What are governmental sanctions, and there are several types of governmental sanctions

Administrative disciplinary sanctions are a general term for administrative sanctions and disciplinary sanctions.

Administrative sanctions are punishments imposed by the supervision department on civil servants;

Disciplinary punishment is the punishment of Party members by the Discipline Inspection Committee;

There are six types of administrative disciplinary sanctions: warnings, demerits, major demerits, demotion, dismissal, and expulsion.

Party discipline punishment is a necessary means of education and punishment for Party members who violate discipline. There are five types of Party discipline sanctions stipulated in the Party Constitution, which can also be said to be five different levels: warning, serious warning, removal from internal Party positions, Party probation, and expulsion from the Party.

For example, a civil servant, who is also a party member, may be punished by two departments if he makes a mistake; If it's not a party.

will only be punished by the supervision department, but will not be punished by the discipline inspection department;

After the establishment of the Supervision Commission, the objects of supervision include not only the staff of administrative organs, but also personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs to manage public affairs in accordance with law, and managers of state-owned enterprises. The "administrative disciplinary sanctions" used before the reform were mainly aimed at administrative organs and their staffs, and the scope of application was too narrow. The scope of use of "governmental sanctions" is broader than that of "administrative disciplinary sanctions", including not only civil servants but also other public officials exercising public power, embodying the basic spirit of equal power and responsibility, and accountability for failure to do so.

Governmental sanctions refer to where public employees have violations of laws and regulations and shall bear legal responsibility, before the promulgation of the national law on governmental sanctions for public employees, the Supervision Organs may be based on the specific identity of the public employees under investigation, and in accordance with relevant laws, regulations, decisions, and rules on the illegal conduct and the provisions on applicable sanctions.

The Supervision Law (Article 45, Paragraph 2) stipulates that, on the basis of the results of supervision and investigation, the Supervision Organs "shall make decisions on governmental sanctions such as warnings, demerits, major demerits, demotions, removals, and dismissals of public employees who violate the law in accordance with legal procedures."

It can be seen that the decision on governmental sanctions not only includes the six punishment methods of suppression, but also leaves room for legislation to resist aggressiveness or legal interpretation.

Legal Analysis: There are six types of governmental sanctions. On the basis of relevant laws and regulations, the Supervision Organs are to make governmental sanction decisions such as warnings, demerits, major demerits, demotion, removal, and expulsion of public employees who violate the law in accordance with legally-prescribed procedures.

Administrative sanctions are limited to the staff of administrative organs and are given in accordance with administrative affiliation. However, governmental sanctions are aimed at all public employees who exercise public power, that is, including not only the staff of administrative organs, but also the legislature, judicial organs, public institutions, and social organizations, and all public employees who exercise public power should be punished and sanctioned as long as they violate laws and disciplines and should be punished and sanctioned.

Legal basis: "Regulations on the Punishment of Civil Servants of Administrative Organs" Article 6: The types of sanctions for civil servants of administrative organs are: (1) warnings; (2) Demerits; (3) Recording a major demerit; (4) De-escalation; (5) Removal from office; (6) Expulsion of leads.

The Supervision Law (Article 45, Paragraph 2) stipulates that, on the basis of the results of supervision and investigation, the Supervision Organs "shall make governmental sanction decisions such as warnings, demerits, major demerits, demotion, removal, or dismissal of public employees who violate the law in accordance with legal procedures."

It can be seen that government sanction decisions not only include six types of sanctions, but also leave room for legislation or legal interpretation.

There are six types of governmental sanctions. China's relevant laws and regulations provide for public employees who violate the law to make governmental sanction decisions such as warnings, demerits, major demerits, demotion, removal, and expulsion in accordance with legal procedures. It can be seen that the decision on governmental sanctions not only includes six types of sanctions, but also leaves room for legislation or legal interpretation.

From the perspective of the main body, the subject of administrative sanctions is the supervision organs of the people's ** at or above the county level, and the subjects of government sanctions are the supervision organs at all levels. The scope of governmental sanctions has also been expanded compared to the original scope of administrative sanctions.

Differences between governmental sanctions and disciplinary sanctions:

The targets of monitoring are different. In the past, the objects of supervision were mainly the staff of administrative institutions, but after the promulgation of the new Supervision Law, the scope of supervision of government affairs sanctions has been wider; in addition to the original objects of supervision, it also covers other public employees who exercise public power in accordance with the law, such as personnel engaged in management functions in grass-roots mass organizations, staff members of people's congress organs, staff members of CPPCC organs, and so on, thus embodying the basic spirit of equal power and responsibility and accountability for failure to do so.

Targets who have received administrative disciplinary sanctions in the past meet the requirements for removal after the completion of the sanction period, they must submit an application and obtain the approval of the sanction organ before they can be lifted, and governmental sanctions make it clear that public employees who meet the requirements for removal after the completion of the governmental sanction period will have their governmental sanctions automatically lifted, and it is specifically provided that the staff of public institutions may be lifted in advance after performing relevant formalities if they have made meritorious contributions or other such performance.

