Editor's note
In order to thoroughly implement the spirit of the Fifth Plenary Session of the 19th Central Commission for Discipline Inspection and the "Opinions on Strengthening and Improving Case Trial Work" of the General Office of the Central Commission for Discipline Inspection and other provisions, and to carry out accurate and effective guidance for the next business, the Central Commission for Discipline Inspection and State Supervision Commission has established a case trial office. Guiding case system for discipline enforcement.
In the future, discipline inspection and supervision organs at all levels shall refer to guiding cases when handling similar cases and handling similar issues.
The case released this time focuses on the typical spiritual problems of violations of the eight central regulations. It analyzes the manifestations and characteristics of formalism and bureaucratic issues in view of the identification of nature, the application of regulations, and the improper handling of sanctions that exist in practice. Disposal of the property involved in the case of different natures, accepting banquets from previously managed service objects after retirement, and other issues that are of concern in grassroots practice. Explains the principles of discipline enforcement, policy and strategy grasp, qualitative reasons for discipline, application of disciplines and regulations, etc., and continues to release It is a strong signal that rectification of mental problems that violate the eight regulations of the central government is "more stringent in the future."
In the next step, the discipline inspection and supervision organs at all levels must accurately grasp the guiding spirit of the cases, and earnestly play the role of guiding cases.
He has a case of formalism and bureaucracy in the prevention and control of the new crown pneumonia epidemic
(No. 1 Guiding Cases in 2021, No. 1 in total)
【Key words】
Violation of the spirit of the eight central regulations; formalism, bureaucracy; work discipline
【Key Points of Discipline Enforcement】
Formalism and bureaucracy run counter to the party's fine traditions and style, and are hated by the broad masses of cadres and the masses.
General Secretary Xi Jinping has repeatedly issued important instructions and instructions on resolutely rectifying formalism and bureaucracy, emphasizing that correcting the "four winds" cannot stop, and the construction of work style is always on the way.
In September 2018 and June 2019, the General Office of the Central Commission for Discipline Inspection successively issued the Opinions on the Implementation of the Important Instructions of General Secretary Jinping, and the Opinions on the Implementation of the Important Instructions of General Secretary Xi Jinping. Opinions on the Work of the Eight Provisions; In June 2019, the Case Trial Office of the State Supervision Commission of the Central Commission for Discipline Inspection issued a special notice requesting that formalism and bureaucracy should be included in trial documents such as trial reports and sanctions. In January 2021, the Fifth Plenary Session of the 19th Central Commission for Discipline Inspection clearly stated that it is necessary to “deepen the rectification of the stubborn diseases of formalism and bureaucracy, and let the people who are truth-seeking, pragmatic, honest and incorruptible” The fresh air continues to fill up with righteousness".
This year is the first year of the "14th Five-Year Plan". Disciplinary inspection and supervision agencies at all levels must persevere in implementing the eight central regulations and the spirit of their implementation rules, accurately address formalism and bureaucratic issues, and continue to release unswervingly and comprehensively. The strong signal of the party and the constant governance of the "four winds" and the establishment of a new trend provide effective guarantee for the start of the "14th Five-Year Plan".
In the work, the "Regulations on Disciplinary Measures of the Communist Party of China" and the "Law of the People's Republic of China on Governmental Sanctions of Public Officials" have made clear disciplinary provisions for formalism and bureaucratic issues that have caused adverse effects and serious consequences; Various other formalism and bureaucratic issues with adverse effects and serious consequences must also be taken from a political perspective, and the "first form" must be used to grasp the early and catch the small and prevent the slightest failure.
[Basic case and handling results]
He, a member of the Communist Party of China, is the main person in charge of a state-owned farm in a county.
In February 2020, in order to prevent and control the new crown pneumonia epidemic, the county distributed electronic thermometers, disinfection items and other epidemic prevention materials to all units. Areas regularly carry out elimination and timely distribution of epidemic prevention materials to unit employees.
After that, He held a meeting to convey relevant requirements, sent people to receive anti-epidemic supplies, made a registration form for entry and exit personnel and vehicles, and arranged for 2 comrades to be on duty at the gate.
