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(2021 Guiding Cases No.7No., overall number7No.)
[Keywords]
Private use of public cars; public maintenance of private cars; corruption and misappropriation
[Key points of discipline and law enforcement]
With the deepening of public bus reform，Bus management systems in various places are constantly standardized，The problem of "private use of public vehicles" has been effectively curbed，But the problem of "private cars maintained by the public" has begun to rise。The issue of “public maintenance of private cars” usually involves a small amount of money，But the essence is to turn public into private、The problem of corruption and embezzlement，Different from "Bus for private use"，Has turned from wind to rot。Discipline and law enforcement work，Discipline inspection and supervision agencies must adhere to the main tone of strictness on the one hand，Accurately identify and deal with such issues seriously，To put an end to “corruption on wheels”，On the other hand, we must persist in seeking truth from facts，Carefully distinguish between different situations in practice，Make accurate decisions。
[Basic case details and results]
Shen，Member of the Communist Party of China，Executive Deputy Minister of the Organization Department of a Municipal Party Committee (county level)。December 2018 to August 2020，Shen has received official transportation subsidy，He asked the driver to drive the bus to pick him up to play tennis many times、Transporting his daughter who is studying in college in other provinces to and from school and home。January 2020 to March 2021，Shen took advantage of the loophole that the company’s official fuel card was not bound to the bus，Using the opportunity to carry out official business by driving a public car，Used official fuel cards multiple times to refuel his 2 private sky bet online sports sky bet online casino betting cars，Cumulative spending is 5500 yuan。August 2021，Shen was severely warned by the party and demoted in government affairs，The 5,500 yuan gained from violating disciplines and laws shall be recovered and returned to the Organization Department of the Municipal Party Committee；At the same time，Give him job adjustment。
[Guiding significance]
1.Accurately understand the nature and handling of the problem of "private cars maintained by the public"
In practice，The problem of "private cars maintained by the public" has many manifestations，Such as "Private oil supply to the public", "Private car repair to the public", "Private invoice communiqué", etc.，Each form of expression differentiates into a variety of different methods of violating disciplines and laws。For example, "private oil supply to the public" can be expressed as the convenience of taking advantage of the management and use of public vehicles，Use a business fuel card to fuel your private car，Or reimburse it in the name of the company after refueling，It can also be expressed as paying the gas expenses incurred by the person using his private car to his subordinate unit、Reimbursement, etc.。
"Private use of public vehicles" violates the spirit of the eight central regulations，Should be dealt with in accordance with Article 107 of the "Disciplinary Punishment Regulations of the Communist Party of China" and Article 35 (2) of the "Governmental Punishment Law of the People's Republic of China for Public Employees"。The behavior of "privately maintaining public cars" is no longer a style issue in nature，It is corruption and misappropriation of public funds for one’s own use、Corruption that turns public affairs into private interests。The amount involved in “privately maintained public cars” has not yet reached the standard for criminal prosecution，Article 28 of the "Regulations on Disciplinary Punishment of the Communist Party of China" shall be followed、The provisions of Article 33, Paragraph 1, Item (1) of the "Law of the People's Republic of China on Governmental Sanctions sky bet online casino Sky bet football for Public Employees"，Pursue their disciplinary and supervisory responsibilities；The amount involved has reached the standard for criminal prosecution，Suspected of official crimes，In accordance with Article 27 of the "Regulations on Disciplinary Punishment of the Communist Party of China"、The provisions of Article 33, Paragraph 1, Item (1) of the "Law of the People's Republic of China on Administrative Punishments for Public Employees" shall be held accountable for their disciplinary and supervisory responsibilities at the same time，It should also be transferred to judicial authorities for investigation of criminal responsibility。
2. Accurately identify the problem of "private cars maintained by the public"
The act of “keeping a private car for the public” constitutes a violation of discipline and law and even suspected of a job crime，However, in practice there are still some behaviors that appear to be “private cars maintained by the public”，However, it is not appropriate to identify situations that violate disciplines and laws。For example，In some remote areas or areas with inconvenient transportation，The unit you work for has determined the official transportation subsidy standard based on official travel distance and other factors，Those who use private cars to perform official duties can use official fuel cards to refuel according to the standard；Another example，Although county and township grassroots workers received official transportation subsidies in accordance with regulations，But due to moving to the village, etc., it is beyond the scope of insurance，Relevant units may make appropriate adjustments to official transportation subsidy standards in accordance with regulations，Or establish official transportation subsidy standards according to procedures and calculate and distribute them according to the standards；Zaru，For some major emergency rescue and disaster relief、Unpredictable special matters such as accident handling or emergency incident handling，Temporary use of private cars to carry out official activities，Car expenses incurred Sky bet sports betting APP during this process、Sky bet online sports betting APP download Loss or even damage，According to relevant emergency plans，Provide appropriate compensation and subsidies, etc.。
In addition，Party organizations at all levels must effectively fulfill their main responsibilities，According to the General Office of the CPC Central Committee、The General Office of the State Council's "Guiding Opinions on Comprehensively Promoting the Reform of the Official Vehicle System" (Zhongbanfa [2014] No. 40) and the Central Public Vehicle Reform Leading Group Office's "Notice on Improving Supporting Policies and Continuously Consolidating the Achievements of the Official Vehicle Reform" ( Regulations such as the National Development and Reform Commission [2016] No. 757，Resolve the new situations and new problems in the bus reform in a timely manner based on reality，Organically connect official transportation subsidies and other related policies，Proactively explore various ways to ensure official travel，Especially official travel for county and township grassroots workers。For example，Support local governments to increase the overall proportion of official transportation subsidies，And the overall planning ratio may be considered to have no upper limit，Focus on protecting positions and personnel with heavy travel tasks；Develop relevant management measures in areas with inconvenient transportation，Transportation fees are distributed on a per-time basis based on distance，Wait。At the same time，Discipline inspection and supervision agencies at all levels should take strong supervision measures as a guarantee，On the premise of effectively ensuring official travel，Avoid problems such as distributing benefits in disguise in the name of transportation subsidies。
