"Xigong first entry difficult" incident Xi'an City Office was notified of serious violations

In the 2009 Civil Service Examination in Shaanxi Province, candidates who applied for the Xicheng City Chengzhong Village (shanty town) Reform Office (hereinafter referred to as the “City Reform Office”) took the first place, but the parents of the second candidate were everywhere. Its "professional does not meet the requirements" by the Xi'an City Office of the "suspend to accept" for more than 8 months.

On July 12, after this newspaper reported on this matter, it caused a strong reaction, and relevant departments in Shaanxi Province quickly launched a full investigation.

On July 22, the Organization Department of Shaanxi Provincial Party Committee, the Department of Human Resources and Social Security of the CPC, and the Provincial Public Service Bureau sent a fax to this newspaper on the issue that “the Xi’an Chengzhong Village (shanty town) Reform Office does not arrange for new recruitment of civil servants”. A notification was issued.

The circular pointed out that the Xi'an City Reform Office “does not implement the civil service recruitment decision, does not arrange for new recruitment of civil servants to take up posts, and is a serious violation of the “People's Republic of China Civil Service Law” and other relevant laws and regulations, and has a major impact in the country.”

"Professional inconsistency" cannot be established

The briefing introduced the circumstances in which the Xi'an City Office did not arrange for the appointment of new civil servants, and made clear explanations for some of the policy provisions involved in the incident.

In the 2009 Civil Service Examination for Employment in Shaanxi Province, the Xi'an City Reform Office plans to recruit a city planning member. After the release of the medical examiner's announcement, Zhang Yang, the father of the candidate who ranked second in the comprehensive performance of the position, and Zhang Wenxiang, deputy secretary of the party committee and deputy director of the Xi'an New City Construction Bureau, repeatedly visited the former Xi'an Personnel Bureau and the Provincial Public Service Bureau. The “Resources, Environment, Urban and Rural Planning Management” major of the candidate Zhang Jing who reported that the overall performance of the position ranked first was not part of the urban planning profession. He cited the evidence that in 2004, the Ministry of Education “Industrial Catalogue for Colleges and Universities” featured the urban planning profession. It belongs to the engineering civil engineering category, while the resource environment and urban-rural planning and management specialty belongs to the science geography science category, so Zhang Jing's specialty does not meet the requirements.

According to the survey, the employer’s office in Xi’an City’s requirements for the position is “having relevant professional background in urban planning, familiar with relevant regulations and policies in planning and land, understanding the corresponding working procedures and working methods, and Good management experience." The original Xi’an Personnel Bureau mastered the professional conditions of the position in accordance with the “City Planning” class, and approved the application of 14 city planning and related professional candidates including Zhang Jing and Zhang Yang.

The circular pointed out that the former Xi'an Personnel Bureau and the Provincial Civil Service Bureau had studied several times and asked the National Civil Service Bureau to fully consider the functions of the employing unit and the duties of recruiting positions in accordance with the principle of “professional division should not be too detailed” and “gradually dilute professional requirements”. With the requirements of the job, it was determined that the original Xi’an Personnel Bureau had no problem in registering the qualifications of candidates for the position. At the same time, laws, regulations, and normative documents recruited by civil servants do not stipulate the statutory basis for the recruitment of civil servants by the Ministry of Education's “Undergraduate Professional Catalogue for Regular Institutions of Higher Learning”. There is no requirement that the professional recruitment of civil servants must be linked to the professional catalog of the Ministry of Education. Unique correspondence. Therefore, Zhang Wenxiang believes that the reasons for the specialty of "resources, environment and urban planning and management" that do not meet the professional requirements of "urban planning" cannot be established.

On August 24, 2009, the Shaanxi Provincial Civil Service Working Office for Examinations gave written replies to Zhang Wenxiang.

