关于燃气开口费及有线电视初装费问题

关于燃气开口费及有线电视初装费问题 【收楼时，开发商要求购房人支付燃气开口费费， 否则不予交房。购房人是否应当缴纳燃气开口费费,】 庄律师:作为房屋的附属设施，燃气管道应由开发商负责安装，业主支付的购房款应该包含了房屋以及附属设施的相关费 用。开发商收取燃气开口费费没有任何法律依据，购房人有权拒绝缴纳。开发商以此拒绝交房的，购房人可以通过司法渠道追究开发商逾期交房的违约责任。 ?本期做客律师:庄清忠 广东广大(北京)律师事务所 开发商要求先交费，再给钥匙可行吗, 律师答疑:开发商以购房人先行结算房屋面积差价款、支付公共维修基金、契税、物业费、采暖费并且必须委托开发商指定的代办机构办理产权证书、交纳产权代办费，作为房屋交付、取得房屋钥匙的先决条件的做法是违反约定且违反法律规定的。开发商违约主要表现在如下几个方面:一是格式合同第五条约定 商品房交付后再结算面积差价款～而不是开发商要求的先结算后交钥匙。二是根据相关规定不许开发产代收公共维修基金、契税;三是物业公司收取的物业费与房屋交付没有必然的联系～物业公司收取物业费的行为与开发商交房的行为分属于不同的法律关系～不能混淆。物业公司在代理开发商办理交钥匙手续时不能将自己收取物业费的行为强加于购房人，作为交钥匙的前提条件。况且购房人 还未取得钥匙，还没有占有使用所购房屋，还没有成为业主，未发生物业服务关系，当然不能先交物业费。 综上所述， 在合同约定的房屋交付日期到来时，开发商却未按合同约定交付房屋，利用掌握房屋钥匙的强势地位，在房屋交付时附加了合同以外的条件～导致你们不能按时入住所购房屋。因此开发商应承担逾期交房的责任～开发商应按照你们格式合同中约定的按总房价款的日万分三承担逾期交房的责任，直至将房屋交付给你们。 目前关于房屋交付的纠纷比较多，现在法院对双方合同没有约定交付程序的情况下，开发商坚持所谓的行规导致房屋不能交付的情况一般都判决开发商无条件交付房屋钥匙并承担逾期交房的违约责任，因此业主如遇到这类问题在协商不成的情况可以向法院起诉。 。之所以规定3%，是因为面积误差在3%之内是当事人可以预见到的，如果误差超过了3%，就不是当事人合理的预期之内，合同的目的能否实现就是一个问题，是否是根本违约也是一个问题，所以法律规定了3%的法定解除权。 《商品房销售管理办法》第十六条 商品房销售时，房地产开发企业和买受人应当订立书面商品房买卖合同。 商品房买卖合同应当明确以下主要内容: (七)供水、供电、供热、燃气、通讯、道路、绿化等配套基础设施和公共设施的交付承诺和有关权益、责任; 有线电视、天然气初装费及办理土地使用权证费用等相关问题 一、商品住宅销售价格包括以下部分:“住宅开发成本费用～包括土地使用权出让金、征地费、房屋拆迁补偿补助费、勘察及前期工程费、建筑安装工程费、附属工程费和间接费用。”对于新建住宅～所有基础配套设施的成本费用和安装费用都应包涵在房价之内～除了在合同中明示在 。因此～新建商品房收取电力增容费～煤气、天然气、电话、交房时另行收取的～都属于“未予标明有线电视等初装费、开通费都是错误的。 同样，购房合同中如果明示了提供天然气、有线电视、热水、门禁系统、宽的费用”带系统等，而未明示在交房时需另外收取费用的，在交房时也不应就相关项目收取各种名义的初装费、开通费。这笔费用不应该由购房人承担。 如果房地产商在卖楼时签订的合同没有承诺提供天然气、宽带或有线电视等项目，而在合同外进行了增加，这些项目的入网费或初装费，可以向自愿接受相关服务的购房人收取，但不应 如果房地产商在卖楼时签订的合同承诺提供宽带或有线电视等项目～入网费在交房时强行向不希望接受相关服务的或初装费应由房地产商支付。有些房地产商以“承诺提供～但没有承诺免费提供”为借口强行收费是站不住脚的:房屋买卖合同通常不会具体约定房屋要免购房人收费。 费提供窗户～免费提供窗户玻璃～是否房地产商可以在交房时向购房人收取窗户安装费、玻璃费用呢,显然不能: 二、有线电视的安装与使用属于您的个人消费行为～物业对于相关的费用属于 是代收费～因此物业无权强制进行安装以及收 。 但是如果您在收房时有线电视安装完毕，并且您已经在收房确认书上签字的话，那么初装费您就得交了。交付过有线电视初装费150元 说明线是进了你取使用费用 屋头的，或者说电视台有你家的地址，或者说有了你的账号了～有了账号，你看不看电视他们是不管你的，除非你去报停，想看电视只有缴费～～ 以前物业收取业主“装修保证金”那是有的，但现在已经明文规定不得收取，我想是一样的。“垃圾堆放保证金”也是不合理的 维修资金那是该收的;垃圾堆放保证金”,我没听说过。 煤气安装也是免费的～由煤气公司进行安装～煤气公司最多收取安装成本费10多元钱～你说3000元...那是肯定不合理的 ,接管, 300元有线电视初装费?这本来就算在公共设施设备里的,这是小区必备的还要收这钱,太黑!也是不合理的. 商品住宅销售价格包括以下部分:“住宅开发成本费用，包括土地使用权出让金、征地费、房屋拆迁补偿补助费、勘察设计及前期工程费、建筑安装工程费、附属工程费和间接费用。”对于新建住宅，所有基础配套设施的成本费用和安装费用都应包涵在房价之内，除了在合同中明示在交房时另行收取的，都属于“未予标明的费用”。因此，新建商品房收取电力增容费，煤气、天然气、电话、有线电视等初装费、开通费都是错误的。 同样，购房合同中如果明示了提供有线电视、热水、门禁系统、宽带系统等，而未明示在交房时需另外收取费用的，在交房时也不应就相关项目收取各种名义的初装费、开通费。这笔费用不应该由购房人承担。 如果房地产商在卖楼时签订的合同没有承诺提供宽带或有线电视等项目，而在合同外进行了增加，这些项目的入网费或初装费，可以向自愿接受相关服务的购房人收取，但不应在交房时强行向不希望接受相关服务的购房人收费。 如果房地产商在卖楼时签订的合同承诺提供宽带或有线电视等项目，入网费或初装费应由房地产商支付。有些房地产商以“承诺提供，但没有承诺免费提供”为借口强行收费是站不住脚的～房屋买卖合同通常不会具体约定房屋要免费提供窗户，免费提供窗户玻璃，是否房地产商可以在交房时向购房人收取窗户安装费、玻璃费用呢,显然不能～ 某种程度上说，燃气公司是代表政府为公众提供公共物品的一个公共事业单位。在这种前提下，煤气管道是政府向公众提供公共产品即燃气的工具～属于公共产品中的一部分～而为公众提供优质的公共产品一直是政府的职责所在～显然～管道煤气初装费应该由政府来承担～转嫁到消费者身上是说不过去的。同样道理，在市场经济条件下，任何一个公司都应该为自己的经营行为承担成本，而燃气初装怎么能 让消费者掏钱呢,这就好比买菜卖菜，卖菜的人都不准备一把秤，难道还要让买菜的人带着秤去买菜不成, 另外，管道燃气初装费产权问题不明晰，按照“谁投资，谁受益”的原则，交了管道煤气初装费的用户受益权利表现在哪里,试想，如果目前燃气管网的产权归用户所有，为什么要由燃气企业进行管理,如果归用户所有，燃气企业使用用户的管道为什么不给用户交纳使用费, 《价格法》和《新建商品房销售明码标价管理规定》中都明确规定:“包括管道煤气预埋在内的所有基础设施、公共《价格法》第二十二条明确规定:“政府价格主管部门和其他有关部门制定政府指导价、 政府定价，应当开展价格、成本调查，听取消费者、经营者和有关方面的”。 国家的法律法规也好，主管部门的文件规定也好，都不可能做到面面俱到，很多问题要靠大家的通常理解和合同约定解决。根据中华人民共和国《合同法》第四十一条规定:配套建设费用应全部在房价中补偿～不“对格式条款的理解发生争议的，应当按照通常理解予以解释。对格式条款有两种以上解释的，应当做出不利于提供格式条款一方的解释。”执行时应按购房人得在价外另行收费。 的理解处理。 建议你在交钱时让物业出示物价局的批文,物业公司收的每笔钱都该有.要是拿不出来,相信你这样问批文 了他们是不敢收你钱的,要是真收了,你可以告他们.罚款罚的他们心痛死! 我是做物业的,所以略懂. 三、报纸原文《擅收电视入网费物业退还480元》 业主与开发商在《商品房买卖合同》已明确电视系统为有线电视光缆入户，而物业公司在业主入住时又按自定的“物业管理收费”强行收取有线电视入网费480元。在这起业主状告物业公司“乱收费”的案件中，法院支持了业主的要求退费的请求。 业主戴先生诉称，我于2002年9月6日入住新月家园小区，北京华联新世纪物业管理公司向我收取了480元的有线电视入网费, 物业公司当时声称只是代收，并且包含了两年的收视费用。我交纳此项费用后即入住，入住后两年内果然无人再上门收取有线收视费。2004年10月，北京歌华有线电视网络公司丰台分公司的工作人员上门收取入住以来的有线电视收视费时，我才得知，对于新盖楼房根本不向业主收取所谓的有线电视入网费～他们也根本没有收到我的此笔款项。要求物业管理公司退还有线电视入网费物业管理公司辩称，收取480元有线电视入网费，只是代北京歌华有线电视网络公司收取，代收时就告知是为歌华公司收取，如要发票我公司可向歌华公司索取。新月家园小区有大部分业主因单位可报销上述费用当时都索取了发票。原告不向我公司索取“歌华公司”的发票，却认为是我公司收取的费用没有事实依据。收取入网费是合法的代理行为，既没有取得不当利益也没有给原告造成损失，故不同意退款。 审理案件的丰台法院认为～业主戴先生与开发商签订的《商品房买卖合同》中附件三“装饰、设备标准”中～已明确电视系统为有线电视光缆入户～并没有明示有线电视入网及工程费还要单交费～应视为购房款中包括了有线电视入网及工程费。2002年9月戴先生入住所购房屋时，华联新世纪物业公司按其制定的“新月家园小区物业管理收费标准”强行收取有线电视入网费480元，收费依据是代收项目，可物业管理公司没有向法庭提交歌华公司委托代收费用的证据，且2002年5月开发商在建房时，已将有线电视电缆分配网工程交与宽带网络设备安装公司施工，并已付款，不存在对歌华有线电视网络公司欠费问题。因此，物业管理公司向业主“代收”的有线电视入网费没有合法依据，收取的480元属不当利益，应当返还。 最后，法院一审判决物业管理公司退还业主有线电视入网费480元。 办理住房"土地使用证"的费用 费用:办理住房"土地使用证"如何收费 按国家规定，办理居民住房"土地使用证"不以收费为目的，主要是保护城镇居民的切身利益。城镇居民住房用地面积在,,,平方米以下的，收费标准不超过,,元。住房用地面积在,,,平方米以上的，超过部分，适当增加费用。如果在办理土地使用证过程中发现有违反规定的现象，居民可以拒绝，也可以向有关部门举报。 土地使用证的办理费用其实并不高～它是按照住房的分摊土地面积每平方米0.8元的标准收取～外加10元钱的证书工本费～一般在30元左右。比如～居民在一栋六层单元楼里买了一套建筑面积为120平方米的商品房～办一个土地使用证只需花26元。 律师:购房者不应交纳该费用 记者咨询了相关部门了解到，暖气开口(户)费是指城市集中供热工程建设集资费;燃气开口费是指城市煤气建设集资费，2001年原国家计委、财政部《关于全面整顿住房建设收费取消部分收费项目的通知》(计价格[2001]585号文)中取消的收费项目就包括暖气集资费。山东省物价局、山东省财政厅于2001年9月20日以鲁价费发[2001]301号转发了上述文件～明确规定取消城市集中供热工程建设集资、城市煤气建设集资～将其统一归并为城市基础设施配套费中～不得再另行收取水、电、气、热、道路以及其他名目的专项配套费。2002年山东省物价局《关于明确鲁价费发(2001)301号文件有关问题的函》又重申在新的城市基础设施配套费政策出台前，文件(指鲁价费发[2001]301号)中明令取消的收费项目均一律停止执行。仍继续收取的，按乱收费进行查处。城市基础设施配套费的征收对象是建设工程项目的建设单位和个人即开发商，城市基础设施配套费在商品房开工之前就缴纳，已经计入商品房的成本之中。开发商在办理用地建设手续时已将该城市基础设施配套费交纳到政府财政，否则是办不出来用地手续的。实际上开发商在销售房屋时已经将该项费用计算在房屋的成本中了，房款价格就含有该项费用，该费用已经转嫁给了购房人。因该配套设施费是按照建筑面积收取的， 山东科创律师事务所律师张红认为，城市基础设施配套费的征收对象是对建设工程项目的建设单位和个人，本案即是商品房开发商。城市基础设施配套费一般在商品房开工之前就缴纳，已经计入商品房的成本之中。郯城的这起事件，消费者购房之初，开发商没有明确告知购房者在购买商品房的价格中不包含城市基础设施配套费，在中也没有特别约定此款应由购房者交纳，因此，购房者完全没有义务替开发商“买单”。 暖气开口费，燃气开户费早在2001年4月16日国家发改委585号文件 就已经严令取消， 山东省也于2001年301号文件重申。 光是焦点访谈就先后于2006年12月15日针对福州市及2008年1月10日针对山西太谷县做了两次详尽报道，并对某些顶风而上的小区作了曝光. 中央二套经济半小时、经济信息联播、第一时间栏目也相继作了大量翔实、权威的报道。〔本文所列节目均可在网上由以下方法得到:先在百度输入“央视搜索”，打开“央视搜索”后输入“燃气初装费”和“不该收的供热管网费”可以查到焦点访谈分别于2006年12月15日及2008年1月10日的报道内容原节目视频及中央电视台二套、十二套节目十多 次报道及各大新闻网评论。许多地方政府为了地方利益，无视老百姓的疾苦，仍然默许开发商违规收取开户费。广东省肇庆某物价局就因行政乱作为败诉。 根据国家发改委585号文件，这些费用都属于城市基础设施配套费，在开发商购买土地时就已经由开发商缴纳，否则按照国家规定不能办理规划、立项手续。这些费用已经计入房价，不得冠以任何名义重复收取(见发改委,,,号文件第二条或2008年1月10日焦点访谈)，而开发商无视国家规定，反过来将这些费用转嫁给购房者头上，这显然是偷梁换柱、推卸责任。焦点访谈作了一个形象的比喻:难道做火车的人除了购买火车票以外还得买下火车吗,在中央电视台大量报道之后，特别是全国第一例拒交开户费胜诉案(见 )以后，全国许多小区都相继取消了开户费，然而至今尚有许多小区继续负隅顽抗、隐瞒欺诈试图掩耳盗铃蒙混过关。 附:中央电视台先后十多次报道违法收取开户费节目名单 一、中央电视台焦点访谈2006年12月15日第一次报道福建省燃气初装费原视频 -cctv1prog_20061215_150036.html 二、、中央2台揭秘燃气初装费 三、中央2台再次报道燃气初装费应当由开发商缴纳的原因 四、燃气初装费应当由开发商缴纳的原因再次报道，中央2台从头至尾翔实报道，让你彻底明白，业主筹资买了管道，而管道所有权却不属于业主，等于替燃气公司投资，地方物价局视国务院585号文件如同儿戏，行政不作为，最终被业主告上法庭。物价局败诉，撤回收费文件。中央电视台记者善意提醒，存在的不一定是合理的，要敢于拿起法律武器捍卫公民权利。记者直指物价局揣着明白当糊涂，甘当少数人的保护伞，收费价格按规定要举行听证程序，物价局违规默许开发商。 五、中国第一例拒交开户费胜诉案 业主打赢煤气开户费官司 合肥36户居民每户获2400元补偿 燃气开通费案开庭 公益诉讼将具标本意义2006年轰动全国的燃气开户费第一案审理结束，开发商败诉16业主得到退费，物价局受牵连。 山东科创律师事务所律师张红认为，城市基础设施配套费的征收对象是对建设工程项目的建设单位和个人，本案即是商品房开发商。城市基础设施配套费一般在商品房开工之前就缴 纳，已经计入商品房的成本之中。郯城的这起事件，消费者购房之初～开发商没有明确告知购房者在购买商品房的价格中不包含城市基础设施配套费～在协议中也没有特别约定此款应由购房者交纳～因此～购房者完全没有义务替开发商“买单”。 《国家计委、财政部关于取消部分建设项目收费进一步加强建设项目收费管理的通知》(计价费〔,,,,〕,,,,号)颁布前，已按规定的审批权限批准征收城市基础设施配套费及其他专项配套费的，由省级财政、价格主管部门对各类专项配套费进行整顿，将其统一归并为城市基础设施配套费;取消与城市基础设施配套费重复收取的水、电、气、热、道路以及其他各种名目的专项配套费。凡是未按规定审批权限批准征收的城市基础设施配套费或其他各类专项配套费，以及计价费〔,,,,〕,,,,号文件颁布后，地方各级人民政府或有关部门出台的城市基础设施配套费或其他专项配套费，一律取消。 山东省物价局、山东省财政厅于2001年9月20日以鲁价费发[2001]301号转发了上述文件，明确规定取消城市集中供热工程建设集资、城市煤气建设集资，将其统一归并为城市基础设施配套费中，不得再另行收取水、电、气、热、道路以及其他名目的专项配套费。2002年山东省物价局《关于明确鲁价费发(2001)301号文件有关问题的函》又重申在新的城市基础设施配套费政策出台前，文件(指鲁价费发[2001]301号)中明令取消的收费项目均一律停止执行。仍继续收取的，按乱收费进行查处。城市基础设施配套费的征收对象是建设工程项目的建设单位和个人即开发商，城市基础设施配套费在商品房开工之前就缴纳，已经计入商品房的成本之中。 开发商在办理用地建设手续时已将该城市基础设施配套费交纳到政府财政～否则是办不出来用地手续的。实际上开发商在销售房屋时已经将该项费用计算在房屋的成本中了～房款价格就含有该项费用～该费用已经转嫁给了购房人。因该配套设施费是按照建筑面积收取的～所以开发商交款时只有用地面积～收款单位只能给具代开的空白发票～并给开发商总款收据。赋予了开发 商在出售房屋时给具购房人的代开权～所以收费发票上的缴费人才出现了购房人的姓名～其实这个缴款人姓名是开发商在开票时自行打印上去的。所以开发商再次向购房人收款时在发票上面填上了业主的名字。是用此发票来偷换概念蒙骗业主收取费用的。同时开发商拿不出任何的所谓代收的授权委托书。 三、开发商所谓的收费依据是否合法, 开发商在收取费用时强调有政府颁发的文件为依据，其依据的往往是县级人民政府《人民政府城区集中供热工程实施意见》的文件，该文件只明确了入网施工费收取标准。没有采暖的热用户由楼房建设单位或房地产开发商按政府有关规定统一缴纳或由产权单位缴纳。县级物价管理部门文件《关于公布城区集中供热价格及入网施工费的通知》也是规定了收费标准，并没有缴纳单位的规定。一般这两份文件都是在2001年国家计委、财政部《关于全面整顿住房建设收费取消部分收费项目的通知》、2001年9月20日山东省物价局、山东省财政厅鲁价费发[2001]301号文件和2002年山东省物价局《关于明确鲁价费发(2001)301号文件有关问题的函》出台后的文件，其对于入网费的规定，也明确了由开发商缴纳。这两份文件是地方的规章，按照《立法法》新法优于旧法，上位法优于下位法的规定，对于与上述文件不一致的内容属于无效规定。开发商依据该两份文件向购房人收费的行为属违法行为。 四、开发商收费行为是否符合《合同法》的规定, 购房人与开发商所签订的合同中没有约定缴纳开配套费的条款。购房人依约向开发商缴纳房款，而开发商在交房时却向购房人收取没有约定的且已经收取完毕的费用，否则不予交房。《合同法》第159条规定买受人应按照约定的数额支付价款。反言之，出卖人亦应按约定的数额收取价款。第6条当事人行使权利、履行义务应当遵循诚实守信原则。开发商没有按照合同约定的价款收取，而强行收取了 燃气开口费费和有线电视初装费是违约行为。按照《合同法》第122条当事人一方的违约行为，侵害对方人身、财产权益的，受损方有权选择依照本法要去其承担违约责任或者依据其他法律要求其承担侵权责任。《民法通则》第106条公民法人违反合同或者不履行其他义务的应当承担民事责任。第137条第一款第四项返还财产、第八项支付违约金的规定，开发商应该退还非法向购房人收取的城市基础设施配套费，并支付收取期间的银行利息。 五、开发商履行合同义务是否合法, 开发商应该按照合同约定的时间和方式交房，根据《合同法》第八条 依法成立的合同，对当事人具有法律约束力。当事人应当按照约定履行自己的义务，不得擅自变更或者解除合同。依法成立的合同，受法律保护。第六十条 当事人应当按照约定全面履行自己的义务。