The necessity of formulating "Disciplinary Regulations"
The issue of subsidies and subsidies was formed under specific historical conditions. The legal wage standards for government agencies and institutions in our country are relatively low, and the standards are unified across the country. Taking into account the imbalance of regional development in our country and the large differences in economic development levels and residents' income levels between regions, the state allows various regions to adjust subsidies and subsidies based on local economic development and financial conditions. However, due to unclear relevant regulations and lack of effective supervision in some links, the payment of subsidies and subsidies in some places and units has gradually become out of order. Local governments and units generally set their own allowances and subsidies in addition to the national unified wage policy. There are many names, irregular funding sources, and rising levels. This not only violates national financial disciplines and leads to unfair income distribution, but also easily affects the stability of the civil service team, and to a certain extent affects the image of the party and the government among the people.
A reasonable income distribution system is an important manifestation of social fairness. The payment of allowances and subsidies involves the vital interests of the majority of civil servants. In order to establish a scientific, reasonable, fair, just, standardized and orderly wage income distribution system, strengthen the construction of cadres and the construction of party style and clean government,20066505_6928
In order to implement the deployment of the Party Central Committee and the State Council, prevent the resurgence of illegal payment of subsidies and subsidies, and prevent the phenomenon of illegal payment of subsidies and subsidies from resurgence, and to solidly advance the next step of work, it is necessary to standardize how to punish illegal payment of subsidies and subsidies, to strictly enforce discipline, punish and prevent the occurrence of illegal payment of subsidies and subsidies.
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About the scope of "allowances and subsidies"
In the practice of standardizing subsidies and subsidies, it has been found that in order to circumvent relevant regulations, some places and units do not use subsidies as subsidies but instead distribute money and materials in various names or forms such as bonuses, physical objects, securities, etc., making it difficult to deal with these irregular and arbitrary payments of money and materials. In order to facilitate the understanding in practice and avoid the random distribution of money and goods under various names, the "Regulations" include various allowances, subsidies and bonuses, in kind, securities, etc. into the scope of "allowances and subsidies", and stipulates in Article 2: "The allowances and subsidies referred to in these regulations include the allowances and subsidies uniformly stipulated by the state and work-related subsidies, living subsidies, retiree subsidies, reform subsidies and bonuses, in kind, securities, etc." Among them, reforming subsidies refer to monetary subsidies issued by converting the funds originally used by the unit for duty consumption and welfare benefits of cadres and employees in accordance with the requirements of standardizing job consumption and promoting the monetization of welfare benefits. This provision corresponds to the items and classifications of current subsidies and subsidies, and is connected with the relevant documents regulating the work of subsidies and subsidies.
About the composition of salary income of government agencies and institutions
In accordance with the relevant policies on wage system reform, government agencies and institutions implement different wage systems. Government agencies implement a salary system that combines positions and ranks, and public institutions implement a performance-based salary system.
The salary income of civil servants consists of the following four parts: First, the basic salary, including position salary and grade salary, which are unified across the country. The second is the allowances and subsidies uniformly stipulated by the state, that is, the allowances and subsidies issued by the State Council or the Ministry of Human Resources and Social Security and the Ministry of Finance authorized by the State Council, which mainly include regional allowances, special position allowances for government agencies and institutions, and allowances equivalent to the person’s current year12The year-end one-time bonus of monthly basic salary is subject to unified standards across the country. The third is to standardize allowances and subsidies, including work allowances and living allowances, and the standards vary from place to place. The fourth is reformative subsidies, that is, monetary subsidies directly issued to civil servants by converting the funds originally used by the units for official consumption and welfare benefits of cadres and employees. It mainly includes two aspects: housing allocation monetization reform subsidies, including housing provident funds, housing subsidies, rent subsidies, heating subsidies, and property management subsidies; transportation subsidies, including shuttle bus subsidies and official car subsidies. Due to the different progress of reform in various places, the specific projects and standards are also different.
After the implementation of performance pay, the salary income of public institution staff consists of the following four parts. The first is basic salary, including position salary and salary grade salary, which are subject to unified standards across the country; the second is the allowances and subsidies uniformly stipulated by the state, which mainly include regional allowances and special post allowances for public institutions, and are subject to unified standards across the country; the third is performance pay, which includes basic performance pay and incentive performance pay, which are originally paid by public institutions. The year-end one-time bonus is included in the performance salary. The total amount of performance salary is approved by the human resources, social security and finance departments of the people's government at the same level, and the unit allocates it independently within the approved total amount; fourth is the reform subsidy. The subsidy items and standards vary from place to place. Some places compare the items and standards of the agencies to issue them, and some places have different items and standards from the agencies.
