Article 85 of the current Regulations on Disciplinary Measures of the Communist Party of China is the punishment for disciplinary violations committed by Party members during weddings and funerals. How to correctly understand this content?The following is for reference only。
First, the Central Commission for Discipline Inspection regulations Office answer questions
In this article, the first paragraph of Article 81 of the original Regulations is amended to "take advantage of the convenience of the position" as "take advantage of the power or influence of the position".It is emphasized that in addition to the use of power, the use of the influence formed by the position to handle wedding and funeral matters is also prohibitedTo reflect the requirements of comprehensively and strictly governing the Party。Specifically, this article makes disciplinary provisions for three types of disciplinary violations in Party members' handling of wedding and funeral matters:
1、Use of authority or position to influence conductWeddings and funerals in societyHave a bad effect的。Such behaviorWhether or notBig time, tooWhether or not you receive a giftAs long as the wedding and funeral matters are the use of power or position of party members to affect the operation, such as: the use of human and material resources to manage the service object, and cause adverse effects in society;
2、借操Weddings and funerals之机money-grubbing。Its main form is that the perpetrator collects a large amount of gift money in the handling of wedding and funeral affairs through a large scale or multiple treats.
3, in the handling of wedding and funeral matters, there areOther violationsActs in the interests of the state, the collective and the people。In the event of weddings and funerals,Interference and obstruction of normalProduction, life, work, business, teaching, scientific research, traffic order and other normal order, orHave causedCasualties or other major accidents, etc。
Second, the relevant interpretation of China Discipline Inspection and Supervision Report
Leading cadres do red and white wedding events at home, as subordinates, can they help and greet guests in non-working hours？Follow the local custom, will you？首先，There are no prohibitions for subordinates to "go to help and greet guests" during non-working hours。However, for those who know that leading cadres work hard to handle wedding and funeral celebrations, still "go to help and greet guests", resulting in adverse effects, should be given criticism and education or disciplinary sanctions according to the specific circumstances。Secondly, becauseSubordinates belong to the management objects of leading cadresIf leading cadres receive gifts, gifts or consumption cards from subordinates, that is构成Under article 83, paragraph 1, of the RegulationsViolation of discipline;If subordinates give gifts, gifts or spending cards to leading cadres, in violation of Article 84 of the Regulations, and the circumstances are minor, the Party organization may give criticism and education;If the circumstances are more serious, they shall be dealt with in accordance with the provisions of Article 84。
Third, the practices of relevant provinces
Take Hubei Province as an example，On May 22, 2014, Hubei Provincial Commission for Discipline Inspection formulated the "Measures for the Supervision and Inspection of Party Members and Cadres for Weddings and Funerals".，On June 16, 2015, Hubei Provincial Commission for Discipline Inspection issued the Notice on Further Deepening the Special Rectification Work of Weddings and Funerals.，Party members and cadres at all levels are required to enhance discipline awareness，Strengthen self-restraint，Strictly achieve "eight inaccuracies" :
1. Weddings and funerals, birthday celebrations, study abroad, employment, recruitment, relocation and other matters are not allowed，What really needs to be done must be strictly controlled within the scope of relatives;2, do not use wedding and funeral matters，Accepting gifts and gold gifts from persons other than relatives;(3) It is not allowed to use the convenience of the position and influence the use of public funds, public property and the hotel, restaurant, guest house, canteen of the unit or the unit with business contacts to conduct wedding and funeral affairs;4. It is not allowed to use the official vehicles of the unit, subordinates and interested units to participate in the handling of weddings and funerals;5. It is not allowed to handle wedding and funeral affairs in batches, multiple locations or by "breaking the whole into pieces";6, is not allowed to serve as relatives outside the wedding ceremony, marriage, officiant;7, not allowed to participate in the wedding reception outside relatives, toast and other activities;8. It is not allowed to gather people to gamble, engage in feudal superstitious activities or have other behaviors that interfere with the social management order in the process of handling wedding and funeral affairs。
The above "eight inaccuracies" are also the basis for discipline inspection and supervision departments。
此外，The fifth article of the Hubei Provincial Commission for Discipline Inspection on the supervision and inspection of Party Members and cadres handling wedding and funeral matters has made clear provisions on the reporting system for handling wedding and funeral matters: 1, leading cadres of party members above township (section) level handling wedding and funeral matters should implement the reporting system;2, the content of the report is the relationship between the matter and myself, the time, the place, the scope and scale of the invited objects, and the relevant commitments;3. The report shall be made in triplicate with my signature，They are sent to the Party organization of the unit and the discipline inspection and supervision organ at the same level, and the organization (personnel) department。The principal party and government person in charge of weddings and funerals shall report to the superior discipline inspection and supervision organ and the organization (personnel) department。
Finally, it should be noted thatParty members are prohibited from taking advantage of their power or position to handle weddings and funerals, or taking the opportunity to amassing wealth, or committing other acts that infringe upon the interests of the state, the collective and the people,It's not about banning traditional customs。只要Pay attention to the image of Party members, especially the leading cadres of Party members, and pay attention to the adverse influence that may be caused among the masses,Engage in simple and normal wedding and funeral celebrations, as well as reflect traditional folk customs。
Fourth, how to identify illegal conduct of marriage and funeral behavior
(1) Object of discipline violation:The main object of the violation is the integrity of the duty behavior, and the secondary object of the violation is the social fashion。
(2) Objective aspects of disciplinary violations:This disciplinary violation is objectively manifested as the state civil servants taking advantage of their power or position to handle weddings and funerals, causing adverse effects in society, or taking the opportunity to amassing wealth or other acts that infringe on the interests of the state, the collective and the people。According to the provisions of Article 91 of the Regulations on Disciplinary Measures of the Communist Party of China, violations of discipline in handling wedding and funeral affairs have the following three forms of expression:
