In addition to public money, some people are also eyeing public things.
A cadre in Yanfeng District, Hengyang City, Hunan Province took advantage of his position to take possession of Canon cameras and lenses worth 43,500 yuan purchased by the unit; A village party secretary in Shouguang City, Shandong Province, privately arranged for the postman to deliver the party newspapers and periodicals subscribed by the village Committee to his home for ten years … … Looking at the reported cases in recent years, it is not uncommon for party member cadres to take advantage of their authority or position to occupy or illegally occupy public property. Some people can take everything from high-value cars, houses and computer cameras to small bags of fertilizer and newspapers in order to get rid of the public oil. As everyone knows, this kind of behavior is not as simple as taking advantage, but a serious violation of discipline and even illegal behavior.
The first kind of practice is to directly occupy public property. The actor either doesn’t give a penny, or pays some money symbolically, and takes the public property for himself. Here, according to the different objects of occupation, it can be divided into two types. If the public property that I am not in charge of is occupied, the first paragraph of Article 101 of the Regulations on Disciplinary Actions shall apply: "Take advantage of the influence of authority or position to occupy public or private property that I am not in charge of, or occupy public or private property by paying money symbolically", "If the circumstances are minor, give a warning or a serious warning; If the circumstances are serious, he shall be dismissed from his post within the party or be placed on probation; If the circumstances are serious, expulsion from the party will be given. " Then, what if it is the public property that I am in charge of, managed and handled? This should be regarded as an illegal act of corruption, and if it meets the conditions of a large amount stipulated in the criminal law, it constitutes a crime of corruption. In 2015, the revised regulations on disciplinary action adhered to the principle of separation of discipline and law, and deleted the contents that were duplicated with criminal law, public security management punishment law and other laws and regulations, which were followed by the latest revised version. Therefore, the discipline and law convergence clause in the general rules of the regulations can be applied to this behavior, and the responsible person should be investigated for the corresponding party discipline and legal responsibility.
The second type of practice is illegal occupation of public property. It is different from the subjective purpose of directly encroaching on public property. The former aims at possession and infringes on the ownership of public property. The purpose of this behavior is only to occupy and infringe on the right to use public property. Some of the occupied public property is for personal use, including for their own use, family and friends. For this kind of behavior, the first paragraph of Article 102 of the Disciplinary Regulations has a special provision: "Taking advantage of the influence of authority or position and occupying public property for personal use in violation of relevant regulations for more than six months, if the circumstances are serious, give a warning or a serious warning; If the circumstances are serious, the punishment within the party shall be revoked. " In addition to personal use, some people engage in profit-making activities by occupying public property, or lend public property to others for profit-making activities, which is more serious in violation of discipline. Therefore, Article 102 of the Regulations on Disciplinary Actions against Party Discipline has correspondingly increased the punishment. As long as there is such an act, it will be punished, and the punishment level will be as high as "expulsion from the Party".
It should be noted that there is still a problem of transformation in illegally occupying public property. In reality, if the actor takes advantage of his power or position to occupy public property for more than six months, he should return it without returning it, or the use value has been exhausted (will be exhausted) and cannot be returned, the nature of the behavior has changed and it has become an "occupation behavior", which should be dealt with according to the specific circumstances in accordance with Article 101 of the Party Disciplinary Regulations or criminal law and other relevant laws and regulations.
The ancients had a story of "no family letters under the candle", which was as small as candlelight and could distinguish between public and private property, which was really admirable. Public is public, private is private, and party member cadres should be clearly distinguished. Taking some public property, wiping some oil and water, and rubbing some benefits seems to be a small matter, but this is often the starting point for many corrupt behaviors. Over time, it will inevitably lead to the overturning and sinking of life. Only when party member cadres abide by the principle of "distinguishing between public and private, putting public before private, and self-denial and dedication to public service", will the voice in their hearts be extremely clear and firm: "If it’s not mine, I won’t take it." (Duan Xiangyu, website of the State Supervision Commission of the Central Commission for Discipline Inspection)
Discipline and law link:
Article 101 Whoever, by taking advantage of his authority or position, encroaches on public or private property that he is not in charge of, or encroaches on public or private property by paying money symbolically, or pays gratuitously or symbolically to receive services or use labor services, if the circumstances are relatively minor, shall be given a warning or a serious warning; If the circumstances are serious, he shall be dismissed from his post within the party or be placed on probation; If the circumstances are serious, he shall be expelled from the party.
… …
Article 102 Whoever takes advantage of his authority or position to occupy public property for personal use in violation of relevant regulations for more than six months, if the circumstances are serious, shall be given a warning or a serious warning; If the circumstances are serious, he shall be dismissed from his post within the party.
Those who occupy public property for profit-making activities shall be given a warning or a serious warning; If the circumstances are serious, he shall be dismissed from his post within the party or be placed on probation; If the circumstances are serious, he shall be expelled from the party.
Lending public property to others for profit-making activities shall be handled in accordance with the provisions of the preceding paragraph.
— — Excerpted from the Regulations on Disciplinary Actions in the Communist Party of China (CPC).
