Eating and drinking with public funds has become a bad habit in China officialdom. Over the years, although the masses have complained a lot, they have developed into a normal and helpless situation. The central government has also asked governments at all levels to stop the unhealthy trend of eating and drinking with public funds and win the trust of the people, but the actual situation is getting worse and worse, and the standard of eating and drinking is getting higher and higher. Problems such as waste, derivative corruption and damage to the government image caused by official reception can not be ignored. Is there any way to prevent officials from wasting public funds by eating and drinking? It has also attracted the attention of many legal experts and put forward some useful suggestions.
Some legal experts have discussed the crime and non-crime of eating and drinking with public funds. Some people think that people who eat and drink with public funds should be given a "crime of extravagance and waste", but in the end there is no substantive result. Some experts say that at present, in China, eating and drinking with public funds is just a violation of discipline, and it has not yet risen to the level of corruption conviction. Legislation should be made to convict people who eat and drink with public funds, because in fact, people who eat and drink with public funds have encroached on social property.
It can be seen that relying on several documents issued by the central government to curb the violation of discipline against the wind has little effect, and it is even getting worse, which proves that eating and drinking by administrative means is no longer binding. Only by rising to the height of legislative punishment and passing a detailed government budget can we achieve certain results.
But the key is what is the conviction standard for eating and drinking with public funds. Many questions are before us, such as who to eat, how much to eat, when to eat or not to eat, and so on. It involves the key factors of crime and non-crime. If the crime of "profligacy and waste" is established as experts say, it is worthy of people's deep suspicion under the current national conditions and existing supervision mechanism in China. Even if laws are enacted,
The deep-seated reasons for the growing trend of eating and drinking are not only the bad habits of China traditional society, but also the official-oriented thought in China officialdom culture, and the unsupervised comparison between them. "If others can eat, I can't eat?" And "I don't corrupt, I don't take bribes" and so on. Eating and drinking is nothing. "For a long time, people who violate the regulations on eating and drinking public funds have been warned and dealt with by informed criticism. Only in a few cases with bad influence will their position be affected. In the past, as long as it didn't cause great bad influence, generally no one would interfere with such illegal things, so it would become more and more expensive.
Legal experts also said that the total amount of food and beverage can be controlled through the government's annual budget, and if it exceeds the budget, it will be punished by law; But I think this method is also difficult to achieve the goal. Why? First of all, the government budget is formulated by government officials themselves. The approval of the National People's Congress is only a formality, and it is also included in the general budget. The total amount of next year is determined by the amount of expenses in the previous years, and the result is higher every year. If the budget is overfulfilled at the end of the year, government departments also have the right to increase the budget for various reasons, and they can find any justifiable reason to prove the rationality of the eating and drinking project; Second, how to determine the standard of eating and drinking in the budget, what to eat, how much to eat, and who to eat with are all difficult problems and problems; The third is that all government departments have their own coffers more or less. These are all extrabudgetary funds. Who can control them? Who can guarantee that public funds do not come from small coffers?
Experts also believe that what needs to be solved urgently at present is how to change the status quo of "unsupervised, unsupervised" or poor supervision of fiscal expenditure. In particular, it is necessary to further improve the legal system for supervising financial funds, expand the path space for public supervision, increase punishment, and stop the unhealthy trend of using official consumption to embezzle financial funds. There is also serious operability at this point. Regarding the so-called regulatory issues, is there a problem with eating and drinking public funds? If we can effectively supervise under the current system, including mass supervision, there is no need to formulate the crime of "extravagance and waste". The government monitors its own reality, making the feasibility of this legislation almost zero. Speaking of supervision, you can know how much waste there is in high-end cars parked outside luxury high-end consumer places every day. As long as they can participate in official reception, they should be paid by the public. Public money travel, private hospitality and public money gifts are very common. Official reception has become a basket, all expenses can be put in, and investigation and supervision are needed. ! It's easy to catch or want to catch, everywhere. The key is who will catch it.
Spending public money on food and drink has always been a problem that people hate, and it is also a bad habit that government departments have been criticized for many years. It was not built in a day, and it was by no means overnight. Can laws be made to control it? If there is no operability, then the law will be a dead letter and become the laughing stock of the masses, which is counterproductive.
To truly stop the unhealthy trend of extravagance and waste, we must rely on the reform of the whole management system, the improvement of the administrative system, and take a multi-pronged approach, supplemented by the constraints of party discipline and state law, in order to achieve certain results. The so-called "three public" consumption specifically refers to; Public funds for eating and drinking, bus consumption, and going abroad at public expense are now public.
Build a house and use public funds to build an office building. In 2006, the total national fiscal revenue was 3,937.32 billion yuan, and the total expenditure was 4,042,273.
The "three public consumption" competition of 900 billion yuan in that year was almost the total investment scale of the central government125.4 billion yuan in that year.
7.2 times, accounting for nearly 30% of the country's total fiscal revenue. Chinese farmers over 60 will enjoy the national inclusive pension.
. More than 1 100 million farmers over the age of 60 get 55 yuan a month, which is only about 80 billion a year. A large number of "three public consumption"
Word has not only brought a huge burden to the national finance, but also directly related to the improvement of the people's livelihood, society and
Harmony and stability, whether the government can win the trust of the people, is this a crime?
Article 382 of China's current criminal law stipulates; State functionaries take advantage of their positions to embezzle and steal.
Fraud or illegal possession of public property by other means is a crime of corruption. Government officials use their positions,
Is it a crime to eat and drink with public funds?