Does the "iron rice bowl" that cannot be broken by drug use exist? Punishment | Public Officials | Iron Rice Bowl
According to a report from netizens, Du, a public official in Baotou, has been punished twice by the public security organs for using drugs and is still employed. The Agriculture, Forestry and Water Bureau of Kundulun District, Baotou, responded that Du was indeed a staff member of the unit's establishment, and the reported situation is true.
Can someone with a history of drug use still hold public office? What did the involved unit and lawyer say?
Unit response why still in office:
"Use it normally if it hasn't been repeated"
According to Red Star News, Du was detained by the public security organs for 15 days for the first time and forced to undergo drug rehabilitation for two years for the second time. A staff member of the Agriculture, Animal Husbandry, Forestry and Water Bureau in Kundulun District revealed that the disciplinary commission's handling of Du's drug use incident resulted in his expulsion from the party, his salary being reduced to the minimum, his position being retained, and his public position being retained. The staff member said, "We will use it as an ordinary cadre now. He is already the lowest paid in our unit.".
"We have also been observing and his work attitude is positive and his performance is quite good. After making the changes, he has not made any more mistakes. I think we can use it normally, and I hope everyone can have a peaceful and correct view." The staff member also stated that since Du was dealt with in 2020, he has not relapse.
This response did not elicit a "peaceful" view from netizens. As is well known, the entertainment industry is a heavily affected area where drug scandals have been exposed. In this year's hit drama "Fury", the history of drug dealer Zhong Asi being arrested for drug use was exposed. The production team immediately modified and deleted the relevant scenes of the actor, and retained the legal right to hold the actor and his related employment accountable. There are many examples of drug related artists being banned for life. Do public officials have the privilege to retain their official positions when they are involved in drug related activities?
Lawyer's interpretation: Those with a history of drug use are generally dismissed from public office
There is a clear legal basis in China for the employment restriction of drug rehabilitation personnel. Chang Sha, a partner at Beijing Kyoto Law Firm, told China News Agency that drug use is an administrative penalty, not a criminal penalty, as it is a direct train service. In principle, only criminal offenses necessarily result in dismissal from public office. But for public officials, there are also specific regulations.
1., in accordance with Article 31 of the regulations on the punishment of Civil servants of Administrative organs, those who take or inject drugs or organize, support or participate in prostitution, whoring or pornographic activities shall be dismissed or expelled.
2., in accordance with the provisions of Article 21 of the interim provisions on the punishment of staff of Public institutions, those who take drugs or organize or participate in gambling activities shall be given a warning or demerit; if the circumstances are serious, they shall be given a demotion or dismissal; if the circumstances are serious, they shall be expelled.
Article 40 of the Law on the Administration of the People's Republic of China Public Officials, which came into effect on July 1, 2020 in 3., stipulates that those who take or inject drugs, organize gambling, organize, support or participate in prostitution, whoring or pornography shall be removed from office or expelled.
Therefore, whether it is a public official or a staff member of an ordinary public institution, as long as they take drugs, they should at least be dismissed or downgraded; if the circumstances are serious, such as repeated drug abuse or drug addiction, they will generally be expelled from public office., The regulations for public officials with special status are more stringent.
Can drug users find employment? Sure! But choices are limited
Article 3 of the Labor Law of the People's Republic of China stipulates that workers have the right to equal employment and the choice of profession. To ensure the right to survival of drug rehabilitation personnel and encourage them to live a positive and upward life, the judicial authorities have also made many efforts. On June 26, 2011, the Drug Rehabilitation Regulations were officially implemented. According to Article 52, "Drug rehabilitation personnel shall not be discriminated against in terms of enrollment, employment, and social security. Relevant departments, organizations, and personnel shall provide necessary guidance and assistance to drug rehabilitation personnel in terms of enrollment, employment, and social security."
In addition to public officials, some industries have established restrictions on drug-related personnel based on the nature of the industry.
Practitioners of 1. precursor chemicals and hemp essence drugs. According to the Regulations on the Administration of Precursor Chemicals and the Measures for the Licensing of the Production and Operation of Non-Pharmaceutical Precursor Chemicals, the legal representative or main person in charge, technical, management, and sales personnel of the precursor chemical production and operation enterprise No criminal record of drugs. According to the regulations on the administration of narcotic drugs and psychotropic drugs, if the unit and its staff members violate the provisions of laws and administrative regulations on drug control within two years, they shall not carry out experimental research activities of narcotic drugs and psychotropic drugs or engage in designated wholesale of narcotic drugs and psychotropic drugs. Those who violate the relevant laws and administrative regulations on drug control shall not apply for designated production enterprises of narcotic drugs and psychotropic drugs.
2. driver. According to the regulations on the application and use of motor vehicle driver's license, those who have taken drugs by injection within three years or lifted the compulsory isolation and detoxification measures for less than three years, or have been addicted to dependent psychotropic drugs for a long time, shall not apply for a driver's license. In addition, according to the "Urban Bus and Tram Passenger Transport Management Regulations", drivers and flight attendants engaged in urban bus and tram passenger transport must have no drug abuse record. The interim measures for the Administration of online booking Taxi Business Services also makes it clear that online car-hailing drivers should have no record of taking drugs.
3. kindergarten teacher. The Kindergarten Work Regulations stipulate that people with criminal, drug-taking records and mental history are not allowed to work in kindergartens.
4. security. According to the regulations on the administration of security services, those who have been detained for education, compulsory isolation for drug rehabilitation, reeducation through labor or administrative detention for more than three times shall not serve as security guards
5. entertainment industry. According to the regulations on the Administration of places of Entertainment, those who smuggle, sell, transport, manufacture or inject drugs and have been forced to give up drugs because of taking or injecting drugs shall not set up places of entertainment or work in places of entertainment.
Senior managers of 6. financial institutions. According to the "Administrative Measures for the Qualifications of Senior Managers of Financial Institutions," those who violate social ethics such as gambling, drug abuse, and prostitution, which cause adverse effects, are not allowed to serve as senior managers of financial institutions.
In addition, drug use is an administrative penalty, while smuggling, trafficking and transporting drugs are suspected of criminal offences. Once there is a record of criminal punishment, there are more industries that are subject to access restrictions. For example, the staff of the public, procuratorate, law and other judicial organs, teachers, lawyers, doctors, certified public accountants, auctioneers and other industries cannot engage. In addition, if I and my close relatives have drug-related and other illegal and criminal records, they cannot pass the recruitment and political review of public security and military academies.
