General Secretary Xi Jinping pointed out that "some gift giving and receiving are dressed in 'invisible clothes', with various styles such as gift books and electronic gift cards, using the internet and express delivery, without meeting with each other, which is very hidden." The issue of work style is stubborn and repetitive, and the formation of good work style cannot be achieved once and for all, and overcoming bad work style cannot be achieved overnight. Violation of etiquette often wears the mask of "human feelings" and the cloak of "reciprocity", with distinct node characteristics, seriously affecting the image of party members and cadres, and damaging the relationship between the party and the masses and cadres. It is necessary to catch small incidents early and correct them in a timely manner, be vigilant against corruption and corruption, and prevent the behavior of receiving etiquette from evolving into bribery for power and money transactions. Article 97 of the Regulations of the CPC on Disciplinary Punishment stipulates the acts of accepting gifts in violation of regulations and the types and extent of punishment applicable to them. ● Article 97 of the Regulations on Disciplinary Punishment of the CPC shall be given a warning or a serious warning if it accepts gifts, cash gifts, consumer cards (coupons), securities, equity, other financial products and other properties that may affect the impartial performance of official duties; Those with serious circumstances shall be subject to revocation of their party positions or probation within the party; Those with serious circumstances shall be expelled from the Party. Those who accept other clearly excessive gifts beyond normal reciprocity shall be dealt with in accordance with the provisions of the preceding paragraph. [History of Discipline Establishment] The first paragraph of Article 74 of the Regulations of the CPC on Disciplinary Punishment (hereinafter referred to as the Regulations) in 2003 stipulates that "Party and state functionaries or other personnel engaged in public affairs who accept gifts that may affect the fair performance of public duties, do not register to hand over the official duties, if the circumstances are minor, they will be given a warning or a serious warning; if the circumstances are serious, they will be given a punishment of removing their posts within the Party or staying in the Party for investigation; if the circumstances are serious, they will be given a punishment of expelling from the Party". When revising the "Regulations" in 2015, the relevant content was modified in the first paragraph of Article 83, which was changed to "accept gifts, cash gifts, consumption cards, etc. that may affect the fair performance of official duties. For minor circumstances, a warning or serious warning punishment shall be given; for more serious circumstances, a revocation of party position or probation shall be given; for serious circumstances, expulsion from the party shall be given", and a second paragraph was added, "Those who accept other gifts, cash gifts, consumption cards, etc. that clearly exceed normal reciprocity shall be dealt with in accordance with the provisions of the preceding paragraph". When revising the Regulations in 2018, the phrase "securities, equity, other financial products and other property" was added to the first paragraph of Article 88, and the phrase "gifts, cash gifts, consumer cards, etc." in the second paragraph was modified to "property". When revising the Regulations in 2023, it will be adjusted to Article 97, and the term "consumption card" will be modified to "consumption card (coupon)". Firstly, the violation must involve the act of accepting money or property. Regarding "property", the Regulation lists gifts, cash gifts, consumer cards (vouchers), securities, equity, other financial products, etc. In practice, property also includes property benefits that can be converted into currency or require payment in currency, such as house decoration, debt relief, membership services, tourism, etc. In the case of receiving property benefits, there may be conflicts with other provisions of the Regulations. For example, Article 101 of the Regulations stipulates that "accepting or providing banquets or arrangements for tourism, fitness, entertainment and other activities that may affect the fair performance of official duties, if the circumstances are more serious, shall be given a warning or serious warning; if the circumstances are more serious, Party positions shall be revoked or Party probation shall be given." Accepting banquets or arrangements for tourism, fitness, entertainment and other activities that may affect the fair performance of official duties is essentially an act of accepting property benefits. In the case where the actual expenses have been identified, it constitutes a competition with Article 97 of the Regulations. At this time, in accordance with the provisions of Article 25 (1) of the Regulations, "If a disciplinary violation violates two or more provisions of this Regulation at the same time, it shall be classified according to the more serious provision of the punishment. Handling" shall be qualitatively handled in accordance with Article 97 of the Regulations. Regarding "acceptance", it includes both direct acceptance and indirect acceptance, such as purchasing from the gift giver at a price significantly lower than the market, selling property to the gift giver at a price significantly higher than the market, etc. Moreover, the recipient is not limited to party members and cadres themselves, but also includes the spouses, children, and other relatives and specific related persons of party members and cadres. Secondly, it is necessary to 'possibly affect the fair execution of official duties' or' clearly exceed normal reciprocity '. The term 'may affect the fair performance of official duties' here refers to the conflict between the authority of party members and cadres and their fair performance of duties, which may lead to unfair performance of official duties. Accepting property that may affect the fair execution of official duties, including those sent by management and service recipients, as well as subordinate units and individuals within the scope of supervision, and other units and individuals related to the exercise of authority. For example, giving gifts from subordinates to superiors, from work objects to staff in the supervisory department, to relevant staff during the process of handling official affairs, and to the families of leading cadres. The term 'may affect the fair execution of official duties' here mainly refers to prevention, that is, as long as there is a possibility of affecting the fair execution of official duties, it should be prohibited, and the consequences that may affect the fair execution of official duties should not be dealt with until they have already occurred. As for whether it may affect the impartial execution of official duties, it should be determined by the party organization based on the actual situation, and cannot be judged simply based on the subjective understanding of the parties involved. For the issue of party members and leading cadres illegally accepting gifts and cash after retirement, as they no longer hold the status of public officials, it does not constitute a "possible impact on the fair execution of official duties", therefore Article 97 of the Regulations cannot be applied for