Netizen "Qing Feng Lian Yu" consultation:
An administrative law enforcement unit imposes fines on law enforcement targets3If the money is not turned over to the state treasury after 10,000 yuan, the person in charge of the law enforcement unit will arrange for it to be kept directly by the financial personnel and used for the daily expenses of the unit. I would like to ask: If the person in charge of this unit is given political and disciplinary sanctions, will his behavior be characterized as setting up a "small treasury" and using the funds from the "small treasury", or will it be characterized as a violation of the two-line management regulations on fined and confiscated income and expenditure? Is the punishment based on the "Interim Provisions on Administrative Punishments for Illegal and Disciplined Behaviors in Establishing a "Little Treasury" and Using the Money from a "Little Treasury", or based on the "Interim Provisions on Administrative Punishments for Violating the Two-line Management Regulations on Administrative Charges and Penalty and Confiscation of Income and Expenditure". What is the difference between these two behaviors?
Reply from the Central Commission for Discipline Inspection and Regulation Office:
Hello! In accordance with relevant laws and regulations, we cannot express opinions on the qualitative aspects of specific cases. We can only provide academic and rational answers to the general application of laws and regulations in the message content.
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According to the information you provided (unconfirmed), the administrative law enforcement unit’s behavior of withholding fines and confiscated funds and not turning them over to the state treasury, and arranging them to be kept directly by financial personnel and used for daily expenses of the unit, violates both the administrative regulations "Interim Provisions on Fines and Confiscated Revenues" and the departmental regulations "Interim Provisions on "Small Treasury"". It is a conflict of laws, and the "Interim Provisions on Fines and Confiscated Revenues" as the higher law should be applied.
