First, the background and significance of this provision.
(1) Background introduction
1in March, 1997, on the basis of summarizing the implementation of the requirements for honesty and self-discipline of leading cadres in party member, the Central Committee formulated "Several Guidelines for Honesty and Self-discipline of Leading Cadres in party member, China (for Trial Implementation)" (hereinafter referred to as "Integrity Guidelines (for Trial Implementation)). /kloc-for 0/3 years, the "Integrity Guidelines (Trial)" has played an important role in promoting leading cadres in party member to be honest in politics and comprehensively strengthening and improving party building. However, with the in-depth development of reform, opening up and modernization, and with the gradual establishment of the socialist market economic system, the anti-corruption work space is getting bigger and bigger, involving more and more fields, facing many new situations, new contradictions and new problems, and putting forward new and higher requirements for anti-corruption work. The Anti-Corruption Guidelines (for Trial Implementation) cannot fully meet the actual needs and need to be further revised. The promulgation of the new "Anti-corruption Guidelines" is an urgent need to deepen the honesty and self-discipline of cadres.
First, fully absorb the new requirements of the Central Committee and the Central Commission for Discipline Inspection on the incorruptibility of leading cadres in party member. After the promulgation and implementation of the "Integrity Guidelines (Trial)", the Central Committee and the Central Commission for Discipline Inspection put forward a series of new requirements for leading cadres in party member in view of new situations and new problems in practice. As the basic law of leading cadres in party member, the Code of Integrity should incorporate these new requirements. At the same time, integrating the new requirements scattered in different documents into the code of clean government is also beneficial for leading cadres in party member to learn, master and implement.
The second is to absorb the need to learn from practical experience. Since the promulgation and implementation of the "Integrity Guidelines (Trial)", all regions and departments have actively explored ways to strengthen the integrity and self-discipline of leading cadres in party member and issued a number of regulations. It contains some effective practices with universal applicability, which need to be revised and absorbed to become the requirements of clean government followed by the whole party.
The third is the need for better connection with other party internal laws and regulations. In recent years, great progress has been made in the construction of anti-corruption laws and regulations, and a number of important laws and regulations have been promulgated one after another, such as "Regulations on Supervision within the Party of China * * *" and "Regulations on Disciplinary Actions within the Party of China * * *". Through revision, the code of clean government can be better linked with other internal party laws and regulations.
Fourth, the implementation and supervision of the "Integrity Guidelines (Trial)" are relatively thin and need to be enriched and improved to enhance its execution and operability.
(2) Significance
The central government's revision of the Code of Integrity will play an important role in promoting anti-corruption construction in three aspects.
First of all, this shows that the CPC Central Committee is highly concerned about the probity of leading cadres in party member. The review and adoption of the Code of Integrity shows that the Code of Integrity has withstood the test of anti-corruption practice for more than ten years and can be implemented as a formal inner-party regulation. The principle of clean government occupies a fundamental position in the internal laws and regulations of the anti-corruption party. At present, a relatively complete legal system for leading cadres in party member has been formed, with the integrity criterion as the core, the relevant departments of the central government formulating and implementing the implementation measures, some provisions of the party and government organs to practice economy and stop extravagance and waste, the interim measures for admonishing and talking with leading cadres in party member, and some provisions of the Central Commission for Discipline Inspection on prohibiting taking advantage of their positions to seek illegitimate interests.
Second, as the coordinate system of leading cadres at all levels, the code of clean government clarifies the self-discipline standards of leading cadres in party member, and regulates and restricts the power exercise and application of leading cadres at all levels. The Code of Integrity mainly regulates the behavior of leading cadres in party member from six categories, that is, it is forbidden to use the influence of authority and position to seek illegitimate interests; Prohibit private individuals from engaging in profit-making activities; Prohibition of jobbery, public and private; It is forbidden to seek personal gain by selecting and appointing cadres; It is forbidden to use the influence of authority and position to seek benefits for relatives and friends and staff around them; It is forbidden to talk about ostentation and extravagance, ostentation and extravagance, squandering public funds and ostentation and extravagance.
