Editor’s Note:This is a compilation of the “Q&A” column articles from the “China Discipline Inspection and Supervision (formerly China Supervision)” magazine from 2011 to 2017, categorized and updated according to the latest laws and regulations for reference.
China Discipline Inspection and Supervision (formerly China Supervision) Magazine
Compilation of the “Q&A” Column
Co-organized by the Central Commission for Discipline Inspection Legal Office
Table of Contents
I. Supervision Targets
1. How to understand “personnel appointed by administrative agencies in enterprises and public institutions”
2. Can members of the village committee be subject to administrative penalties?
3. What regulations govern the investigation and administrative penalties for supervision targets other than civil servants?
4. How to file a case against former supervision targets who no longer qualify as such?
II. Evidence Rules
5. What issues should be noted when investigating cases of party members engaging in prostitution?
6. How to handle contradictions in the content of interview records?
7. What issues should be noted when accepting disciplinary problem clues transferred from public security, auditing, and other agencies?
III. Behavior Qualification
8. Does a civil servant opening a micro-store constitute a violation?
9. How should party discipline responsibility be pursued for violations of financial discipline?
10. How should violations related to obtaining foreign (or overseas) residency rights be qualified and handled?
11. How to understand the meaning of “lighter treatment” in the context of leniency?
IV. Disciplinary Authority
12. How to understand the authority of cadre management?
13. Should the dismissal of a civil servant be approved by the county committee or county government?
14. How to carry out the disciplinary process for civil servants who have been legally sentenced?
15. How to carry out the dismissal process for staff appointed by administrative agencies?
16. Does the management committee of a national-level new area have administrative penalty authority?
V. Procedural Formalities
17. How to impose party discipline on criminal judgment cases?
18. How to handle the restoration of party rights after the expiration of the probation period?
19. How should the supervisory authority handle the suspension of duties for personnel elected or appointed by the National People’s Congress?
20. How should the Central Commission for Discipline Inspection and the National Supervisory Commission’s stationed institutions conduct preliminary investigations?
VI. Execution of Disciplinary Actions
21. What impact do administrative penalties have on the punished individuals?
22. How should retirement benefits be handled for civil servants pursued for disciplinary responsibility after retirement?
VII. Abolished Sections (No longer included)
1. What administrative actions by supervisory agencies may trigger administrative reconsideration? (2011 Issue 20)
2. How should provincial (district, city) supervisory agencies report on administrative reconsideration and administrative litigation cases to the Ministry of Supervision? (2012 Issue 3)
3. The “Integrity Guidelines” apply to party members in leadership positions. Does this include non-leadership researchers? (2012 Issue 16)
4. Are part-time discipline inspectors, supervisors, and invited personnel involved in case investigations subject to avoidance regulations? (2013 Issue 4)
5. What are the conditions for disciplinary agencies to transfer cases to judicial authorities? (2013 Issue 10)
6. What are the supervision targets of county-level supervisory agencies? (2013 Issue 22)
1
How to understand “personnel appointed by administrative agencies in enterprises and public institutions”
Reader Liu Heng: After the abolition of the “Interim Regulations on Rewards and Punishments for National Administrative Agency Staff” by the State Council, according to the “Notice from the Ministry of Personnel and the Ministry of Supervision on the Implementation of the Disciplinary Regulations for Civil Servants in Administrative Agencies” and the “Notice from the Ministry of Supervision and the Ministry of Human Resources and Social Security on the Implementation of the Disciplinary Regulations for Personnel Appointed by Administrative Agencies in Enterprises,” personnel appointed by administrative agencies in enterprises and public institutions who violate laws and regulations are subject to penalties according to the “Disciplinary Regulations for Civil Servants in Administrative Agencies”.
Questions: 1. Are the personnel appointed by administrative agencies in enterprises and public institutions mentioned in the above two notices considered supervision targets?
2. How should penalties be imposed on personnel appointed by administrative agencies in enterprises and public institutions who violate laws and regulations according to the “Disciplinary Regulations for Civil Servants in Administrative Agencies”?
“China Supervision” 2011 Issue 6
Comrade Liu Heng:
The supervision target refers to the organizations and individuals that the supervisory agency supervises according to laws and administrative regulations. According to Article 2 of the “Administrative Supervision Law of the People’s Republic of China” and Article 2 of the “Implementation Regulations of the Administrative Supervision Law of the People’s Republic of China,” the supervision targets of supervisory agencies include four parts: 1. National administrative agencies and their civil servants; 2. Other personnel appointed by national administrative agencies; 3. Organizations authorized by laws and regulations to manage public affairs and their staff other than labor personnel; 4. Organizations entrusted by national administrative agencies and their staff other than labor personnel. (Note: Article 15 of the “Supervision Law” stipulates that supervisory agencies supervise the following public officials and relevant personnel: (1) Civil servants of the Communist Party of China, the People’s Congress and its Standing Committee, the People’s Government, the Supervisory Committee, the People’s Courts, the People’s Procuratorates, and the Chinese People’s Political Consultative Conference at all levels, as well as personnel managed according to the “Civil Servant Law of the People’s Republic of China”; (2) Personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by national agencies; (3) Management personnel of state-owned enterprises; (4) Management personnel in public education, research, culture, health, and sports units; (5) Management personnel in grassroots mass autonomous organizations; (6) Other personnel performing public duties according to law.)
Among them, “personnel appointed by administrative agencies in enterprises and public institutions” refers to personnel appointed by national administrative agencies in enterprises, public institutions, and social organizations through entrustment, dispatch, etc. The personnel appointed by administrative agencies in enterprises and public institutions mentioned in the above two notices are considered supervision targets.
When imposing penalties on personnel appointed by administrative agencies in enterprises and public institutions, the relevant provisions of the “Disciplinary Regulations for Civil Servants in Administrative Agencies” should be followed, and the following points should be noted: First, the illegal and disciplinary behavior for which penalties are imposed must reach the level that warrants penalties. Second, the personnel subject to penalties are not civil servants of administrative agencies but personnel appointed by administrative agencies in enterprises and public institutions. Third, penalties must be imposed according to the most similar provisions of the “Disciplinary Regulations for Civil Servants in Administrative Agencies”, meaning that the illegal and disciplinary behavior for which penalties are imposed must have the same subject, object, subjective aspect, and objective aspect as the provisions of a certain clause in the “Disciplinary Regulations for Civil Servants in Administrative Agencies”. (Note: After July 1, 2020, penalties for personnel appointed by administrative agencies in enterprises and public institutions are subject to the “Administrative Penalty Law.”)
2
Can members of the village committee be subject to administrative penalties?