当事人应当遵循诚实信用原则，根据合同的性质、目的和交易习惯履行通知、协助、保密等义务。第一百三十五条 出卖人应当履行向买受人交付标的物或者交付提取标的物的单证，并转移标的物所有权的义务。第一百三十八条 出卖人应当按照约定的期限交付标的物。约定交付期间的，出卖人可以在该交付期间内的任何时间交付。第一百零七条 当事人一方不履行合同义务或者履行合同义务不符合约定的，应当承担继续履行、采取补救措施或者赔偿损失等违约责任。第一百一十三条 当事人一方不履行合同义务或者履行合同义务不符合约定，给对方造成损失的，损失赔偿额应当相当于因违约所造成的损失，包括合同履行后可以获得的利益，但不得超过违反合同一方订立合同时预见到或者应当预见到的因违反合同可能造成的损失。第一百二十二条 因当事人一方的违约行为，侵害对方人身、财产权益的，受损害方有权选择依照本法要求其承担违约责任或者依照其他法律要求其承担侵权责任。如果开发商不给钥匙，不交付房屋。购房人可以通过诉讼解决，向人民法院提起诉讼，要求开发商履行合同交付房屋，承担违约责任支付违约金，如有其它损失还可以赔偿损失。 综上，笔者认为如果开发商与购房人在签订购房合同时，明确约定应该收取城市基础设施配套费的，购房人就应该按照合同的约定缴纳城市基础设施配套费。如果合同中没有约定， 就视为总房款中已经包含了城市基础设施配套费，开发商收取城市基础设施的行为就违反了法律规定的民事活动应遵循自愿、公平、等价有偿、诚实信用的原则，违反了《民法通则》、《合同法》及相关法律、法规、规章的规定，收费是违法的。 关于印发日照市城市基础设施配套费征收管理办法的通知 来源:日政发[2003]74号 作者:日照市人民政府 日期:03-12-26 第三条 凡在本市城市规划区范围内新建、扩建和改建各类建设工程的单位和个人，均应交纳城市基础设施配套费。 第十一条 各级城市规划建设部门应当加强城市基础设施配套费征收的监督管理，确保城市基础设施配套费足额征收。对应当征收而不征收或者未足额征收的，要依法追究有关责任人的责任。 城市基础设施配套费是指按城市总体规划要求，为筹集城市市政公用基础设施建设资金所收取的费用，它按建设项目的建筑面积计征，其专项用于城市基础设施和城市共用设施建设，包括城市道路、桥梁、公共交通、供水、燃气、污水处理、集中供热、园林、绿化、路灯、环境卫生等设施的建设. (英文版 ) Two regulations promulgated for implementation is in the party in power for a long time and the rule of law conditions, the implementation of comprehensive strictly strategic plan, implementation in accordance with the rules and discipline to manage the party, strengthen inner-party supervision of major initiatives. The two regulations supporting each other, the < code > adhere to a positive advocate, focusing on morality is of Party members and Party leading cadres can see, enough to get a high standard; < rule > around the party discipline, disciplinary ruler requirements, listed as "negative list, focusing on vertical gauge, draw the party organizations and Party members do not touch the" bottom line ". Here, the main from four square face two party rules of interpretation: the first part introduces two party Revised regulations the necessity and the revision process; the second part is the interpretation of the two fundamental principles of the revision of laws and regulations in the party; the third part introduces two party regulations modified the main changes and needs to grasp several key problems; the fourth part on how to grasp the implementation of the two regulations of the party. < code > and < Regulations > revised the necessity and revised history of the CPC Central Committee the amendment to the Chinese Communist Party members and leading cadres honest politics several guidelines > and < Chinese Communist Party discipline and Punishment Regulations > column 1 by 2015 to strengthen party laws and regulations focus. Two party regulations revision work lasted a Years, pooling the wisdom of the whole party, ideological consensus, draw historical experience, respect for the wisdom of our predecessors, which reflects the unity of inheritance and innovation; follow the correct direction, grasp the limited goals, adhere to the party's leadership, to solve the masses of the people reflect a focus on the problem. The new revision of the < code > and < rule >, reflects the party's 18 and the eighth session of the third, the spirit of the fourth plenary session, reflecting the experience of studying and implementing the General Secretary Xi Jinping series of important speech, reflects the party's eighteen years comprehensive strictly practice. (a) revised two regulations of the party need of < the ICAC guidelines > in < in 1997 Leaders as members of the Communist Party of China clean politics certain criteria (Trial) > based on revised, the promulgation and implementation of January 2010, to strengthen the construction of the contingent of leading cadres play an important role. But with the party to manage the party strictly administering the deepening, has not been able to fully meet the actual needs. Content is too complicated, "eight prohibition, 52 are not allowed to" hard to remember, and also difficult to put into practice; the second is concisely positive advocated by the lack of prohibited provisions excessive, no autonomy requirements; the third is banned terms and discipline law, both with the party discipline, disciplinary regulations repeat and Criminal law and other laws and regulations repeat; the fourth is to "clean" the theme is not prominent, not for the existing problems, and is narrow, only needle of county-level leading cadres above. < rule > is in 1997 < Chinese Communist Party disciplinary cases (Trial) > based on revision, in December 2003 the promulgation and implementation, to strengthen the construction of the party play very important role. Along with the development of the situation, which many provisions have been unable to fully meet the comprehensive strictly administering the practice needs. One is Ji law, more than half of the provisions and criminal law and other countries laws and regulations Repetition; two is the political discipline regulations is not prominent, not specific, for violation of the party constitution, damage the authority of Party Constitution of misconduct lack necessary and serious responsibility to pursue; third is the main discipline for the leading cadres, does not cover all Party members. Based on the above situation, need to < the criterion of a clean and honest administration > and < rule > the two is likely to be more relevant regulations first amendment. By revising, really put the authority of Party discipline, the seriousness in the party tree and call up the majority of Party members and cadres of the party constitution of party compasses party consciousness. (II) two party regulations revision process the Central Committee of the Communist Party of China attaches great importance to two regulations revision . Xi Jinping, general books recorded in the Fifth Plenary Session of the eighth session of the Central Commission for Discipline Inspection, on the revised regulations < > made clear instructions. According to the central deployment, the Central Commission for Discipline Inspection from 2014 under six months begin study two regulations revision. The Standing Committee of the Central Commission for Discipline Inspection 4 review revised. Comrade Wang Qishan 14 times held a special meeting to study two regulations revision, amendment clarifies the direction, major issues of principle, path and target, respectively held a forum will listen to part of the province (area) secretary of the Party committee, Secretary of the Discipline Inspection Commission, part of the central ministries and state organs Department The first party committee is mainly responsible for people, views of experts and scholars and grassroots party organizations and Party members. Approved by the Central Committee of the Communist Party of China, on 7 September 2015, the general office of the Central Committee of the Party issued a notice to solicit the provinces (autonomous regions, municipalities) Party, the central ministries and commissions, state ministries and commissions of the Party (party), the General Political Department of the military, every 3 people organization of Party of two regulations revision opinion. Central Commission for Discipline Inspection of extensive solicitation of opinions, careful study, attracting, formed a revised sent reviewers. In October 8 and October 12, Central Committee Political Bureau Standing Committee and the Political Bureau of the Central Committee After consideration of the two regulations revised draft. On October 18, the Central Committee of the Communist Party of China formally issued two regulations. Can say, two laws amendment concentrated the wisdom of the whole party, embodies the party. Second, < code > and < Regulations > revision of the basic principles of two party regulations revision work and implement the party's eighteen, ten eight plenary, the spirit of the Fourth Plenary Session of the Eleventh Central Committee and General Secretary Xi Jinping important instructions on the revised < low political criterion > and < Regulations >, highlighting the ruling party characteristics, serious discipline, the discipline quite in front of the law, based on the current, a long-term, advance as a whole, with Bu Xiuding independent < rule > and < rule >. Main principle is: first, adhere to the party constitution to follow. The constitution about discipline and self-discipline required specific, awaken the party constitution of party compasses party consciousness, maintaining the authority of the constitution. General Secretary Xi Jinping pointed out that "no rules, no side round. Party constitution is the fundamental law, the party must follow the general rules. In early 2015 held the eighth session of the Central Commission for Discipline Inspection Fifth Plenary Session of the 16th Central Committee, Xi Jinping again pointed out that constitution is the party must follow the general rules, but also the general rules." the revision of the < code > and < rule > is Method in adhere to the regulations established for the purpose of combining rule of virtue is to adhere to the party constitution as a fundamental to follow, the constitution authority set up, wake up the party constitution and party rules the sense of discipline, the party constitution about discipline and self-discipline specific requirements. 