Can a public official be dismissed from public office if he or she is administratively detained?

A public official who is placed in administrative detention will leave a criminal record, but will generally not be dismissed from public office. Administrative detention is not a criminal punishment for a criminal offense, and there is generally no sanction of dismissal from public office, unless the circumstances are more serious.

Legal Analysis: Administrative detention is not a criminal offense and is generally not dismissed from public office unless the circumstances are serious.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 Where an employer falls under any of the circumstances, the worker may terminate the labor contract: (1) failing to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 Under any of the following circumstances, the employer may terminate the labor contract: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The administrative detention of public officials is not the same, and Hu Qingding will be dismissed from public office. However, warnings may be given; Demerit; major demerits; Demote; Dismissal and other sanctions. The period during which civil servants of administrative organs are punished is:

a) warning, 6 months; (2) Demerits, 12 months; (3) Recording a major demerit for 18 months; (4) Demotion or dismissal, 24 months.

Legal basis: Regulations on the Punishment of Civil Servants of Administrative Organs (2007).

Article 2: Where civil servants of administrative organs violate laws, regulations, rules, or decisions and orders of administrative organs, and shall bear disciplinary responsibility, sanctions are to be given in accordance with these Regulations.

Where laws, other administrative regulations, or decisions have provisions on the punishment of civil servants of administrative organs, they are to be implemented in accordance with the provisions of that law, administrative regulations, or decisions; Where laws, other administrative regulations, or decisions have provisions on violations of law and discipline that former agents of administrative organs should be punished, but do not provide for the range of sanctions, the provisions on the range of sanctions in Chapter III of these Regulations shall apply.

Local regulations, departmental rules, and local ** rules may supplement the provisions of violations of law and discipline that are not provided for in Chapter III of these Regulations, and the corresponding range of sanctions. In addition to the Supervision Organs and Personnel Departments, other departments formulating sanctions rules shall be jointly formulated with the Supervision Organs and Personnel Departments.

Except for laws, regulations, rules, and decisions, administrative organs must not set up administrative organ civil servant sanctions in other forms.

Administrative detention is not a criminal offense and is generally not subject to dismissal from public office, except in aggravating circumstances. During the period of administrative detention, public employees who have not been dismissed are to be suspended from their salaries and benefits, and living expenses are calculated at 75% of their original basic salary, and the number of years of service is not calculated.

Administrative detention is a punitive measure taken by the public security organs in accordance with the law to restrict the personal freedom of citizens who violate the order of administrative management.

1. The meaning of administrative detention (public security detention).

Administrative detention refers to a type of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal liberty of a person who violates administrative laws and norms for a short period of time in accordance with the law.

Administrative detention is carried out in detention centers, not detention centers.

The power to adjudicate administrative detention belongs to the public security organs at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days.

After the decision to promote or retain an administrative detention is announced, during the period of application for reconsideration and administrative litigation, the punished person and his relatives find a guarantor or pay a guarantee deposit in accordance with regulations, they may apply to the administrative entity to suspend the execution of administrative detention.

Administrative detention is different from criminal detention and judicial detention.

1. Administrative detention is different from criminal detention. The former is a punitive measure taken against a person who violates public security administration regulations in accordance with administrative laws and regulations; The latter is a criminal coercive measure taken in accordance with the provisions of the Criminal Procedure Law to temporarily deprive a criminal suspect of his personal liberty.

2. Judicial detention is different from judicial detention. The latter is a compulsory measure of temporary deprivation of personal liberty imposed by the people's court on a person who obstructs civil or administrative litigation procedures in accordance with the provisions of the procedural law.

Article 39 of the Labor Contract Law of the People's Republic of China provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

(2) Seriously violating the rules and regulations of the employer;

(3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer;

(4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer;

(5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;

(6) Those who have been pursued for criminal responsibility in accordance with law.

Administrative detention of a public official does not necessarily require dismissal from public office. (1) Warnings; (2) Remembering the grind and closing the past; (3) Reducing the level of a post or removing one's position; (4) Expulsion. Among them, the punishment of removal from a blind shirt or separation of duties applies to the staff of public institutions appointed by administrative organs.

Article 88 of the Civil Servants Law provides that civil servants shall be dismissed under any of the following circumstances: (1) they have been determined to be incompetent in annual evaluations for two consecutive years; (2) They are incompetent for their current job and do not accept other arrangements; (3) Where it is necessary to adjust the work due to the adjustment, abolition, merger, or reduction of the staffing of the organ to which they belong, and they refuse to make reasonable arrangements; (4) Failure to perform civil servant obligations, failure to abide by laws and civil servant discipline, and no change after education, making them unfit to continue working in an organ, and not appropriate to give a sanction of dismissal; (5) Absenteeism from work, going out on business, or failing to return within the time limit without a legitimate reason, or more than 30 days in a year.