He believes that the above-mentioned work has fulfilled the epidemic prevention and control requirements, so he no longer asks about the specific implementation, nor does he check the actual implementation of the epidemic prevention and control work.
At around 7 pm on February 20, the epidemic prevention and control supervision and inspection team of the County Commission for Discipline Inspection found during an on-site inspection that the farm was not equipped with electronic thermometers, disinfection and epidemic prevention items, In accordance with regulations, the inspection and registration of personnel and vehicle entry and exit, and the lack of understanding of the requirements of epidemic prevention and control work by the leader of the shift, etc., were immediately required to be rectified.
On February 21, He Mou directly signed for approval and submitted the "Rectification Report" to the Supervision and Inspection Team of the County Commission for Discipline Inspection without carefully verifying the rectification situation and conducting collective research, saying that all the problems had been rectified in place .
At around 5 pm on February 26, the supervision and inspection team conducted another on-site inspection and found that the farm still had problems such as failure to check and register entering and exiting vehicles and personnel, electronic thermometers stored in the storage room, and unattended at the gate. There are serious hidden dangers in the prevention and control of the epidemic.
On May 16, the county Commission for Discipline Inspection determined that He was the main person in charge of the farm and made general arrangements for the prevention and control of the epidemic, and failed to supervise and implement it in time. The work was superficial and formal, causing adverse effects. And serious hidden dangers, should bear the main leadership responsibility and decide to give him a warning within the party.
【Guiding significance】
1. Discrimination of two divergent opinions in the handling of this case
To determine whether it belongs to formalism or bureaucratic behavior, it is necessary to accurately grasp its essence.
In the process of handling this case, the following two different opinions were formed.
The first opinion is that as the main person in charge of the farm, He is irresponsible in his work, neglected in management, and inadequate to implement, inspect and supervise the implementation of superior decision-making and deployment, resulting in serious hidden dangers in the epidemic prevention and control work, and should be regarded as a violation of work discipline .
The second opinion is that, as the main person in charge of the farm, He held a meeting to convey the work requirements, received the anti-epidemic materials, made the registration form and arranged the staff on duty, but he only used the meeting to implement the meeting and the documents to implement the documents. No action has been seen in actual work. The epidemic prevention materials have not been kept and used in accordance with regulations. The so-called registration forms, guards and prevention and control measures are all mere formalities, using formal "superficial articles" instead of solid implementation. , Causing serious hidden dangers, should be regarded as formalism and bureaucracy.
After analysis, we agree with the second opinion.
The characteristics of formalism and bureaucracy are "virtual" and "floating", not seeking truth from facts.
Judging from the phenomenon shown in this case, He does have the problem of improper performance of his duties; but the essence of the problem is that he does not take responsibility and does not act, and his work style is floating, lax and untrue, which exposes the misalignment of He’s outlook on political achievements. The outstanding problems such as lack of responsibility and contentment with superficial writing are typical manifestations of formalism and bureaucratic problems.
2. Regarding the precise identification of formalism and bureaucracy
General Secretary Xi Jinping profoundly pointed out: “Behind formalism is utilitarianism and pragmatism. The outlook on political achievements is misplaced and the sense of responsibility is lacking. Latent performance, packaging rather than effectiveness. Behind the bureaucracy is the idea of official standards, biased values, distorted view of power, blindly relying on personal experience and subjective judgment, and seriously divorced from reality and the masses. "We are identifying formalism and bureaucracy. When there is a problem, we must thoroughly study and comprehend the spirit of General Secretary Xi Jinping’s important speech and important instructions, and be good at looking through the phenomenon to grasp the essence of the problem.
In practice, except for the situations listed in Article 122 of the "Regulations on Disciplinary Actions of the Communist Party of China", which are typical manifestations of formalism and bureaucratic issues, Article 50 and 101 of the "Regulations on Disciplinary Actions of the Communist Party of China" The circumstances listed in Article 12, Article 113, Article 116, Article 117, Article 133, etc., as long as they conform to formalism and bureaucratic issues The essential characteristics can be identified as formalism and bureaucracy.
What needs to be pointed out is that under normal circumstances, if the violation of mass discipline and work discipline is identified as formalism and bureaucracy, it should be listed in the "violation of the spirit of the eight central regulations" in the discipline inspection and supervision documents.