4 second is to adhere to in accordance with the regulations governing the party and the party. The Party of rule of virtue "de", mainly refers to the party's ideals and beliefs, excellent traditional style. The revised the < code > closely linked to the "self-discipline", insisting on the positive initiative, for all members, highlight the "vital few", emphasized self-discipline, focusing on the morality, and the majority of Party members and the ideological and moral standards. The revised < > Ji method separately, Ji, Ji Yan to Method, as a "negative list", emphasizing the heteronomy, focusing on vertical gauge. Is this one high and one low, a positive reaction, the strict party discipline and practice results transformation for the integration of the whole party to observe moral and discipline requirements, for the majority of Party members and cadres provides benchmarking and ruler. Third, insist on to. In view of the problems existing in the party at the present stage, the main problems of Party members and cadres in the aspect of self-discipline and abide by the discipline to make clearly defined, especially the party's eighteen years strict political discipline and political rules, organization and discipline and to implement the central eight provisions of the spirit against the four winds and other requirements into Disciplinary provisions. Not one pace reachs the designated position, focusing on in line with reality, pragmatic and effective. After the revision of major changes, major changes in the < code > and < rule > modified and needs to grasp several key problems (a) < code > < code > adhere to according to regulations governing the party and party with morals in combination, for at the present stage, the leadership of the party members and cadres and Party members in existing main problems of self-discipline, put forward principles, requirements and specifications, showing Communists noble moral pursuit, reflected at all times and in all over the world ethics from high from low 5 common requirements. One is closely linked to the "self-discipline", removal and no direct relation to the provisions of . the second is adhere to a positive advocate, "eight prohibition" 52 are not allowed to "about the content of the" negative list moved into synchronization amendment < cases >. Three is for all the party members, will apply object from the leadership of the party members and cadres to expand to all Party members, fully embodies the comprehensive strictly required. The fourth is prominent key minority, seize the leadership of the party members and cadres is the key, and put forward higher requirements than the ordinary Party members. Five is to simplify, and strive to achieve concise, easy to understand, easy to remember. The revised < code > is the ruling Party since the first insists on a positive advocate forAll Party members and the self-discipline norms, moral declaration issued to all members of the party and the National People's solemn commitment. > < criterion of a clean and honest administration consists of 4 parts, 18, more than 3600 words. After the revision of the < code >, a total of eight, 281 words, including lead, specification and Party member cadre clean fingered self-discipline norms, etc. Part 3 members low-cost clean and self-discipline, the main contents can be summarized as "four must" "eight code". Lead part, reiterated on ideal and faith, fundamental purpose, the fine traditions and work style, noble sentiments, such as "four must" the principle of requirements, strong tone of self-discipline, The higher request for 6 and supervised tenet, the foothold in permanent Bao the party's advanced nature and purity, to reflect the revised standards requirements. Members of self-discipline norms around the party members how to correctly treat and deal with the "public and private", "cheap and rot" thrifty and extravagance "bitter music", put forward the "four norms". Party leader cadre clean fingered self-discipline norms for the leadership of the party members and cadres of the "vital few", around the "clean politics", from civil servant of the color, the exercise of power, moral integrity, a good family tradition and other aspects of the leadership of the party members and cadres of the "four norms" < > < norm norm. "The Party member's self-discipline norms" and "party members and leading cadre clean fingered self-discipline norms," a total of eight, collectively referred to as the "eight". "Four must" and "eight" of the content from the party constitution and Party's several generation of leaders, especially Xi Jinping, general secretary of the important discussion, refer to the "three discipline and eight points for attention" statements, and reference some embody the Chinese nation excellent traditional culture essence of epigrams. (2) the revised regulations, the main changes in the revised Regulations > to fully adapt to the strictly requirements, reflects the according to the regulations governing the law of recognition of deepening, the realization of the discipline construction and Jin Ju. < rule > is party a ruler, members of the basic line and follow. And the majority of Party members and cadres of Party organizations at all levels should adhere to the bottom line of thinking, fear discipline, hold the bottom line, as a preventive measure, to keep the party's advanced nature and purity. 1, respect for the constitution, refinement and discipline. Revised < rule > from comprehensive comb physical constitution began, the party constitution and other regulations of the Party of Party organizations and Party discipline requirements refinement, clearly defined in violation of the party constitution will be in accordance with regulations to give the corresponding disciplinary action. The original 10 categories of misconduct, integration specification for political discipline, discipline, honesty and discipline masses Ji Law and discipline and discipline and other six categories, the content of < rule > real return to Party discipline, for the majority of Party members and listed a "negative list. 7 2, highlighting the political discipline and political rules. > < Regulations according to the stage of the discipline of outstanding performance, emphasizing political discipline and political rules, organization and discipline, in opposition to the party's leadership and the party's basic theory, basic line, basic program and basic experience, the basic requirement of behavior made prescribed punishment, increase the cliques, against the organization such as violation of the provisions, to ensure that the central government decrees and the Party of centralized and unified. 3, adhere to strict discipline in the law and discipline In front, Ji separated. Revised < Regulations > adhere to the problem oriented, do Ji separated. Any national law existing content, will not repeat the provisions, the total removal of 79 and criminal law, repeat the content of the public security management punishment law, and other laws and regulations. In the general reiterated that party organizations and Party members must conscientiously accept the party's discipline, die van comply with national laws and regulations; at the same time, to investigate violations of Party members and even criminal behavior of Party discipline and responsibility, > < Regulations distinguish five different conditions, with special provisions were made provisions, so as to realize the connection of Party discipline and state law. 4, reflect Wind building and anti-corruption struggle of the latest achievements. < rule > the party's eighteen years implement the spirit of the central provisions of the eight, against the requirements of the "four winds" and transformation for disciplinary provisions, reflecting the style construction is always on the road, not a gust of wind. In the fight against corruption out of new problems, increase the trading rights, the use of authority relatives profit and other disciplinary terms. Prominent discipline of the masses, the new against the interests of the masses and ignore the demands of the masses and other disciplinary terms and make provisions of the disposition and the destruction of the party's close ties with the masses. Discipline to protect the party's purpose. 