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Region: Sichuan Chengdu
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Article 32 If a public servant of the State commits any of the disciplinary violations listed in Article 31 of these Regulations, which has not yet constituted a crime, or although a crime has been constituted, he has not been investigated for criminal responsibility according to law, he shall be given administrative sanctions; If the violation of discipline is minor and corrected after criticism and education, it may also be exempted from administrative sanctions.
Article 33 Administrative sanctions are divided into: warning, demerit recording, major demerit recording, demotion, removal from office and dismissal.
In case of dismissal, the rank and post salary shall be reduced at the same time.
During the period of administrative sanction, they shall not be promoted to posts or ranks; In case of administrative sanctions other than warning, the salary grade shall not be promoted.
Article 34 A decision on punishment of a State functionary must be made in accordance with legal procedures and within the prescribed time limit.
Administrative sanctions against public servants shall be based on clear facts, conclusive evidence, accurate characterization, proper handling and complete procedures.
Article 35 The administrative sanctions imposed on public servants shall be decided by the appointing and removing organs or administrative supervision organs according to law; In case of dismissal, it shall be reported to the higher authorities for the record.
The discharge of a State public servant from a State administrative organ at or below the county level must be reported to the people's government at the county level for approval.
Article 36 If a public servant of the State is subject to an administrative sanction other than dismissal as listed in Article 33 of these Regulations, the administrative sanction shall be lifted by the original handling organ within six months to two years respectively. However, the removal of demotion or dismissal shall not be deemed as the restoration of the original rank or post.
State functionaries who have made special contributions during the period when they are subject to administrative sanctions may terminate the administrative sanctions in advance.
After the administrative sanction is lifted, the promotion of posts, grades and salary grades will no longer be affected by the original administrative sanction.
Article 37 The decision on an administrative sanction and the decision to rescind the administrative sanction shall be notified to the person concerned in writing.
2018-03-28 16:22:11 Reply
Consult me
Region: Sichuan Chengdu
The administrative detention of public officials shall be handled by the unit itself, generally warning, demerit recording and dismissal. There will be a case but will not be dismissed from public office. Administrative detention is not a penalty for a criminal offence, and will not be dismissed from public office unless the circumstances are serious. If the public service unit considers that the influence is relatively large and it is not suitable for taking the post again, the unit may report for dismissal. If the unit has little influence and can be given the opportunity to correct, it will remember the warning or demerit recording.
2022-02-22 16:38:50 Reply