Reader Xia Xiang: According to Article 50 of the Administrative Supervision Law and Article 12 of the “Several Provisions on the Clean Performance of Duties by Rural Grassroots Cadres (Trial)” (Zhongbanfa [2011] No. 21), the discipline inspection and supervision agency has the right to investigate the disciplinary and illegal issues of village committee members. If it is verified that they constitute disciplinary violations, can administrative penalties such as warnings, demerits, major demerits, demotion, dismissal, or expulsion be imposed?
“China Discipline Inspection and Supervision” 2014 Issue 24
Comrade Xia Xiang:
The discipline inspection and supervision agency has the right to investigate the disciplinary and illegal issues of village committee members, which naturally implies the right to make handling suggestions, but it does not mean that it can make decisions on administrative penalties for village committee members(Note: According to Article 15, Item (5) of the “Supervision Law”, personnel engaged in management in grassroots mass autonomous organizations are supervision targets). When village committee members are investigated as supervision targets, the supervisory agency can legally propose supervisory suggestions to the township government, which should be adopted without justifiable reasons; in other cases, the discipline inspection and supervision agency can propose handling suggestions to the county (city, district, banner) or township party committee and government.
Given that the village committee is a grassroots mass autonomous organization, village committee members are not subject to administrative penalties, and the discipline inspection and supervision agency cannot make decisions on penalties such as warnings, demerits, major demerits, demotion, dismissal, or expulsion(Note: According to Article 22, Paragraph 1 of the “Administrative Penalty Law”, “Personnel engaged in management in grassroots mass autonomous organizations who have illegal behavior may be given warnings, demerits, or major demerits,” but it does not stipulate that demotion, dismissal, or expulsion can be imposed. For public officials who do not apply to the heavy penalties of the Administrative Penalty Law, they may not be given administrative penalties, but rather handled according to the “Administrative Penalty Law” and the “Several Provisions on the Clean Performance of Duties by Rural Grassroots Cadres (Trial)” by reducing salary, transferring positions, terminating personnel or labor relations, ordering resignation, or legally removing them.), but they can be suggested to relevant agencies and departments to give them warning talks, order public reviews, public criticism, or cancel their election qualifications, or order them to resign. If they refuse to resign, they can be legally removed; those who have received the aforementioned handling can have their performance bonuses (salary) reduced or deducted by the county (city, district, banner) or township party committee and government according to regulations.
In addition, for the illegal income of village committee members, the discipline inspection and supervision agency can directly make decisions on confiscation, recovery, or ordering restitution according to Article 23 of the “Several Provisions on the Clean Performance of Duties by Rural Grassroots Cadres (Trial)”. In cases where they are investigated as supervision targets, corresponding supervisory decisions can be made; in other cases, it is generally advisable for the discipline inspection agency to make handling decisions.
3
What regulations govern the investigation and administrative penalties for supervision targets who are not civil servants?
Question: What regulations govern the investigation and administrative penalties for supervision targets who are not civil servants for violations of administrative discipline?
“China Discipline Inspection and Supervision” 2015 Issue 6
Answer: According to the “Administrative Supervision Law of the People’s Republic of China”, the “Implementation Regulations of the Administrative Supervision Law of the People’s Republic of China” (now abolished), and the “Interim Provisions on Penalties for Staff in Public Institutions”, the supervisory agency investigates and imposes administrative penalties on supervision targets who are not civil servants for violations of administrative discipline mainly in the following situations:
1. For staff in public institutions authorized by laws and regulations to manage public affairs and approved to be managed according to the “Civil Servant Law of the People’s Republic of China”, the supervisory agency investigates according to the “Administrative Supervision Law of the People’s Republic of China” and imposes administrative penalties according to the relevant provisions of the “Disciplinary Regulations for Civil Servants in Administrative Agencies”.
2. For staff in public institutions authorized by laws and regulations to manage public affairs who are not managed according to the “Civil Servant Law of the People’s Republic of China”, personnel appointed by administrative agencies in public institutions, and staff in public institutions entrusted by national administrative agencies to engage in public affairs management activities, the supervisory agency investigates according to the “Administrative Supervision Law of the People’s Republic of China” and applies the “Interim Provisions on Penalties for Staff in Public Institutions” to impose administrative penalties.
3. For personnel appointed by administrative agencies in enterprises, the supervisory agency investigates according to the “Administrative Supervision Law of the People’s Republic of China” and imposes administrative penalties according to the relevant provisions of the “Disciplinary Regulations for Civil Servants in Administrative Agencies”.
(Note: After the reform of the supervisory system, the supervisory agency investigates supervision targets who are not civil servants according to the “Supervision Law” and the “Implementation Regulations of the Supervision Law”, and imposes administrative penalties according to the “Administrative Penalty Law”.)
4
How to file a case against former supervision targets who no longer qualify as such?
Reader Zhao Liming: How to file a case against former supervision targets who no longer qualify as such?
“China Supervision” 2013 Issue 21
Comrade Zhao Liming:
For such personnel, filing a case and handling it can be divided into three situations:
First, if a former supervision target has retired and no longer qualifies as a supervision target, the disciplinary behavior committed during the period of being a supervision target can be investigated by the supervisory agency, and after the investigation, it should be handled according to the relevant provisions of the “Notice on the Treatment of Salary and Benefits for Civil Servants Subject to Disciplinary Action”.(Note: According to Article 27 of the “Administrative Penalty Law”, if a supervision target has illegal behavior before or after retirement, no administrative penalties will be imposed, but a case can be filed for investigation; if demotion, dismissal, or expulsion is required by law, the corresponding treatment should be adjusted according to regulations, and the illegally obtained property and property used for illegal activities should be handled according to Article 25 of the “Administrative Penalty Law”.)
Second, if a former supervision target has been transferred to the National People’s Congress, government, People’s Court, People’s Procuratorate, enterprises, public institutions, or other units and no longer qualifies as a supervision target, the disciplinary behavior committed during the period of being a supervision target can be investigated by the supervisory agency, and after the investigation, it should be handled according to the “Civil Servant Law of the People’s Republic of China”, the “Procedures and Document Formats for Handling the Seven Types of Cases by Discipline Inspection and Supervision Agencies” and the relevant regulations of the unit where the person is currently located. (This part is no longer applicable.)