8 of these regulations, a total of three series, Chapter 15, 178, more than 24000 words, after the revision of the regulations a total of 3 series, Chapter 11, 133, 17000 words, divided into "general" and "special provisions" and "Supplementary Provisions" Part 3. Among them, add, delete, modify the provisions of the proportion of up to nearly 90%. 1, the general general is divided into five chapters. The first chapter to the regulations of the guiding ideology, principles and scope of application of the provisions, highlight the strengthening of the party constitution consciousness, maintenance the authority of Party Constitution, increase the party organizations and Party members must abide by the party constitution, Yan Centralized centralized, would examine at all levels of the amended provisions implementing and maintaining Party discipline, and consciously accept the party discipline, exemplary compliance with national laws and regulations. The second chapter of discipline concept, disciplinary action types and effects of the regulations, will be a serious warning from the original a year for a year and a half; increase the Party Congress representative, by leaving the party above (including leave probation) punishment, the party organization should be terminated its representative qualification provisions. The third chapter of the disciplinary rules of use prescribed in the discipline rectifying process, non convergence, not close hand classified as severely or heavier punishment. "Discipline straighten "At least eighteen years of five years, these five years is to pay close attention to the provisions of the central eight implementation and anti -" four winds ". The fourth chapter on suspicion of illegal party disciplinary distinguish five different conditions, with special provisions were made provisions, to achieve effective convergence of Party and country 9 method. < rule > the provisions of Article 27, Party organizations in the disciplinary review found that party members have committed embezzlement, bribery, dereliction of duty dereliction of duty and other criminal law act is suspected of committing a crime shall give cancel party posts, probation or expelled from the party. The second is < Regulations > Article 28 the provisions of Party organizations in the disciplinary review But found that party members are stipulated in the criminal law, although not involved in a crime shall be investigated for Party discipline and responsibility should be depending on the specific circumstances shall be given a warning until expelled punishment. This situation and a difference is that the former regulation behavior has been suspected of a crime, the feeling is quite strict, and the latter for the behavior not involving crime, only the objective performance of the provisions of the criminal code of behavior, but the plot is a crime to slightly. < Regulations > the 29 provisions, Party organizations in the discipline review found that party members and other illegal behavior, affect the party's image, the damage to the party, the state and the people's interests, we should depend on the situation Seriousness given disciplinary action. The loss of Party members, seriously damaging the party's image of behavior, should be given expelled from the party. At this article is party member is in violation of the criminal law outside the other illegal acts, such as violates the public security administration punishment law, customs law, financial laws and regulations behavior. The fourth is < cases > Article 32 stipulates, minor party members and the circumstances of the crime, the people's Procuratorate shall make a decision not to initiate a prosecution, or the people's court shall make a conviction and exempted from criminal punishment shall be given within the party is removed from his post, probation or expelled from the party. Party members and crime, sheets were fined in accordance with For acts; the principal Ordinance amended the provisions of the preceding paragraph. This is the new content, in order to achieve Ji method effective convergence. Five is < > the thirty third article 10 of the provisions, the Party member due to an intentional crime is sentenced to criminal law (including probation) sheets or additional deprivation of political rights; due to negligence crime and was sentenced to three years or more (excluding three years) a penalty, shall give expelled punishment. Due to negligence crime is convicted and sentenced to three years (including three years) in prison or be sentenced to public surveillance, detention, shall in general be expelled from the party. For the individual may not be expelled from the party, should control Approval. This is followed and retained the original > < Regulations the provisions of punishment party authorization rules and report to a level party organizations. For is "party members with criminal acts, and by the criminal punishment, generally should be expelled from the party". The fifth chapter of probationary Party member of the discipline and discipline after missing members of the treatment and punishment decisions, such as the implementation of the provisions, clear the related party discipline and punishment decision made after, for duties, wages and other relevant alteration formalities for the longest time. 2, sub sub section will the original regulations of 10 categories of acts of violation of discipline integration revised into 6 categories, respectively, in violation of the punishments for acts of political discipline "in violation of discipline behavior of punishment" in violation of integrity of disciplinary action points "of violation punishments for acts of mass discipline" "the violation of work discipline, punishment" in violation of discipline of life behavior punishment "6 chapters. 3, annex" Supplementary Provisions "clear authority making supplementary provisions of, cases of interpretative organ, as well as regulations implementation time and retroactivity etc.. 11 (3) learning understanding > < regulations needs to grasp several key problems The first problem -- about the violation of political discipline behavior > < new ordinance chapter 6 the political discipline column for the six disciplines, that is the main opposition to Party leadership and the opposition of the basic theory, basic line, basic program and basic experience, basic requirements of misconduct made provisions of the disposition, especially the eighteen since the CPC Central Committee put forward the Yan Mingzheng treatment of discipline and political rules requirements and practical achievements transformation for Discipline article, increase the false debate central policies, cliques, against the organization review, make no discipline of the principle of harmony terms. These are the party's eighteen years in comprehensive strictly Process combined with the practice of rich content. (1) false debate the central policies and undermine the Party of centralized and unified the problem is made in accordance with the provisions of the party constitution. Constitution in general programme requirements adhere to democratic centralism is one of the requirements of the construction of the party must adhere to the four cardinal. Application of this principle is not only the party the basic organization principle and is also the mass line in party life, it requires that we must fully develop inner-party democracy, respect for the dominant position of Party members, safeguarding the Party member democratic rights, give full play to the enthusiasm and creativity of the party organizations at all levels and Party members, at the same time, also must implement the right concentration, ensure the party's mission < the chaos in unity and concerted action to ensure that the