党员干部违规经商办企业
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违规经商办企业有盈有亏如何计算违纪所得
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2026-02-25 00:16
当官发财两条道。从查处的案例看,少数党员干部既想当官又想发财,隐身幕后以亲属等人名义违规从 事营利活动。执纪执法实践中,对于党员干部在多次违规经商办企业后,既有盈利的,也有亏损的,如 何确定违纪所得数额,容易存在不同认识;同时,其因担心被查处,长期对组织隐瞒不报自己违规从事 营利活动的行为,对此,应认定为违反廉洁纪律的一个违纪行为,还是认定为违反廉洁纪律和违反组织 纪律两个违纪行为,也容易存在不同认识。笔者结合一起案例进行分析。 本案中,张某先后三次违规从事营利活动,无论盈亏与否均违反廉洁纪律,第一次盈利150万元,第二 次亏损60万元,第三次亏损80万元,不能对上述有盈有亏的违纪行为总体计算盈亏以认定违纪所得,这 样操作不仅不符合违纪所得的概念和范围,也违反了全面收缴违纪违法所得的原则。对此类情形,应按 照违反廉洁纪律的具体行为,分别认定其第一次违纪行为的违纪所得为150万元,并予以收缴;后两次 违纪行为因亏损未产生违纪所得,对该亏损部分亦不应从前一违纪行为的所得中予以扣减。如此不仅能 够依规依纪依法处置被审查人违纪所得财物,发挥惩戒作用,同时也体现了不让违纪违法者因其违纪违 法行为得利的原则。 其次,对张 ...
违规拥有非上市公司股份,原省长被“双开”
母基金研究中心· 2025-10-11 08:56
Core Points - The article discusses the serious disciplinary violations of Jin Xiangjun, a former high-ranking official in Shanxi Province, leading to his expulsion from the Party and public office [1][2] - It highlights the ongoing issue of Party members and officials owning shares in non-listed companies, which is considered a violation of Party discipline and poses risks of corruption [2][4] - The article emphasizes the historical context of regulations prohibiting government officials from engaging in business activities, dating back to 1986 [3][4] Summary by Sections Disciplinary Actions - Jin Xiangjun was investigated for severe violations, including accepting gifts and services from private enterprises, and misusing his position for personal gain [1][2] - The Central Commission for Discipline Inspection decided to expel him from the Party and public office, and his case has been referred to the judicial authorities for further action [2] Regulations on Business Activities - The article outlines various regulations that prohibit Party members and officials from engaging in business activities, including owning shares in non-listed companies [3][4] - It cites specific laws and guidelines that classify such actions as violations of integrity and discipline [3][4] Historical Context - The article references a 1986 directive that explicitly forbids government officials from engaging in business, reinforcing the long-standing nature of these regulations [3] - It discusses the implications of officials acting as both government representatives and business participants, which can lead to conflicts of interest and corruption [4][5] Recent Cases - The article mentions recent cases where officials were punished for similar violations, highlighting a pattern of misconduct related to financial dealings and investments [5][6] - It notes that the Central Commission has increasingly focused on the issue of officials engaging in private equity investments, which are seen as a form of business activity [6][7]