Third, if a former supervision target has resigned from public office, the supervisory agency cannot file a case against the disciplinary behavior committed during the period of being a supervision target. The verified disciplinary and illegal issues, clues, etc., can be transferred to judicial or administrative law enforcement agencies for handling according to law. (Note: (1) Personnel who are not within the scope of supervision targets cannot be subjected to administrative penalties; if there are illegal gains, decisions on confiscation, recovery, or ordering restitution can be made according to supervisory decisions. (2) If suspected of job-related crimes, the supervisory agency can file a case for investigation and transfer it to the procuratorial agency for review and prosecution. (3) If suspected of other criminal offenses, the supervisory agency can transfer the problem clues to the public security agency for handling according to law. If job-related crimes are also suspected, the supervisory agency can take the lead in the investigation, with the public security agency assisting.)
5
What issues should be noted when investigating cases of party members engaging in prostitution?
Reader Zhao Yongzhong: What issues should be noted when investigating cases of party members engaging in prostitution?
“China Supervision” 2013 Issue 19
Comrade Zhao Yongzhong:
Engaging in prostitution is an act that disrupts social management order, and such cases are specifically under the jurisdiction of public security agencies. During the handling of such cases, the discipline inspection and supervision agency should strengthen communication with public security agencies, and if there are differences in opinions, they should communicate and negotiate in a timely manner to handle the situation appropriately. Specifically, the following issues should be noted:
First, for cases where public security agencies classify the act as prostitution and make administrative penalty decisions before transferring them to the discipline inspection and supervision agency for pursuing party discipline and administrative responsibility, the discipline inspection and supervision agency should review the administrative penalty decision documents, relevant evidence materials, or related materials that reflect the evidence status of the case (such as evidence directories, case identification reports, etc.) transferred by public security agencies. Among them, if there are no objections after review, the discipline inspection and supervision agency should handle it according to relevant regulations; if the materials identifying prostitution do not meet the proof standards specified in the “Specific Provisions on Collecting, Identifying, and Using Evidence in Handling Party Member Disciplinary Cases”, the discipline inspection and supervision agency should request public security agencies to supplement the materials. If necessary, the discipline inspection and supervision agency can also conduct direct supplementary investigations. If, after the above work, the proof standards are still not met, the case cannot be classified as prostitution.
If the punished person disagrees with the administrative penalty decision made by public security agencies regarding prostitution and files for administrative reconsideration or administrative litigation, the discipline inspection and supervision agency should handle it only after the public security agency or the people’s court has made a valid decision or ruling.
Second, if the discipline inspection and supervision agency discovers that party members or supervision targets are suspected of engaging in prostitution during the investigation of cases, they should seek opinions from public security agencies at or above the county level before making a determination. If public security agencies believe it constitutes prostitution, the discipline inspection and supervision agency should confirm it after review; if administrative penalties are required, the relevant case materials should also be transferred to public security agencies for handling; if public security agencies believe it does not constitute prostitution and have sufficient reasons, the discipline inspection and supervision agency should respect their opinion.
Third, if the discipline inspection and supervision agency discovers that individuals involved in prostitution are also party members or supervision targets during the investigation of prostitution cases, appropriate party discipline and administrative penalties should be imposed on them. For other individuals involved in prostitution, the clues should be transferred to public security agencies for handling according to law.
6
How to handle contradictions in the content of interview records?
Reader Xiao Zhao: How to handle contradictions in the content of interview records?
“China Supervision” 2011 Issue 19
Comrade Xiao Zhao:
When contradictions arise in the content of interview records, they should be handled according to different situations:
If contradictions occur in the same interview regarding the same matter, the interviewee should be asked to confirm which statement is accurate and provide a reasonable explanation for the contradictions. This process should be truthfully recorded in the same interview record.
If the same interviewee has contradictions in the content of interviews regarding the same matter in different sessions, they should be re-interviewed to clarify the issues, and a new interview record should be created, clearly stating the final factual situation, and requiring the interviewee to specify which interview content should be considered accurate, along with a reasonable explanation for the contradictions in previous records. The original interview records should not be returned or destroyed, but should be included in the case file along with the new record.
7
What issues should be noted when accepting disciplinary problem clues transferred from public security, auditing, and other agencies?
Reader Li Yuefang: What issues should be noted when accepting disciplinary problem clues transferred from public security, auditing, and other agencies?
“China Discipline Inspection and Supervision” 2014 Issue 17
Comrade Li Yuefang:
When accepting clues about suspected disciplinary problems transferred from public security, auditing, and other agencies, the following issues should be noted:
1. For clues about suspected disciplinary problems involving party members and supervision targets transferred from public security, auditing, and other agencies, the case inspection department should extract relevant materials and handle the filing procedures, investigating and verifying according to relevant regulations.
2. For written evidence, physical evidence, and self-written materials transferred from public security and auditing agencies, after review by the case handling agency and noting the source of the evidence materials, they can be used as evidence; for interview records collected and transferred by public security agencies in accordance with their duties, they can be used as evidence after verification; for interview records transferred from auditing agencies, the case inspection department should re-interview to collect evidence; for property involved in the case transferred from public security and auditing agencies, the case inspection department should promptly handle the temporary seizure and sealing procedures according to regulations.
(Note: According to the “Opinions on Strengthening and Improving the Mechanism for the Connection Between Supervisory Law Enforcement and Criminal Justice (Trial)”, various evidence materials transferred along with cases by supervisory agencies, people’s procuratorates, and public security agencies can be used as evidence in criminal proceedings if they meet legal requirements after review. The agency with jurisdiction should generally interrogate the investigated person (suspected criminal), question important witnesses, and further supplement and improve evidence as needed.)
8
Does a civil servant opening a micro-store constitute a violation?
Chen Xigang, Zhu Hongjiang: Recently, we have found that with the popularity of WeChat, opening micro-stores has become a trend, and many public officials have also joined in. Regarding the behavior of civil servants opening micro-stores, grassroots discipline inspection and supervision agencies have expressed two opinions on how to qualify and handle it: one believes that Article 53, Item 14 of the “Civil Servant Law” clearly states: “Civil servants shall not engage in the following behaviors… engage in or participate in profit-making activities,” therefore, civil servants opening micro-stores constitutes a violation. The other believes that civil servants using WeChat to open micro-stores aligns with the national policy direction of mass entrepreneurship and grassroots entrepreneurship, and since online micro-stores do not require real-name registration, as long as the online sales do not occupy work time or affect public duties, it should not be considered a violation and does not conflict with the relevant provisions of the “Civil Servant Law”. We would like to inquire whether such behavior constitutes a violation?