Thirdly, the Code of Integrity defines the policy boundaries of sensitive issues in the integrity of leading cadres in party member. This paper expounds the concepts, nature and how to understand and grasp the problems such as prohibiting leading cadres in party member from accepting other people's property in violation of regulations, seeking illegitimate interests in the form of trading or entrusting financial management, running enterprises through business, buying and selling stocks, and restricting spouses and children from running enterprises through business.
Second, the general situation and new contents of the party's basic laws and regulations.
(1) Overview
The Code of Integrity is divided into three chapters, including general provisions, code of conduct for clean and honest politics, implementation and supervision, and supplementary provisions *** 18. The Code of Conduct for Incorruptible Politics is the core content, which specifies eight aspects of "prohibition" of leading cadres' political behavior in detail and lists 52 kinds of "no" behaviors in detail. The "fifty-two prohibitions" are very specific and clear. Among them, the newly added provisions, such as prohibiting interference and intervention in market economic activities in violation of regulations, seek personal gain; It is forbidden to be divorced from reality, practise fraud and harm the interests of the masses and the relationship between the party and the masses, which is closely related to reality and is very targeted.
The newly promulgated "Integrity Guidelines" has established the basic guidelines for leading cadres in party member to be honest and clean in politics under the market economy, fully embodies the organic unity of inheritance and innovation, palliative care and permanent cure, principle and operability, and is an important basic law within the party for anti-corruption construction. According to the classification of inner-party laws and regulations, the Code of Integrity belongs to the normative level in the series of inner-party laws and regulations, and the legal level is very high. This means that implementation measures may continue in the future. From the nature category, the principle of good faith belongs to the typical "forbidden law". From the perspective of applicable objects, it is also clearer and more accurate. Article 15 stipulates: party member among the leaders of state-owned and state-controlled enterprises (including state-owned and state-controlled financial enterprises) and their branches; Directly under the authority, county (city, district, banner) party committee members, heads of judicial organs and procuratorial organs, party committee members, heads of villages and towns (streets), and party committee members and heads of grass-roots stations shall refer to this specification. This article further clarifies that all party member, the leading cadres of the company system, are covered in the scope of application.
(2) New content
1, highlighting the prevention of conflicts of interest. The Fourth Plenary Session of the 17th CPC Central Committee called for "establishing and improving the system of preventing conflicts of interest". The so-called "conflict of interest" basically refers to the conflict, violation and infringement between the public interest and self-interest represented by party member leading cadres in their official positions. The term "conflict of interest" is widely used and can be said to be the core of modern anti-corruption legislation. The Canadian government has specially formulated the Code of Conduct on Conflicts of Interest and Post-employment. The most concentrated legal provision in the United States on conflicts of interest is: "No government official or employee may intentionally participate in any special matters that have personal or substantial property interests with him." At the Fourth Plenary Session of the 15th CPC Central Commission for Discipline Inspection, Wei Jianxing, then secretary of the Central Commission for Discipline Inspection, used the concept of "conflict of interest" in his report. The report reads as follows: "Spouses and children of leading cadres at the provincial (ministerial) and prefectural (ministerial) levels are not allowed to engage in business-run enterprise activities that may conflict with public interests within the business scope under the jurisdiction of leading cadres." This is a brand-new concept of clean government used in the official documents of the central government for the first time, and it is also a major breakthrough in China's clean government legislation, especially in the construction of political ethics laws and regulations for party and government leading cadres.
Provisions on preventing conflicts of interest in the Code of Integrity. Incorruptible behavior is defined by the conflict of public interests many times in the Code of Integrity, which mainly includes: First, the general part adds the principle requirement that "we must abide by the party discipline and state laws, be honest and honest, be loyal to our duties, correctly exercise our power, and always maintain the integrity of our duties"; Second, Article 2 of the Code explicitly prohibits "holding shares or securities of unlisted companies (enterprises) in violation of regulations", which makes the provisions for preventing conflicts between the economic activities of individual leading cadres and the public interests more comprehensive; Third, Article 5 explicitly prohibits taking advantage of his position to seek benefits for others, and his specific related party accepts the property of the other party, which makes the provisions on preventing the behavior of the specific related party of leading cadres from conflicting with the public interests more comprehensive; Fourth, Article 7 clearly stipulates that leading cadres shall not interfere and intervene in market economic activities in violation of regulations, which is conducive to preventing the abnormal relationship between public power and market economic activities.