Further information: Governmental sanctions are punishments given by the supervision organs to public employees who violate the law. The types of governmental sanctions are:

a) Warning; (2) Demerits;

(3) Recording a major demerit;

(4) De-escalation; (5) Removal from office;

6) Expulsion. This is consistent with the Supervision Law's provisions on the types of governmental sanctions. Among them, warnings, demerits, major demerits, and demotion-demotion are minor governmental sanctions, and dismissal and expulsion are severe governmental sanctions.

At the same time, the first paragraph of article 8 of the Governmental Sanctions Law stipulates the corresponding punishment period for different types of governmental sanctions, namely:

a) warning, six months;

2) demerits, 12 months;

3) Eighteen months for a major demerit;

4) Demotion or dismissal, 24 months.

Legal basis: Law of the People's Republic of China on Governmental Sanctions for Public Employees

Article 9: Where two or more public employees jointly violate the law, governmental sanctions are to be given separately on the basis of their respective roles in the illegal conduct and the legal responsibility they should bear.

Article 10: Where relevant organs, units, or organizations collectively make decisions that violate the law or carry out illegal acts, they are to be given governmental sanctions in accordance with law to the leaders and directly responsible leaders and directly responsible personnel.

Legal analysis: Second, there are four differences between governmental sanctions and sanctions: first, the subject is different, and the subject of governmental sanctions is the supervision organ; The subject of sanctions is the organ or unit for the appointment and removal of public employees.

Second, the targets are different, and governmental sanctions apply to all public employees exercising public power; Sanctions only apply to public employees appointed or removed by the organs or units that appoint or remove them.

Legal basis: Article 6 of the Administrative Punishment Law of the People's Republic of China: Citizens, legal persons or other organizations enjoy the right to make statements and defenses against administrative punishments given by administrative organs; If they are not satisfied with the administrative punishment, they have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

People's Republic of China Government Sanctions Law" Article 15: Where public employees have two or more violations, governmental sanctions shall be separately determined. Where two or more governmental sanctions shall be given, the heaviest of them is to be enforced; Where multiple of the same governmental sanctions below removal shall be given, the period of governmental sanction may be determined for a period of more than one governmental sanction and less than the sum of the multiple governmental sanction periods, but the maximum must not exceed 48 months.

Depending on the procedure to be carried out, the organ that made the decision to sell celery and the object of the punishment are also different.

Governmental sanctions: The State Supervision Organs are to give disciplinary sanctions and punishments to all public employees exercising public power.

Administrative sanction: It is a kind of punitive measure given by the state administrative organ to the staff of the administrative organ who has violated the law and dereliction of duty in accordance with the administrative subordination.

The target of administrative punishment is the staff of the administrative organs, and it includes six means: warning, demerit, major demerit, demotion, dismissal, and dismissal. Governmental sanctions are imposed on all public officials who exercise public power. Sanctions are more extensive than administrative sanctions.

Governmental sanctions are disciplinary sanctions and punishments given by the state supervision organs to all public employees who are instructed to exercise public power, including the staff of administrative organs, adjudication organs, procuratorial organs, public institutions, and managers of grass-roots mass autonomous organizations, managers of enterprises, and other public employees exercising public power.

Article 13: In any of the following circumstances, public employees shall be given heavier governmental sanctions:

1) Intentionally violating the law again during the period of governmental sanctions, and shall receive governmental sanctions;

2) Preventing others from making reports or providing evidence;

3) Collusion of confessions or fabrication, concealment, or destruction of evidence of slag;

4) Harboring persons in the same case;

5) Coercing or instigating others to commit illegal acts;

6) Refusal to hand over or return unlawful gains;

7) Other aggravating circumstances provided for by laws and regulations.

Governmental sanctions are punishments given by the Supervision Organs to public employees who violate the law. Prior to the implementation of the Law on Governmental Sanctions for Public Employees, the basis for governmental sanctions was mainly the Supervision Law, the Civil Servants Law, the Judges Law, the Procurators Law, the Regulations on the Punishment of Public Officials of Administrative Organs, and the Interim Provisions on the Punishment of Personnel of Public Institutions. After the implementation of the Law on Governmental Sanctions for Public Employees, it has become an important legal basis for governmental sanctions, and the Law focuses on coordination and convergence with other laws, regulations, and rules, which is conducive to advancing the legalization and standardization of governmental sanctions.

According to the law on governmental sanctions for public employees, there are six types of governmental sanctions: warnings, demerits, major demerits, demotion, dismissal, and expulsion. The period of administrative sanctions is: warning, six months; demerits, twelve months; Eighteen Liang Duan months; Demotion, dismissal, twenty-four months.