“China Discipline Inspection and Supervision” 2015 Issue 12
Comrades Chen Xigang and Zhu Hongjiang:
To ensure that civil servants better fulfill their responsibilities and perform their duties, while preventing enterprises from using state power for profit-making activities and preventing civil servants from obtaining illegal income through their positions, thus maintaining the integrity of civil servants, Article 53, Item 14 of the 2005 “Civil Servant Law” clearly states: Civil servants shall not “engage in or participate in profit-making activities, or hold positions in enterprises or other profit-making organizations”. (Note: Article 59, Item 16 of the 2018 “Civil Servant Law” clearly states: Civil servants shall not “engage in or participate in profit-making activities in violation of relevant regulations, or hold positions in enterprises or other profit-making organizations”.)The “Disciplinary Regulations for Civil Servants in Administrative Agencies” Article 27 further stipulates: “Engaging in or participating in profit-making activities, or holding positions in enterprises or other profit-making organizations, shall result in a demerit or major demerit; for serious cases, demotion or dismissal shall be imposed; for extremely serious cases, expulsion shall be imposed.” (Note: Article 36 of the “Administrative Penalty Law” states: “Violating regulations to engage in or participate in profit-making activities, or violating regulations to hold positions or receive remuneration, shall result in a warning, demerit, or major demerit; for serious cases, demotion or dismissal; for extremely serious cases, expulsion.”)
Therefore, civil servants are not allowed to engage in traditional business activities or profit-making activities, nor are they allowed to use the internet or other platforms to engage in commercial activities, otherwise they will be held accountable for disciplinary violations. In specific handling, it is important to accurately grasp the policy boundaries of right and wrong, where civil servants using the internet or other platforms to sell used goods for personal use and other non-commercial activities should generally not be treated as violations, but if civil servants engage in such activities during work hours or using office facilities, and the circumstances are serious, they can be handled seriously for violating work discipline.
9
How should party discipline responsibility be pursued for violations of financial discipline?
Question: The newly revised “Party Discipline Penalty Regulations” (hereinafter referred to as the new “Regulations”) deleted the relevant provisions on violations of financial discipline from the 2003 “Regulations”. How should party discipline responsibility be pursued for such violations occurring after January 1, 2016?
“China Discipline Inspection and Supervision” 2017 Issue 5
Answer: Considering that violations of financial discipline in the 2003 “Regulations” belong to violations of national laws and regulations such as the “Accounting Law” and the “Budget Law”, according to the principle of separation of discipline and law, the 2015 “Regulations” do not repeat these provisions. After January 1, 2016, if party members or party organizations engage in such behavior, they can be held accountable for party discipline according to Article 29, Paragraph 1 of the 2015 “Regulations” (Article 28 of the 2018 “Regulations”). However, if criminal offenses are suspected, they should be held accountable according to Article 27 of the “Regulations”; if they do not involve crimes but have corresponding provisions in the new “Regulations”, they should be held accountable according to those provisions. For example, if a party member conceals or intentionally destroys accounting vouchers, accounting books, or financial accounting reports that should be kept, and the circumstances are serious enough to meet the standards for criminal prosecution, they should be held accountable according to Article 27; if they do not meet the standards for criminal prosecution, they should be held accountable according to Article 29, Paragraph 1. Similarly, if a party leader intervenes in and interferes with the allocation of public financial funds, causing significant losses or adverse effects, if criminal offenses are suspected, they should be held accountable according to Article 27; if not involving crimes, they should be held accountable according to Article 119, Paragraph 2 (Article 126 of the 2018 “Regulations” on violations of work discipline).
When determining the level of punishment, relevant laws and regulations regarding administrative disciplinary responsibility for such behavior should be considered. For example, if a state agency violates regulations to provide guarantees for others’ debts, according to Article 94 of the “Budget Law”, the directly responsible supervisors and other directly responsible personnel should be administratively dismissed or expelled, and correspondingly, in terms of party discipline, they should be given a punishment of revoking party positions or higher.
It should be noted that for violations of financial discipline discovered during disciplinary review that occurred before January 1, 2016, according to Article 133, Paragraph 2 of the 2015 “Regulations” (Article 142, Paragraph 2 of the 2018 “Regulations”), party discipline responsibility should still be pursued according to the provisions or policies in effect at the time of the behavior(Note: Violations that occurred before January 1, 2016, are generally still subject to the old regulations, but in terms of classification and description of violations, they should not apply the old regulations, but should be classified and described according to the six major disciplines stipulated in the new regulations).
10
How should violations related to obtaining foreign (or overseas) residency rights be qualified and handled?
Reader Li Mingli: How should the behavior of obtaining foreign (or overseas) permanent residency rights without organizational approval be qualified and handled in terms of party discipline and administrative discipline?
“China Supervision” 2012 Issue 12
Comrade Li Mingli:
Permanent residency rights refer to the rights and qualifications of individuals to reside permanently in a certain country. Individuals with permanent residency rights are called permanent residents. According to the laws of various countries, permanent residents have rights roughly equivalent to those of citizens and can be converted into citizenship under certain conditions. Obtaining foreign (or overseas) permanent residency rights does not mean losing Chinese nationality.
Current party discipline and administrative discipline regulations both stipulate the behavior of obtaining foreign (or overseas) permanent residency rights without approval.
From the perspective of party discipline, the “Disciplinary Regulations for the Communist Party of China” (Note: According to Article 81 of the 2018 “Regulations”,violating relevant regulations to obtain foreign nationality or obtain foreign (or overseas) permanent residency qualifications or long-term residency permits shall result in revocation of party positions, probation, or expulsion from the party.) do not prohibit ordinary party members without public office from obtaining foreign (or overseas) permanent residency rights, so such behavior should not be simply regarded as a violation. However, county-level and above party leaders, as public officials in higher positions, are different from ordinary party members, and party regulations specifically stipulate the behavior of party leaders obtaining foreign (or overseas) permanent residency rights without organizational approval.
The “Opinions on Strengthening the Management of County (Department) Level and Above Leaders of Party and Government Agencies Going Abroad” (Zhongbanfa [1999] No. 23) stipulates that “for county-level and above leaders who obtain foreign (or overseas) permanent residency rights without organizational approval, they should be recalled immediately upon discovery and subjected to party discipline and administrative penalties.” (According to the “Notice on Further Strengthening the Management of Party Members and Cadres Going Abroad” issued in December 2004, party leaders must apply for residency abroad only after resigning from their current positions or completing retirement procedures and after a specified period.)
From the perspective of administrative discipline, according to Article 18 of the “Disciplinary Regulations for Civil Servants in Administrative Agencies”, “Those who obtain foreign permanent residency qualifications without approval shall be given a major demerit; for serious cases, demotion or dismissal; for extremely serious cases, expulsion.” For civil servants and personnel appointed by administrative agencies who obtain foreign (or overseas) permanent residency rights without approval, the behavior should be treated according to the circumstances and corresponding administrative penalties should be imposed. (According to Article 31, Paragraph 2 of the “Administrative Penalty Law”, violating regulations to obtain foreign nationality or obtain foreign (or overseas) permanent residency qualifications or long-term residency permits shall result in dismissal or expulsion.)