However, if a certain issue is identified as a violation of political discipline in accordance with Article 50 of the "Regulations on Disciplinary Actions of the Communist Party of China," it should not be repeatedly identified as "violating the spirit of the eight central regulations", but in the summary "investigating and handling violations of the eight central regulations" When defining statistical data on mental issues, formalism and bureaucratic issues should still be included in the statistics.
【Related Terms】
Regulations on Disciplinary Actions of the Communist Party of China (August 18, 2018)
Article 122 One of the following acts, causing serious adverse effects, shall be given a warning or a serious warning to those directly responsible and those responsible for leadership, if the circumstances are relatively minor; if the circumstances are serious, they shall be given dismissal from the party position or Punishment of staying in the party for probation; if the circumstances are serious, expulsion from the party shall be given:
(1) Implementing the Party Central Committee's decision and deployment only expressing its position but not implementing it;
(2) Those who are keen to engage in public opinion to build momentum and float on the surface;
(3) Meetings are simply used to implement meetings and documents are used to implement documents, but no action is seen in actual work;
(4) There are other formalism and bureaucratic behaviors in the work.
Law of the People's Republic of China on the Administrative Sanctions of Public Officials (June 20, 2020)
Article 39. Item (3) of Article 39 commits one of the following acts, causing adverse consequences or impact, to be warned, demerited or demerited; if the circumstances are serious, demotion or dismissal; if the circumstances are serious, expulsion:
(3) There is formalism or bureaucratic behavior in the work.
Xia's illegal handling of his son's wedding matters (2021 Guiding Case No. 2 and Total No. 2)
【Key words】
Violating the spirit of the eight regulations of the central government; organizing weddings and funerals in violation of regulations; taking advantage of the opportunity to collect money; disposing of the property involved in the case
【Key Points of Discipline Enforcement】
Affected by factors such as historical culture and social reality that have been formed for a long time, it has become a common "habit" and "ethos" to entertain guests and friends on the occasion of weddings and funerals.
In practice, the "Regulations on Disciplinary Measures of the Communist Party of China" and the "Law of the People's Republic of China on Disciplinary Measures for Public Officials" do not prohibit party members and cadres from handling weddings and funerals and celebrations, but some party members and cadres use their power or position to violate regulations. Weddings and funerals and celebrations.
This kind of behavior can easily damage the image of party members and cadres and corrupt the social atmosphere. It is necessary to maintain a strict main tone, insist on attacking when it appears, and severely or aggravate punishments for those who also take advantage of the opportunity to collect money.
When identifying and handling such issues, it is necessary to determine whether there is "use of power or influence on the position" and "causing adverse effects in society" in accordance with relevant regulations, and to accurately dispose of the illegal income in accordance with discipline and law; Pay attention to grasping the standards of discipline and law enforcement, and clearly release the strong signal of “the more stringent the future”; also pay attention to the comprehensive analysis and judgment by referring to the local economic development level, people's customs and habits, the cognition and evaluation of colleagues and surrounding people, etc. .
At the same time, we must pay attention to setting an example and setting an example through party members and cadres, especially party members and leading cadres, and in the comprehensive implementation of the rural revitalization strategy, in the management of weddings and funerals and celebrations, we must effectively promote the transformation of customs and customs, build a civilized rural customs, and continuously improve the spiritual outlook of farmers, and improve rural society. Level of civilization.
[Basic case and handling results]
Xia, member of the Communist Party of China, deputy head of a certain township.
In September 2020, when his son got married, Xia invited 5 subordinates of the township government to participate in a wedding banquet, and received a gift of 25,000 yuan from the 5 subordinates.
After investigation, Xia had no courtesy relationship with the above five subordinates.
At the same time, Xia also invited 25 relatives to participate in the wedding banquet and received a gift of 30,000 yuan.
Xia received a serious warning from the party and a disciplinary punishment from government affairs records, and the 25,000 yuan in gift money received in violation of the regulations was confiscated.
