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How to identify canvassing and bribery?
The implementation time of canvassing and bribery is during the general election, usually from six months before the official election to the end of the general election, and special circumstances may not be limited by this time; The implementer can be the candidate himself or other relevant personnel who help him to bribe the election; The object of implementation is voters, candidates, election staff or other relevant personnel; The candidate himself and other relevant personnel objectively implement the acts listed in these Provisions, and whether the candidate is finally elected or not shall be deemed as bribery. When electing deputies to people's congresses at all levels and leaders of state organs, they disrupt the election by means of violence, threats, deception, bribery, forgery of election documents, false reporting of election votes, or hinder voters and deputies from freely exercising their right to vote and stand for election. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights.
The criteria for determining canvassing and bribery are:
1. The subject of the crime of accepting bribes is the elected person or others. The relatives and friends of the elector, the personnel employed by the elector and their relatives and friends can pay bribes to the elector or other people who have influence on the election to help the elector win the election;
2. The subject of bribery is voters or other people who have influence on the election. There is no doubt that voters may become the main body of bribery, and others who have influence on elections refer to those who accept bribes and exert influence on voters, such as relatives and friends of voters, members of underworld organizations or gangsters, and superior leading cadres of electoral units;
3. The purpose of bribery is to promote the successful election of the elected person;
4. The object of bribery is a fair and just electoral system;
5. The subject of bribery crime is disposable property. The so-called one-off, that is, the briber can use it before bribery, and the briber can use it after bribery. It is not important whether the briber and the briber have ownership, but whether the briber or the briber can control the main property.
6. The act of transferring money does not belong to the post-election behavior of the elected person.
Legal basis:
"Regulations on Disciplinary Actions of China * * * Production Party"
Article 75
One of the following acts shall be given a warning or a serious warning; If the circumstances are serious, he shall be dismissed from his post within the Party or be placed on probation; If the circumstances are serious, he shall be expelled from the party.
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