2. Emphasize that leading cadres in party member are forbidden to interfere and intervene in market economic activities in violation of regulations for personal gain. The Code of Integrity (for Trial Implementation) does not solve the problem of leading cadres' intervention and intervention in market economic activities in party member. Under the condition of market economy, leading cadres' illegal intervention and intervention in market economic activities is an important reason. To this end, a special provision has been added to the Code of Good Faith, that is, in Article 7, five typical behaviors of illegal intervention and intervention in market economic activities are prohibited. There are mainly market economy activities such as non-intervention and intervention in construction project contracting, land use right transfer, government procurement, real estate development and management, mineral resources development and utilization, and intermediary services; Shall not interfere with the reorganization and restructuring of state-owned enterprises, mergers and bankruptcies, property rights transactions, asset verification, asset evaluation, asset transfer, major project investment and other major business activities; It is not allowed to interfere with and intervene in all kinds of administrative licensing examination and approval and capital lending; Do not interfere or intervene in economic disputes; It is not allowed to interfere with the use, distribution, contracting and leasing of rural collective funds, assets and resources.
This provision is conducive to preventing the abnormal connection between public power and normal market economic activities among equal subjects and to maintaining the order of socialist market economy.
3. Put forward clear requirements for leading cadres in party member to strengthen their work style construction. General Secretary Hu Jintao proposed at the Seventh Plenary Session of the Central Commission for Discipline Inspection in 2007 that "strengthening the work style of leading cadres is an inevitable requirement for doing a good job in anti-corruption work under the new situation". The Decision of the Central Committee on Strengthening and Improving Party Building under the New Situation adopted by the Fourth Plenary Session of the 17th CPC Central Committee further emphasized the significance of carrying forward the Party's fine work style. Therefore, Article 8 of the "Integrity Guidelines" provides for the outstanding problems existing in the work style construction of leading cadres in party member in practice from six aspects: work style and life style. For example, it is forbidden to engage in "image projects" that waste people's money and "performance projects" that seek fame and reputation; False reporting of work performance is not allowed; It is not allowed to make a big fuss about weddings, funerals and celebrations, causing adverse effects or taking the opportunity to collect money; Not in matters such as social security, policy support, and distribution of disaster relief funds and materials, obviously unfair; It is not allowed to obtain honors, professional titles, degrees and other benefits by improper means; It is forbidden to engage in activities that violate social morality, professional ethics and family virtues.
4. Enriched and improved the implementation supervision system. The Code of Integrity enriches and perfects the implementation and supervision system from two aspects, and designs a specific supervision system. For example, Article 11 stipulates that the various systems of inner-party supervision should be conscientiously implemented, and the supervision and inspection of the implementation of this Code should be strengthened by implementing supervision systems such as democratic life meetings and reporting personal matters; Article 12 stipulates that the implementation of this Code by leading cadres in party member is listed as an important part of the responsibility system for building a clean and honest government and the assessment of cadres. This requires us to further strengthen the supervision and management of leading cadres' implementation of party member's clean government guidelines, and earnestly put prevention first and move forward.
Iii. Interpretation of main terms
The code of conduct against corruption is the core and main part of the code of conduct against corruption. The original "Integrity Guidelines (Trial)" stipulated six provisions in this part, which can be summarized as "six prohibitions and thirty prohibitions". In this part, the "Integrity Guidelines" officially promulgated this time stipulates eight regulations, namely, "Eight Prohibitions and Fifty-two Prohibitions", covering all fields that are prone to corruption in the use of administrative power, including party member leading cadres engaging in profit-making activities privately, illegally intervening in market economy activities, extravagance and waste, and so on, which touches the bottom line of party member leading cadres.
The code of conduct for clean government is mainly divided into six categories:
(1) It is forbidden to seek illegitimate interests.
It is one of the hot issues of social concern for leading cadres in party member to seek illegitimate interests by taking advantage of their authority and position. Leading cadres in party member have great and small powers, and their power and status will inevitably bring some influence. It is an important test for every leading cadre to correctly use his power and position influence. Articles 1 and 3 of the Code of Integrity make specific provisions.
It is forbidden to use the influence of authority and status to seek illegitimate interests.