【Guiding significance】
1. Regarding the determination of whether Xia's handling of his son's wedding matters constitutes "use of power or influence on his position"
The "utilization of power or influence of the position" stipulated in Article 91 of the "Regulations on Disciplinary Actions of the Communist Party of China" includes both the use of one’s power to be in charge of, responsible for, or undertaking a certain public affairs in one’s position, as well as the use of one’s affiliation in one’s position. , Restricting the powers of other personnel in the relationship, and although there is no affiliation or restricting relationship between the actor and the personnel used by it, the actor has used the influence of his own power or status and certain work connections.
To determine whether it is “use of power or influence of position”, generally speaking, it is necessary to review whether party members and cadres use the property, premises, vehicles and other materials of their own unit or subordinate unit, management service object, business contact unit, and whether to invite the capital. Participants from units or subordinate units, management service targets, business contact units, etc.
In this case, as the deputy head of the township, Xia invited 5 subordinates who had no courtesy relationship with him to participate in the wedding banquet of his son and received a gift of 25,000 yuan, which can be regarded as "using the influence of power or position" to organize wedding affairs.
It needs to be pointed out that Xia also invited some relatives to the wedding banquet. After review and verification, these people and Xia have no affiliation or restrictive relationship between them, and they are not the objects of management and service, and the amount of gift money has not significantly exceeded. The normal level of reciprocity should not be regarded as violation of discipline and law for this part of the plot.
2. Regarding the disposal of the property involved in the case
According to the provisions of Article 40 Paragraph 1 of the "Chinese Communist Party Disciplinary Measures Regulations" and Article 25 Paragraph 1 of the "Public Servants Law of the People's Republic of China", when investigating party disciplinary responsibility, the main method of disposing of the property involved in the case is "Collect" and "order to return compensation"; when investigating supervision responsibility, the main methods of disposing of the property involved in the case are "confiscation", "recovery" and "order to return compensation."
Among them, the “collection” of the proceeds of violation of discipline when investigating the party’s responsibility for discipline is equivalent to the “confiscation” and “recovery” of the proceeds of violation when investigating the responsibility for supervision. It usually refers to the property and the interest income derived from the violation of discipline and law.
Specifically, first, "confiscation" refers to the compulsory nationalization of property obtained in violation of discipline and law, and all confiscated properties shall be turned over to the state treasury.
The second is "recovery" refers to the recovery of property obtained in violation of discipline and law, the recovered property shall be returned to the original owner or holder, and the property that should not be returned in accordance with the law shall be turned over to the state treasury.
The third is that "ordering refunds" usually refers to the waste of state-owned assets in violation of regulations, such as public money for eating and drinking, public money travel, and property obtained in violation of regulations, fines and fees, etc., and the investigator is ordered to return the property obtained in violation of discipline and law. If the property has been consumed or damaged, it shall be compensated with property of equivalent value; the property ordered to be refunded shall be directly returned to the original owner or original holder, and the property that cannot be refunded shall be turned over to the state treasury.
In this case, the discipline inspection and supervision organs confiscated Xia in accordance with discipline and law and received 25,000 yuan in gifts from 5 township officials in violation of regulations.
However, in practice, we have found that some discipline inspection and supervision agencies still have problems in the disposal of the property involved in the case.
For example, in April 2021, a provincial Commission for Discipline Inspection and Supervision announced publicly that a deputy county magistrate took advantage of his son’s marriage to collect money, showing that when the deputy magistrate held a wedding for his son, he hosted a banquet for some public officials in the county. And received gift money in violation of regulations.
After the disciplinary inspection and supervision agency determined that the deputy county chief’s behavior violated discipline and law, it did not collect the proceeds of violation of discipline and law, but required him to return all the gift money received in violation of the regulations.
This reflects that in the current disciplinary and law enforcement work, the disposal of the property involved in the case is not accurate enough. Disciplinary inspection and supervision agencies at all levels should pay attention to this.
3. Regarding the grasp of discipline standards
Illegal handling of weddings and funerals is one of the outstanding manifestations of violations of the spirit of the eight central regulations. Since the 18th National Congress of the Communist Party of China, the discipline inspection and supervision organs at all levels have severely investigated and dealt with such violations and achieved remarkable results.
