Legal analysis
Public officials involved in business activities in violation of the law, is bound to breed corruption, not only to undermine the seriousness of the disciplinary rules, but also to disrupt the market order, undermine the business environment, damage to the social justice, the harm is very deep. Public officials involved in business activities to be given a demerit or demerit punishment, the circumstances of the more serious to be demoted or dismissed punishment, the circumstances are serious, to be dismissed punishment. If a public official engages in business, whether it may constitute a violation of the law or a criminal act, in the relevant laws, there is no clear crime corresponding to the behavior of public officials in business, that is to say, according to the principle of the law of crime and punishment, if a public official is only purely engaged in profit-making activities and does not make use of the convenience of his or her position, and does not infringe on the integrity of the official's job behavior, it does not constitute a crime. However, such behavior constitutes a breach of discipline or even a violation of the law, and shall be subject to party disciplinary or administrative sanctions. Whether or not a public official's illegal business conduct may constitute a crime still requires a substantive review, the criteria for which are whether or not he or she has utilized the convenience of his or her office in the course of engaging in business activities and whether or not the business benefits he or she has sought are unreasonable.
Legal basis
"The Chinese people's **** and the state administrative organs of civil servants punishment regulations" article 27 engaged in or involved in profit-making activities, in the enterprise or other profit-making organizations in a part-time position, to give a demerit or demerit punishment. In more serious cases, he shall be demoted or dismissed from office; in serious cases, he shall be dismissed from office.
Article 94 of the Regulations on Disciplinary Measures of the ****anufacturing Party of China violates the relevant provisions of engaging in profit-making activities, and engages in any of the following behaviors, if the circumstances are less serious, he shall be given a warning or a serious warning; if the circumstances are more serious, he shall be given the punishment of revocation of the Party's internal position or probation; if the circumstances are more serious, he shall be given the punishment of expulsion from the Party: (1) engaging in business and running an enterprise; (2) owning shares or securities of a company (enterprise) that is not listed; (3) owning shares of a company (enterprise) that is not listed; and (4) owning shares of a company (enterprise) that is not listed. (ii) owning shares or securities of a non-listed company (enterprise); (iii) buying and selling stocks or making other investments in securities; (iv) engaging in paid intermediary activities; (v) registering a company or investing in shares in a foreign country (territory); and (vi) engaging in profit-making activities in violation of other relevant regulations. The use of participation in corporate restructuring and reorganization, targeted increase, merger and investment, land use rights transfer and other decision-making, approval process of the information grasped in the purchase and sale of stocks, the use of authority or positional influence through the purchase of trust products, funds and other means of abnormal profit, in accordance with the provisions of the preceding paragraph. Violation of the relevant provisions of the economic organizations, social organizations and other units in part-time work, or approved part-time work but to obtain remuneration, bonuses, allowances and other additional benefits, in accordance with the provisions of the first paragraph.