No: soliciting, accepting or occupying the property of the management service object and other units or individuals related to exercising their functions and powers in the name of loan; Accepting gifts, banquets, travel, fitness, entertainment and other activities that may affect the fair execution of official duties; Accepting gifts and various securities and payment vouchers in official activities; Seek illegitimate interests in the form of transaction or entrusted financial management; Seek benefits by using known or mastered inside information; Illegal occupation of housing, or illegal sale of affordable housing, low-rent housing and other affordable housing.
It is forbidden to violate the regulations on the management and use of public property, serve private interests, and turn public interests into private interests.
Not allowed: reimbursement or payment of expenses that should be borne by individuals with public funds; Borrowing public funds or lending public funds to others in violation of regulations; Private deposit and release of public funds; Traveling with public funds or traveling with public funds in disguise; Participate in high-consumption entertainment and fitness activities with public funds and obtain various forms of club membership; Buying commercial insurance with public funds in violation of regulations, paying housing accumulation fund, and spamming allowances, subsidies and bonuses; Illegal possession of public property, or illegal possession of public property by paying money symbolically; Misappropriation or borrowing of social security funds, housing accumulation funds and other public funds or other financial funds.
-These two articles respectively put forward clear requirements for prohibiting leading cadres in party member from using their powers and positions to seek illegitimate interests and violate the regulations on the management and use of public property. Leading cadres in party member should conscientiously implement these requirements and regulations, resolutely put an end to the influence of taking advantage of their powers and duties, resolutely put an end to accepting money and goods in various names, resolutely put an end to seeking illegitimate interests in various ways, and resolutely put an end to using public funds and public property for personal gain, so as to be self-denying, honest and clean.
Article 1 The so-called use of authority and position influence includes five situations: first, it is directly related to the exercise of authority; Second, it may affect the fair execution of official duties; The third is the behavior in official activities; The fourth is to use the known and mastered inside information; The fifth is intentional violation. The so-called "illegitimate interests" mentioned here are also in various forms, including not only direct money and goods, but also payment vouchers, securities, various activities that need to be paid for banquets, tourism, fitness, etc., and various illegitimate interests that can be measured by monetary value. At the same time, it is an illegitimate interest (including all gifts) directed at others.
Article 3 is about illegitimate interests obtained in violation of the regulations on the management and use of public finance, that is, leading cadres themselves turn public property within their management into illegitimate interests, including their own interests and interests obtained for others, including all or part of the staff, individuals and other personnel of the unit. And this illegitimate interest is also in various forms, which can be calculated by monetary value.
▲ Focus on key points
1. Management and service objects mainly refer to the working objects of administrative organs, the parties involved in the investigation and handling of cases by judicial organs and disciplinary organs, the working objects of organization (personnel) departments, and the management and service objects of departments and units where other leading cadres work within a fixed scope of responsibilities. "Asking for, accepting or possessing the property of the management service object and other units or individuals related to the exercise of their functions and powers in the name of borrowing money" mainly refers to the act of asking for money and goods from the parties receiving management services on their own initiative. The act of asking for goods in disguised form or paying a small amount of money symbolically after asking for goods shall be handled in accordance with the Regulations of China Municipality on Disciplinary Actions against Producers.
2. All gifts that may affect the fair execution of official duties shall be registered and handed over to the public. Those who fail to register or hand in shall be dealt with in accordance with the provisions of the Regulations on Disciplinary Actions in China City.
At present, people attach importance to entrusted financial management. Entrusted financial management has undergone qualitative changes in some leading cadres or cadres in party member. Some individuals or institutions pay bribes in the name of financial management, which is essentially a typical transaction of power and money.
(2) It is strictly forbidden to engage in profit-making activities without permission.
As national public officials with important responsibilities, leading cadres in party member should not only take the lead in observing national laws and party discipline, but also take the lead in observing the special provisions of the party and the state on leading cadres. The leading cadres in party member, a state-owned enterprise, should also abide by the Company Law and relevant regulations on leading cadres. Article 2 of the Code of Integrity stipulates that:
Without permission, it is forbidden to engage in profit-making activities.