However, due to the influence of various factors such as traditional customs, individual party members and cadres still have luck, knowing of mistakes and disciplinary violations, causing such problems to be more prominent, and there have been multiple operations and "retirement". Behind the scenes "remote control office" or appear to follow the rules, privately issue public notices, "secretly store warehouses" and other invisible mutations.
In practice, some places have no longer only given serious warnings based on specific facts, nature and circumstances for those who have not been constrained or stopped until now, but have been removed from their posts, and some have directly given party discipline and government disciplinary sanctions. .
The above-mentioned handling methods are based on disciplinary laws.
For example, Article 91 of the "Regulations on Disciplinary Actions of the Communist Party of China" clearly stipulates that for such violations, serious violations should be given sanctions of removal from the party position, and those who take advantage of the opportunity to collect money or other acts that violate the interests of the country, the collective, and the people should be given. From severe or aggravated sanctions to expulsion from the party.
Article 33 of the "Law of the People's Republic of China on Disciplinary Measures for Public Officials" clearly stipulates that for such violations, where the circumstances are serious, they shall be demoted or dismissed; where the circumstances are serious, they shall be expelled.
Accordingly, the discipline inspection and supervision organs at all levels must always adhere to the main theme of strictness, and give party disciplinary and government sanctions or severe or aggravated punishments to situations that violate disciplines, repeated teachings and do not correct, and the circumstances are bad in accordance with the law as "serious circumstances". It has taken organizational measures such as adjustment of positions and dismissal, and announced the exposure of names and surnames. It has continuously released strong signals of rectifying mental problems in violation of the eight regulations of the central government, "the more stringent the later," and the role of warning and deterrence in disciplinary enforcement work has been exerted.
【Related Terms】
Regulations on Disciplinary Actions of the Communist Party of China (August 18, 2018)
Article 4 The party’s disciplinary action shall adhere to the following principles:
(1) Persist in that the party must manage the party and govern the party strictly in an all-round way.
Strengthen the education, management, and supervision of party organizations at all levels and all party members, put discipline at the forefront, and pay attention to grasping the early and catching the small and preventing the slightest failure.
(2) All parties are equal before party discipline.
Party organizations and party members that violate party discipline must be disciplined in a serious and fair manner. Party organizations and party members who are not subject to discipline are not allowed in the party.
(3) Seek truth from facts.
The violations of party discipline by party organizations and party members shall be based on facts, the party constitution, other internal party regulations, and national laws and regulations shall be used as the criterion to accurately determine the nature of the violation, distinguish between different situations, and deal with them appropriately.
(4) Democratic centralism.
The implementation of party disciplinary sanctions shall be decided through collective discussion by the party organization in accordance with the prescribed procedures, and no individual or a small number of people shall make decisions and approvals without authorization.
Decisions made by higher-level party organizations to deal with party organizations and party members that violate party discipline must be implemented by lower-level party organizations.
(5) Punish the past, treat the sick and save people.
When dealing with party organizations and party members that violate party discipline, discipline and education should be combined to achieve both leniency and strictness.
Article 20 In any of the following circumstances, the punishment shall be heavier or heavier:
(1) Forcing or instigating others to violate discipline;
(2) Refusing to hand in or refunding the disciplinary income;
(3) After being punished for violation of discipline, he should be disciplined by the Party for deliberate violation of discipline;
(4) After being sanctioned by the Party for violation of discipline, it is discovered that the violation of discipline before the sanction should be sanctioned by the Party;
(5) As otherwise provided in these regulations.
Article 40 The first paragraph of the economic benefits obtained from violations of discipline shall be collected or ordered to be refunded.
Article 91: Those who take advantage of the influence of power or position to organize weddings and funerals and celebrations, which cause adverse effects in society, shall be given a warning or serious warning; if the circumstances are serious, they shall be given sanctions of removal from the party’s position; take advantage of the opportunity to accumulate wealth or have other Those who violate the interests of the country, the collective, and the people shall be punished severely or aggravated, up to expulsion from the party.
Law of the People's Republic of China on the Administrative Sanctions of Public Officials (June 20, 2020)
Article 4 Governmental sanctions shall be given to public officials, adhere to the principle of party management of cadres, and collectively discuss and decide; insist on equality before the law, based on facts, and the law as the criterion. The administrative sanctions given are equivalent to the nature, circumstances, and degree of harm of the illegal act ; Adhere to the combination of punishment and education, and both leniency and strictness.