11
How to understand the meaning of “lighter treatment” in the context of leniency in the old regulations?
Question: How should the phrase “if this regulation does not consider it a violation or is treated lightly” in Article 133, Paragraph 2 of the 2015 “Disciplinary Regulations for the Communist Party of China” (Article 142, Paragraph 2 of the 2018 “Regulations”) be understood?
“China Discipline Inspection and Supervision” 2017 Issue 5
The term “lighter treatment” refers to the level of punishment for a certain type of disciplinary behavior being lighter than the punishment level stipulated in the regulations or policies at that time (such as the 2003 “Disciplinary Regulations” or the 1997 “Trial Disciplinary Regulations”). The lighter punishment level mainly refers to the highest punishment level; if the highest punishment levels are the same, it refers to the lowest punishment level being lighter.
For example, if a party leader has long used public funds to rent high-end hotel rooms for personal use before January 1, 2016, and this behavior is discovered by the organization after January 1, 2016, the disciplinary behavior is governed by the 2003 “Disciplinary Regulations” Article 78, which states: “Wasting public property, if any of the following behaviors occur, a warning or serious warning shall be given for minor circumstances; for serious circumstances, dismissal from party positions or probation shall be given; for extremely serious circumstances, expulsion from the party.” The 2015 “Disciplinary Regulations” Article 102 states: “Violating office space management regulations, if any of the following behaviors occur, a warning or serious warning shall be given for serious circumstances; for extremely serious circumstances, dismissal from party positions shall be given.” Comparing the two, it is clear that the punishment level stipulated in the 2015 “Disciplinary Regulations” is lighter, so this disciplinary behavior should be handled according to Article 102 of the 2015 “Disciplinary Regulations”.
12
How to understand the authority of cadre management?
Reader Zhang Kuan: Wang, who once served as the deputy governor of a province, was later transferred to be the deputy general manager of a central enterprise (appointed by the State-owned Assets Supervision and Administration Commission). After an organizational investigation, it was found that Wang had committed disciplinary violations during his tenure as deputy general manager of the enterprise, and he needs to be subjected to administrative penalties. Should the administrative penalty approval process for Wang be based on the identification of central management cadres or on the identification of cadres managed by the State-owned Assets Supervision and Administration Commission?
“China Supervision” 2013 Issue 2
Comrade Zhang Kuan:
According to the “Notice on the Establishment of the Party Committee of the State-owned Assets Supervision and Administration Commission” (Zhongfa [2003] No. 6),
the Party Committee (leading group) secretaries, chairmen, and general managers (presidents) of central enterprises are managed by the central government, while the deputy positions of central enterprises are managed by the Party Committee of the State-owned Assets Supervision and Administration Commission.Based on this regulation and after consulting the relevant departments of the Central Organization Department and the State-owned Assets Supervision and Administration Commission, although Wang once served as deputy governor, his current position as deputy general manager of a central enterprise is appointed by the State-owned Assets Supervision and Administration Commission, sohis current identity is that of a cadre managed by the Party Committee of the State-owned Assets Supervision and Administration Commission, not a central management cadre. In the administrative penalty approval process for Wang, his identity should be recognized as a cadre managed by the Party Committee of the State-owned Assets Supervision and Administration Commission, meaning that the State-owned Assets Supervision and Administration Commission has the authority to approve administrative penalties for Wang.
13
Should the dismissal of a civil servant be approved by the county committee or county government?
Reader Qian Zun: Zhong, who started working in July 2001, is a civil servant and serves as the Party Secretary of a certain town’s neighborhood committee (appointed by the town party committee, a staff member supported by the government). He was sentenced to five years in prison for embezzlement. According to regulations, should the dismissal of a civil servant from an administrative agency be approved by the county government, but Zhong, as the Party Secretary of the neighborhood committee, holds a party position. Should the dismissal of Zhong, who is also the Party Secretary of the neighborhood committee, be approved by the county committee or the county government?
“China Discipline Inspection and Supervision” 2015 Issue 5
Comrade Qian Zun:
According to Article 24 of the “Implementation Regulations of the Administrative Supervision Law” (now abolished) and the “Notice on Issues Related to the Disciplinary Punishment of Civil Servants” issued by the Central Commission for Discipline Inspection, the Ministry of Human Resources and Social Security, the Ministry of Supervision, and the National Civil Service Bureau, the dismissal of civil servants at the county level and below should be approved by the county-level Party committee or government according to management authority. Among them, civil servants in administrative agencies or those included in the government sequence managed according to the Civil Servant Law should be approved by the county-level government; civil servants in Party agencies, People’s Congress agencies, and other categories or those not included in the government sequence managed according to the Civil Servant Law should be approved by the county-level Party committee.
It should be noted that according to the “Notice on Issues Related to the Treatment of Civil Servants Subject to Disciplinary Action” issued by the Central Commission for Discipline Inspection, the Ministry of Human Resources and Social Security, the Ministry of Supervision, and the National Civil Service Bureau, if a civil servant is subjected to criminal punishment, and the decision-making agency has not yet made a dismissal decision, their salary treatment should be canceled from the date the court’s judgment takes effect.
In the letter mentioned, Zhong has been sentenced to five years in prison. Regardless of which category of civil servant he belongs to, according to the regulations of the Central Commission for Discipline Inspection, the Ministry of Human Resources and Social Security, the Ministry of Supervision, and the National Civil Service Bureau, he should be dismissed. The specific approval should be based on cadre personnel management authority, regardless of his position as Party Secretary of the neighborhood committee.
(Note: According to Article 44 of the “Administrative Penalty Law”, if there are indeed illegal behaviors that should be subject to administrative penalties, the supervisory agency shall make a decision on administrative penalties after following the prescribed approval procedures according to the severity of the circumstances. The “authority for administrative penalty decisions” refers to cadre management authority. Administrative penalty decisions that do not require approval are made by the supervisory agency with jurisdiction; those that require approval are made after approval by the approving agency.)
Before the establishment of the supervisory commission, dismissals of cadre-level personnel should be approved by the county committee; dismissals of civil servants below cadre level should be approved by the county supervisory bureau and reported to the county committee or county government for approval. After the reform of the supervisory system, for cadre-level personnel managed by the county committee, dismissals should still be approved by the county committee; for civil servants below cadre level, the county supervisory commission has the authority to directly make decisions on administrative dismissals without needing to seek approval from the county committee or county government.
