Current time:
Old website|
Contact information|
sitemap
Public officials receive evaluation fees, whether it is a violation of discipline？
Release time: 2024-03-25 17:05:28
Number of page views:
Author: Kaifeng Public resources trading information Network
Basic case
Zhu Mou, A member of the Communist Party of China, H Province A city B Bureau Party Group secretary, director。From 2018 to 2020, the Bureau organized a number of evaluation activities according to its responsibilities。Due to the professionalism of the relevant review projects, experts are invited to participate in the review and pay labor fees according to the regulations。At the same time, Zhu himself also participated in the review as an expert, and received the review fee of more than 100,000 yuan with reference to the standard of invited experts。In addition, other Party members and cadres of the bureau also participated in the review activities in turn and received the review fee。
Divergent views
For the qualitative behavior of Zhu Mou et al., there are mainly three opinions:
The first opinion believes that the behavior of Zhu and others does not constitute a violation of discipline, and labor income is legal income。Although Zhu and others participated in the evaluation activities organized by the unit, but paid labor, the standard of receiving the evaluation fee is the same as that of the invited experts, so the evaluation fee received is its normal labor income, which cannot be identified as a violation of discipline。
The second opinion is that although the behavior of Zhu and others does not constitute a violation of discipline, it is not appropriate to receive。Zhu and others in the unit to receive the evaluation fee behavior does not violate the prohibitions of party members and cadres clean politics and so on, should not be identified as a violation of discipline, but receive behavior and party members and cadres do not conform to the status, should be returned to the evaluation fee。
The third opinion is that Zhu's behavior violates the integrity discipline。Zhu and other persons are party members and cadres, participate in the evaluation activities organized by the unit, the scope of their own work, can not receive the evaluation fee, the behavior squandered state-owned property, should be dealt with according to the "Party discipline Punishment Regulations" article 111 "there are other violations of honesty and discipline provisions"。
Qualitative discrimination
We agree with the third opinion。
The labor fee here refers to the remuneration paid by the Party and government organs, enterprises and institutions, etc. in the work of government procurement, project construction, subject research, achievement recognition, etc., to the personnel with specific professional knowledge to provide evaluation, demonstration, consultation, appraisal and other services on the relevant issues, and to the personnel participating in the labor service according to the relevant regulations。Labor activities involve many industries of social and economic development。Party members and cadres, as ordinary market subjects, can participate in review activities according to law and compliance, but after all, Party members and cadres hold public power, if their participation in review activities is not standardized, it is easy to induce violations of discipline and law。
For a long time, the phenomenon of Party members and cadres receiving labor fees illegally has been repeated。Because the current policy system has no clear provisions on whether Party members and cadres can participate in labor activities and receive labor fees, the qualitative and treatment of such problems are not consistent in the practice of discipline enforcement。Some believe that Party members and cadres are not allowed to participate in labor services and receive fees, some believe that party members and cadres actually engage in labor services and receive labor fees in line with the principle of distribution according to work, and there are units or party members and cadres to issue and receive labor fees in the name of violations of discipline and law, the masses have a strong reaction to this。
◎ Illegal elements of receiving labor fees
agent。It is an ordinary party member, and ordinary party members can constitute this disciplinary violation, but most of them are public officials in the party members in practice。
Hazardous behavior。As a form, see the main manifestations of disciplinary violations below for details。
Object of harm。Rules on the integrity of Party members and cadres in politics。
Hazard result。It not only violates our Party's fine tradition of thrift, extravagance, hard work and simplicity, but also violates the rules on honesty and self-discipline, and some even undermine the normal market order and the income distribution system。
causality。There is a causal relationship between harmful behavior and harmful results。
Remove obstacles。Should exclude the irregularity of the obstruction causes, such as emergency avoidance, legitimate duty behavior。
◎ Responsible elements of illegal payment of labor fees
Subjective cognition。It is intentional, that is, the perpetrator knows that his violation of the rules to receive labor fees violates the integrity requirements and the relevant regulations of the Central Commission for Discipline Inspection and the Central Organization Department, and still hopes or allows the occurrence of the above behavior。
Responsibility capacity。It means that the perpetrator has the ability to commit disciplinary acts。For example, the perpetrator has sound physical function and normal mental health, and there is no situation that affects the ability to responsibility, such as being unable to identify or control his own behavior due to serious mental activity disorders。
