党员干部收受消费卡行为定性处理
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以案明纪释法|党员干部收受消费卡行为的定性处理探析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-09-24 01:29
Core Viewpoint - The article discusses the classification and handling of a case involving a public official, Zhang, who accepted a consumption card from a business representative, highlighting the need for precise and fact-based evaluations in determining whether such actions constitute disciplinary violations or bribery [1]. Case Background - Zhang, a deputy director in A City, was involved in logistics outsourcing, and received a consumption card worth 30,000 yuan from Luo, the representative of B Logistics Company, after dining together [2]. - The consumption card was purchased for 25,000 yuan during a promotional event, which increased its value to 30,000 yuan, and Zhang used it multiple times for dining with Luo [2]. Divergent Opinions - Three main opinions exist regarding the classification of Zhang's actions: 1. Zhang's acceptance of the card constitutes bribery, with the amount recognized as 30,000 yuan due to the relationship with Luo [3]. 2. Zhang's actions violate the central eight regulations and should be treated as a disciplinary issue, with the amount recognized as 20,000 yuan based on shared dining expenses [4]. 3. Zhang's actions also violate the regulations, but the amount should be recognized as 25,000 yuan, the actual payment made for the card [5]. Amount Recognition Analysis - The article emphasizes the importance of accurately determining the amount involved in Zhang's case, with three viewpoints on how to assess the value of the consumption card: 1. Based on the card's face value of 30,000 yuan [6]. 2. After deducting shared expenses, recognizing it as 20,000 yuan [7]. 3. Recognizing it as 25,000 yuan, the actual payment made by Luo [6][7]. Behavioral Classification Analysis - The article references legal interpretations that suggest Zhang's acceptance of the card could be seen as a potential conflict of interest, especially given the business relationship between Zhang's department and Luo's company [8]. - However, since there were no specific requests made by Luo to Zhang, it argues that Zhang's actions do not meet the criteria for bribery [9]. Conclusion - Ultimately, Zhang's acceptance of the consumption card is classified as a violation of the central eight regulations, with the amount recognized as 25,000 yuan, aligning with the third viewpoint [11].