qualitative treatment. In practice, we can refer to the guiding case "Zhang's Illegal Reception of Banquets after Retirement" (Guiding Case No. 4, General No. 4 of 2021) issued by the Central Commission for Discipline Inspection and the National Supervisory Commission, and apply the provisions of the "Regulations" on integrity and discipline to handle it, and confiscate the illegal gains in accordance with the rules and regulations. Once again, Article 97 (2) of the Regulations also stipulates the situation of "accepting other clearly beyond normal reciprocity", mainly referring to accepting gifts, cash gifts, consumption cards (vouchers), etc. from colleagues, classmates, fellow villagers, friends, etc. in daily life. Although unrelated to the official performance of official duties, those who clearly exceed normal reciprocity should also be punished. The term 'clearly beyond normal reciprocity' here refers to the back and forth behavior that clearly exceeds the local economic development, living standards, customs, personal economic ability, and general, normal etiquette. Reciprocity belongs to normal interpersonal communication, but for party members and cadres who hold certain power, there should be stricter requirements. In daily life, if someone accepts gifts and money from others that are clearly beyond normal reciprocity, there is also a risk of integrity and a violation of integrity discipline. Finally, if the act of receiving gifts is considered "minor", disciplinary action may be taken against the party. Article 97 of the Regulations stipulates that "for minor circumstances, a warning or serious warning shall be given; for more serious circumstances, a revocation of party position or probation shall be given; for serious circumstances, expulsion from the party shall be given. The grasp of the severity of the plot should fully consider factors such as the time, frequency, and amount of the ceremony, the level of local economic and social development, customs and habits, personal economic ability, the impact and consequences caused, as well as the person under review's attitude of admitting mistakes and degree of cooperation. 2、 The subjective aspect of disciplinary violations stipulated in Article 97 of the Regulations is intentional, that is, the recipient knowingly accepts the other party's property despite knowing that they are the object of management and service, or knowingly accepts property that exceeds normal reciprocity. Whether it is intentional or not cannot be judged solely based on the words of the perpetrator, but must be judged through their objective behavior. For example, if someone says they don't want it, but in fact receives it, it should be considered intentional; It is not intentional to refuse to accept it and promptly return or submit it to the organization upon receipt. For example, if the management and service object B leaves the gift money at the home of Party member and cadre A, and A discovers it, they will promptly return it to B or submit it to the organization; Before Party member and cadre A boarded the plane for a business trip, the management and service object B quietly put the gift money into A's briefcase. If A discovers it during the trip and returns it to B or hands it over to the organization in a timely manner after returning, A does not have the intention to receive the gift and does not constitute a violation of discipline. In addition, for close relatives or specific related persons of party members and cadres who receive gifts, different situations should be distinguished. Taking the example of Party member and cadre A's spouse B receiving a gift of 5000 yuan from management and service object C, if A is not seeking profit for C and is aware of B's gift, A constitutes a violation of the rules; If Party A is not aware of Party B's receipt of 5000 yuan from Party C, or if Party A requests Party B to immediately refund it after being aware of it, and it has indeed been refunded, then Party A shall not be deemed to have received the gift in violation of regulations; If Party A is not specifically aware of Party B's acceptance of property from Party C, but fails to supervise and educate Party B for a long time, resulting in Party B or other family members repeatedly violating the rules and receiving gifts, causing adverse effects or serious consequences, Party A will violate the discipline of life. In the case where Party A seeks profit for Party C, if Party A is aware that Party B has accepted 5000 yuan from Party C and has not requested a refund or surrender, it shall be deemed that Party A has the intention of accepting bribes; If Party A is not aware, according to Article 94 (2) of the Regulations, "if Party A uses their power or influence to seek benefits for others, and their spouse, children, relatives, and other specific related persons accept money from the other party, and the circumstances are serious, they shall be given a warning or serious warning; if the circumstances are serious, they shall be given the punishment of revoking their party position, staying in the party for probation, or expelling from the party." Party A shall be treated as a violation of integrity discipline. [Other issues to be noted] Distinguishing from bribery behavior. In practice, illegal acts of receiving gifts are often intertwined with bribery and bribery crimes, and the core of differentiation lies in whether there are profit-making matters and whether there are essential characteristics of power money transactions. If there are no specific profit-making matters, it is generally classified as receiving gifts in violation of regulations; If someone uses their power to seek benefits for others and the value of the received property meets the criminal prosecution standards, it constitutes a crime of bribery. If it does not meet the criminal prosecution standards, it constitutes an illegal act of bribery. In practice, two points should be noted: firstly, accepting property worth more than 30000 yuan from subordinates with superior subordinate relationships or managed personnel with administrative management relationships, which may affect the exercise of power, even if the power is not used to seek benefits for the other party, according to Article 13 (2) of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery", it should still be regarded as a promise to seek benefits for others and suspected of bribery. Secondly, in practice, it is common for gift givers to give gifts to state officials that exceed normal human relationships for a long time, but do not require immediate return. Instead, they hope to establish a certain emotional foundation with state officials and then request them to use their official position to seek benefits at an uncertain time in the future. Once the state official uses their official position to seek benefits for them, they should be dealt with according to Article 15 (2) of the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery". "State officials who use their official position to seek benefits for the principal repeatedly accept the principal's property before and after the request, if the amount of property received before the request is more than 10000 yuan, it should be included in the amount of bribery", and cannot be punished for violating regulations. Qualitative treatment of etiquette. (New Press) (Author: Zhang Lichun Unit: Shandong Provincial Commission for Discipline Inspection and Supervision)