For the in-depth study and implementation of the revised one
Regulations on Disciplinary Actions of the Communist Party of China
(hereinafter referred to as the "Regulations")
With the consent of the Party Central Committee
From April to July 2024
Carry out party discipline study and education throughout the party
Today (April 23) is
29th World Book Day
Follow Guanlanjun through the Q&A
"Focusing" the "Regulations"
Take compulsory courses for the training of party members and cadres
Enhance the awareness of compliance with rules and disciplines
01
ask
What are the principles of the Party's disciplinary work?
The Party's disciplinary work follows the following principles:
(1) Insist that the Party should manage the Party and govern the Party strictly in an all-round way. We should persist in the strict tone, measures, and atmosphere for a long time, strengthen the education, management, and supervision of the party's organizations at all levels and all party members, put discipline in the forefront, grasp small problems as early as possible, and prevent them from getting worse.
(2) All are equal before Party discipline. Party organizations and Party members who violate Party discipline must strictly and fairly enforce discipline, and no Party organization or Party member who is not subject to discipline is allowed within the Party.
(3) Seek truth from facts. Violations of Party discipline by Party organizations and Party members shall be based on the facts, with the Party Constitution, other internal Party regulations, and state laws and regulations as the measure, and discipline and law enforcement shall be carried out throughout, the nature of the conduct shall be accurately determined, and different circumstances shall be distinguished, and appropriately handled.
(4) Democratic centralism. The implementation of Party discipline sanctions shall be decided upon through collective discussion by the Party organization in accordance with the prescribed procedures, and no individual or minority person is allowed to make or approve it without authorization. Lower-level Party organizations must implement decisions made by higher-level Party organizations on the handling of Party organizations and Party members who violate Party discipline.
(5) Punish the former and the latter, and treat the sick and save people. The handling of Party organizations and Party members who violate Party discipline shall be combined with punishment and education, so that leniency and severity are blended.
02
ask
What are the "four forms" of supervision and discipline?
We should deepen the application of the "four forms" of supervision and discipline enforcement, regularly carry out criticism and self-criticism, and promptly carry out talks and reminders, criticism and education, orders for inspections, and admonishments, so that "blushing and sweating" will become the norm; light party discipline punishment and organizational adjustment will become the majority of disciplinary violations; heavy party discipline punishment and major post adjustment will become a minority; and serious violations of discipline and suspected crimes will be investigated for criminal responsibility.
03
ask
What are the types of disciplinary actions against Party members?
Types of disciplinary actions against Party members:
(1) Warnings;
(2) Serious warnings;
(3) Removal from internal Party positions;
(4) Party probation;
(5) Expulsion from the Party.
04
ask
How to deal with Party organizations that violate Party discipline?
For Party organizations that violate Party discipline, the higher-level Party organization shall order them to make a written inspection or circulate a notice of criticism. For Party organizations that have seriously violated Party discipline and cannot be corrected themselves, the Party committee at the next higher level may, after investigation and verification, give the following punishments based on the seriousness of the circumstances:
(1) Reorganization;
(2) Dissolution.
05
ask
What is the sanction of removal from office within the party?
"Removal from internal Party positions" refers to the removal of sanctioned Party members from internal Party positions elected or appointed by organizations within the Party. For those who hold two or more positions within the Party, the Party organization shall make it clear whether they will be removed from all positions or one or more positions when making a sanction decision. If it is decided to remove one of his posts, he must be removed from the highest office he holds. If it is decided to remove him from more than two positions, he must do so in turn, starting with the highest office he holds. For those who hold positions in organizations outside the Party, it shall be recommended that the organization remove them from their positions outside the Party.
For Party members who have been removed from office for suspected violations of Party discipline during the course of case filing and review, and after the review they shall be given a sanction of removal from internal Party positions in accordance with the provisions of the "Regulations", they shall be given a sanction of removal from internal Party positions in accordance with their original positions. Where they should receive a sanction of removal from internal Party positions, but they do not hold internal Party positions, they shall be given a serious warning. At the same time, those who hold positions in organizations outside the Party shall be recommended to be removed from their positions outside the Party.