Afterwards, Zhang Wenxiang and his wife Yang Sumei, who served as chairman of the New City Federation of Trade Unions in Xi’an, continued to petition, reflecting that the Provincial Civil Service Bureau and the former Xi’an Personnel Bureau did not implement the national civil servants’ recruitment of professional directories. After verification, the National Ministry of Human Resources and Social Security, the National Civil Service Bureau, and the former State Personnel Department have never issued the "National Civil Service Recruitment Professional Catalogue" or similar regulations, and there are no other problems of violation of rules and regulations. The Provincial Department of Human Resources and Social Security successively made a report to the Provincial Commission for Discipline Inspection (Office of Supervision) and the Provincial Letters and Calls Bureau, and made a written reply to Zhang Wenxiang and Yang Sumei.

On October 15, 2009, the former Xi’an Personnel Bureau issued a notice for the recruitment of civil servants in the urban planning positions of Xi’an City, and issued an administrative letter of introduction. On October 22, Zhang Jing reported to the Xi'an City Reform Office and the Xi’an City Reform Office received it. However, when Zhang Jing went to work at the Xi'an City Reform Office on October 26, he was told to suspend work because of reasons such as people's reflection. Subsequently, the Xi'an City Reform Office also informed Zhang Jing to take the returns.

Xi'an City Office is an intentional administrative inaction

Article 23 of the Law of the People's Republic of China on Civil Servants stipulates that, in addition to the basic conditions stipulated in the "Law of the People's Republic of China on Civil Servants," civil servants must also have the requirements of the proposed position as prescribed by the competent department of civil servants at or above the provincial level. Qualification conditions. The "Civil Service Law of the People's Republic of China" and the "Civil Service Employment Regulations (Trial)" expressly authorize the provincial civil servants' competent authorities to specify the qualification requirements for posts. Professionalism is one of the qualifications of the position, which is reported by the employing unit, reviewed by the civil service recruitment department, and verified and interpreted by the provincial civil servants' competent department.

The circular pointed out that Zhang Wenxiang had not recorded or licensed the recording on petitions and other official occasions, and had spread or provided it to reporters without verification, and published false statements on the Internet, which caused serious damage to the normal order of civil servant recruitment in the province. Disturbance, especially after the newly hired public servant Zhang Jing reported, Zhang Wenxiang went to the Xi'an City Office to block the Xi'an City Reform Office from accepting Zhang Jing to work.

The Xi'an City Urban Reform Office refused to implement the recruitment decision on the grounds that Zhang Jing’s professional did not meet the requirements, some people reported that the impact was stable, and the court did not make a decision. He “refused to accept” and returned Zhang Gong’s civil service recruitment procedures. The "Administrative Procedure Law" stipulates that "the enforcement of specific administrative actions shall not be suspended during the lawsuit." At the same time, the Provincial People's Government and the National Civil Service Bureau and the Provincial Discipline Inspection Commission (Treasury Department) did not withdraw or reject the decision of the Provincial Civil Service Bureau to hire Zhang Jing as a civil servant. The recruitment decision issued by the Provincial Civil Service Bureau is an effective decision on Zhang Jing’s hiring decision.

The circular pointed out: "The Xi'an City Reform Office still refused to arrange Zhang Jing to take up posts after the original Xi'an Personnel Bureau and the Xi'an Civil Service Bureau repeatedly urged. It took 8 months and it was an intentional administrative omission, which was a serious violation of the "China." The laws and regulations of the People’s Republic of China Civil Servant Law infringed on the legal rights of the newly recruited civil servant Zhang Jing, undermined the image of the party and the government, and caused great negative impact on the civil service examination and recruitment in our province and even the whole country. The nature is very serious."

After the notification, it was pointed out that the incident reflected that the current Public Servant Law of the People's Republic of China is not fully publicized and implemented; some local civil service authorities are still accustomed to using administrative coordination to solve problems in a single way, and administrative efficiency needs to be further improved; The supervision and inspection of the "Law of the People's Republic of China on Civil Servants" needs to be strengthened; the civil service recruitment regulations and rules need to be improved; individual units are punished according to law; the awareness of civil servants according to law is weak; the political qualities, legal concepts, and rights protection methods of individual party members and leading cadres There are still more serious problems. In the new situation of building a society under the rule of law, any organization and individual has the right to protect their own interests in accordance with the law. However, any organization or individual must maintain its own rights and interests within the limits set by laws and regulations and through legal procedures.

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