What discipline did your close friend violate?

Typical case Zhu Moumou, a member of the Communist Party of China, secretary of the general party branch of a residential area in Town A, S City. During the epidemic lockdown in April 2022, the residential area where Zhu Moumou lived received multiple supplies of supplies purchased by the town government for distribution to residents. Zhu Moumou took advantage of his position in distributing the supplies. Each time after receiving the supplies, Zhu Moumou In a few days, some supplies will be sent to your own home or the homes of relatives and friends for use. After calculation, the total value of the materials delivered to his own home or the home of his relatives and friends was more than 2,000 yuan. It was also found that Zhu’s own home and the homes of his relatives and friends were not in the residential area where Zhu worked, and they were not qualified to receive supplies from the residential area. After the incident, Zhu Moumou took the initiative to hand over the disciplinary and illegal money. Divergent opinions In this case, there are two opinions on how to characterize Zhu Moumou’s behavior. The first opinion is that: During the process of distributing government supplies, Zhu Moumou illegally distributed some of the supplies to relatives and friends, which constituted a violation of Article 114 of the "Regulations on Disciplinary Punishments of the Communist Party of China" The behavior of "preferring relatives and close friends in matters such as social security, policy support, poverty alleviation, and distribution of disaster relief funds and materials, which is obviously unfair" violated the party's mass discipline. Their behavior also complies with the provisions of Article 38, Paragraph 1, Item (5) of the "Law of the People's Republic of China on Governmental Punishments for Public Officials", which constitutes a violation of official duties by public officials who infringe on the interests of management service objects. The second opinion is that: Zhu Moumou took advantage of his position in distributing government supplies and misappropriated some of the supplies and then kept them for himself or gave them to relatives and friends. This should be considered an act of corruption and complies with the Disciplinary Punishments of the Communist Party of China. Article 28 of the Regulations stipulates that party members must be held accountable for party discipline responsibilities if their behavior is stipulated in criminal law, although it does not constitute a crime, which violates national laws and regulations. His behavior also complies with the corruption and bribery behavior stipulated in Article 33, paragraph 1, item (1) of the "Law of the People's Republic of China on Government Punishment of Public Officials", and constitutes a violation of official duties. Commentary: The author agrees with the second opinion. The specific analysis is as follows: 1. Regarding the characterization of "good relatives and close friends" and "obviously unfair", Article 114 of the "Disciplinary Punishment Regulations of the Communist Party of China" stipulates , those who favor relatives and close friends in matters such as social security, policy support, poverty alleviation, distribution of disaster relief funds and materials, etc., and are obviously unfair, will be given a warning or serious warning; if the circumstances are serious, they will be dismissed from their party positions or retained in the party. Observation and punishment; if the circumstances are serious, the punishment will be expulsion from the party. "Preferring relatives and friends" refers to the failure to correctly handle the relationship between relatives and friends and the general public, and implement policies in favor of relatives and friends, so that relatives and friends receive preferential treatment and receive more benefits. It should be noted that the words "excellent" and "thousand" in "you have good relatives and friends" are relative terms. There must be reference and comparison. Only when it is obviously unfair can it constitute a disciplinary violation of "you have good relatives and friends". "Obviously unfair" means that there is a large deviation in the implementation of the policy, the objects that should be the focus of relief do not receive relief, the objects that do not need relief get relief instead, or under the same conditions, there is a huge disparity in the amount or value of money and materials. Take the village cadre's application for subsistence allowances for relatives and friends as an example. If there are villagers in the village whose family conditions are more difficult than those of the village cadre's relatives and friends who have not applied for subsistence allowances or have already applied for subsistence allowances, but enjoy lower subsistence allowances, then there will be A situation that favors close friends is obviously unfair. In this case, Zhu Moumou himself and his relatives and friends are not residents of the community under Zhu Moumou's jurisdiction, and do not meet the policy conditions for receiving supplies from the community. Therefore, they lose the basic conditions for identifying relatives and friends, which is obviously unfair. 2. Zhu Moumou’s behavior conforms to the legal characteristics of corruption. Articles 93 and 382 of the Criminal Law of the People’s Republic of China and relevant judicial interpretations require that members of village committees and other grassroots organizations assist the people. When the government is engaged in disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and management of relief funds and materials, they are state workers as stipulated in Paragraph 2 of Article 93 of the "People's Republic of China and the Criminal Law of the People's Republic of China". Such personnel If someone takes advantage of his position to illegally possess public property and constitutes a crime, the provisions of Article 382 of the Criminal Law of the People's Republic of China on the crime of corruption shall apply. Objectively speaking, corruption mainly manifests as taking advantage of one's position to embezzle, steal, defraud or illegally possess public property by other means. In this case, Zhu Moumou took the government-guaranteed supplies that he was responsible for managing, handling, and distributing back to his home for use. He was obviously taking advantage of his position to illegally take possession of the public property as his own. There is no dispute that it was deemed corruption. . Regarding the act of giving gifts to relatives and friends for use, Zhu Moumou did not take possession of them on the surface. This situation can be regarded as his disposal of stolen goods and does not affect the establishment of corruption. According to the provisions of our country's criminal law, the subjective intention required for corruption is only the illegal possession of public property, rather than illegal possession of it as one's own. When the perpetrator causes the public property to be out of control and under his control, It can be regarded as illegal possession in the sense of criminal law. After that, whether the actor takes the stolen money back for his own use or gives it to others in exchange for personal benefits and favors, or even uses it for social welfare, it can only be regarded as his disposal and distribution of the stolen money, and does not affect the establishment of corruption. . 3. The amount of Zhu Moumou’s corruption did not reach the standard that should be investigated for criminal liability. The amount standard stipulated by law is required to constitute the crime of corruption.

According to the provisions of Article 1 of the "Interpretations on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery" of the "Two Highs and Highs", the amount of specific funds and materials for corruption relief, emergency rescue, flood prevention, preferential care, poverty alleviation, immigration, epidemic prevention, social donations, etc. shall not exceed 10,000 yuan. If the amount exceeds RMB 10,000, you can be held criminally responsible for corruption. According to this, although Zhu Moumou's behavior is an act of corruption, the amount of corruption has not yet reached the standard for criminal liability, and he should be given party discipline and government sanctions in accordance with disciplines and laws. In view of the fact that during the organizational review and investigation process, he was able to truthfully explain his disciplinary and illegal problems and proactively hand over his disciplinary and illegal gains, it was decided to give him a lighter punishment. According to relevant regulations, Zhu Moumou was given the sanction of staying on party probation for two years. At the same time, given that he had no administrative position, supervisory recommendations were issued to the competent authorities to reduce Zhu Moumou's salary.