Party members should strictly perform their obligation to testify during disciplinary review

Case

According to the website of the Central Commission for Discipline Inspection and the State Supervision Commission, Zeng Xiaoen, former secretary of the Party Committee of Shanshu Township, Zhenxiong County, Yunnan Province, is suspected of embezzling funds to benefit farmers. During the investigation, Tsang instructed witnesses to give false testimony and form offensive and defensive alliances to resist organizational scrutiny. Zeng Xiaoen was expelled from the party and dismissed from public office, and was transferred to the judicial organs for handling in accordance with the law. Sun Baoyi, former deputy chief clerk of the logistics service center of the Hohhot Central Branch of the People's Bank of China, still did not restrain or stop during the inspection of the Party Committee of the Central Branch of the People's Bank of China to the Party Committee of the Hohhot Central Branch, and acted boldly and recklessly. He believed that the discipline inspection department of the People's Bank of China at the grassroots level had no authority to investigate and prosecute cases of job-related crimes, and he was dismissive of the organization's many conversations, and even asked relevant personnel to give false testimony on his behalf. After the organization had a large number of clues, it still insisted that it had purchased the reimbursement items "genuinely". When organizing many reminders and educational rescues, they passively responded to the review under the pretext of "not knowing", "not knowing" and "not remembering clearly". In May 2019, Sun Baoyi was investigated by the Supervisory Committee of Tuoketuo County, Hohhot City, Inner Mongolia on suspicion of embezzlement, and was placed in custody. In August of the same year, Sun Baoyi was expelled from the party and expelled from public office. In May 2020, Sun Baoyi was sentenced to four years and six months in prison and fined 300,000 yuan.

In all of the above cases, there are circumstances in which the cooperation certificate is not deserved during the investigation and review of the organization. The newly revised Regulations on Disciplinary Punishment of the Communist Party of China stipulate that in the disciplinary review of Party organizations, Party members who have the obligation to testify in accordance with laws and regulations shall be given warnings or serious warnings if the circumstances are more serious, and if the circumstances are serious, they shall be removed from their positions within the Party, placed on Party probation, or expelled from the Party.

Discipline review is an activity carried out by Party organizations to file and review cases of Party organizations and Party members suspected of violating discipline in accordance with rules and disciplines, is an important way for discipline inspection and supervision organs to perform their duties, and is an important means to punish corruption and strictly enforce Party discipline. Only when the facts are clear and the evidence is conclusive, can the characterization be accurate and the punishment appropriate. This makes witness testimony an important link in the chain of evidence. It is the obligation of Party members to explain the facts they know to the Party organization based on their personal experience, to provide objective and true evidence for the disciplinary review, and to ensure that the results of the disciplinary review are comprehensive and fair. It can be seen from the above cases that the refusal of Party members to testify or deliberately provide false information is an obstacle to and deliberate interference with the discipline review work, which not only hinders the normal development of the discipline review work, but also increases the cost of the discipline review to a certain extent and undermines the authority and seriousness of the discipline review work.

The inclusion of Party members' refusal to testify or deliberately providing false information into the Party's disciplinary regulations reflects the attitude and trend of comprehensively and strictly administering the Party. This is not the first time that Party members have been required to testify as an obligatory requirement. Article 28 of the Regulations of the Communist Party of China on the Inspection of Cases by Discipline Inspection Organs issued in 1994 clearly stipulates that "all organizations and individuals who know the circumstances of a case have the obligation to provide evidence", and Article 28 of the Detailed Rules for the Implementation of the Regulations on the Inspection of Cases by Discipline Inspection Organs of the Communist Party of China stipulates that "if a Party member refuses to testify or intentionally provides false information, the circumstances are serious, he shall be given Party disciplinary sanctions in accordance with the relevant provisions; Article 18 of the "Supervision Law of the People's Republic of China" and article 42 of the "Law of the People's Republic of China on Governmental Sanctions for Public Employees" 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 that relevant units and individuals shall truthfully provide information. It can be seen that the obligation of party members to testify has long been stipulated in the party's discipline, and this requirement has been consistent.

As far as the nature of testimony is concerned, whether or not a party member can perform his obligation to testify in accordance with laws and regulations is an important criterion for testing whether a party member is loyal and honest to the party. Among the eight obligations stipulated in the party constitution for party members, the fifth article is "to be loyal and honest to the party, and to be consistent with words and deeds". The performance of the obligation of Party members to testify is a specific requirement of the standards of the Party Constitution, the responsibility of Party members in disciplinary review, and an important embodiment of Party members' Party spirit.

In real life, party members have different intentions for refusing to testify or deliberately providing false information. Some of them are selfish, and at present the first consideration of personal advantages and disadvantages is the fear that testifying will bury hidden dangers and affect future job promotions and career development; some are trapped by personal favors and are unable to save face in the face of fellow villagers, classmates, comrades-in-arms, and so on, and are unwilling to testify; some are afraid of retaliation and are worried that telling the truth may bring risks to themselves; and still others have problems themselves, and they are weak in their hearts as thieves and are afraid of being exposed. Regardless of the original intention, a Party member's refusal to testify or deliberately provide false information is a discarding of the Party's obligations, a manifestation of disloyalty to the Party, and an act of losing the Party's spirit and principles. For party members, holding public will is the fundamental basis, adhering to principles is the basic requirement, abiding by discipline is the bottom line of behavior, and fulfilling obligations is the duty of duty. Violating the stand of the party and the people for the sake of selfishness, favors, and personal interests, ignoring party discipline and state law, and abdicating the responsibilities that should be borne not only tarnished the title of party member, but also lost the standard of conduct of a party member. In this sense, whether or not we dare to testify is a test of the party spirit of party members and an important measure of party members' dedication to performing their duties. In order to ensure that Party members' performance of their obligation to testify is not interfered with by other factors, the Party Constitution includes Party members' testimony as one of the eight democratic rights, the Regulations on the Protection of the Rights of Party Members of the Communist Party of China are further refined, and Article 88 of the Regulations on Disciplinary Sanctions of the Communist Party of China specifically stipulates sanctions for acts that cause adverse consequences such as suppressing Party members' defenses, defenses, and testimony, so that Party members' performance of their obligation to testify has strong support from internal Party regulations.

Disciplinary review is a procedural, principled, and normative work, and Party members must not design a "script" in advance for disciplinary review, and must be carried out in accordance with rules and disciplines. This requires the majority of party members to strengthen the study of the party constitution and party rules, enhance the sense of discipline, strengthen the organizational concept, always think that they are party members and members of the organization, never forget their obligations and responsibilities, maintain the political quality of loyalty to the party, consciously accept the organizational arrangements and discipline constraints, in the discipline review in line with the attitude of being responsible to the party, objectively and truthfully reflect the situation, seriously and conscientiously perform the obligation to testify, and achieve political loyalty, organizational obedience, and action discipline.

Party organizations at all levels should always grasp the "precept ruler" of discipline, educate and guide the majority of party members to learn discipline, know discipline, understand discipline, and abide by discipline, stick to the original intention, and adhere to the public spirit. Improve the professional quality and professional ability of discipline inspection cadres, carry out work in strict accordance with relevant regulations in discipline examinations, grasp well the link of Party members testifying, explain to Party members the internal Party regulations, explain the interests and stakes, combine enlightenment and strict discipline, and let Party members who testify put down their ideological baggage, abandon erroneous understandings, and explain the real situation. Further improve and improve the system of intra-Party democracy, protect the democratic rights of Party members to testify, provide a healthy political ecology for Party members to fully fulfill their obligation to testify, and enhance Party members' trust and reliance on Party organizations.