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案例分析题:

A某在东部经济发达地区某地级市K市担任财政局副局长,分管办公室、综合规划处和工贸发展处。A某之妻B某是该财政局的财务工作人员。A某的堂弟毕业于某名牌大学,是K市的一名科级干部。由于A某的堂弟能力突出,政治品质良好,很快就被提拔为该市财政局副局长,分管预算处、信息管理处。

上述案例中有关人员的任职有没有违反我国《公务员法》的任职回避规定?请判断并说明理由。

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正确答案:

答:

任职回避的主要对象

一、公务员法规定,公务员之间有四种亲属关系的不得在同一机关担任双方直接隶属于同一领导人员的职务或者有直接上下级领导关系的职务,也不得在其中一方担任领导职务的机关从事组织、人事、纪检、监察、审计和财务工作。这四种亲属关系是:夫妻关系、直系血亲关系、三代以内旁系血亲关系、近姻亲关系。

1、直系血亲是指具有直接血缘关系的亲属,在法律上包括两种情况:

(1)有自然血缘联系的亲属,主要包括祖父母、外祖父母、父母、子女、孙子女、外孙子女等。

(2)指本来没有自然的或直接的血缘关系,但法律上确定其地位和血亲相等,如荞父母和养子女之间的关系,这种情况称之为法律拟制直系血亲。

2、旁系血亲是指具有间接血缘关系的亲属。三代以内的旁系血亲关系主要包括父母的兄弟姐妹及其子女、自身的兄弟姐妹及其子女,即伯叔姑舅姨、兄弟姐妹、堂兄弟姐妹、表兄弟姐妹、侄子女、甥子女等。

3、姻亲是指以婚姻关系为纽带而形成的亲属关系。目前,法律对“近姻亲”的范围没有明确规定。根据传统习惯,近姻亲关系应当包括配偶的父母和兄弟姐妹、子女的配偶及其父母、兄弟姐妹的配偶等。

二、2006年颁布的《党政领导干部任职回避暂行规定》中规定,领导干部的配偶、子女及其配偶以独资、合伙或者较大份额参股的方式,经营企业或者举办经营性民办非企业单位的,该领导干部不得在上述企业或者单位的行业监管或者业务主管部门担任领导成员。

答案解析:

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Felicity Lawrence Thursday December 28, 2006 The Guardian 1. Consumers are to be presented with two rival new year advertising campaigns as the Food Standards Agency goes public in its battle with the industry over the labelling of unhealthy foods. 2. The Guardian has learned that the FSA will launch a series of 10-second television adverts in January telling shoppers how to follow a red, amber and green traffic light labelling system on the front of food packs, which is designed to tackle Britain’s obesity epidemic. 3. The campaign is a direct response to a concerted attempt by leading food manufacturers and retailers, including Kellogg’s and Tesco, to derail the system. The industry fears that traffic lights would demonise entire categories of foods and could seriously damage the market for those that are fatty, salty or high in sugar. 4. The UK market for breakfast cereals is worth £1.27bn a year and the manufacturers fear it will be severely dented if red light labels are put on packaging drawing attention to the fact that the majority are high in salt and/or sugar. 5. The industry is planning a major marketing campaign for a competing labelling system which avoids colour-coding in favour of information about the percentage of "guideline daily amounts" (GDAs) of fat, salt and sugar contained in their products. 6. The battle for the nation’s diet comes as new rules on television advertising come into force in January which will bar adverts for unhealthy foods from commercial breaks during programmes aimed at children. Sources at the TV regulators are braced for a legal challenge from the industry and have described the lobbying efforts to block any new ad ban or colour-coded labelling as "the most ferocious we’ve ever experienced". 7. Ofcom’s chief executive, Ed Richards, said: "We are prepared to face up to any legal action from the industry, but we very much hope it will not be necessary." The FSA said it was expecting an onslaught from the industry in January. Senior FSA officials said the manufacturers’ efforts to undermine its proposals on labelling could threaten the agency’s credibility. 8. Terrence Collis, FSA director of communications, dismissed claims that the proposals were not based on science. "We have some of the most respected scientists in Europe, both within the FSA and in our independent advisory committees. It is unjustified and nonsensical to attack the FSA’s scientific reputation and to try to undermine its credibility." 9. The FSA is understood to have briefed its ad agency, United, before Christmas, and will aim to air ads that are "non-confrontational, humorous and factual" as a counterweight to industry’s efforts about the same time. 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