Can the spouses, children, and other relatives of leading cadres in China open companies and run ent

Yes, but leading cadres.

It is not possible to provide job facilitation to the company or business of relatives such as spouse and children.

Regulations on Disciplinary Actions of the Communist Party of China.

The provisions are as follows: Article 95: Where authority or influence is used to seek benefits for spouses, children, their spouses and other relatives and other persons with specific relationships, in areas such as approval and supervision, resource development, financial credit, bulk procurement, transfer of land use rights, real estate development, project bidding and bidding, and public financial expenditures, and the circumstances are relatively minor, a warning or serious warning is to be given;

where the circumstances are more serious, sanctions of removal from internal Party positions or Party probation are to be given; where the circumstances are serious, they are to be expelled from the Party.

Exploiting the power or influence of one's position to solicit deposits or promote financial products for spouses, children, their spouses and other relatives and other persons with specific relationships.

It is not allowed to set up a company locally. Taking Chongqing as an example, the details are as follows:

According to the "Provisions on Further Regulating the Conduct of Spouses, Children and Their Spouses of Leading Cadres in Doing Business and Running Enterprises in the Municipality (Trial)".

Article 4 The conduct of doing business and running an enterprise regulated by these provisions is:

1) The spouses of leading cadres at the municipal level shall not engage in business or run enterprises, and their children and their spouses shall not engage in business or run enterprises in this city.

2) Deputy Secretary-General of the Municipal Party Committee, Deputy Secretary-General of the Standing Committee of the Municipal People's Congress, Municipal People's Congress, Municipal People's Political Consultative Conference, Municipal Commission for Discipline Inspection, Municipal Party Committee Departments, Municipal Departments and Units, District and County (Autonomous County) Party Committees, Standing Committee of the National People's Congress, Municipal People's Political Consultative Conference, and the spouse of the municipal management of public institutions authorized to exercise administrative power in accordance with the law shall not engage in business or run enterprises;

Their children and their spouses are not allowed to engage in business or run enterprises within their jurisdiction or business scope, and they must not engage in business or enterprise activities in the city that may conflict with the public interest.

The spouses of members of the leading group of the Municipal High Court and the Intermediate Court, the Municipal Procuratorate and the Procuratorate Branch, and the Municipal Public Security Bureau shall not engage in business or run enterprises; Their children and their spouses are not allowed to engage in business or run enterprises within their jurisdiction or business scope, and they must not engage in business or enterprise activities in the city that may conflict with the public interest.

3) The spouses of the principal leaders of the municipal management of state-owned enterprises shall not engage in business or run enterprises; Their children and their spouses, and the spouses, children and their spouses of the deputy leaders of the municipal management shall not engage in business or run enterprises within the scope of business of the enterprises and affiliated enterprises where the leaders work, and shall not engage in business or enterprise activities that may conflict with the public interest in the city.

4) The spouses, children, and spouses of other leading cadres must not engage in business or run enterprises within the jurisdiction or scope of business of leading cadres, and must not engage in business or enterprise activities that may conflict with the public interest in the city.

5) The spouses, children, and spouses of leading cadres must not engage in business activities in areas or enterprises where leading cadres have held leading positions.

Three. Ten.

4. It is not allowed to provide facilitation conditions for spouses, children, their spouses, and other relatives to do business or run enterprises, or for Party members and leading cadres to use their authority to provide facilitation conditions for each other's spouses, children, spouses, and other relatives to do business or run enterprises.

This item is a prohibition on providing facilitation for relatives and friends to do business or run enterprises. All along, the phenomenon of some party-member leading cadres taking advantage of their powers and the influence of their positions to provide convenience and preferential conditions for their spouses, children, their spouses, and other relatives to do business and run enterprises has seriously harmed the interests of the state and the masses, disrupted the economic order, caused unfair social distribution, corrupted the party's work style, government style, and social atmosphere, and interfered with and hindered the reform process.

The so-called "convenience and preferential conditions" here refers to the behavior of leading cadres of Party members who use their power and influence to dredge up relationships and exert influence on their spouses, children and their spouses and other relatives to do business and run enterprises, or to provide preferential policies and other preferential conditions to their spouses, children and their spouses and other relatives. In the course of their work, leading cadres with party members should establish working relationships with all aspects of the upper and lower levels, and this is necessary for leading cadres to perform their duties. A good working relationship is beneficial to strengthen coordination and cooperation with each other and reduce friction and blockage.