Remove obstacles。It refers to the exclusion of responsible obstructions, such as accidents, force majeure, execution of superior orders, etc。
◎ The main performance of the violation of labor fees
One is not actually engaged in labor services, in the name of "labor fees" indiscriminate subsidies。Some units in the name of general distribution of "labor fees" indiscriminate subsidies, squandering financial funds。We believe that the illegal payment of subsidies and the payment of labor fees in accordance with the rules are different in the following four aspects: First, the purpose of the payment is different。The former is to increase the income of employees illegally and destroy the income distribution system;The latter is remuneration for services obtained in accordance with the law。Secondly, the object of distribution is different。The former is generally aimed at all employees;The latter are specific groups such as review experts。Third, the source of funds and disbursement standards are different。Some of the former come from financial funds, some come from "small Treasury", and set their own standards for issuance;The latter mainly comes from financial funds and has clear standards for issuance。Finally, the form of expression is different。The former, such as in the form of false office expenses into the account, some even do not enter the account;The latter are paid in the form of labor fees compliance such as review and consultation。
The second is to actually engage in labor services in the unit and illegally receive labor fees。Party members and cadres engaged in evaluation and other services in their units, because their own work includes related services, should not receive separate labor fees。In the present case，Because the evaluation activities organized by Bureau B are still within the scope of their own work of party members and cadres，The salaries of Party members and cadres participating in the evaluation have included the remuneration for the evaluation work，No more review fees，Therefore, Zhu and others act in violation of integrity discipline，It should be dealt with in accordance with Article 111 of the Regulations on Party Discipline and Punishment and Article 33, paragraph 1 (2) of the Administrative Punishment Law。In addition, for those who did not actually engage in labor work, only members of the leadership team, middle management and other small areas of the payment of funds in the name of "labor fees", suspected of private distribution of state-owned assets。
The third is to engage in labor services in other units without approval and receive labor fees。If the number of times and the amount are large, it is essentially illegal to engage in profit-making activities, and it can be identified as violating the integrity discipline。In addition, although engaged in certain services, but in fact to "labor fees" to cover up the nature of power for personal gain, such as in the name of collecting "labor fees" to accept a large amount of property, suspected of bribery。
Fourth, collect "labor fees" from others without providing labor services.。In the absence of providing labor services, charging "labor fees" to a number of management service objects is a disorderly apportioning and charging behavior, and is suspected of violating the discipline of the masses。If you collect "labor fees" from individual management service objects and are suspected of violating integrity discipline, you can be identified as accepting gift money。In addition, knowing that the management service object has requested matters still accept property in the name of "labor fees", or ask for "labor fees", and the amount is large, suspected of bribery crimes。
◎ Problems that need attention
Relevant policy basis
The current regulations on labor fees are scattered in the relevant ministries and local norms, and there are four main bases and requirements for the payment of labor fees。First, it can only be issued to personnel who have the corresponding qualifications and actually engage in labor services。The General Office of the CPC Central Committee and The General Office of the State Council "Opinions on Deepening the reform of Project Review, Talent Evaluation and institutional Evaluation" stipulate that review experts should be selected from the expert pool, and experts who are active in scientific research and really understand this line should be selected to participate in the review。Article 24 of the Measures for the Administration of Government Procurement Review Experts of the Ministry of Finance stipulates that the financial department may pay service remuneration to the review experts。In addition, Article 10 of the Interim Measures for the Management of Major Special Funds for Civil Science and Technology of the Ministry of Finance stipulates that the evaluation fee shall not be paid to the staff involved in the research and management of major special projects。Second, the implementation of the project subject or agency to issue labor fees。Generally, according to the principle of "who hires, who pays", the issuing body is determined。As stipulated in the Measures for the Administration of Government Procurement Review Experts of the Ministry of Finance, the centralized procurement agency or purchaser shall pay the labor remuneration of the review experts。The third is to determine the distribution standards according to the title of the labor service, the content of the labor service, and the time of the labor service。Article 6 of the Ministry of Finance's "Measures for the Management of Expert Consulting Fees for Central Financial Research Projects" distinguishes academicians and national well-known experts, senior professional and technical titles and other professionals, and clarifies the standard of consulting fees for different personnel。Fourth, the procedures and methods for issuing labor fees should be compliant。Article 14 of the "Management Measures for Expert Consulting Fees of Central financial research Projects" clearly states that a payment and review mechanism for expert consulting fees should be established, and labor fees should be paid by means of transfer in principle。
