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Interpretation of the New or Revised Key Provisions of the Regulations on Disciplinary Actions of the Communist Party of China (2)

author:Guigang popularization of law

Party discipline is studied daily

Compared with the 2018 Regulations, 16 new articles have been added and 76 articles have been amended, further tightening the cage of the dense system and providing important guidelines for comprehensively strengthening the party's discipline construction. In order to help everyone deeply study, understand, and implement the "Regulations", in view of some of the key provisions added or revised to the "Regulations", the comrades of the Laws and Regulations Office of the Central Commission for Discipline Inspection and the State Supervision Commission, who participated in the revision of the "Regulations", gave an authoritative interpretation from the background of the revision, understanding and implementation. There are a total of 15 interpretations, and everyone is invited to learn them one by one.

Implement the decisions and arrangements of the Party Central Committee, only express their stance and do not implement them, and engage in departmental or local protectionism

[Article]

Article 56: Where leading Party cadres act on their own initiative in the area where they are in charge or in the department they are in charge of, engage in mountaineering, refuse to carry out the major policies set by the Party Central Committee, or even engage in another set of policies behind the Party Central Committee's back, they are to be removed from internal Party positions, placed on Party probation, or expelled from the Party.

Those who only express their stance and do not implement the decisions and arrangements of the Party Central Committee, or who are not resolute in implementing the decisions and arrangements of the Party Central Committee, make discounts or make changes, and cause negative political impacts or serious consequences, are to be given warnings or serious warnings;

Those who disregard the overall interests of the Party and the state and engage in departmental or local protectionism shall be dealt with in accordance with the provisions of the preceding paragraph.

[Interpretation]

Article 56 of the "Regulations" adds a third paragraph, which clarifies the punishment provisions for acts of disregarding the overall interests of the Party and the state and engaging in departmental or local protectionist acts, and further improves the disciplinary provisions to ensure the smooth implementation of the Party Central Committee's decrees. The primary task of the party's political construction is to ensure that the whole party obeys the central authorities and upholds the authority and centralized and unified leadership of the party central committee. All work arrangements with departmental and local characteristics must be premised on implementing the spirit of the CPC Central Committee, and there must be no ambiguity or wavering in the slightest. In the course of discipline enforcement and supervision, it has been discovered that the party-member leading cadres in some localities and departments are unable to correctly handle the relationship between the overall situation and the local situation and between the central and local authorities, and there are problems of doing their own thing, practicing self-centeredness, and decentralism. For example, some of them do their own thing, and they do not care about building a unified national market and unimpeding the national circulation, and they only concentrate on building small markets in their own regions and regions, engaging in their own small circulation, or engaging in regional blockades in the name of "internal circulation." Some have introduced preferential policies that discriminate against foreign-funded enterprises and enterprises from other places, practice regional protection, and set up discriminatory and hidden regional market barriers, and so on. Those who disregard the overall interests of the Party and the state and engage in departmental or local protectionism and cause a negative impact or serious consequences politically shall be given corresponding Party disciplinary sanctions.

At the same time, the second paragraph of Article 56 of the "Regulations" adjusts the implementation of the Party Central Committee's decisions and deployments from the original violation of work discipline to the violation of political discipline. The "two safeguards" are concrete and cannot remain in words. In practice, some localities and departments are keen to express their stance and deal with the decisions and arrangements of the Party Central Committee in a vain manner, shouting slogans that are earth-shattering, but they do not see actual actions, and in the end they cannot conceal the essence of their behavior of not grasping implementation. The imposition of party discipline sanctions on these behaviors that do not implement the decisions and arrangements of the party Central Committee is to ensure that the orders and prohibitions of the party Central Committee are carried out with strict political discipline, and to urge party members and leading cadres to achieve the "two safeguards" with practical actions.

The concept of political performance is misplaced, which violates the new development concept and deviates from the requirements of high-quality development

[Article]

Article 57: Where leading Party cadres have a misplaced view of their political achievements, violate the new development concept, deviate from the requirements of high-quality development, and cause relatively large losses to the interests of the Party, the State, or the people, they are to be given warnings or serious warnings;

Those who engage in "image projects" or "performance projects" that work hard for the people and hurt money are to be given heavier or heavier punishments.