Not allowed: individuals or enterprises in the name of others; Holding shares or securities of unlisted companies (enterprises) in violation of regulations; Buying or selling stocks or investing in other securities in violation of regulations; Individuals register companies or invest in shares outside the country (territory); In violation of the provisions of the economic entities, social organizations and other units part-time or part-time remuneration, engaged in paid intermediary activities; Within three years after leaving or retiring, accept the employment of private enterprises, foreign-invested enterprises and intermediaries within the jurisdiction area and business scope of the original post, or engage in profit-making activities related to the business under the jurisdiction of the original post.
—— These regulations effectively cover the main channels and forms that leading cadres in party member may obtain illegal income at present, and comprehensively regulate them from two dimensions of time and space, starting with self-employment. This kind of regulation has a high level of regulation making and implementation pertinence. For example, the prohibition of investment in securities and finance of operating enterprises and holding companies is aimed at two main economic fields: industry and finance; Improper internal and external economic affairs is the spatial regulation of economic activities; Party member's leading cadres are not allowed to take part-time jobs and some behaviors before and after retirement.
▲ Focus on key points
1, individual business-run enterprises, mainly refers to party member cadres' sole proprietorship business-run enterprises, joint ventures, partnerships, or private operations through contracting, leasing, employment, etc. At the same time, it also includes operating an "agency enterprise" (that is, on the surface, the legal representative of the enterprise is someone else, but in essence, the civil servant controls the enterprise).
2. "It is forbidden to own shares or securities of unlisted companies (enterprises) in violation of regulations", which mainly prohibits leading cadres in party member from taking advantage of their powers or positions to participate in unlisted companies.
3. "Companies registered by individuals outside the country (territory)" means that leading cadres in party member engage in commercial and other business activities outside the country (territory) alone or in partnership with others; The so-called "investment in shares" means that leading cadres in party member engage in business and other business activities in the form of personal shares outside the country (territory).
Part-time job and some behaviors before and after retirement are not allowed. It aims to prohibit people from taking advantage of the social relations in their past positions and powers to engage in profit-making activities for private enterprises, foreign-invested enterprises and intermediaries in the areas and business scope under the jurisdiction of their original positions, or to engage in profit-making activities for themselves within three years after retirement.
(3) It is strictly forbidden to select and appoint cadres in violation of regulations.
The main duty of leading cadres is to make suggestions, make good use of cadres, who to use and who not to use, which is related to the cause of the party. In the selection and appointment of leading cadres, it is especially necessary to conscientiously implement the principle of democratic centralism, adhere to the cadre line of meritocracy, and abide by the provisions on the selection and appointment of cadres. Article 4 of the Code of Integrity makes specific provisions:
It is forbidden to select and appoint cadres in violation of regulations.
Not allowed: take improper means to seek jobs for yourself or others; Failing to recommend, inspect, brew, discuss or decide the appointment and removal of cadres according to the prescribed procedures; Unauthorized disclosure of democratic recommendation, democratic evaluation, inspection, brewing, discussion and decision of cadres and other related information; Concealing or distorting the truth in the inspection of cadres; Engage in non-organizational activities such as canvassing in democratic recommendation, democratic evaluation, organization inspection and elections; Taking advantage of his position, privately intervening in the selection and appointment of cadres at lower levels or in the original work areas and units; Work transfer, organizational changes, and sudden promotion and adjustment of cadres; In the selection and appointment of cadres, officials are sealed and vows are made, cronyism is adopted, and graft is practised.
-leading cadres at all levels should conscientiously implement these regulations. On the one hand, we should establish a correct view of power, status and interests, treat our own advance and retreat correctly, strictly observe discipline, keep the overall situation in mind, and consciously obey organizational arrangements; On the other hand, we must adhere to the cadre line and employment standards of the party group of the company, correctly handle the selection and employment of cadres, carry forward the democratic style, select and appoint cadres in strict accordance with conditions and procedures, and effectively select and employ good people for the party and enterprises.
(4) It is forbidden to seek benefits for people around you.
In view of the behavior of leading cadres in party member who use their power to seek benefits for staff, relatives and other close "people around them". Article 5 of the Code of Integrity makes specific provisions:
It is forbidden to use authority and position influence to seek benefits for relatives and staff around them.
