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There are six types of administrative sanctions, from mild to severe: warning, demerit, major demerit, demotion, dismissal, and dismissal.
There are five types of disciplinary sanctions against Party members, including warnings, serious warnings, removal from internal Party positions, Party probation, and expulsion from the Party.
Legal analysis
Lost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.
4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:
The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.
7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Legal basis
Administrative Coercion Law of the People's Republic of China Article 17: Administrative coercive measures are to be implemented by administrative organs provided for by laws and regulations within the scope of their statutory authority. The power of administrative compulsory measures must not be delegated. Administrative organs exercising relatively centralized administrative punishment power in accordance with the provisions of the "Administrative Punishment Law of the People's Republic of China" may implement administrative compulsory measures related to administrative punishment power as provided for by laws and regulations.
Administrative compulsory measures shall be carried out by qualified administrative law enforcement personnel of administrative organs, and must not be carried out by other personnel.
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Warnings, demerits, major demerits, demotion, dismissal, expulsion.
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Legal analysis: Civil servant sanctions include: warnings, demerits, major demerits, good demotion of good reeds, dismissal, and dismissal. The heaviest penalty is expulsion.
Legal basis: According to Article 62 of the "Law of the People's Republic of China on the Confession of Civil Servants": sanctions are divided into: warnings, demerits, major demerits, demotion, dismissal, and dismissal.
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Legal Analysis: The types of governmental sanctions for public servants are: warnings, demerits, major demerits, demotion, dismissal, and dismissal. Among them, heavy sanctions include: demotion, dismissal and expulsion.
Legal basis: According to article 7 of the "Law of the People's Republic of China on Governmental Sanctions for Public Employees": The types of governmental sanctions are: (1) warnings; (2) Demerits; (Three Travels) Record a major demerit; (4) De-escalation; (5) Removal from office; (6) Expulsion.
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Legal analysis: Administrative light punishment refers to the following types of punishment:
1. Light Party discipline sanctions include warnings and serious warnings; Heavy sanctions include removal from internal Party positions, Party probation, and expulsion from the Party;
2. Minor punishments for administrative disciplinary sanctions include warnings, demerits, major demerits, and demotions; Heavy sanctions include removal or dismissal.
Administrative sanction is a punitive measure given by the state administrative organ to a public servant of a state organ who has violated the law or dereliction of duty in accordance with the administrative subordinate relationship, including warnings, demerits, major demerits, demotion, dismissal, and dismissal.
Legal basis: Article 7 of the "Regulations on the Punishment of Civil Servants of Administrative Organs" The period for civil servants of administrative organs to be punished is:
a) warning, 6 months;
2) demerits, 12 months;
3) 18 months for a major demerit;
4) Demotion or dismissal, 24 months.
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Legal Analysis: "Lenient sanctions" refers to giving lighter sanctions within the range of sanctions that should be received for violations of discipline as provided for in these Regulations. "Aggravated sanctions" refers to giving a sanction in addition to the range of sanctions that should be received for violations of discipline as provided for in these Regulations.
Legal basis: "Regulations on Disciplinary Sanctions of the Communist Party of China" Article 17: In any of the following circumstances, the punishment may be mitigated or commuted:
1) Voluntarily confessing issues that they should receive Party disciplinary sanctions;
2) In the course of organizing verification and case filing and review, they are able to cooperate with verification and review efforts, and truthfully explain the facts of their own violations of discipline or law;
3) Reporting issues in which co-defendants or other persons should be subject to Party discipline sanctions or legal prosecution is verified to be true upon investigation;
4) Actively recovering losses, eliminating negative impacts, or effectively preventing harmful outcomes from occurring;
5) Voluntarily handing over the proceeds of a violation of discipline;
6) Other meritorious performances.
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Legal analysis: There are six types of administrative sanctions, from light to severe: warning, demerit, major demerit, demotion, dismissal, and dismissal.
Article 63 of the Civil Servants Law of the People's Republic of China: The punishment of civil servants shall be based on clear facts, conclusive evidence, accurate characterization, proper handling, lawful procedures, and complete formalities.
Where civil servants violate discipline or law, the organ making the sanction decision shall decide to conduct an investigation into the civil servant's violation of discipline or law, and inform the civil servant of the facts identified in the investigation and the basis for the proposed sanction. Civil servants have the right to make statements and defenses; The organ making the sanction decision must not increase the sanction because of the civil servant's defense.
Where the organ making the sanction decision finds that a civil servant should be sanctioned, it shall make a sanction decision within the prescribed time period in accordance with the scope of management authority and the procedures provided. The civil servant shall be notified in writing of the sanction decision.
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Aggravated punishment refers to giving a heavier sanction within the range of sanctions that should be received for the violation of discipline; Aggravated punishment refers to the punishment of a heavier grade of spring annihilation in addition to the range of punishment that should be received for the violation of discipline. If the conduct of falsely accusing and framing others is "more serious", the range of discipline is from removal from internal Party positions to Party probation, and if the sanction of Party probation is given, it is a heavier sanction; If there are aggravating circumstances and an aggravating sanction is given, the sanction of expulsion from the Party shall be given.
Article 37 of the Criminal Law of the People's Republic of China may be waived for crimes where the circumstances of the crime are minor and no criminal punishment is required, but on the basis of the different circumstances of the case, they may be reprimanded or ordered to make a statement of repentance, make a formal apology, or compensate for losses, or the competent departments may give administrative punishments or administrative sanctions. Article 37-1: Where a criminal punishment is given for taking advantage of one's profession to facilitate the commission of a crime, or for committing a crime that violates the specific obligations required by one's profession, the people's courts may, on the basis of the circumstances of the crime and the need to prevent further crimes, prohibit them from engaging in the relevant profession from the date on which the criminal punishment is completed or on the date of parole, for a period of three to five years. Where a person prohibited from engaging in a relevant profession violates a decision made by a people's court in accordance with the provisions of the preceding paragraph, the public security organs are to give punishment in accordance with law; where the circumstances are serious, follow the provisions of article 313 of this law to change conviction and punishment.
Where other laws and administrative regulations have other provisions prohibiting or restricting their engagement in relevant professions, follow those provisions.
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