Article 13: A public official who has one of the following circumstances shall be given heavier administrative sanctions:
(1) Intentionally violated the law again during the period of administrative sanctions and should be sanctioned by administrative sanctions;
(2) Preventing others from reporting and providing evidence;
(3) Colluding confessions or forging, concealing or destroying evidence;
(4) Sheltering people in the same case;
(5) Intimidating or instigating others to commit illegal acts;
(6) Refusing to hand in or refunding the illegal income;
(7) Other serious circumstances stipulated by laws and regulations.
Article 25. The property obtained by a public official illegally obtained in paragraph 1 and his property used for illegal acts shall be confiscated, recovered or ordered to be refunded by other agencies in accordance with the law, and shall be confiscated, recovered or ordered to be refunded by the supervisory agency; shall be returned and restored. The owner or original holder shall be returned in accordance with the law; if the property belongs to the state or should not be returned or cannot be returned, it shall be turned over to the state treasury.
Article 33. Anyone who commits one of the following acts in the first paragraph (2) of Article 33 shall be given a warning, a demerit or a major demerit; if the circumstances are serious, they shall be demoted or dismissed; if the circumstances are serious, they shall be expelled:
(2) Taking advantage of the power or influence of the position to seek personal gain for himself or others.
Wang organizes public money to eat and drink and accepts a banquet in violation of regulations
(2021 Guiding Case No. 3, Total No. 3)
【Key words】
Violating the spirit of the eight central regulations; eating and drinking with public funds; accepting banquets that may affect the fair execution of official duties; disposing of the property involved in the case
【Key Points of Discipline Enforcement】
Eating and drinking with public funds, accepting banquets in violation of regulations, etc., apart from wasting state assets or possibly affecting the fair execution of official duties, they also severely undermined the party's work style and social atmosphere, and damaged the image of the party and government.
In practice, we have discovered that some party members and cadres falsely claimed public funds to reimburse illegal food and drink expenses. This is a typical problem of invisible mutations in the spirit of violation of the eight central regulations. It is of a bad nature and should be investigated and dealt with severely.
Disciplinary inspection and supervision agencies at all levels should improve their ability to discover problems, increase punishment, and take serious handling of illegal eating and drinking issues as the focus of rectifying the "four winds" and establishing a new trend.
In the disposal of the property involved, it is necessary to distinguish between different situations and make precise disposal.
[Basic case and handling results]
Wang, member of the Communist Party of China, director of the Housing and Urban-Rural Development Bureau of a certain county.
On the evening of February 19, 2021, Wang summoned 5 cadres of his unit to have a dinner at a hotel in the county, and asked to arrange meals according to the standard of 1,000 yuan per capita. The 6,000 yuan spent was included in the names of bus refueling fees, maintenance fees, etc. The bureau's "three public" funds will be reimbursed.
On the evening of March 21, Wang received a banquet at a Japanese restaurant run by Zhang, a real estate developer in the county, and enjoyed a set menu priced at 1888 yuan per person.
Wang received a severe warning from the party and was ordered to refund 1,000 yuan of public funds for food and drink, and was confiscated to accept 1,888 yuan for banquets that might affect the fair execution of official duties.
At the same time, five other cadres who participated in public money eating and drinking were criticized and educated, and were ordered to refund the related expenses of 5,000 yuan.