14
How to carry out the disciplinary process for civil servants who have been legally sentenced?
Reader Xiao Wang: According to Article 17, Paragraph 2 of the “Disciplinary Regulations for Civil Servants in Administrative Agencies”, “Civil servants who have been legally sentenced shall be dismissed.” In practice, how should the dismissal process for civil servants who have been legally sentenced be carried out?
“China Discipline Inspection and Supervision” 2014 Issue 20
Comrade Xiao Wang:
According to Article 57 of the 2005 “Civil Servant Law” (Article 63 of the 2018 “Civil Servant Law”) and Article 34 of the “Disciplinary Regulations for Civil Servants in Administrative Agencies”, the dismissal of civil servants in administrative agencies should be decided by the appointing agency or supervisory agency according to personnel management authority and prescribed procedures.
Among them, the supervisory agency should handle it according to the provisions of the Administrative Supervision Law and its implementation regulations; the appointing agency should handle it according to Chapter 4 “Authority of Disciplinary Actions” and Chapter 5 “Procedures for Disciplinary Actions” of the “Disciplinary Regulations for Civil Servants in Administrative Agencies”. If the civil servant who has been legally sentenced is a leader elected or appointed by the People’s Congress at all levels, the relevant procedures should be followed to propose to the People’s Congress or its Standing Committee to remove them from office before issuing the disciplinary decision.
It should be noted that the “Notice on Issues Related to the Treatment of Civil Servants Subject to Disciplinary Action” (Ministry of Human Resources and Social Security [2010] No. 104) clearly states that “if a civil servant is subjected to criminal punishment, and the decision-making agency has not yet made a dismissal decision, their salary treatment should be canceled from the date the court’s judgment takes effect.”
In addition, according to the “Implementation Regulations of the Administrative Supervision Law” (now abolished) and the “Notice on Issues Related to the Disciplinary Punishment of Civil Servants” (Ministry of Human Resources and Social Security [2010] No. 59), civil servants at the county level and below (including county government supervisory agencies) should have their dismissals approved according to management authority.
(Note: After the reform of the supervisory system, for cadre-level personnel managed by the county committee, dismissals should be approved by the county committee; for civil servants below cadre level, the county supervisory commission has the authority to directly make decisions on administrative dismissals.)
15
How to carry out the dismissal process for staff appointed by administrative agencies?
Reader Xiao Wang: In practice, how should the dismissal process for staff appointed by administrative agencies who have been legally sentenced be carried out?
“China Discipline Inspection and Supervision” 2014 Issue 22
Comrade Xiao Wang:
According to Article 2 and Article 23 of the “Interim Provisions on Penalties for Staff in Public Institutions”, the dismissal of staff appointed by administrative agencies in public institutions can be decided by the supervisory agency or the competent department of the public institution according to the subordinate relationship and personnel management authority; for staff in central and local directly affiliated public institutions appointed by administrative agencies, the corresponding administrative agency can make the decision.
Among them, the supervisory agency should handle it according to the provisions of the Administrative Supervision Law and its implementation regulations; the competent department of the public institution or the corresponding administrative agency should handle it according to Chapter 4 “Authority and Procedures for Disciplinary Actions” of the “Interim Provisions on Penalties for Staff in Public Institutions”; if the competent department of the public institution makes the dismissal decision, it should also be reported to the personnel management department of the same level for record-keeping.
(Note: The “Disciplinary Regulations for Civil Servants in Administrative Agencies” issued in 2007 states: “For staff in public institutions authorized by laws and regulations to manage public affairs and approved to be managed according to the Civil Servant Law, disciplinary actions should be handled according to the relevant provisions of this regulation.” The “Interim Provisions on Penalties for Staff in Public Institutions” issued in 2012 applies to all staff in public institutions other than those managed according to the Civil Servant Law. The “Supervision Law” issued in 2018 includes management personnel in public institutions as supervision targets, and the “Administrative Penalty Law” issued in 2020 stipulates penalties for management personnel in public institutions. In November 2023, the revised “Provisions on Penalties for Staff in Public Institutions” was issued, which stipulates penalties for other personnel in public institutions.)
It should be noted that the “Notice on Issues Related to the Treatment of Civil Servants and Workers in Public Institutions Subject to Disciplinary Action” (Ministry of Human Resources and Social Security [2012] No. 69) clearly states: “If staff appointed by administrative agencies in public institutions are subjected to criminal punishment, and the decision-making agency has not yet made a dismissal decision, their salary treatment should be canceled from the date the court’s judgment takes effect.”
16
Does the management committee of a national-level new area have administrative penalty authority?
In January 2014, the State Council approved the establishment of New Area B in Province A, which has a Party Working Committee and a Management Committee, and is a regular department-level institution dispatched by the provincial party committee and provincial government. According to the management system plan for New Area B issued by the provincial party committee and provincial government, the Party Working Committee and Management Committee of New Area B “exercise municipal-level economic and social affairs management authority”. The supervisory bureau of New Area B is an institution dispatched by the provincial supervisory department, and works in conjunction with the provincial discipline inspection committee’s working committee in New Area B. According to the approval of the provincial organization department, the discipline inspection committee and supervisory bureau of New Area B are responsible for “investigating and handling cases of party members and administrative supervision targets violating party discipline and administrative discipline within the jurisdiction of the directly managed area”.
“China Discipline Inspection and Supervision” 2016 Issue 4
Question: According to the provisions of the “Administrative Supervision Law” (now abolished), should administrative penalties approved by the people’s government be approved by the Management Committee of New Area B?
Answer: According to the “Disciplinary Regulations for Civil Servants in Administrative Agencies” and other relevant provisions, the Management Committee of New Area B, as the appointing agency, has administrative penalty authority over the cadres it manages. At the same time, according to the management system plan for New Area B, the supervisory bureau of New Area B is under the dual leadership of the provincial supervisory department and the Management Committee of New Area B, therefore, the administrative penalty opinions proposed by the supervisory bureau can be submitted to the Management Committee of New Area B for approval.
Question: The main leaders of the working departments of New Area B are not personnel elected or appointed by the People’s Congress and how should the approval process for dismissals above the level of removal be carried out?
Answer: Considering that the above personnel are not elected or appointed by the People’s Congress, the disciplinary procedures for these personnel do not apply to the provisions of Article 24, Item (1) of the “Implementation Regulations of the Administrative Supervision Law” and can be decided according to Article 34 of the “Disciplinary Regulations for Civil Servants in Administrative Agencies” by the corresponding appointing agency or supervisory agency according to management authority.