About the applicable objects of the "Disciplinary Regulations"
According to the "Notice of the Central Commission for Discipline Inspection of the Communist Party of China, the Organization Department of the Central Committee of the Communist Party of China, the Ministry of Supervision, the Ministry of Finance, the Ministry of Personnel, and the Audit Office on Regulating the Allowances and Subsidies for Civil Servants" and the "Regulations on Punishment of Civil Servants of Administrative Agencies", the applicable objects of the "Regulations" should include two categories of personnel, namely civil servants of administrative agencies, and staff members of public institutions with public affairs management functions authorized by laws and regulations who have been approved to be managed with reference to the "Civil Service Law of the People's Republic of China". Therefore, Article 3 of the "Regulations" applies to civil servants of administrative agencies and staff members of public institutions with public affairs management functions authorized by laws and regulations who have been approved to be managed with reference to the "Civil Servant Law of the People's Republic of China".
For units that violate regulations in issuing allowances and subsidies, Article 3 of the "Regulations on Disciplinary Regulations" stipulates that the subject of disciplinary responsibility shall be the responsible leaders and directly responsible personnel in the unit. The so-called directly responsible personnel here refer to those who have implemented the illegal payment of subsidies and subsidies, causing damage; the so-called responsible leaders refer to those who hold certain leadership positions, directly make or participate in the decision-making of the illegal payment of subsidies and subsidies, or are negligent in management and are responsible for the damage caused by the illegal payment of subsidies and subsidies. This stipulates the subject of disciplinary responsibility for the unit's violations of laws and disciplines because punishment is a sanction attached to a natural person. Without the condition of a natural person, punishment cannot exist. The unit itself cannot bear the consequences of punishment. Therefore, for the unit's illegal and disciplinary behavior, the unit's responsible leaders and directly responsible personnel should be punished.
Regarding the illegal payment of allowances and subsidies by public institutions whose funding sources are financed by financial subsidies, Article 14 of the "Penalty Regulations" stipulates: "If staff of public institutions whose funding sources are financed by financial subsidies commit the acts listed in these regulations, they shall be dealt with in accordance with the "Interim Regulations on Sanctions for Public Institution Staff" with reference to the disciplinary violations specified in Articles 4 to 12 of these Regulations. "The main considerations are: First, the "Interim Provisions on Punishment of Staff of Public Institutions" has been issued2012Year9month111720_11988
About the manifestations of illegal payment of subsidies and subsidies
The manifestations of illegal payment of allowances and subsidies listed in the "Penalty Regulations" are basically consistent with the "Interpretation of Several Issues Applicable to the "Regulations on Disciplinary Punishments of the Communist Party of China" for illegal payment of allowances and subsidies. First, based on the common situations in specific discipline enforcement work and the opinions and suggestions provided by the Ministry of Finance, the Ministry of Human Resources and Social Security, the Audit Office and other units, Article 4 summarizes the typical violations of financial disciplines in the payment of subsidies and subsidies, such as establishing new projects in violation of regulations or continuing to issue subsidies that have been explicitly cancelled, issuing subsidies beyond the prescribed standards and scope, and continuing to issue subsidies in the form of securities, physical objects, etc. after regulations. Second, Articles 5 to 12 respectively clarify eight types of illegal and disciplinary behaviors, including using administrative fees and confiscated income to issue subsidies and subsidies, distributing state-owned assets collectively and privately to individuals in the form of subsidies and subsidies, failing to calculate subsidies and subsidies in accordance with regulations, irresponsible work leading to serious violations of regulations on the payment of subsidies and subsidies, and failure to stop and investigate serious violations of regulations on the payment of subsidies and subsidies that have occurred within the jurisdiction, and set specific types and levels of punishment.
About the setting of punishment levels
Comprehensive of the different manifestations of illegal payment of subsidies and subsidies, from a qualitative aspect, they can be summarized as violations of financial and economic disciplines, violations of integrity disciplines, dereliction of duty and other behaviors. According to the relevant provisions of the "Regulations on Penalties for Civil Servants of Administrative Agencies", "Regulations on Punishments for Fiscal Violations", and "Interim Provisions on Administrative Penalties for Violating the Management of Two Lines of Administrative Charges and Penalty and Confiscation of Income and Expenditure", the "Penalty Regulations" set corresponding penalty levels. In addition, in order to recover the losses caused by the illegal payment of subsidies and subsidies, Article 13 of the "Disciplinary Regulations" specifically stipulates how to deal with the illegal payment of subsidies and subsidies, that is, "the illegal payment of subsidies and subsidies shall be ordered to be rectified in accordance with relevant regulations, and shall be returned and recovered." "(Zhou Pengfei)
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