Where Party members receive sanctions of removal from internal Party positions, or receive serious warnings in accordance with the provisions of the preceding paragraph, they must not hold positions within the Party or be recommended to organizations outside the Party for positions equivalent to or higher than their original positions for two years.
06
ask
How does the "Regulations" stipulate the period of probation in the Party?
Party probation is divided into one year of Party probation and two years of Party probation. Where Party members who have received a one-year Party probation sanction still do not meet the requirements for restoring their rights after the period is completed, the period of one-year Party probation shall be extended. The period of Party probation must not exceed two years at most.
During the period of Party probation, Party members do not have the right to vote, to elect, or to be elected. During the period of Party probation, those who truly show repentance and reform are to be restored to their rights as Party members after the period is completed;
Party members who are placed on Party probation will naturally be revoked from their positions within the Party. For those who hold positions outside the Party, it shall be recommended that the organization outside the Party remove them from their positions outside the Party. Party members who have received Party probation must not hold positions within the Party or be recommended to non-Party organizations for positions equivalent to or higher than their original positions within two years of reinstatement of their rights as Party members.
07
ask
What should be done with the personnel in the Party organization who are being dealt with?
Members of the leading bodies of Party organizations that have been subject to reorganization are naturally removed from their posts, except for those who shall be removed from positions within the Party or higher.
Party members in Party organizations that have been dissolved shall be reviewed one by one. Among them, those who meet the requirements for Party membership shall be re-registered and join a new organization to live the life of the Party; those who do not meet the requirements for Party membership shall be educated and corrected within a set period of time, and those who still have not changed after education shall be persuaded to retire or be removed from the list; and those who have violated discipline shall be investigated in accordance with regulations.
08
ask
What are the circumstances under which the punishment may be mitigated or commuted?
In any of the following circumstances, the punishment may be mitigated or commuted:
(1) Voluntarily confessing issues that they should receive Party discipline sanctions;
(2) In the course of organizing conversations and inquiries, preliminary verification, and case filing and review, be able to cooperate with verification and review efforts, and truthfully explain the facts of their own violations of discipline and law;
(3) Reporting issues where co-defendants or other persons should be subject to Party discipline sanctions or legal prosecution is found to be true upon investigation, or has other meritorious service;
(4) Actively recovering losses, eliminating negative impacts, or effectively preventing harmful outcomes from occurring;
(5) Voluntarily handing over or making restitution of gains from violations of discipline;
(6) Other circumstances of mitigating or commuting sanctions provided for by internal Party regulations.
Based on the special circumstances of the case, the Central Commission for Discipline Inspection may decide or upon the decision of the provincial (ministerial) level discipline inspection commission (excluding the sub-provincial-level municipal discipline inspection commission) and report to the Central Commission for Discipline Inspection for approval, and the punishment of Party members who violate discipline may also be commuted beyond the range of punishment provided for in the "Regulations".
09
ask
What are the circumstances under which Party discipline sanctions may be waived?
Party members who violate Party discipline shall be given warnings or serious warnings, but in any of the circumstances provided for in Article 17 of the "Regulations" or as otherwise provided in the sub-provisions of the "Regulations", they may be given criticism and education, ordered to inspect, admonished, or organized to deal with them, and Party discipline sanctions may be waived. A written conclusion shall be made on the waiver of sanctions for Party members who violate discipline.
Where Party members have signs or tendencies in work style and discipline, or where violations of Party discipline are minor, they may be given reminders to talk, criticized and educated, ordered to inspect, and so forth, or admonished, and Party discipline sanctions are not to be given.
Although the behavior of Party members causes losses or consequences, but is not caused by intention or negligence, but is caused by force majeure and other reasons, Party discipline responsibility is not to be pursued.
