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The punishment is an internal act of the public servant and the internal organ of the institution, and after retirement, there will be no establishment, and it will not be an administrative sanction, but should be a corresponding punishment.
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Yes, public employees who have violated the law and should be subject to governmental sanctions, and who have retired before the illegal conduct is discovered, are not suitable to be given governmental sanctions because they are no longer performing their official duties at work, but they should still bear the legal consequences brought about by engaging in illegal acts, and retirement is not a shield for evading legal responsibility. In accordance with the provisions of the "Supervision Law of the People's Republic of China" and the "Government Sanctions Law", the Supervision Organs and so forth may open a case for investigation of retired public employees who have committed illegal conduct before retirement, and they are not unable to have jurisdiction because they have retired. Where a retired public employee commits illegal acts after retirement, he or she may still be investigated in accordance with the provisions of the Directive.
This is mainly due to the fact that abiding by rules and regulations, being honest and self-disciplined, and maintaining high moral integrity should be the unchanging pursuit of the vast number of public officials throughout their lives, and should not be disturbed by laxity and balance due to retirement. Moreover, after the retirement of public officials, the influence they formed during their tenure still exists, and their illegal acts will still have a negative impact on the masses of the people and damage the image of the party and the state.
What is the definition of retirement.
Those who meet one of the following conditions should retire:
1. Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years;
2. Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor or other work harmful to physical health, male at least 55 years old, female at least 45 years old, with 10 years of continuous service.
Legal basisLaw of the People's Republic of China on Governmental Sanctions for Public Employees
Where retired public employees who have already retired have illegal conduct before or after retirement, they are no longer to be given governmental sanctions, but a case may be opened for investigation; Where they shall be demoted, removed, or dismissed in accordance with law, their benefits shall be adjusted accordingly in accordance with provisions, and their illegally obtained property and personal property used for illegal conduct shall be disposed of in accordance with the provisions of article 25 of this Law.
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Legal analysis]: If you have already retired, you can still be punished. The impact and consequences of governmental sanctions are mainly reflected in aspects such as positions, ranks, levels, and salaries.
Public employees who have violated the law and should receive governmental sanctions, and who have retired before the illegal conduct is discovered, are not suitable to be given a suspended governmental sanction because they are no longer performing their official duties at work, but they should still bear the legal consequences brought about by engaging in the illegal conduct, and retirement is not a shield for evading legal responsibility.
Legal basis"Law of the People's Republic of China on Governmental Sanctions for Public Employees" Article 27: Where retired public employees have illegal conduct before or after retirement, they are no longer to be given governmental sanctions, but they may be opened for investigation; Where they shall be demoted, removed, or dismissed in accordance with law, their benefits shall be adjusted accordingly in accordance with provisions, and their illegally obtained property and personal property used for illegal conduct shall be disposed of in accordance with the provisions of article 25 of this Law. Where persons who have already left their posts or have died returning from public office have illegal conduct during the performance of their duties, it is to be handled in accordance with the provisions of the preceding paragraph.
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Legal Analysis: The impact and consequences of governmental sanctions are mainly reflected in the aspects of position, rank, level, and salary. Public employees who have violated the law and should be subject to governmental sanctions, and who have retired before the illegal conduct is discovered, are not suitable to be given governmental sanctions because they are no longer performing their official duties at work, but they should still bear the legal consequences brought about by engaging in the illegal conduct, and retirement is not a shield for evading legal responsibility.
Legal basis: "Law of the People's Republic of China on Sanctions for Pre-Governmental Repentance by Public Employees" Article 27: Where retired public employees have illegal conduct before or after retirement, they are no longer to be given governmental sanctions, but may file a case for investigation; Where they shall be demoted, removed, or dismissed in accordance with law, their benefits shall be adjusted accordingly in accordance with provisions, and their illegally obtained property and personal property used for illegal conduct shall be disposed of in accordance with the provisions of article 25 of this Law. Old regrets roll.
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According to the Civil Servants Law of the People's Republic of China:
Article 93 Civil servants who meet any of the following requirements may retire early upon voluntary application and with the approval of the appointment and removal organs
1) The number of years of service is 30 years or more;
2) Less than five years from the retirement age prescribed by the state, and having worked for 20 years or more;
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The conditions for retirement are subject to the records in the file, if there is no error in the file, then there is an error in your rank before retirement and it cannot be corrected after retirement.
Retired employees can go to the original archiving department to inquire about the files, and the specific query place should be determined according to the preservation of their own files. The general storage institutions of archives are: >>>More