Question: New Area B does not have county-level government institutions. If personnel appointed by the Management Committee of New Area B are to be dismissed, should this be approved by the supervisory bureau of New Area B or the Management Committee?
Answer: Given that the Management Committee has the authority to approve administrative penalties, the supervisory bureau can submit such penalties to the Management Committee for approval, or, based on the authorization of the provincial supervisory department and the Management Committee, directly make administrative penalty decisions.
(Note: Before the reform of the supervisory system, administrative penalties were approved by the Management Committee according to cadre management authority. After the reform of the supervisory system, according to the principle of party management of cadres, administrative penalties should be approved by the Party Committee of the Management Committee according to cadre management authority.)
17
How should party discipline be imposed in criminal judgment cases?
Question: Article 34, Paragraph 1 of the 2015 “Disciplinary Regulations for the Communist Party of China” (hereinafter referred to as the 2015 “Regulations”) states that for party members who are legally subject to criminal responsibility, “party discipline should be imposed based on the effective judgment, ruling, and decision of the judicial authority and the recognized facts, nature, and circumstances.” How should this be understood?
“China Discipline Inspection and Supervision” 2016 Issue 20
Answer: In cases where the judicial authority has made effective judgments, rulings, and decisions, the evidence materials collected and obtained during the investigation have been comprehensively reviewed and confirmed through legal procedures, the discipline inspection agency should not re-examine these evidence materials, as this is not conducive to saving limited disciplinary review resources. Therefore, according to Article 34, Paragraph 1 of the 2015 “Regulations” (Article 33, Paragraph 1 of the 2018 “Regulations”), if a party member is legally subject to criminal responsibility, the party organization should directly impose party discipline based on the effective judgment, ruling, and decision of the judicial authority and the recognized facts, nature, and circumstances. Here, “judgment, ruling” refers to guilty judgments and rulings made by the people’s court; “decision” generally refers to the decision made by the people’s procuratorate according to Article 173, Paragraph 2 of the Criminal Procedure Law, regarding cases where the crime is minor and does not require punishment or is exempt from punishment according to law.
The discipline inspection agency that accepts cases transferred by the judicial authority should, if conditions permit, review the criminal facts recognized by the judicial authority and the evidence on which they are based, and also investigate and handle other serious disciplinary violations by the party member. This is not only a necessary requirement for the discipline inspection agency to fulfill its disciplinary review responsibilities but also helps to better resolve the issue of passive changes in disciplinary penalties following judicial authority’s re-judgment.
18
How should the restoration of party rights be handled after the expiration of the probation period?
Reader Lv Ming: How should the restoration of party rights be handled after the expiration of the probation period?
“China Supervision” 2013 Issue 11
Comrade Lv Ming:
The probation period for party members should not exceed two years. During the probation period, party members do not have voting rights, election rights, or the right to be elected. If a party member under probation shows signs of repentance during the probation period, their party rights should be restored after the probation period expires.
The procedures for restoring party rights are as follows: the individual should submit a written application, the party branch should conduct an assessment and make a decision to restore their party rights, which should be reported to the grassroots party committee or the higher-level discipline inspection committee for approval, and based on the actual situation, report to the original disciplinary agency or relevant departments for record-keeping. (Note: According to the “Notice on the Procedures for Restoring Party Rights After the Expiration of the Probation Period”, the procedures for restoring party rights after the probation period are as follows: the party branch should produce a public notice regarding the restoration of the party rights of the individual, which should be publicized in the unit and party branch for no less than five days; the party branch meeting should discuss and form a resolution; the grassroots party committee should review it, and the original party organization that made the disciplinary decision should consult with the discipline inspection agency with supervisory and disciplinary authority for opinions and review it, making a decision on the restoration of the individual’s party rights; this should be included in the individual’s file and reported to the original party organization that made the disciplinary decision.)
19
How should the supervisory authority handle the suspension of duties for personnel elected or appointed by the National People’s Congress?
Reader Rong Yu: How should the supervisory authority handle the suspension of duties for personnel elected or appointed by the National People’s Congress?
“China Discipline Inspection and Supervision” 2014 Issue 6
Comrade Rong Yu:
When investigating violations of administrative discipline, the supervisory authority can, based on the actual situation and needs, suggest that the relevant agency suspend the duties of personnel suspected of serious violations of administrative discipline. The so-called “suspension of duties” refers to temporarily stopping personnel suspected of serious violations of administrative discipline from representing the national administrative agency in public activities or executing other public activities related to their administrative duties.
According to the above provisions, the supervisory authority cannot unilaterally exercise the power to stop executing public duties, but can only suggest that the relevant agency suspend the duties of personnel suspected of serious violations of administrative discipline. The so-called relevant agency refers to the agency with the authority to decide on the suspension of duties for personnel suspected of serious violations of administrative discipline. Among them, for personnel appointed by the National People’s Congress and its Standing Committee, the State Council decides on the suspension of duties; for personnel elected by local people’s congresses, the higher-level people’s government decides; for personnel appointed by local people’s congresses, except for the suspension of duties for deputy governors, deputy chairpersons of autonomous regions, deputy mayors, deputy prefects, and deputy district heads, which are decided by the higher-level people’s government, the suspension of duties for other personnel is decided by the people’s government at the same level.
(Note: According to Article 6 of the “Regulations on Organizational Handling of the Communist Party (Trial)”, the Party Committee (leading group) and its organization (personnel) departments perform organizational handling responsibilities according to cadre management authority. If relevant agencies or units discover that leading cadres need to be organized and handled during disciplinary enforcement, daily management, and supervision, they should report to the Party Committee (leading group) or propose suggestions to the organization (personnel) department.)
20
How should the Central Commission for Discipline Inspection and the National Supervisory Commission’s stationed institutions conduct preliminary investigations?
Reader Xu Wen: How should the stationed institutions of the Central Commission for Discipline Inspection and the National Supervisory Commission conduct preliminary investigations (initial reviews) on suspected disciplinary issues of personnel at the department level and below in the stationed departments?
“China Discipline Inspection and Supervision” 2014 Issue 14
Comrade Xu Wen:
The stationed institutions of the Central Commission for Discipline Inspection and the National Supervisory Commission should follow the procedures and steps below when conducting preliminary investigations (initial reviews) on reports of suspected disciplinary issues of personnel at the department level and below:
1. The relevant department of the stationed institution should register the reports and submit them to the main responsible person of the stationed institution for review.