10
ask
What are the circumstances in which the punishment should be heavier or aggravated?
In any of the following circumstances, a heavier or heavier sanction shall be given:
(1) Coercing or instigating others to violate discipline;
(2) Refusal to hand over or return gains made in violation of discipline;
(3) After receiving a sanction for violating discipline, they shall receive Party discipline sanctions for intentionally violating discipline;
(4) After receiving a sanction for violating discipline, it is discovered that they did not give an account before receiving the sanction on other issues that should be subject to Party discipline sanctions;
(5) Other circumstances of heavier or aggravated sanctions provided for by internal Party regulations.
11
ask
How to understand the "lenient punishment" referred to in the "Regulations"?
"Lenient punishment" refers to giving a lighter punishment within the range of punishment that should be received for violations of discipline as provided for in the "Regulations".
12
ask
How to understand the "heavier punishment" mentioned in the "Regulations"?
"Heavier sanctions" refers to giving heavier sanctions within the range of punishments that should be received for violations of discipline as provided for in the "Regulations".
13
ask
How to understand the "mitigating sanctions" mentioned in the Regulations?
Commutation of punishment refers to the punishment of one level of commutation beyond the range of punishment that should be received for violations of discipline as provided for in the "Regulations".
The "Regulations" stipulate that only the punishment of expulsion from the party is one grade of disciplinary violations, and the provisions on mitigating punishment do not apply.
14
ask
How to understand the "aggravating sanctions" mentioned in the Regulations?
"Aggravated sanctions" refers to giving sanctions in an aggravated level beyond the range of sanctions that should be received for violations of discipline as provided for in the "Regulations".
15
ask
How should members of the leading bodies of Party organizations who violate discipline be punished?
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.
16
ask
How should Party members who violate the law and commit crimes be punished?
◎Party members who violate the law or commit crimes shall be given Party discipline sanctions in accordance with provisions, so that the application of discipline and the applicable law are organically integrated, and Party discipline and government affairs are commensurate.
◎ Where Party organizations discover during disciplinary review that Party members have committed acts of corruption and bribery, abuse of power, dereliction of duty, power rent-seeking, benefit transfer, favoritism, waste of state assets, or other suspected criminal conduct in violation of the law, they shall be removed from internal Party positions, placed on Party probation, or expelled from the Party.
◎ Where Party organizations discover during disciplinary review that Party members have conduct provided for in the Criminal Law, which does not constitute a crime but must be pursued for Party discipline responsibility, or that they have other illegal acts such as undermining the order of the socialist market economy or violating the administration of public security, harming the interests of the Party, the State, and the people, they shall be given sanctions ranging from warnings to expulsion from the Party in light of the specific circumstances.
Anyone who violates state financial and economic discipline by committing illegal conduct in financial and economic activities such as revenue and expenditure of public funds, tax administration, state-owned asset management, government procurement management, financial management, and financial accounting management, shall be dealt with in accordance with the provisions of the preceding paragraph.
Where Party members have conduct that has the conditions to lose their Party membership, such as soliciting prostitution or ingesting or injecting drugs, and seriously tarnishes the Party's image, they shall be expelled from the Party.
◎ Where Party organizations discover in the course of disciplinary review that Party members have seriously violated discipline and are suspected of violating the law or committing crimes, in principle, they shall first make a decision on Party discipline sanctions, and after giving governmental sanctions to the Supervision Organs or the organs (units) for appointment and removal, they shall be transferred to the relevant state organs for handling in accordance with law.
◎Where Party members are lawfully retained in custody or arrested, the Party organization shall suspend their rights as Party members, such as the right to vote, the right to elect, and the right to be elected, in accordance with their management authority. Where, on the basis of the outcome of the handling by the supervision organs or judicial organs, the rights of Party members may be restored, they shall be promptly restored.