party's decision to get quickly and effectively implementing. The Party Central Committee formulated the major principles and policies, through different channels and ways, fully listen to the party organizations and Party members of the opinions and suggestions, but 12 is some people face to face not to say back blather "" will not say, after the meeting said, "" Taiwan does not say, and nonsense ", in fact, not only disrupt the people thought, some causing serious consequences, the damage to the Party of the centralized and unified, hinder the central policy implementation, but also a serious violation of the democratic system of principles. There is no doubt that shall, in accordance with the Regulations > 4 Specified in Article 6 to give the appropriate punishment. For did not cause serious consequences, to give criticism and education or the corresponding tissue processing. (2) about the destruction of the party's unity < New Regulations > the forty eighth to fifty second article, to damage Party's unity unified and violation of political discipline, punishment situation made explicit provisions. Article 52 of the new "in the party get round group, gangs seek private gain, cliques, cultivate private forces or through the exchange of interests, for their own to create momentum and other activities to gain political capital, given a serious warning or withdraw from their party posts disposition; if the circumstances are serious, to give Leave a party to observation or expelled from the party. (3) on against the organization review of the provisions of the constitution, party loyalty honesty is party members must comply with the obligations. Members must obey the organization decision, shall not violate the organization decided encounters by asking questions to find organization, rely on the organization, shall not deceive the organization, against the organization. For example, after the investigation does not take the initiative to explain the situation, but to engage in offensive and defensive alliance, hiding the stolen money is against survey organization, is a violation of the behavior of political discipline. Article 24 of the original > < Regulations, although the provisions of the interference, hinder group review the behavior of the fabric can be severely or 13 Aggravated punishment, but did not put this kind of behavior alone as a discipline for qualitative amount of discipline. > < new regulations increase the Article 57, "anti organization review, one of the following acts, given a warning or serious warning; if the circumstances are relatively serious, giving removed from or placed on probation within the party post; if the circumstances are serious, give expelled from the party: (a) on supply or forged, destroyed, transfer, conceal evidence; (II) to prevent others expose, providing evidence Material; (III) harboring co personnel; (4) to the organization to provide false information, to hide the fact; (5) the him against the acts of the organization review. "< rule > add this clause to the Constitution requires more specific, the previous no punishment in accordance with the definite list and put forward clear punishment in accordance with. (4) about organizing or participating in superstitious activities as < Regulations > about engage in activities of feudal superstition obstruction of social management order" violations of Article 164 the provisions, but according to the original < rule > only in disrupting production, work, social life order The case to be disciplinary treatment, in other words, alone make the feudal superstition, organize or participate in the activities of feudal superstition of, does not constitute a violation. Which is not consistent with the requirements of our party's political party. > < new regulations in this change is, superstitious activities on the political discipline, increase the Article 58, is the organization of Party members, in superstitious activities included in violation of the negative list of political discipline deserves punishment, which and Party members should adhere to the correct political principle, political standpoint and viewpoint is consistent. 14 the second question about organization and discipline violation behavior of democratic centralism is our The party's fundamental organizational system. < New Regulations > Chapter 7 "in violation of the behavior of organizational discipline punishment" mainly for violation of democratic centralism, contrary to the "four obey the discipline behavior for source classification rules. Increased not in accordance with the relevant provisions or requirements to the organization for instructions to report on major issues; do not report truthfully report about personal matters; falsify personal archives; hide before joining the party serious mistakes; leading cadres in violation of the relevant provisions of the organization, will participate in the spontaneous formation of the old Xiang, Alumni Association, comrades in arms; to obtain illegal country residence abroad or foreign nationality, illegal for private frontier Documents such as discipline terms. (1) on the report truthfully report personal matters in 2010 the Central Committee of the Communist Party of China office, office of the State Council introduced < provisions on issues related to the leading cadres to report personal >, is clear about the request, deputy division level and above leading cadres should truthfully report changes in my marriage and spouse, children, moved to the country (territory), practitioners, income, real estate, investment and other matters, for failing to report, do not report, concealed and unreported, according to the seriousness of the case, giving criticism and education, and to make a correction within a time limit, shall be ordered to make a check, the commandment Jiemian conversation, informed criticism or jobs, free Post processing, constitute violations, in accordance with the relevant provisions shall be given a disciplinary sanction. But since the original < Regulations > and there is no corresponding specific terms, the violation of the regulations, do not report, as a false report about personal matters, there is no corresponding disciplinary action terms, in practice it is difficult to operate. In this regard, in order to solve is not reported, as a false report about personal matters 15 asked censure, the new < Regulations > add the Article 67 of violation of personal matters related to reporting requirements, report truthfully report the clear punishment basis, making this kind of violation behavior is no longer free drilling for Exhibition on matters of personal checks to verify and supervision of cadres, discipline review provides a powerful discipline guarantee. (2) about the illegal organization, to fellow, alumni, friends of the war will < regulations stipulated in Article 68 of >, leading cadres of the party in violation of relevant provisions of the organization, will participate in the spontaneous formation of fellow, Alumni Association, comrade in arms to give the punishment according to the seriousness of the case. Here special needs note is three points: this provision for only the leading cadres ", reflecting the high requirements of leading cadres; second violation in 2002, the Central Commission for Discipline Inspection, the central Organization Department and the The relevant provisions of the General Political Department jointly issued the < off in leading cadres not to participate in the initiative to set up "the villagers would be" alumni "" comrades in arms organization notice >. That is to say, to the spontaneous formation of fellow, Alumni Association, comrades in arms will constitute the premise of discipline is a violation of the provisions of this. The notification specified, leading cadres are not allowed to participate in the spontaneous incorporation of fellow, alumni, between comrades association would like the organization and shall not bear the sorority Human and the organizer shall not hold the corresponding position in the sorority; shall not borrow machine woven "network" and engage in kiss sparsely, round and round the gangs, but not "align" "Jieyi Gold Orchid" behavior. The third is to emphasize here that shall be organized to participate in the initiative to set up the villager, Alumni Association, comrades in arms. The so-called 16 spontaneous was established mainly means