Interpretation of the New or Revised Key Provisions of the Regulations on Disciplinary Actions of the Communist Party of China (4)

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.

Refusal to correct relatives doing business and running enterprises in violation of regulations

[Article]

Article 107: Where the spouses, children, and spouses of leading Party cadres engage in business activities that might affect the fair performance of their official duties in the area or scope of operations under the jurisdiction of the leading Party cadres, or have other conduct that violates the provisions on the prohibition of doing business or running enterprises, the leading Party cadres shall make corrections in accordance with the provisions;

[Interpretation]

Article 107 of the "Regulations" newly stipulates that if the spouses, children, and spouses of party-member leading cadres "have other acts in violation of the regulations on the prohibition of doing business and running enterprises," the leading cadres shall correct them in accordance with the regulations; if they refuse to do so, the leading cadres themselves shall resign from their current posts or have their posts adjusted by the organization; and if they do not resign from their current posts or do not obey the organization's readjustment of their posts, the leading cadres shall be dismissed from their posts within the party. In real life, the unclean behavior of party-member leading cadres can be roughly divided into two categories: First, they actually use their powers and thus seek personal gains, and must be severely punished; second, although they do not actually use their powers to seek personal interests, there are conflicts of interest, which is a real risk, and must also be regulated. This section of the Regulations is made from the perspective of preventing conflicts of interest.

The "Regulations on Violating the Prohibition of Doing Business and Running Enterprises" stipulated in the "Regulations" are mainly connected to the "Regulations on the Management of Spouses, Children and Their Spouses of Leading Cadres Doing Business and Running Enterprises" issued by the General Office of the CPC Central Committee in 2022. At the same time, the spouses, children, and their spouses of leading cadres at different levels and categories are prohibited from doing business or running enterprises. Leading Party cadres should follow the relevant regulations of the Party Central Committee and their own units and localities to strengthen education and restraint on their relatives and take the lead in administering their families honestly.

Infringing on the interests of the masses in the field of rural revitalization

[Article]

Article 122:Where any of the following conduct is committed, those directly responsible and those with leadership responsibility are to be given warnings or serious warnings where the circumstances are more minor;

(1) Raising funds and apportioning expenses from the masses beyond the standard or scope, increasing the burden on the masses;

(2) Violating relevant provisions by withholding or confiscating the public's money or property, or punishing the public;

(3) Withholding the public's property, or violating relevant provisions in arrears to the public;

(4) Collecting fees in violation of relevant provisions in management or service activities;

(5) Making things difficult for the masses when handling affairs involving the masses, or asking for money or cards;

(6) Other conduct that infringes on the interests of the public.

Where there is any conduct described above in the field of rural revitalization, the punishment is to be heavier or aggravated.

[Interpretation]

The second paragraph of Article 122 of the "Regulations" provides that if there is an act that infringes on the interests of the masses in the field of rural revitalization, the punishment shall be heavier or aggravated. In 2021, General Secretary Xi Jinping announced at the National Poverty Alleviation Summary and Commendation Conference that the mainland's poverty alleviation battle has achieved a comprehensive victory, marking a solid step forward for our party on the road of uniting and leading the people to create a better life and achieve common prosperity. We have shifted from poverty alleviation to promoting comprehensive rural revitalization, but we must be soberly aware that the most arduous and onerous task of building a modern socialist country in an all-round way is still in the rural areas, and the depth, breadth and difficulty of fully implementing the rural revitalization strategy are no less than poverty alleviation. The above provisions of the "Regulations" demonstrate the higher standards and stricter requirements for Party organizations and Party members in the promotion of comprehensive rural revitalization, so as to urge relevant Party organizations and the majority of Party members to continue to shoulder the responsibility and grasp it in their hands, and do a good job in all aspects of comprehensive rural revitalization, especially to effectively prevent and correct behaviors that infringe on the interests of the masses in the field of rural revitalization.

"New officials ignore old accounts"

[Article]

Article 130: Where there is irresponsibility or negligent management in work, or where implementation, inspection, and supervision of higher-level decisions and deployments are not effective, causing relatively large losses to the interests of the Party, the state, and the people, as well as public property, those directly responsible and those with leadership responsibility are to be given warnings or serious warnings;

Where leading Party cadres passively evade or shirk responsibility for issues that already existed before they take office and are within the scope of their duties, causing serious harm or serious negative impact, it is to be handled in accordance with the provisions of the preceding paragraph.

[Interpretation]

The second paragraph of Article 130 of the "Regulations" stipulates that "leading Party cadres who passively evade or shirk their responsibilities for problems that already existed before taking office and fall within the scope of their duties, causing serious damage or serious adverse impacts" shall be given corresponding Party disciplinary sanctions. The relevant situation stipulated here is a legal expression of "the new official ignores the old account". "New officials ignore old accounts" is a figurative statement, and on the surface it appears to be "old accounts," but in fact it is the duty of the new leading cadres to take over and settle them. The newly appointed leading cadres must not only take over the power, but also take over the responsibility, do it one term after another, settle the "old accounts" with an attitude of not evading things, and stop losses in a timely manner. However, in practice, there are still leading cadres who choose to turn a blind eye to some historical debts, "half-pulled projects," and legacy problems under the pretext of changing leadership groups and post adjustments, and procrastinating for a long time. In the theme education of studying and implementing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, it is proposed that six outstanding problems need to be solved, among which the "responsibility aspect" includes the lack of sense of responsibility, the wisdom of self-protection in case of trouble, and the dare not to touch the real problem, which directly points to the key point of the behavior of "new officials ignore old accounts". Party members and leading cadres should deeply understand the profound intention of the Party Central Committee in adding this paragraph to the "Regulations", enhance their understanding, earnestly fulfill their responsibilities, transform the solution of past contradictions into a driving force for future development, and establish "new achievements" in solving "old accounts".

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

Review: Huang Zhijun

Editor: Wu Yuting