◎Where the circumstances of a Party member's crime are minor, and the people's procuratorate makes a decision not to prosecute in accordance with law, or the people's court makes a guilty verdict in accordance with law and waives criminal punishment, they shall be removed from internal Party positions, placed on Party probation, or expelled from the Party.
Where Party members commit crimes and are fined, it is to be handled in accordance with the provisions of the preceding paragraph.
◎In any of the following circumstances, Party members who commit crimes shall be expelled from the Party:
(1) Being sentenced to the primary punishment provided for in the Criminal Law (including a suspended sentence) in accordance with law for intentional crimes;
(2) Being deprived of political rights alone or additionally;
(3) Being sentenced to three or more years (excluding three years) imprisonment in accordance with law for crimes of negligence.
Those who are sentenced to up to three years imprisonment or controlled release or short-term detention for crimes of negligence shall generally be expelled from the Party. Where individual persons may not be expelled from the Party, they shall be reported to the Party organization at the level above for approval in light of the provisions on the authority to approve sanctions against Party members who violate discipline.
◎Where Party members are pursued for criminal responsibility in accordance with law, the Party organization shall give Party discipline sanctions in accordance with the provisions of the "Regulations" on the basis of the effective judgments, rulings, or decisions of the judicial organs, as well as the facts, nature, and circumstances identified by them.
Where Party members receive governmental sanctions, sanctions or administrative punishments given by organs (units) for appointment or removal in accordance with law, and Party discipline responsibility shall be pursued, Party organizations may give corresponding Party discipline sanctions or organizational dispositions in accordance with provisions on the basis of the facts, nature, and circumstances identified in the effective sanction or administrative punishment decision. Among them, where Party members receive a sanction of removal from office or higher in accordance with law, they shall be given a sanction of removal from internal Party positions or higher in accordance with the provisions of the "Regulations".
Where Party members receive other sanctions for violating state laws and regulations, or the rules and regulations of enterprises, public institutions, or other social organizations, and shall be pursued for Party discipline responsibility, the Party organization is to give corresponding Party discipline sanctions or organizational dispositions in accordance with provisions after verifying the facts, nature, and circumstances ascertained by the relevant parties.
Where, after a Party organization makes a Party discipline sanction or organizational disposition decision, the Supervision Organs, judicial organs, administrative organs, and so forth lawfully change the original effective judgment, ruling, or decision, and have an impact on the original Party discipline sanction or organizational disposition decision, the Party organization shall make a new disposition on the basis of the changed effective judgment, ruling, decision, and so forth.
17
ask
What are the circumstances in which Party members commit crimes and shall be expelled from the Party?
In any of the following circumstances, Party members who commit crimes shall be expelled from the Party:
(1) Being sentenced to the primary punishment provided for in the Criminal Law (including a suspended sentence) in accordance with law for intentional crimes;
(2) Being deprived of political rights alone or additionally;
(3) Being sentenced to three or more years (excluding three years) imprisonment in accordance with law for crimes of negligence.
Those who are sentenced to up to three years imprisonment or controlled release or short-term detention for crimes of negligence shall generally be expelled from the Party. Where individual persons may not be expelled from the Party, they shall be reported to the Party organization at the level above for approval in light of the provisions on the authority to approve sanctions against Party members who violate discipline.
18
ask
How should probationary party members who violate discipline be dealt with?
Where probationary Party members violate Party discipline and the circumstances are relatively minor, and their probationary Party membership qualifications may be retained, the Party organization shall criticize and educate them or extend the probationary period;
19
ask
How should Party members whose whereabouts are unknown after violating discipline be dealt with?
Party members whose whereabouts are unknown after violating discipline shall be dealt with in different circumstances:
(1) Where there is serious disciplinary conduct that shall be expelled from the Party, the Party organization shall make a decision to expel them from the Party;
(2) Except in the circumstances provided for in the preceding paragraph, where their whereabouts have been unknown for more than 6 months, the Party organization shall remove them from the list in accordance with the provisions of the Party Constitution.
