Civil servants driving under the influence of alcohol can be given a warning within the party, a serious warning within the party and other party discipline light punishment, if the standard of drunken driving, according to the above provisions should be given to the expulsion of party membership, dismissal from public office punishment.
According to the "China ****production party disciplinary regulations" on "party organizations in the disciplinary review found that party members have other violations of the law, affecting the party's image, damage to the party, the state and the interests of the people, depending on the severity of the circumstances of the party disciplinary action" provisions, drunk driving behavior and the identity of party members is extremely inconsistent with the party's image, should be given to the person concerned, should be given to the party's image. The party's image, should be given the appropriate party disciplinary sanctions, but not necessarily expelled from the party.
Drunk driving sentencing standards
1. Drunk driving, restrained by the public security organs until sober. Suspend the machine driver's license, according to the law to investigate criminal responsibility, 5 years may not re-obtain a driver's license.
2. Drunk driving operating vehicles, by the public security organs restrained until sober. Revocation of motor vehicle driver's license, criminal liability according to law, 10 years may not re-acquire a driver's license. After reacquiring a driver's license, he or she may not drive a commercial vehicle.
3. If a major traffic accident occurs while driving under the influence of alcohol or drunkenness and constitutes a crime, the driver shall be held criminally liable according to law. The driver's license shall be revoked and the driver shall not be allowed to reacquire a driver's license for the rest of his life.
Drunk driving behavior by the traffic police department to investigate and deal with, discipline inspection and supervision organs to accurately grasp the party members and public officials drunk driving and other violations, it is necessary to strengthen collaboration with administrative law enforcement departments to do a good job of discipline law convergence. After the implementation of the Supervision Law, for the Supervisory organs and trial organs, procuratorial organs, public security organs, audit organs and other state organs to strengthen coordination and cooperation, the establishment of the problem clues transfer mechanism provides a legal basis.
After the DUI information was entered into the Public Security Bureau's public security penalty system, the Discipline Inspection Commission captured the lead in real time through the data comparison of the "Big Data + Supervision" platform. "Big Data + Supervision" platform gathered more than 39,000 local supervision object basic information, party members and cadres and supervision law provides for six categories of supervision objects are included, and the collection covers public security, civil affairs and other 28 departments, 10 categories of 68 subclasses of 206 *** counting more than 100,000 supervision and discipline data. In this platform, there is a "collaborative anti-corruption" function module, can be realized with the functional departments of the administrative penalty system of data import and capture.
"Once a party member or cadre is penalized administratively or criminally in the data imported in real time by various departments, we will capture it." Discipline Inspection Commission case management office in charge of the introduction. After the public security organs drunk driving administrative penalty data imported into the platform, the platform automatically compare the administrative penalties and supervisory objects database, extracted the batch of administrative penalties in the data of the supervisory object information, after detailed verification with the public security organs after the error, into the District Commission for Discipline Inspection and Supervision Commission problem clues library, the problem clues to enter the approval and allocation process, forwarded or designated by the towns (streets) Commission for Discipline Inspection, the various departments stationed in the disciplinary inspection and supervision institutions to dispose of the problem.
Legal basis
"Regulations on Disciplinary Actions of the Chinese ****anufacturing Party"
Article 29 The party organization in the disciplinary review found that party members are suspected of serious violations of discipline and crimes, in principle, the first to make a decision on the party's disciplinary actions, and in accordance with the provisions of the administrative sanctions, and then transferred to the relevant state organs to deal with according to law.
The Chinese People's **** and State Road Traffic Safety Law
Article 91 Driving a motor vehicle after drinking alcohol is punishable by a six-month suspension of the motor vehicle driver's license and a fine of more than one thousand and less than two thousand yuan. If a person who has been punished for driving a motor vehicle after drinking alcohol and drives a motor vehicle after drinking alcohol again, he or she shall be detained for not more than ten days and shall be fined not less than one thousand yuan and not more than two thousand yuan, and his or her motor vehicle driver's license shall be revoked.
If a person drives a motor vehicle while intoxicated, he or she shall be restrained by the traffic management department of the public security organ until he or she sobers up, and his or her motor vehicle driver's license shall be revoked, and he or she shall be held criminally liable according to the law; he or she shall not be permitted to regain his or her motor vehicle driver's license within five years.
Drinking and driving a commercial motor vehicle shall be punishable by fifteen days' detention and a fine of five thousand yuan, and the motor vehicle driver's license shall be revoked, and the driver's license shall not be reacquired within five years.
Driving a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until sobering up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated according to law; the driver shall not be allowed to reacquire a motor vehicle driver's license for ten years, and after reacquiring the motor vehicle driver's license, the driver shall not be allowed to drive a motor vehicle while in operation.
Drinking or drunk driving a motor vehicle in a major traffic accident, constituting a crime, shall be held criminally responsible, and by the public security organs of the traffic management department to revoke the motor vehicle driver's license, shall not be allowed to regain the motor vehicle driver's license for life.
The Criminal Law of the People's Republic of China
Article 133: Dangerous Driving Offenses Driving a motor vehicle on a road in one of the following circumstances, shall be sentenced to detention and fined:
(1) chasing and racing, the circumstances are aggravated;
(2) drunkenly driving a motor vehicle;
(3) engaging in the business of school buses or passenger Transportation, seriously exceeding the rated number of passengers, or seriously exceeding the prescribed speed;
(d) violation of the provisions of the Safety Management of Dangerous Chemicals transportation of dangerous chemicals, endangering the safety of public ****.
Motor vehicle owners and managers of the third and fourth behavior of the preceding paragraph is directly responsible for, in accordance with the provisions of the preceding paragraph shall be punished.
There are the first two paragraphs of behavior, while constituting other crimes, in accordance with the provisions of the heavier penalty conviction and punishment.
The Law of the People's Republic of China on Civil Servants of the People's Republic of China
Article 26 The following persons shall not be recruited as civil servants:
(1) those who have received criminal penalties for committing a crime;
(2) those who have been expelled from the membership of the Communist Party of China;
(3) those who have been expelled from public office;
(4) those who have been classified as the object of the joint punishment for breach of trust according to law;
(5) those who have been expelled from the Communist Party of China object;
(e) other circumstances that are prohibited by law from being recruited as a civil servant.