However, a small number of leading cadres have turned this kind of working relationship into a relationship of personal gain, and when their spouses, children, spouses, and other relatives do business and run enterprises, they write notes, greet them, and exert influence, so that they are in a special advantageous position in market competition. This kind of behavior has seriously disrupted the normal economic order, and all kinds of disciplinary cases have been bred as a result, all of which are closely related to this. In the process of establishing a socialist market economy, it is an issue that we must attach great importance to effectively preventing the principle of commodity exchange and the idea of privilege from invading the political life of the party and the state and into the professional behavior of party-member leading cadres.

Legal Analysis: Yes. However, enterprise leaders are not allowed to entrust, lease, or contract state-owned assets to their spouses, children, or other persons with specific relationships for their operations, and they must not use their authority to provide facilitation conditions for their spouses, children, or other persons with specific relationships to engage in profit-making business activities.

According to the relevant laws and regulations, if a director or manager of a state-owned company or enterprise takes advantage of his position to operate a business of the same kind as the company or enterprise for which he or she works, and obtains illegal benefits, and the amount is huge, he shall be investigated for criminal responsibility in accordance with law.

Legal basis: Article 165 of the Criminal Law of the People's Republic of China: Where a director or manager of a state-owned company or enterprise takes advantage of his position to operate or for others a business similar to the company or enterprise for which he or she works, and obtains illegal benefits, and the amount is huge, he shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount involved is especially huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Legal Analysis: No.

Legal basis: "Several Provisions on the Honest Practice of Leaders of State-owned Enterprises" Article 6 Leaders of state-owned enterprises shall correctly exercise the right of operation and management to prevent the occurrence of acts that may infringe on the public interest and the interests of the enterprise. Do not do the following:

1) The spouse, children and other persons with specific relationships invest in the affiliated enterprises of the enterprise or the enterprises with which the enterprise has a business relationship;

2) Entrusting, leasing or contracting state-owned assets to spouses, children and other persons with specific relationships for operation;

3) Utilizing authority to facilitate for-profit business activities for spouses, children, and other persons with specific relationships;

4) Using their authority to facilitate each other's participation in for-profit business activities for each other, their spouses, children, and other persons with specific relationships;

5) The economic and business dealings between the enterprise invested or operated by the spouse, children and other specified related persons that may infringe upon the public interest or the interests of the enterprise with the enterprise or the enterprise with which the investor has a relationship with the investor;

6) In accordance with the provisions of the recusal of office and official recusal should be carried out but there is no recusal;

7) Within three years after resignation or retirement, hold a position or invest in a private enterprise, a foreign-funded enterprise or an intermediary agency that has a business relationship with the former enterprise, or engage in business activities related to the business of the former enterprise or institution in the above-mentioned enterprises or institutions;

8) Other acts that may infringe on the public interest or the interests of enterprises.

Legal Analysis: No.

Legal basis: "Several Provisions on the Honest Practice of Leaders of State-owned Enterprises" Article 6 Leaders of state-owned enterprises shall correctly exercise the right of operation and management to prevent the occurrence of acts that may infringe on the public interest and the interests of the enterprise. Do not do the following:

1) The spouse, children and other persons with specific relationships invest in the affiliated enterprises of the enterprise or the enterprises with which the enterprise has business relations;

2) Entrusting, leasing or contracting state-owned assets to spouses, children and other persons with specific relationships for operation;

3) Exploiting authority to facilitate the engagement of for-profit business activities by spouses, children, and other persons with specific relationships;

4) Using their authority to facilitate each other's participation in for-profit business activities for each other, their spouses, children, and other persons with specific relationships;

5) The economic and business dealings between the enterprise invested or operated by the spouse, children and other specified related persons that may infringe upon the public interest or the interests of the enterprise with the enterprise or the enterprise with which the investor has a relationship with the investor;

6) In accordance with the provisions of the recusal of office and official recusal should be carried out but there is no recusal;

7) Within three years after resignation or retirement, in private enterprises, foreign-funded enterprises and intermediary machinery and fluids that have business relations with the original enterprise, hold a position of rebellion, invest in shares, or engage in business activities related to the business of the original enterprise in the above-mentioned enterprises or institutions;

8) Other acts that may infringe on the public interest or the interests of enterprises.