20
ask
What should be done with Party members who violate discipline who die before the Party organization makes a decision on punishment?
Where a Party member who violates discipline dies before the Party organization makes a sanction decision, or where it is discovered after his death that he has committed serious disciplinary violations, he or she shall be expelled from the Party where he shall be expelled from the Party;
21
ask
How should the persons responsible for disciplinary violations be distinguished?
Distinction between persons responsible for disciplinary violations:
(1) "Directly responsible" refers to Party members or leading Party cadres who do not perform or incorrectly perform their duties within the scope of their duties, and play a decisive role in the losses or consequences caused;
(2) "Persons with primary leadership responsibility" refers to leading Party cadres who, within the scope of their duties, do not perform or incorrectly perform their duties in charge of the work they are in charge of, and bear direct leadership responsibility for the losses or consequences caused;
(3) "Persons with important leadership responsibility" refers to Party member leading cadres who, within the scope of their duties, do not perform or incorrectly perform their duties in the work they should be in charge of or participate in decision-making, and bear secondary leadership responsibility for the losses or consequences caused.
The term "leadership responsibility" as used in the "Regulations" includes those with primary leadership responsibility and those with important leadership responsibility.
22
ask
How to understand the "voluntary confession" referred to in the "Regulations"?
The term "voluntary confession" as used in the "Regulations" refers to Party members suspected of violating discipline who confess their problems to the relevant organizations before organizing conversations, letters, inquiries, and preliminary verifications, or confessing problems that the organization has not grasped during the period of conversations, letters, preliminary verifications, and case filing and review.
23
ask
How to calculate the financial loss caused by the infraction?
The calculation of economic losses shall be calculated for all property losses that have actually been caused at the time the case is filed, including all kinds of expenses and expenses paid to recover the losses caused by the disciplinary violations. Economic losses that continue to occur after the case is filed and before it is handled shall be counted together.
24
ask
How to deal with the financial or other benefits obtained from the infraction?
The economic benefits obtained from the violation of discipline shall be confiscated or ordered to be returned. Compensation for disciplinary gains and economic losses that are voluntarily handed over shall be accepted, and confiscated or returned to the relevant units and individuals in accordance with provisions.
The discipline inspection organ undertaking the case, or the discipline inspection organ at the level above, shall recommend that the relevant organization, department, or unit make corrections in accordance with provisions for other benefits such as positions, ranks, titles, academic qualifications, academic qualifications, degrees, awards, or qualifications obtained through disciplinary violations.
Party members who are dealt with in accordance with the provisions of articles 37 and 38 of the "Regulations" are to be dealt with in accordance with the provisions of this article, and after investigation it is confirmed that the benefits obtained by them from committing disciplinary violations.
25
ask
How to enforce Party discipline decisions?
After a Party discipline sanction decision is made, it shall be announced to all Party members in the Party's basic level organization to which the sanctioned Party member belongs, as well as to himself, within one month, and if he is a member of the leadership group, it shall also be announced to the leadership group of the Party organization to which he belongs, and the materials of the sanction decision shall be included in the file of the sanctioned person in accordance with the cadre management authority and organizational relationship; Procedures for corresponding changes in work and other related benefits, and where removal or adjustment of their non-Party positions are involved, it shall be recommended that the non-Party organizations promptly remove or adjust their non-Party positions. In special circumstances, the time period for handling may be appropriately extended upon approval by the organization that made or approved the sanction decision. The processing period shall not exceed six months.
The organ enforcing the Party discipline sanction decision or the unit to which the sanctioned Party member belongs, shall report on the implementation of the sanction decision to the organ that made or approved the sanction decision within six months.
Where Party members are dissatisfied with the Party discipline sanctions, they may submit appeals in accordance with the Party Constitution and relevant provisions.
Source: Kyoji Guanlan