without registration. Therefore, Party members include leading cadres in the normal range of fellow, alumni, comrades in the party is not a violation of the rules of Party discipline. The three problem about integrity violations discipline Lian Jie discipline has been eighteen years clean government and anti The focus of the work of corruption. This Ordinance to amend, honesty and discipline this biggest adjustment, the new content, most of which prescribed by the original < criterion of a clean and honest administration > 8 ban and 52 are not allowed into the basic this part. (1) the central eight provisions of the spirit and requirements into < New > in the regulations of the party's eighteen years, central resolutely implement the provisions of the eight and pay close attention to the node and intensive briefing, on public funds, private bus, public funds tourism, gifts of public funds, the big parade and lavish weddings and festive, illegal payment allowances and subsidies, illegal construction of buildings such as the original masses reflects the relatively strong, "four winds" problem of the Resolute rectification. But original < Regulations > to eat and drink, super standard reception and no clear and specific expression, new < rule > will implement eight Central provisions of the spirit of the problem increased to "clean cheap self-discipline" chapter, clear to exceed the standard, beyond the scope of the reception or borrow machine eating and drinking etc. some in violation of the provisions of the spirit of the eight central relevant persons responsible for punishment, once the violation will be according to the < rule > severely punished, binding, enhanced significantly. One is to add Article 87, about to obtain illegal, hold, and the actual use of the sports card, golf ball cards and other consumer card. Illegal access to private clubs made the punishment provisions. The second is increase the Article 97, has made provisions of the disposition of illegal self pay or 17 spamming allowances, subsidies and bonuses. The third is added to the Article 99, on violation of super standard, beyond the scope of the reception or borrow machine eat and drink to make the provisions of punishment. The fourth is to increase the Article 101, on the management of conference activities in violation of the provisions made sanctions regulations. The fifth is the increased Article 102, for violation of office space management provisions made the punishment provisions. Six is to split the original < rule > Article 78, formed article 98, Article 100 of public Models of tourism, violate the provisions on the administration of the use of discipline of the bus through the list of made a more detailed provisions, apply more operational. Seven is increased the article 96, in violation of the relevant provisions of the, to participate in public funds to pay for dinner, high consumption of entertainment, fitness activities and public funds to buy gift, send gifts to make the provisions of the disposition. On the violation of the central provisions of the spirit of the eight, in addition to > < new regulations into "violation of honesty and self-discipline" misconduct outside, is different with the original < Regulations >, revised < rule > clearly defined not only to disposition of the directly responsible persons, but also dispose of collar Guide responsibilities. (2) increased trading rights, use of authority or position influence as relatives and close to profit violation of the terms of the < New Regulations > absorption < clean politics several guidelines > the relevant provisions spirit, increase the "negative list, including trading rights, the functions and powers or duties of influence as relatives and staff around profit. Increase Article 81" mutual use of office or authority ring for each other and their spouses, children and their spouses and other relatives, around 18 personnel and other specific relationship between the people to seek benefits engage in trading rights, given a warning or serious warning Sanctions; if the circumstances are relatively serious, giving removed from or placed on probation within the party post; if the circumstances are serious, shall be expelled from the party. Increase Article 82 "connivance, acquiescence to the spouse, children and spouse etc. relatives and staff around the effect of Party members and cadres personal authority or position for personal gain, if the circumstances are relatively minor, given a warning or a serious warning; if the circumstances are relatively serious, giving removed from or placed on probation within the party post; if the circumstances are serious, the given Expelled from the party. Party members and cadres of the spouses, children and their spouses does the actual work and get salary or although the actual work but to receive significantly beyond the same rank salary standard, Party members and cadres informed fails to correct, in accordance with the provisions of the preceding paragraph. "(3) about the gifts, gifts misconduct from handling practices in recent years, engaged in official cadres received gifts, gifts problems more prominent. This has seriously affected the image of Party members and cadres, damaged the relations between the party and the masses, and is a hotbed of corruption, is really necessary for this kind of behavior to be disciplined. < rule > no on accepting gifts, gifts, Card consumption behavior to engage in simple "one size fits all", but the difference between the different separately. One is in accordance with the provisions of Article 83, accepting may affect the impartial enforcement of the official gifts, gifts, consumer cards to depending on the seriousness of the case shall be given disciplinary sanctions. That is to say, for may affect the fair execution of business gifts, gifts, consumer cards are not allowed to accept. 19 is in accordance with the provisions of Article 83, accepting was significantly higher than normal ceremony is still exchanges of gifts, gifts, consumer card to disciplinary action. This is new regulations that daily life is purely reciprocity, accepting the same thing, boys , fellow friends gifts, gifts, shopping cards, although and fair execution of business has nothing to do, also want to as the case shall be dealt with, the situation is obviously beyond normal reciprocity ". The so-called" reciprocity ", one is emphasizes the reciprocal in protocol. In other words is you to me how, I to you how, not only does not go. The second is to significantly exceeded the normal local economy level, customs and habits, economic capacity of individual gifts, gift value. Specific sanctions to according to the processing of a variety of factors to consider, as appropriate. The third is the root according to the provisions of Article 84," to Engaged in public service personnel and their spouses and children, children's spouses and other relatives and other specific relationship presented Ming Xianchao normal reciprocity of gifts, gifts, consumer card, if the circumstances are relatively serious, given a warning until probation. "In accordance with the above provisions, gift giving significantly beyond the normal reciprocity, giver constitute the discipline. (4) on illegal trading of stocks or of other regulations of securities investment < > Article 88 is engaged in punishment regulation of camp and activity in violation of the relevant provisions on. Among them, 3 will" buying and selling stocks or in other securities investment "column as one of disciplinary cases Out. First need to be clear, > < regulations did not change the provisions of the Ordinance. The ordinance of the provisions of the second paragraph of Article 77 provisions "who, in violation of the provisions of the sale of stocks" is one of the violation, and at the beginning of the first paragraph of this article "violation of 20 against the relevant provisions of the" textual representation of the repeat revision. In, just from the legislative technique removed the "personal" in violation of the provisions, content and not to change the original provisions. Need to clear is, "buy or sell a stock or of other securities investment" refers to violation of the relevant provisions refers to in April 2001, the Party Central Committee, the State Council promulgated the On the work of the party and government organs staff's personal investment in securities if