Exploiting the power or influence of the position to seek benefits for others

Regulations on Disciplinary Actions of the Communist Party of China

Article 85: Party members and cadres must correctly exercise the powers given to them by the people, be honest and honest, and oppose any abuse of power or pursuit of personal gain.

Where authority or the influence of one's position is used to seek benefits for others, and the person's spouse, children, their spouses, or other relatives or other persons with specific relationships accept property from the other party, and the circumstances are more serious, a warning or serious warning is to be given; where the circumstances are serious, sanctions of removal from internal Party positions, Party probation, or expulsion from the Party are to be given.

Article 86: Where each other uses their authority or influence to seek benefits for the other party, their spouses, children and their spouses, and other relatives, staff members, and other persons with specific relationships, they are to be given warnings or serious warnings; 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.

Legal analysis: giving warnings or serious warnings; where the circumstances are serious, sanctions of removal from internal Party positions, Party probation, or expulsion from the Party are to be given. Where spouses, children, their spouses, and other relatives and staff around them are connived at or acquiesced in using their authority or the influence of their positions to seek personal gain, and the circumstances are less serious than those of the spine, warnings or serious warnings are 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.

Legal basis: "Amendments to the Criminal Law of the People's Republic of China" 10. Amend the first paragraph of Criminal Law article 163 to read: "Where a staff member of a company, enterprise, or other unit takes advantage of his position to solicit other people's property or illegally accept other people's property by omission to seek benefits for others, and the amount is relatively large, he is to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 years or more imprisonment or indefinite imprisonment is to be given, and a concurrent fine. ”

Abuse of authority or influence of position: Violation of relevant provisions to occupy public property for personal use for more than six months is to be given a warning or serious warning, and if the circumstances are serious, the punishment of removal from internal Party positions is given; where public property is occupied for profit-making activities, a warning or serious warning is to be given, and where the circumstances are more serious, removal from internal Party positions or Party probation are to be given; Where public property is lent to others to carry out for-profit activities, and the circumstances are serious, expulsion from the Party is to be given.

It is forbidden to use the power and influence of the position to seek improper benefits. The following acts are not permitted.

1.soliciting, accepting, or borrowing the property of management and service recipients and other units or individuals related to the exercise of authority;

2.Accepting gifts, banquets, travel, fitness, entertainment and other activities that may affect the fair performance of official duties;

3.Accept cash gifts and various valuables and payment vouchers in official activities;

4.seeking improper benefits in the form of poor trading posture and entrusted financial management;

5.using inside information known or in our possession for profit;

6.Occupying more housing in violation of regulations, or buying and selling affordable housing, low-rent housing, and other affordable housing in violation of regulations.

Legal Analysis: Suspected of embezzlement. Where the staff of a company, enterprise, or other unit takes advantage of their position to solicit property from others or illegally accept property from others, seeking benefits for others, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and a concurrent fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;

Legal basis: Article 163 of the Criminal Law of the People's Republic of China: Where a staff member of a company, enterprise, or other unit takes advantage of his position to solicit property from others or illegally accept property from others, thereby seeking benefits for others, and the amount is relatively large, he shall be sentenced to up to three years imprisonment or short-term detention and shall also be fined; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine. Where a staff member of a company, enterprise, or other unit takes advantage of his position to violate state regulations by accepting kickbacks or commissions in various names, which are owned by individuals, they shall be punished in accordance with the provisions of the preceding paragraph.

Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, commit the conduct in the preceding two paragraphs, they are to be convicted and punished in accordance with the provisions of articles 385 and 386 of this Law.