Do not: ask or instruct to promote spouses, children and their spouses, other relatives and staff around them; Using public funds to pay for study, training, travel and other expenses of spouses, children and their spouses and other relatives, and asking individuals or institutions to subsidize spouses, children and their spouses and other relatives to settle abroad, study abroad and visit relatives; Obstruct the investigation and handling of cases involving spouses, children and their spouses, other relatives and staff around them; Taking advantage of his position to seek benefits for others, and his parents, spouses, children and their spouses and other specific related parties accept the property of the other party; Acquiescing, conniving and instructing spouses, children and their spouses, other relatives and staff around them to seek personal gain; Provide convenient conditions for spouses, children and their spouses and other relatives to run businesses, or party member leading cadres use their powers to provide convenient conditions for spouses, children and their spouses and other relatives to run businesses; Allowing and conniving spouses, children and their spouses to engage in activities that may conflict with the public interest, such as doing business, running enterprises, social intermediary services, etc. within their jurisdiction and business scope, and holding senior positions appointed and employed by the foreign party in wholly foreign-owned enterprises or Sino-foreign joint ventures within their jurisdiction and business scope; Allow and condone spouses, children and their spouses to engage in business and business activities that may conflict with public interests in the areas and business scope under their jurisdiction after industrial and commercial registration.
-This article clearly defines the corruption of "people around" and makes eight prohibitions on promoting cadres, subsidizing public funds, accepting investigations, seeking personal gain and economic activities. In this way, it goes deep into the "people around" level of leading cadres in party member, and realizes the institutionalization of corruption governance. The key words of this paper are "seeking benefits", "specific related party" and "conflict of interests".
-The so-called "seeking benefits" refers to the behavior of leading cadres in party member who seek benefits for their relatives and staff around them out of self-interest. "Interests" include not only legitimate interests, but also legitimate interests and illegal interests that should not be obtained. That is, the law does not allow the use of the influence of power to seek benefits for relatives and staff around them; Whether the "benefits" are realized has no substantial influence on the responsibility determination of leading cadres in party member, that is, any leading cadre in party member who uses his authority and position to show that his work integrity has been tarnished can be determined. Relatives and staff around them "is a broad concept. Kinship refers to the relationship based on marriage, consanguinity and adoption. "Staff around" generally refers to natural persons who have working and personnel relations with leading cadres in party member.
-the so-called "special relationship person". There are three concepts in this article, namely "spouse, children and their spouses", "special related person" and "staff around". The Code of Integrity treats three people with different identities differently and makes detailed provisions. It should be pointed out that these three concepts overlap. For example, "special relationship" refers to people who have close relatives, mistresses (husbands) and other interests with state employees. Specific stakeholders are identified by interests, not by identity. Therefore, all natural persons who have interests with leading cadres in party member can be included. Interests can be embodied in both economic interests and non-material interests such as political interests. The establishment of the legal concept of "special related party" plays a vital role in the full coverage of the official behavior by the code of clean government.
(5) It is strictly forbidden to interfere in and intervene in market economic activities in violation of regulations.
From the corruption cases exposed in recent years, it can be seen that leading cadres in party member intervene in market economic activities such as land use right transfer and real estate development for personal gain, and other violations are prominent. Article 5 of the Code of Integrity makes specific provisions:
It is forbidden to interfere and intervene in market economic activities in violation of regulations and seek personal gain.
Do not: interfere with and intervene in market economy activities such as contracting out construction projects, transferring land use rights, government procurement, real estate development and management, mineral resources development and utilization, and intermediary services; Intervene and intervene in major business activities such as restructuring, merger and bankruptcy, property rights transaction, asset verification, asset evaluation, asset transfer and major project investment of state-owned enterprises; Intervene and intervene in the examination and approval of various administrative licenses and capital loans; Intervention and involvement in economic disputes; Intervention and intervention in the use, distribution, contracting and leasing of rural collective funds, assets and resources.
With the gradual establishment of the socialist market economic system, the anti-corruption work space is getting bigger and bigger, involving more and more fields, which puts forward new and higher requirements for anti-corruption work. Some new expressions in this part, such as "It is forbidden to interfere with market economic activities in violation of regulations and seek personal gain", are responses to the outstanding problems strongly reflected by the people in the field of anti-corruption and building a clean government in economic construction, closely follow the reality of the party's leadership of economic construction, unify the political ethics of leading cadres in party member with the rules of market operation, and reflect the practical needs of effectively combining anti-corruption and building a clean government with economic construction.