3. Give full play to the role of organizational processing
Organizational processing is the education of cadres、Essential means for managing cadres，Is an important measure to comprehensively and strictly govern the party。Discipline inspection and supervision agencies are enforcing discipline and law enforcement，Those Sky bet football who believe that the person under review is not suitable sky bet online casino to hold the current position or that it is necessary to deal with the organization first，The corresponding organization shall be dealt with in accordance with the provisions of Article 6 of the "Regulations on the Handling of Sky bet sports betting APP Organizations of the Communist Party of China (Trial)"。In this case，Shen acts as a cadre，Their quality is directly related to whether the selection and appointment of cadres can be fair and decent。Therefore，From the perspective of strengthening the construction of cadres，Organizational handling of Shen’s concurrent position adjustment，To give full play to the warning effect，Strengthen the education of political discipline and political rules for cadres，Ensure that cadres who organize work are absolutely politically reliable、Absolutely loyal to the party，Further conserving the political ecology。
[Related Terms]
"Regulations on Disciplinary Punishments of the Communist Party of China" (August 18, 2018)
Article 27 The party organization discovers that party members have committed corruption and bribery during the disciplinary review、Abuse of power、Neglect of duty、Practice for personal gain、Benefit transfer、Practice for personal gain、Wasting state assets and other violations of laws and suspected criminal acts，Should be revoked from party positions、Retention in the Party under probation or expulsion from the Party。
Article 28: During disciplinary review, the party organization discovers that party members have committed acts stipulated in the criminal law，Although it does not constitute a crime, it must be held accountable by party discipline，Or other illegal activities，Harm the Party、The interests of the country and the people，Should be given a warning or even expulsion from the party depending on the specific circumstances。
Article 107 Equipment in violation of relevant regulations、Purchase、Replace、Decoration、Using official transportation or other violations of official transportation management sky bet online sports betting regulations，To Sky bet football those directly responsible and leadership responsible，The plot is serious，Give a warning or serious warning；Serious circumstances，Given the sanction of removal from party positions or probation。
"Law of the People's Republic of China on Government Punishment of Public Officials" (June 20, 2020)
Article 33, Paragraph 1, Item (1) Who commits any of the following acts，Warn、Demerit or major demerit；The plot is serious，Demoted or dismissed；Serious circumstances，Expelled:
(1) Corruption and bribery.
Article 35 (2) has one of the following acts，The plot is serious，Warn、Demerit or major demerit；Serious circumstances，Demoted or dismissed:
(2) Violation of regulations，At official reception、Business transportation、Conference Events、Office housing and other work and life support are beyond standards、Out of range。
"Regulations on the Organizational Work of the Communist Party of China" (May 22, 2021)
Article 41 Organizational departments should strengthen the awareness of political organs，Take the lead in carrying forward the party’s glorious tradition and fine style，Take the lead in strengthening the “four consciousnesses”、Strong “Four Confidences”、Achieve "two maintenances"，Insist on taking the party’s political construction as the guide，In-depth promotion of strict management、Discipline yourself strictly、Lead the team strictly，Work hard to build and pay attention to politics、Valuing justice、Exquisite business、Model department with good style，Let the Party Central Committee feel at ease、Let party members and cadres be trusted、Satisfy the people。
Strengthen the construction of cadre team，Strengthen education on political discipline and political rules，Strictly observe organizational personnel discipline and confidentiality discipline，Insist on integrity，Strive to improve professional capabilities，Ensuring absolute political reliability、Absolutely loyal to the party。
"Regulations on Handling Sky bet sports betting APP Organizations of the Communist Party of China (Trial)" (March 19, 2021)
Article 6 The party committee (party group) and its sky bet online sports betting organization (personnel) department shall perform organizational and processing duties in accordance with the cadre management authority。
Relevant agencies、The unit is enforcing discipline and law enforcement、During daily management and supervision work, it is discovered that leading cadres have situations that need to be organized and dealt with，Should report to the party committee (party group)，Or make suggestions to the sky bet online sports betting organization (personnel) department。
Article 7, Item (15) (17) Political Performance of Leading Cadres、Perform duties、Work style、Comply with organizational rules、Moral conduct, etc.，Suggestive、Tendency or minor problem，Education through criticism、Order inspection、Admonishment is the Lord，One of the following situations exists and the problem is serious，Should be processed by the organization:
(15) Violation of the spirit of the eight central regulations、Provisions on clean and honest administration；
(17) Other situations that should be handled by the organization.
Article 8 Tissue processing can be used alone，can also be used in combination with party discipline and government affairs sanctions。
""Ten Strict Prohibitions" Disciplinary Requirements for Organizing Cadres" (August 22, 2008)
八、It is strictly prohibited to take advantage of your position for personal gain、Relatives, friends or people with specific relationships seek special care or personal gain。
Organizing cadres who have violated the above disciplinary requirements，If the circumstances are minor, conduct critical education or admonishment talks；If the circumstances are serious, they will be transferred from the organizational department and given party and government disciplinary sanctions in accordance with relevant regulations。
Editor: Wang Yixiao