The Regulations on Disciplinary Actions of the Communist Party of China stipulate that joint violation of discipline mainly refers to the joint intentional violation of discipline by two or more persons (including two persons).
The leader mainly refers to the party members who play a major role in the joint violation of discipline. Unless otherwise provided in the Regulations, the leader shall be given a heavier punishment.
Other members are to be punished separately in accordance with their role and responsibilities in the joint violation of discipline.
"Instigation" mainly refers to intentionally instigating others to violate discipline by instigating, instigating, persuading, inducing, or using other methods, and the perpetrator must have the intent to instigate others to commit disciplinary violations. Those who instigate others to violate discipline are to be pursued for Party discipline responsibility in accordance with their role in the joint violation of discipline.
It is worth noting that the newly revised "Regulations" adjust the punishment of those who jointly violate discipline in the economic field from the "amount of personal income" to the "amount of individual participation" and the role it plays. It also stipulates that the leader of the joint violation of discipline shall be punished according to the total amount of the joint violation of discipline if the circumstances are serious. This rule for determining the amount of money is consistent with the practice in the Criminal Law that the amount of the crime committed by each perpetrator in a joint crime is usually calculated on the basis of the actual amount of the perpetrator's participation.
Different from joint discipline violations, the main body of collective discipline violations is the leading body of the Party organization. Collective discipline violations include collective intentional violations of discipline and collective negligence violations. Where the leading body of a Party organization collectively makes a decision to violate Party discipline or commits other acts that violate Party discipline, members with common intent are to be dealt with as joint disciplinary violations, and members who negligently violate discipline are to be punished separately in accordance with their respective roles and responsibilities in the collective violation of discipline.
It is necessary to pay attention to not using "collective leadership", "collective responsibility", "collective research", and so on as an excuse not to pursue the responsibility of leading members who collectively make disciplinary decisions or collectively commit disciplinary violations. However, the following two situations do not belong to collective discipline violations: First, if an individual violates the principle of democratic centralism and makes an erroneous decision on his own, he cannot be held accountable for collective responsibility, but can only be dealt with as an individual violation of discipline. Second, those who do not participate in or oppose when the leading body makes an erroneous decision or carries out erroneous conduct are not to be regarded as collective discipline violators.
Source: The website of the Central Commission for Discipline Inspection and the State Supervision Commission
Editor/Producer: Wang Xiaolu
Reviewer: Yin Yueming
Review: Liu Chunxiang