1.The use of power or position to influence the handling of weddings and funerals will cause adverse effects in society。Determine the influence of the use of authority or position，It mainly depends on whether the perpetrator uses the property, vehicles and other materials of the unit, its subordinate units and its business contact units，Whether to use human and material resources to manage service objects，Whether to notify or invite the management service object, other people who have the position subordinate relationship with themselves, staff of lower-level units and staff of other units with work contacts to attend the banquet。
2.Use the opportunity to make money。The behavior of taking advantage of money should be considered from two aspects of subjective purpose and objective behavior, so as to achieve the consistent standard of subjective and objective。The subjective purpose of this behavior is to collect money, to manage the wedding and funeral affairs as a means;Objective behavior is generally the use of power or position influence to amass money, such as through large-scale or multiple invitations and other forms, notice, ask others to support。In the practice of discipline enforcement, taking the opportunity to accumulate wealth is mainly judged from the aspects of whether the inviter has management service objects and whether the amount of gift money received exceeds the normal gift exchange。In general, inviting and accepting management service objects significantly beyond the normal gift, can be identified as taking the opportunity to accumulate wealth。However, we can not simply identify the amount of money received as the opportunity to amass wealth, because the opportunity to amass wealth is a qualitative problem, not a quantitative problem。
3.There are other acts against the interests of the State, the collective and the people。In handling wedding and funeral affairs, public and private affairs are not divided, and private affairs harm public affairs，Such as using public funds, buses, public property，Use subordinates to help with the work time，The handling of weddings and funerals interferes with and interferes with normal production, life, work, business, teaching, scientific research, traffic order and other normal order，Directly or indirectly harm the public interest or the legitimate rights and interests of others，Or it may cause casualties or other serious accidents。
(3) Subject of discipline violation:This discipline violation must be based on the use of power or position influence as the premise, from this perspective, the subject of the discipline violation must be a special subject, such as party members and cadres engaged in public service, especially party members and leading cadres。In the practice of discipline enforcement, Party members and cadres in rural, community and other grass-roots organizations can also become the subject of the discipline violation。
(4) Subjective aspects of disciplinary violations:The subjective aspect of this disciplinary violationCan only be intentionalThat is, the perpetrator knows that he is using the influence of his power or position to handle the wedding and funeral affairs, or in the wedding and funeral affairs, taking the opportunity to collect money or violate the interests of the state, the collective and the people, still carry out the above acts。
(5) Use of power:Taking advantage of one's authority is equivalent to taking advantage of one's position in criminal law.，The Summary of the Symposium on the Trial of Economic Crime Cases in National Courts stipulates the use of the convenience of the position，It includes the use of my position in charge of, responsible for, undertake a certain public affairs authority，It also includes the use of the powers of other national staff members whose positions are subordinate or restrictive。A State functionary holding a leading position in a unit who takes advantage of the functions and powers of a state functionary in a subordinate department not under his or her charge shall also be deemed to take advantage of his or her position。
(6) Use of position influence:The 2015 Regulations on Disciplinary Measures of the Communist Party of China amended "taking advantage of official convenience" to "taking advantage of power or official influence", and the 2018 Regulations on Disciplinary Measures of the Communist Party of China used the expression of the 2015 regulations。The use of official influence is equivalent to "taking advantage of the convenience formed by one's power or position" in criminal law.，The Summary of the Symposium on the Trial of Economic Crime Cases of the National Court stipulates the use of the convenient conditions formed by my power or status，It means that there is no subordinate or restrictive relationship between the perpetrator and the state functionary used by him，However, the perpetrator made use of his power or status to produce influence and certain work connections，For example, between the state staff of different departments within the unit, between the state staff of the upper and lower units without functional subordination and restriction relationship, and between the state staff of different units with work links。
(7) Weddings and funerals:Weddings and funerals, yesIt refers to the birth of children, marriage, mourning, birthday celebration, moving to a new house, college and other happy events, funerals。
(8) Causing adverse effects in society:It has a negative impact on society，Generally, it refers to party members and cadres using their power or position influence to handle weddings and funerals，It has a negative impact on society，比如，Do it in a big way，Lavish feasts and extravagance，Show pageantry, compare prestige, build momentum，Or affect the normal order of production and life in the process of operation，Or by the Internet, newspapers and other news media exposure，Or generate widespread negative comments from the local public，It has damaged the image of the Party and state workers as clean and honest。
The Grand operation should take into account the number of participants, the number of processing times, the amount of gift (including single and total), the venue and the dining standard。Among them, if the number of people meets the requirements, it can be defined by whether the total amount of gift meets the requirements;If the total amount of gift meets the provisions, it can be defined by whether a single gift exceeds the prescribed standard。In short, as long as one of the factors violates the rules, it should be regarded as a grand undertaking。Overdoing things and causing adverse effects in society are concepts that are comparative principles and difficult to conduct quantitative analysis.It is necessary to make a comprehensive analysis and judgment with reference to many factors such as local economic development and people's living standards, customs and habits, local conditions at the time, mass reaction and social influence。
Source: Comprehensive from the official website of the Central Commission for Discipline Inspection and State Supervision Commission, China Discipline Inspection and Supervision Report, Discipline law justice, Discipline Law Guidelines, etc。