According to the above provisions, the payment of labor fees is for the actual personnel engaged in labor services, and Party members and cadres are not prohibited from participating in labor services and receiving remuneration。In other words, Party members and cadres approved to participate in evaluation, demonstration, consultation, identification and other labor activities can receive labor fees according to law, but the object of payment, standards, and methods should meet the relevant provisions。
Accurately grasp the violation situation
Whether the payment of labor fees is compliant is comprehensively judged from the following aspects: First, whether it is approved。The second is whether the service is actually provided。The third is whether the service provided is their own work。The fourth is whether it may affect the integrity of party members and cadres, that is, whether it affects the fair execution of public duties, and whether it affects their own work。Fifth, whether there is a clear policy basis for issuing and receiving behaviors, and whether the issuing standards comply with relevant regulations or industry standards。The issuing unit or receiving object shall provide the compliance basis, and the discipline inspection and supervision organ shall verify it according to relevant policies。
According to the above standards, the behavior of issuing and receiving labor fees can be divided into the following situations: First, the situation that can issue and receive labor fees。Party members and cadres approved to participate in the evaluation, demonstration, consultation, acceptance and other labor activities, without affecting the integrity and integrity of their own work, may receive labor fees in accordance with relevant regulations。The second is not to issue and receive labor fees。It mainly includes the actual act of violating discipline and illegal activities in the name of issuing and receiving labor fees。In practice，Party members and cadres participate in the following labor activities，Shall not receive remuneration in any form: participate in labor service activities organized and managed by the unit;Projects entrusted to personnel of other units to complete，Entrusting unit personnel to participate in the labor service activities of the project;Staff members of administrative organs with administrative powers such as administrative examination and approval, administrative punishment, administrative collection and administrative inspection，Perform my duties and participate in various labor activities。Third, it is not appropriate to issue and receive labor fees。Including engaging in actual labor services, although there are no prohibitive provisions can not be distributed and received, but the distribution and received behavior has caused adverse effects。If party members and cadres pay actual labor services, because the basis and standard of labor fees are not clear enough, and the amount issued is large or the number of labor services engaged is more, which damages the image of Party members and cadres of clean and diligent administration, it is not appropriate to receive。At the same time, the issue of labor costs involves asset management, salary distribution and other provisions, and the policy is strong, and the opinions of finance, audit, human resources and social security departments can be solicited when necessary to ensure qualitative accuracy。
Compacting subject responsibility
Discipline inspection and supervision organs in serious investigation and punishment of illegal receipt and distribution of labor fees, at the same time, for illegal distribution of labor fees prone to frequent areas, departments, to the relevant competent units or departments to conduct discipline inspection and supervision suggestions and other ways to do a good job of supervision and discipline accountability, play a case to solve the root, to promote the role of the case。The Party group (Party committee) of the unit should earnestly assume the main responsibility, strictly implement the provisions on the issuance of subsidies and engaging in profit-making activities, and improve the mechanism for reviewing, issuing, reporting and filing labor fees。Party members and cadres invited to participate in various labor activities organized by other units (systems) shall strictly implement the system of requesting instructions and reporting。
Strengthen regulatory responsibility
Government procurement, project development and other industry authorities should improve the selection, selection, use, supervision and withdrawal of experts to prevent conflicts of interest and integrity risks。Human resources, social security, finance and other departments should strengthen investigation and research, strengthen policy guidance, on the basis of distinguishing objects, industry characteristics and labor content, clarify the scope of different categories of labor fees, standards and other requirements, and standardize the payment of labor fees from the system level。
来源：China Founder Publishing House
All rights reserved:Kaifeng city public resources trading information networkHost: Kaifeng public resources trading information network
Address: Kaifeng City citizens home 5th floor 邮编：475000 Email: kfggzyjyzx2018@163.com Website record number:Yu ICP prepared No. 12001764-1
Technical support:Zhengzhou Xinyuan Information Technology Co., LTD
