【Party Discipline Learning and Education】One lesson a day | How to deal with the benefits obtained from disciplinary violations in the "Regulations on Disciplinary Actions of the Communist Party of China".

Party discipline study and education

One lesson per day

Lesson 14: How to deal with the benefits obtained from disciplinary violations in the "Regulations on Disciplinary Actions of the Communist Party of China".

The Regulations on Disciplinary Actions of the Communist Party of China stipulate how to deal with the benefits obtained from disciplinary violations. There are two main types of situations –

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.

In accordance with the "Regulations of the Communist Party of China on Disciplinary Sanctions", the "Law of the People's Republic of China on Governmental Sanctions for Public Employees" and relevant Guiding Cases, when pursuing Party discipline responsibility, the main methods for disposing of assets involved in the case are "confiscation" and "ordering restitution"; Among them, the "confiscation" of disciplinary gains when pursuing party discipline responsibility is equivalent to "confiscation" and "recovery" of illegal gains when pursuing supervision responsibility.

"Confiscation" is usually aimed at property obtained from the commission of violations of discipline and law and the proceeds thereof, and "ordering restitution" is usually aimed at the squandering and wasting of state-owned assets in violation of regulations, such as eating and drinking at public expense, traveling at public expense, and property obtained by arbitrarily imposing fines and fees in violation of regulations. Where damage is made, compensation shall be made with property of comparable value, and the property ordered to be returned shall be directly returned to the original owner or holder, and where it cannot be returned, it shall be turned over to the state treasury.

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.

The term "relevant organizations, departments, and units" here mainly refers to organizations, departments, and units that have the right to correct their positions, ranks, titles, academic qualifications, degrees, awards, qualifications, and other benefits obtained from violations of discipline.

At the same time, in conjunction with the provisions of articles 37 and 38 of the "Regulations", Party members whose whereabouts are unknown after violating discipline, Party members who died before the Party organization made a decision on punishment, or Party members who have been found to have committed serious disciplinary violations after their deaths, shall also be dealt with in accordance with the above provisions if the benefits obtained by them from the violation of discipline are confirmed after investigation.

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Source: The website of the Central Commission for Discipline Inspection and the State Supervision Commission

Editor: Zhang Caiyuan

Editor-in-charge: Li Tong

Review: Wang Qin

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