【Guiding significance】
1. Regarding the identification and handling of Wang's illegal eating and drinking behavior
本案中，王某的违规吃喝问题主要表现在两个方面：一是按照《中国共产党纪律处分条例》第一百零三条的规定，王某“违反有关规定组织、参加用公款支付的宴请”；二是按照《中国共产党纪律处分条例》第九十二条的规定，王某“接受可能影响公正执行公务的宴请”。实践中，对于这两个问题都应认定为违反中央八项规定精神。在涉案财物处置上，纪检监察机关根据具体案情，在准确认定王某应负担的公款吃喝费用和接受私营企业主宴请时所对应的餐饮费用的基础上，责令王某退赔公款吃喝的相关费用1000元，收缴王某接受私营企业主宴请的费用1888元；同时，参加公款吃喝的其他5名干部受到了批评教育，并被责令退赔相关费用。上述处理区分了党员领导干部和普通党员干部在违规吃喝问题中的责任大小，对王某作为党员领导干部的处理力度更重，既体现了执纪工作的精准性，又对其他5名干部起到了教育警示作用，取得了较好的执纪效果。
2.关于违规吃喝问题中的涉案财物处置
涉案财物处置事关案件质量和处理效果，必须严格依规依纪依法作出精准处置。实践中，纪检监察机关在处理违规吃喝问题的涉案财物时，经常会遇到一些更为复杂的情形，应坚持实事求是原则，区分具体情况，作出精准处置。
一是对于“违反有关规定组织、参加用公款支付的宴请”问题，根据《中国共产党纪律处分条例》第一百零三条的规定，对于公款吃喝行为，无论组织者还是参加者，都构成违纪。以本案为例，王某和其他5名干部都被责令退赔了相关费用。实践中，纪检监察机关应根据案件具体情况，全面审查餐饮清单、报销凭证等书证，并结合相关人员的交代，准确认定参加宴请者所应负担的费用，并依规依纪责令其退赔相关费用。需要指出的是，对于《中国共产党纪律处分条例》第一百零三条规定的“用公款购买赠送或者发放礼品、消费卡(券)等”的问题，或者收受公款购买的礼品、消费卡(券)等的问题，经查证属实后，应按规定责令本单位接受礼品、消费卡(券)等的党员干部予以清退或者折价退赔，对于本单位之外的党员干部收受礼品、消费卡(券)等的应按规定予以清退或者收缴。
二是对于“接受可能影响公正执行公务的宴请”问题，如果接受的是公款支付的宴请，依照《中国共产党纪律处分条例》第二十四条第一款关于“一个违纪行为同时触犯本条例两个以上(含两个)条款的，依照处分较重的条款定性处理”的规定，适用《中国共产党纪律处分条例》第一百零三条之规定予以定性处理。如果接受的是私营企业主、下属等管理服务对象个人支付费用的宴请，且能准确认定被审查人所对应的宴请费用，则应依规依纪予以收缴。同时，对于因时间久远、书证缺失或仅有相关人员交代等原因无法准确区分餐饮费用、且被审查人自愿主动上交相关餐饮费用的情形，实践中可按主动登记上交处理。
【相关条款】
《中国共产党纪律处分条例》(2018年8月18日)
第四十条第一款 对于违纪行为所获得的经济利益，应当收缴或者责令退赔。
第九十二条 接受、提供可能影响公正执行公务的宴请或者旅游、健身、娱乐等活动安排，情节较重的，给予警告或者严重警告处分；情节严重的，给予撤销党内职务或者留党察看处分。
第一百零三条 违反有关规定组织、参加用公款支付的宴请、高消费娱乐、健身活动，或者用公款购买赠送或者发放礼品、消费卡(券)等，对直接责任者和领导责任者，情节较轻的，给予警告或者严重警告处分；情节较重的，给予撤销党内职务或者留党察看处分；情节严重的，给予开除党籍处分。
《中华人民共和国公职人员政务处分法》(2020年6月20日)
第二十五条第一款 公职人员违法取得的财物和用于违法行为的本人财物，除依法应当由其他机关没收、追缴或者责令退赔的，由监察机关没收、追缴或者责令退赔；应当退还原所有人或者原持有人的，依法予以退还；属于国家财产或者不应当退还以及无法退还的，上缴国库。