[Interpretation]

The first paragraph of Article 57 has been added to the "Regulations" to enrich the punishment provisions for the misplaced view of political performance of Party members and leading cadres, violations of the new development concept, and deviations from the requirements of high-quality development. General Secretary Xi Jinping pointed out that the complete, accurate and comprehensive implementation of the new development concept is a work requirement for economic and social development, and is also a very important political requirement, emphasizing that high-quality development is the primary task of building a modern socialist country in an all-round way, and adhering to high-quality development should become an important part of the leading cadres' outlook on political performance. To promote high-quality development on the new journey, we must not wear new shoes and follow the old path, but must completely, accurately and comprehensively implement the new development concept. It should be said that the majority of cadres are able to actively adapt to the new development requirements, but there are also some cadres who cannot keep up, and some of them are due to lack of ability or work style problems, but there are also many caused by the misplaced view of political performance. In practice, some leading cadres forget that benefiting the people is the greatest political achievement, tie up their personal fame and fortune, have selfish and distracting thoughts, are obsessed with obtaining promotion capital, like to "put on a show" rather than "do things", and are keen to "build momentum for a while" rather than "benefit one party", and deviate from political requirements in implementing the new development concept and promoting high-quality development, causing serious harm. For example, some party-member leading cadres have an incorrect view of political performance, blindly borrowing money and eating more food, violating laws and regulations or borrowing debt in disguised form to form hidden debts, or blindly developing high-energy-consuming, high-emission, and low-level projects, and engaging in low-level redundant construction on a large scale, causing heavy losses to the interests of the party, the state, and the people. The provisions of this paragraph are conducive to promoting Party members and leading cadres to earnestly implement the requirements of the Party Central Committee, conscientiously practice the correct view of political performance, and implement the requirements of the new development concept and high-quality development.

At the same time, the second paragraph of Article 57 of the "Regulations" adjusts the conduct of engaging in "image projects" and "performance projects" that work hard for the people and hurt money from the original violation of mass discipline to a violation of political discipline, and stipulates that the punishment will be aggravated. The main consideration is that engaging in "image projects" and "performance projects" that work hard for the people and hurt money are personal images and political capital, which are essentially quick successes and quick profits and greedy for fame under the control of the wrong view of political performance, which will inevitably bring about a great waste of resources and development opportunities, overdraft the long-term healthy development of a region and field, seriously damage the interests of the party, the country and the people, and fundamentally deviate from the requirements of high-quality development. Therefore, the Regulations have made the above adjustments.

Party members refuse to testify or intentionally provide false information

[Article]

Article 80: Where Party members who have an obligation to testify in accordance with laws and regulations refuse to testify or intentionally provide false information during the disciplinary review of Party organizations, and the circumstances are more serious, they are to be given warnings or serious warnings;

[Interpretation]

Article 80 of the "Regulations" adds a new punishment provision for Party members who have the obligation to testify in accordance with laws and regulations during the disciplinary review of Party organizations and refuse to testify or intentionally provide false information. Discipline examination is a serious political work and an important measure to safeguard the party's discipline authority. The Regulations of the Communist Party of China on the Inspection of Cases by Discipline Inspection Organs issued in 1994 and its implementation rules clearly stipulate that "all organizations and individuals who know the circumstances of the case have the obligation to provide evidence" and that "if a Party member refuses to testify or deliberately provides false information, and the circumstances are serious, he shall be given Party disciplinary sanctions in accordance with the relevant regulations". Article 18 of the "Supervision Law" and article 42 of the "Government Sanctions Law" both provide that the Supervision Organs have the right to learn about the situation from relevant units and individuals in accordance with law, and to collect and collect evidence, and the relevant units and individuals shall truthfully provide information. In the review of a case, many witnesses are often involved, and although these witnesses are not parties to the case or persons involved in the case, they have the obligation to testify in accordance with laws and regulations because they know the relevant circumstances of the case. Party members who are witnesses shall strengthen their organizational concept and awareness when the organization learns about the situation from them, objectively and truthfully reflect the situation in an attitude of being highly responsible to comrades within the Party, the Party organization, and the Party's cause, seriously and conscientiously perform their obligation to testify, and jointly safeguard the authority and seriousness of the discipline review work.

Source: Bagui Pioneer, China Journal of Discipline Inspection and Supervision

Review: Huang Zhijun

Editor: Wu Yuting

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