(6) Promote the change of the style of leading cadres in party member.
The ideological style, work style, study style and life style of leading cadres have great influence on the image of the party Committee and government. The style of leading cadres is no small matter, and they can't relax their requirements at any time. Articles 6 and 8 of the Code of Integrity make specific provisions. Article 6 clearly stipulates that extravagance, extravagance and extravagance are prohibited. In terms of specific matters, specific provisions are made from five aspects: reimbursement of public funds, buildings and halls, public accommodation, public transportation and celebrations. Article 8 Provisions shall be made on "performance project", "image project" and fraud. This basically covers the main ways in which leading cadres in party member may have overt corruption, laying the foundation for effective control of overt corruption within the party.
Four, the relationship between the "Integrity Guidelines" and "Several Provisions on the Integrity of Leaders of State-owned Enterprises"
First, the level of "Integrity Guidelines" is higher than "Several Provisions on Integrity of Leaders of State-owned Enterprises". According to the classification of laws and regulations within the Party, the code of clean government belongs to the category of code, which is the basic law within the Party after party constitution. Several Provisions on the Integrity of State-owned Enterprise Leaders in Politics belong to the "prescribed category" and are also important laws and regulations within the Party, but they are specific provisions, and their levels are lower than the "Integrity Guidelines". However, the "Several Provisions on the Integrity of Leaders of State-owned Enterprises in Politics" was jointly issued by the Central Committee and the State Council. According to China's laws, "Several Provisions on the Integrity of Leaders of State-owned Enterprises" belongs to both internal party regulations and national administrative regulations, and has special effect.
Second, the scope of application of the two is different. The principle of good faith applies to all leading cadres in party member, including party and government organs, institutions and township stations, as well as leading cadres at corresponding levels in state-owned enterprises. There are two principles for the subject of application: first, it must be party member; Second, they must be department-level leading cadres as stipulated in the Code of Integrity; Party member, a non-party member cadre and a non-leading cadre, is not included. The main body of the scope of application of "Several Provisions on the Integrity of Leaders of State-owned Enterprises" refers to the leaders of state-owned and holding enterprises, and it is clear that other managers of state-owned enterprises and those who have management functions for state-owned assets of non-state-owned enterprises refer to it. This includes not only party member leading cadres, but also non-party member leading cadres; It is not only applicable to state-owned enterprise leaders, but also to other state-owned enterprise managers with specific responsibilities.
Third, the implementation of the "Integrity Guidelines" and "Regulations" by the personnel of state-owned enterprises. Leading cadres in party member, a state-owned enterprise, should strictly implement the "Several Provisions on the Integrity of Leaders in State-owned Enterprises". In accordance with the relevant principles of laws and regulations: only the "Guidelines for Honest Practice" has provisions, but the "Several Provisions on Honest Practice for Leaders of State-owned Enterprises" has no provisions, the provisions of the "Guidelines" shall be implemented; Similarly, there are provisions in "Several Provisions on the Integrity of Leaders of State-owned Enterprises", but there is no provision in "Integrity Guidelines" to implement "Several Provisions on Integrity of Leaders of State-owned Enterprises". In short, these two laws and regulations should be seriously implemented. The Code of Integrity refers to the implementation of the leaders of state-owned enterprises in party member, so we should consider the spirit of Several Provisions on the Integrity of Leaders of State-owned Enterprises and the spirit of other legal systems to determine the implementation method, but it must be clear that "reference implementation" must also be implemented, not executable, and should be comprehensively grasped in combination with relevant legal systems.
At present, it is necessary to take the opportunity of studying the Code of Integrity and implementing the Provisions on Honest Politics for Leaders of State-owned Enterprises, and strive to enhance the institutional awareness of leading cadres and standardize their honest politics behavior. This year, the party group of the company has incorporated the Code of Integrity into the theoretical study of party groups at all levels. Through various channels, the publicity and implementation have been intensified, which has enabled party member cadres to fully grasp the basic requirements and main contents of the code of integrity and enhance their awareness of integrity.