dry provisions >. According to the provisions of Article 3, use of work time, office facilities, the sale of stocks and securities investment fund belongs to illegal behavior. The fourth question, about the violation of the masses of the disciplinary actions < new regulations > would violate public discipline behavior of a single set of a class of restored "three rules of discipline and eight note" in the discipline of the masses of excellent traditional. < New Regulations > Chapter 9 "to violate the masses of disciplinary action", mainly the destruction of the party's close ties with the masses of misconduct made provisions on disciplinary; enrich and perfect the super standard, beyond the scope of Xiang Qun < All to raise fund and labor, in for involving the public affairs deliberately, chinakayao, in social security, policy support, disaster relief funds and materials and other matters assigned any kind and affectionate friends, obviously unfair acts against the interests of the masses of the disciplinary terms; increase the terms not in accordance with the provisions of the public party provided, government, factory and village (neighborhood) provided etc. violation of the people's right to know the behavior of the discipline. The fifth issue, on the violation of work discipline violation of work discipline added "negative list, including Party organizations carry out strictly Main responsibility for poor discipline terms. (1) the new party organization comprehensive strictly the main responsibility of the party does not fulfill the 21 or perform poor disciplinary terms < New Regulations > has a lead people to pay attention to the new terms, that is, in chapter ten "on the violation of work discipline behavior punishment" increase in the one hundred and fourteenth "party fail to perform comprehensive strictly the main responsibility of the party or to perform comprehensive strictly the main responsibility for administering the ineffective, resulting in serious damage or serious adverse effects, to the person directly responsible and the responsibility of leadership and give a warning or serious warning. The situation is serious, giving removed from their party posts or on probation Punishment. "Here the changes. For the first time, the main responsibility write < rule >. (2) new shall report does not report or false reporting discipline shall increase the 117 bar" in the higher level units to check to inspect the work or report to the parent unit, work report of shall report the matters do not report or do not report, cause serious damage or serious adverse effects of, to the person directly responsible and the responsibility of leadership, to give warning or a serious warning; if the circumstances are serious, giving removed from their party posts or placed on probation. "For example, during the tour visits to the region, the unit Members the obligation to the inspection teams to reflect the true situation, to conceal not reported or intentionally to the inspection teams to provide false information, causing serious damage or serious adverse effects of, the person directly responsible and the responsibility of leadership should be in accordance with the provisions of < rule > Article 117 to give the appropriate punishment. (3) the new not granted in accordance with the provisions of punishment, not according to the provisions of the implementation of disciplinary measures 22 violation of the provisions of Article 115 "Party organizations have one of the following circumstances, the direct leadership responsibility. Probation: members were sentenced punished, in accordance with the provisions give disciplinary action or in violation of state law Rules of behavior should be given disciplinary punishment and dispose of; disciplinary punishment by decision or complaint review the decision made, not in accordance with the provisions of the implementation decisions on punishment of the party, position, rank, and the treatment of the matters; Party members subject to disciplinary action, not in accordance with the cadre management authority and organizational relationships of by dispose of Party members to carry out education and supervision of daily management. "What needs to be pointed out is," cliff "demoted with cars, housing, secretary problem, implementation is not a discipline and party posts and ranks treatment by the organization department is responsible for the implementation, with cars, housing by the logistics department is responsible for the implementation of, Ji Commission responsible oversight responsibilities. The six questions, about the acts violating the discipline of life "in violation of discipline of life behavior punishment", mainly to "four winds" problems and a serious violation of social morality, family virtue acts of misconduct made provisions on disciplinary, an increase of extravagant life, contrary to the social public order and good customs disciplinary terms. Worth mentioning is, > < Regulations in Article 150 about "adultery" "mistress (Cardiff) formulation in the new < rule > is removed, to expand the scope of Article 127 provisions" and others hair improper sexual relations, let face disciplinary action Wider more strict. Four, and earnestly do a good job in the < code > and < rule > implement system of life lies in execution. < code > and < Regulations > is 23 Party organizations at all levels of a strong constraint and all Party members follow. Learning and implementing the < code > and < rule > is party committees (party), commission for discipline, discipline inspection group), the majority of Party members and cadres of the common responsibility, must party caught together, the party one execution. () Party committees (party) and play and implement comprehensive strictly the main responsibility, pays special attention to the two party regulations learning cross penetration. One is to Adhere to the party constitution is fundamental to follow, and resolutely safeguard the authority of the Party Chapter. The second is to adhere to the problem oriented, to strictly political discipline and political rule moments in the first place. The third is to adhere to the discipline and rules quite in front must not allow the bottom line to break the discipline. The fourth is to seriously organize the study of propaganda and education, in the city party members to create a disciplined, about the rules of the strong atmosphere. (II) Commission for Discipline Inspection at all levels (Discipline Inspection Group) to an important basis for the revised two party regulations as, adhere to easily blame, strengthen supervision and enforcement And early method in combining Ji, increase accountability efforts. One is to two regulations within the party important basis, adhere to the party constitution duties, with strict discipline to maintain the constitution authority. The second is to adhere to high standards and keep the bottom line, adhere to Ji Yan in law and discipline, the discipline and rules quite in front, grasping grasping small, easily blame, comprehensive use of supervision and discipline of "four kinds of form" in the discipline embodies the strict requirements and care for the discipline, tighten up, Yan. According to discipline in accordance with regulations to carry out disciplinary review. Increase the violations punishment, clues can initiate an investigation on the trial of cases According to the discipline on the provisions of the proportion of processing and control manager maintains discipline. To focus on investigating non convergence, don't accept hand serious disciplinary violations at the same time, pay more attention to the general review of discipline 24 behavior, and gradually increase the lighter punishment. Four is to illuminate two party regulations, combined with the local district of the Department of party conduct Lianzheng to relevant laws and regulations system clean, timely research proposes to establish, change, waste release opinion, avoid conflict, and the fasten system of cage, and gradually formed not rot, not rot, not want to rot system and working mechanism. (3) the leadership of the party members and cadres should play an exemplary role. The rate of higher consciousness of the front of the Ordinance to lead practice self-discipline norms, leading to maintain discipline of seriousness and authority. One is the above rate, demonstration and guidance, take