2. The main responsible person of the stationed institution should handle the reports in the following ways: transfer cases, which refer to reports transferred to the discipline inspection and supervision agencies or other agencies for handling; key cases, which refer to cases that have been filed for investigation by the discipline inspection and supervision agencies or other agencies, and the stationed institution needs to understand and grasp the investigation situation and handling results; temporary storage cases, which refer to reports that do not meet the conditions for preliminary investigation and are temporarily stored for future reference. Reports reflecting violations of party discipline that need to be preliminarily verified should fill out the “Preliminary Verification Approval Form”.
3. Determine the personnel for preliminary investigations (initial reviews) and prepare for the preliminary investigation (initial review). Develop a preliminary investigation (initial review) plan and submit it to the main responsible person of the stationed institution for approval. The content of the preliminary investigation (initial review) plan should include: the main issues to be verified, the steps and methods for the preliminary investigation (initial review), the composition of the preliminary investigation (initial review) personnel, and matters to pay attention to.
4. Implement the preliminary investigation (initial review). The stationed institution should complete the preliminary investigation (initial review) work according to the prescribed authority and procedures. If the stationed institution encounters difficulties during the preliminary investigation (initial review), it can request assistance from the relevant discipline inspection and supervision departments of the Central Commission for Discipline Inspection and the National Supervisory Commission, which should coordinate and guide the work according to the instructions or opinions of the leadership of the Central Commission for Discipline Inspection and the National Supervisory Commission.
5. Based on the preliminary investigation (initial review) situation, submit a preliminary investigation (initial review) report. The content of the preliminary investigation (initial review) report should include: the personal situation of the person being reported, the main issues reflected, the results of the preliminary investigation (initial review), existing doubts, and handling suggestions. Personnel involved in the verification must sign the preliminary investigation (initial review) report.
6. The preliminary investigation (initial review) report should be reviewed by the group (bureau) meeting of the stationed institution and approved by the main responsible person of the stationed institution. If the group (bureau) meeting has objections to the preliminary investigation (initial review) report, the preliminary investigation (initial review) personnel should supplement the preliminary investigation (initial review) work; if they agree with the preliminary investigation (initial review) report, it should be submitted to the main responsible person of the stationed institution for approval, and the following handling should be made:
(1) If the reported issue does not exist, inform the stationed department of the situation, and if necessary, explain the situation to the reported person or clarify it within a certain scope;
(2) If there are disciplinary facts, but the circumstances are minor and do not require accountability for party discipline and administrative responsibility, it is suggested that the stationed department make appropriate handling.
(3) If there are indeed disciplinary facts that require accountability for party discipline and administrative responsibility, a case should be filed for investigation.
7. File and archive. The stationed institution should properly file and archive according to regulations and manage the archives.
21
What impact do administrative penalties have on the punished individuals?
Reader Zheng Yan: What impact do administrative (government) penalties have on the punished individuals?
“China Discipline Inspection and Supervision” 2013 Issue 14
Administrative (government) penalties include: warnings, demerits, major demerits, demotion, dismissal, and expulsion. The impact periods for the punished individuals are as follows: warning, six months; demerit, twelve months; major demerit, eighteen months; demotion, dismissal, twenty-four months. Civil servants under the impact period of penalties are not allowed to be promoted in position and level, and those who receive demerits, major demerits, demotion, or dismissal are not allowed to be promoted in salary levels.
For demotion, the level is reduced by one level. If the individual is at the lowest level corresponding to their position, the level will not be further reduced, and the salary level will be adjusted according to relevant regulations. If demotion is warranted, and the individual’s salary level is at the first level of level 27, a major demerit may be imposed.
For dismissal, all current positions are revoked, and the level and salary are reduced at the same time. When dismissed, the position is determined according to the level of reduction (one or more levels), and generally, it should not be a leadership position. After the penalty period expires, promotions are handled according to relevant regulations. The time served in the new position after dismissal starts from the date of appointment to the new position, and the time served in the same or higher position before that cannot be accumulated for future promotion requirements.
(Note: After the implementation of the “Regulations on the Parallel System of Civil Servants’ Positions and Levels”, civil servants who are dismissed will have their leadership positions and levels revoked at the same time, and their levels will be reduced by one or more levels, generally not being determined as leadership positions. The time served in the new position is recalculated from the date of appointment, and the time served in the same or higher position before that cannot be accumulated for future promotion requirements.)
For expulsion, from the date of the penalty, the personnel administrative relationship with the unit is terminated.
22
How should retirement benefits be handled for civil servants pursued for disciplinary responsibility after retirement?
Reader Yue Zhe: How should retirement benefits be handled for civil servants and personnel managed according to the Civil Servant Law who are pursued for disciplinary responsibility after retirement?
“China Discipline Inspection and Supervision” 2014 Issue 11
Comrade Yue Zhe:
According to Article 2 and Article 3 of the “Notice on Issues Related to the Treatment of Civil Servants Subject to Disciplinary Action” (Ministry of Human Resources and Social Security [2010] No. 105), the retirement benefits of civil servants and personnel managed according to the Civil Servant Law who are pursued for disciplinary responsibility after retirement should be handled as follows:
(1) If a civil servant has already retired before the decision-making agency makes a disciplinary decision or has disciplinary or illegal behavior after retirement, and should be given a warning, demerit, or major demerit, their retirement benefits should not be reduced.
(2) If a civil servant has already retired before the decision-making agency makes a disciplinary decision or has disciplinary or illegal behavior after retirement, and should be given a demotion, their retirement benefits should be reduced by 2% from the month following the penalty. In the future, when the state adjusts retirement benefits, it will not be affected by the penalties.
(3) If a civil servant has already retired before the decision-making agency makes a disciplinary decision or has disciplinary or illegal behavior after retirement, and should be given a dismissal, their retirement benefits should be adjusted from the month following the penalty. If the retirement benefits have not been clearly defined, the basic retirement benefits should be reduced by 12%, and the subsidies should be determined according to the reduced position. In the future, when the state adjusts retirement benefits, it will be executed according to the standard of the position reduced by one level.
(4) If a civil servant is pursued for disciplinary responsibility after retirement and should be expelled but has not been sentenced to criminal punishment, their basic retirement benefits should be reduced by 25% from the month following the penalty, and the subsidies should be determined according to the position of a staff member. In the future, when the state adjusts retirement benefits, it will be executed according to the standard of a staff member.
(5) If a civil servant is pursued for disciplinary responsibility after retirement and the original penalty needs to be adjusted, the adjustments to retirement benefits should be executed from the month following the conclusion of the review. If the original penalty is reduced or revoked, the retirement benefits that were reduced or suspended should be compensated. If the original penalty is increased, the retirement benefits that were less deducted should be deducted.
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