance with the provisions, and do not obey the post adjustment, shall be dismissed.

Article 39 Anyone who commits any of the following acts, causing adverse consequences or effects, shall be given a warning, recorded a demerit or recorded a major demerit; if the circumstances are serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be dismissed:

(I) abuse of power, endanger the interests of the State, the public interest or infringe upon the legitimate rights and interests of citizens, legal persons or other organizations;

(II) failure to perform or improperly perform their duties, neglect their duties, and delay their work;

Formalism and bureaucracy in (III) work;

those who engage in deceit, mislead or deceive in their (IV) work;

(V) divulge state secrets or work secrets, or divulge business secrets or personal privacy acquired through the performance of duties.

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The above-mentioned typical cases show that some young cadres have distorted values, misplaced views of power and deviated from the course of life in the process of growing up. Some are too much in pursuit of material enjoyment, and their normal income is not enough to engage in power rent-seeking; some have a vulgar interest in life, are contaminated with bad habits, and can only make ends meet; some have an unbalanced mentality in the gap between ideal and reality, and then bow to money; some lack vigilance in the face of "hunting" and lose their positions under the attack of sugar-coated shells. These young cadres embarked on a crooked path when their lives and careers were just starting. They not only caused losses to the party and the country, but also ruined their lives. It is regrettable and worth pondering.

Young cadres should draw profound lessons from typical cases, keep in mind their original mission, strengthen their ideals and beliefs, strengthen the concept of discipline and law, make good use of the "steering wheel" of power, fasten the "safety belt" of honesty, keep a clear head at all times, and firmly guard the political, power, communication, life and family ties, so as to achieve strong faith, strong politics, high ability and hard work style, strive to become a useful and responsible pillar.