第三十四条第二款 向公职人员及其特定关系人赠送可能影响公正行使公权力的礼品、礼金、有价证券等财物，或者接受、提供可能影响公正行使公权力的宴请、旅游、健身、娱乐等活动安排，情节较重的，予以警告、记过或者记大过；情节严重的，予以降级或者撤职。
第三十五条第(三)项 有下列行为之一，情节较重的，予以警告、记过或者记大过；情节严重的，予以降级或者撤职：
(三)违反规定公款消费的。
张某退休后违规接受宴请案
(2021年指导性案例第4号，总第4号)
【关键词】
违反中央八项规定精神；退休后接受宴请；可能影响公正执行公务
【执纪执法要点】
吃喝问题绝非小事小节，而是关系党在人民群众心目中形象的“大政治”，对退休党员干部也不例外。党的十八大以来，各级纪检监察机关重拳出击，“舌尖上的腐败”得到有效遏制。在持续高压态势下，一些党员领导干部在职期间有所收敛，但在退休后又故态复萌，肆无忌惮接受各种宴请，成为“四风”问题隐形变异的新表现。对于此类问题，一些纪检监察机关在定性处理上产生了分歧，有的认为不宜认定为违纪，有的则认为应从严执纪。我们认为，中央八项规定精神是“长期有效的铁规矩”，党员领导干部无论退休与否，都应该严格遵循党规党纪和中央八项规定精神。各级纪检监察机关要从政治上深刻认识违规吃喝问题的危害性，坚持严的主基调，坚决防反弹回潮、防隐形变异、防疲劳厌战，持续释放整治违反中央八项规定精神问题“越往后越严”的强烈信号。
【基本案情及处理结果】
张某，中共党员，某县生态环境局党组成员、副局长，2018年10月退休。2019年1月以来，张某在春节、端午节、中秋节和生日期间，先后10余次接受该县私营企业主王某、李某、赵某等人(均系张某任生态环境局党组成员、副局长期间的管理服务对象)安排的宴请，并饮用年份茅台酒等高档酒水，食用高档菜肴。2021年3月，张某受到党内警告处分。
【指导意义】
在本案处理过程中，形成了如下两种不同意见。
第一种意见认为，张某已经退休，不再具有公职人员身份，其接受私营企业主的宴请不属于“接受可能影响公正执行公务的宴请”，不宜认定为违纪。
第二种意见认为，张某虽已退休，但仍具有党员身份，特别是曾经担任过领导职务，在当地仍具有一定的影响力，更应带头严于律己，严格遵守党的纪律和中央八项规定精神。张某的退休时间在党的十九大之后，中央对于严格落实中央八项规定精神、毫不松懈纠治“四风”的要求已经非常明确，但其仍然不知敬畏，多次接受退休前管理服务对象的宴请。为严肃党的纪律，应将张某的上述行为认定为违反中央八项规定精神。同时，鉴于张某已经退休，不再具有公职人员身份，可适用《中国共产党纪律处分条例》第一百一十一条(廉洁纪律兜底条款)之规定予以定性处理。
经分析，我们同意第二种意见。我们在工作中发现，有的党员领导干部在退休后放松了纪律约束，认为一旦不再担任公职，就可以不再遵守党规党纪和法律法规，随心所欲地接受宴请，甚至实施违纪违法行为。对此，纪检监察机关要始终坚持严的主基调，对违反中央八项规定精神问题毫不妥协、露头就打，持续释放“越往后越严”的强烈信号。
此外，我们在工作中还发现，一些党员领导干部在退休后不仅违规接受宴请，还收受退休前管理服务对象的礼品礼金，有的甚至借助于“攒饭局”等方式，利用原职权或者地位形成的便利条件，大搞所谓的“居中协调”，通过其他国家工作人员职务上的行为，为请托人谋取不正当利益，索取或者收受请托人数额较大的财物。对于党员领导干部在退休后违规收受礼品礼金的问题，同样应适用《中国共产党纪律处分条例》第一百一十一条(廉洁纪律兜底条款)之规定予以定性处理，并依规依纪收缴其违纪所得；对于涉嫌受贿犯罪或者利用影响力受贿犯罪的，则应适用《中国共产党纪律处分条例》第二十七条这一纪法衔接条款的规定，依纪依法予以严肃处理。
【相关条款】
《中国共产党纪律处分条例》(2018年8月18日)
第二十七条 党组织在纪律审查中发现党员有贪污贿赂、滥用职权、玩忽职守、权力寻租、利益输送、徇私舞弊、浪费国家资财等违反法律涉嫌犯罪行为的，应当给予撤销党内职务、留党察看或者开除党籍处分。
第一百一十一条 有其他违反廉洁纪律规定行为的，应当视具体情节给予警告直至开除党籍处分。