the lead in learning and mastering the < code > and < > the requirements and regulations, do the deep understanding, learning to use. The second is to play an exemplary role in abiding by discipline rate, take the lead in practicing self-discipline norms, firmly establish before the discipline are equal, the system has no privilege, discipline is no exception, and consciously do standards, require more strict measures more practical. Third is to consciously accept supervision, conscientiously participate in the democratic life and debriefing honesty responsibility, such as Real to the party organization to report personal matters, and to accept the supervision of the work and life of the normal, habits under the supervision of the exercise of power, to carry out the work. The fourth is to set an example for the strict enforcement of discipline. Leading cadres should take the lead in the maintenance of discipline of seriousness and authority, to dare to seriously, dare to struggle, dare to offend people, for misconduct not laissez faire, but do not indulge, not tolerate to ensure the party constitution of party compasses party put in place. (4) the majority of Party members and cadres to set high standards and hold the bottom line, consciously abide by the < code > and < rule >. One is to control the < standard > and < 25 cases >, tight Close connection with their own thoughts, practical work and life, efforts to solve the problems, to enhance the study and implement of the effectiveness and pertinence. The second is to establish a high standard and hold the bottom line, consciously in the self-discipline pursuit of high standards, strictly in the party away from the red line discipline, discipline, about the rules and know fear, distrust, the formation of the honor system, comply with the system, safeguard system of good habits. Regulations and discipline regulations of < < New Revision of the Communist Party of China clean fingered self-discipline criterion > and < Chinese Communist Party Disciplinary Regulations > is the Party Central Committee in the new situation to promote the comprehensive strictly root of the lift, the regulations of the party construction of keeping pace with the times. We should study and implement the Standards > and < > as the primary political task, adhere to the party constitution duties, adhere to the discipline of, Ji Yan in law, the full implementation of supervision and discipline accountability responsibilities for coordination and promotion "four overall" strategic layout in XX District vivid practice to provide a strong guarantee. - Si Jian Wu, and effectively enhance the implementation of the implementation of the < code > < > The consciousness of General Secretary Xi pointed out that the party is in charge of the party, to manage the party; strictly, it can cure good party. Criterion > and < rule > keep pace with the times is our party to form a new potential strictly rules, to deepen understanding of the ruling law, is a comprehensive strictly, and strengthen the supervision within the party important grasper. Criterion > closely linked to the theme of self-discipline, self-discipline intensity-modulated, focusing on morality, for the majority of Party members and cadres set to see, feel the high standard, show the Communists noble moral sentiment; District Ordinance < < rule > the constitution of discipline integration into a political discipline, organization and discipline, honesty and discipline, discipline of the masses, work discipline, discipline, emphasize discipline, focusing on established rules, to draw the party organizations and Party members do not touch the bottom line. Party committees (party) to effectively strengthen the study and publicize the implementation of the < code > and < rule > the organization and leadership of criterion > and < > a full range, multi angle, deep publicity, the formation of study and publicize and implement the boom, in order to consolidate the development of good political environment to create a positive environment and atmosphere. The majority of Party members and cadres to strict requirements, the < rule > and < Ordinance cases > as a guide to action and behavior criterion, adhere to the moral standards and discipline of the bottom line, to maintain the discipline of worship and awe, learning, compliance, and maintain party discipline and rules of the model. The discipline inspection and supervision organs and cadres to the < code > and < > as the deepening of the "three", and strengthen supervision and discipline of accountability is important to follow correctly grasp the use of supervision and discipline of "four types", promote the comprehensive strictly in new roots. Strict discipline, adhere to the discipline and rules quite in front of the enterprise in the implementation of expensive to implement to execute. The discipline inspection and supervision organs to implement the < code > and < Efforts to investigate cases > as an opportunity, adhere to the party should manage the party strictly, serious performance of their duties to promote two regulations implementation. Change discipline concept. From the simple "investigation of illegal" to a comprehensive "stare at violate discipline"; from the business case to prosecute the big cases and timely solve the signs of tilt to. From the orientation to the normal supervision; from the tube "minority" to resist the "most". Guide Party members and cadres to seriously implement the < code > and < rule >, consciously abide by the political, organizational, honest people, work, life six discipline. Urge the leadership cadres sent to play an exemplary role, take the lead in strictly enforced. Relaxation and rest Strong wind is Su Ji, closely linked to the "four winds" prone to multiple, the masses reflect the strong important nodes and, glued to the four winds "new form, new trends, seriously investigate and deal with violations of the central eight provisions of the spirit, to increase the bulletin exposure intensity, the formation of Chajiu" four winds "loudly, continue to release and discipline must be strict signal. At the same time, extended supervision tentacles, through the development of the rural and fishery party conduct Lianzheng construction inspection, issued in a timely manner, Chajiu occurred in grassroots side of corruption and unhealthy, and earnestly safeguard the interests of the masses and social stability. The creativity and discipline. Grasp and make good use of the supervision and discipline of" four types ", to ensure the Promoting clues to lots of discipline and the law of the vacuum tube, strict together. Not only to the "less" and "very few" thorough investigation severely punished, but also the "most" to maintain zero tolerance trend through layers of conductive pressure, let the discipline about the rules for each party members and cadres consciously follow. At present, it is necessary to implement the "list" management, strictly follow the clues to the disposal of five standards, make the classification of disposal, dynamic cleanup. Zadok Party committees at all levels to implement the main responsibility, comprehensive use of disciplinary action and tissue processing and other means to effectively curb the commonplace, used to see do not blame the "small problem", not because of "practice" and "exception". Prominent Discipline characteristics, the problems of violation of discipline and rules into the focus of supervision and discipline and disciplinary review. At the same time, increase case double check the intensity, the serious problems of discipline violations or "four winds" ban but not absolutely, not only to be held directly responsible, but also held leadership responsibility; not only to pursue studies the main responsibility of the Party committee, and to pursue Commission for Discipline Inspection and supervision responsibilities and promote accountability to become the new norm. The implementation of supervisory responsibility. Maintain < code > and < rule > the seriousness and authority of the discipline and rules and truly become the party's ruler. Discipline as supervision within the party the specialized agency, we must strengthen the responsibility to act, adhere to the Impartial discipline accountability, earnestly will be strict discipline, discipline must be punished, and severely punish the acts in violation of rules and regulations.