Study and implement the disciplinary regulations丨Be loyal and honest to the party, and truthfully ask for instructions and report to the organization

  The Commission for Discipline Inspection and Supervision of Shanggao County, Yichun City, Jiangxi Province, adheres to the discipline and rules in the forefront, strictly supervises and inspects the implementation of important systems such as requests for instructions and reports by Party members and cadres, and further enhances the awareness of discipline and rules among Party members and cadres. The picture shows the county's discipline inspection and supervision cadres conducting spot checks and verifications of the clean government files of leading cadres of some units in the county. Photo by Chen Wu

  Special guests

  Zhao Yubin, Director of the Case Trial Office of the Inner Mongolia Autonomous Region Commission for Discipline Inspection and Supervision

  Chen Ying, Director of the First Supervision and Inspection Office of the Jinan Municipal Commission for Discipline Inspection and Supervision of Shandong Province

  Pan Yeteng is the director of the case trial room of the Fuzhou Municipal Commission for Discipline Inspection and Supervision of Fujian Province

  General Secretary Xi Jinping stressed, "Leading cadres must have a sense of organization and procedure, and those who should be asked for instructions must be asked for instructions, and those who should be reported must be reported. "The "Regulations on Disciplinary Punishment of the Communist Party of China" (hereinafter referred to as the "Regulations") stipulate what behaviors are not reported to the organization in accordance with the regulations, and what discipline is violated? What is the difference between not asking for instructions and reporting major matters in accordance with the regulations and not reporting or truthfully reporting the work situation? What are the constitutive elements of the violation of discipline by failing to report relevant personal matters in accordance with the regulations? We specially invite relevant discipline inspection and supervision cadres to have exchanges.

  Why does our party emphasize the need to truthfully report and report the situation to the organization? What behaviors do the "Regulations" stipulate for failing to report the situation to the organization in accordance with the regulations, and what discipline is violated?

  Zhao Yubin: Party organizations at all levels and all party members must be loyal and honest to the party, be upright, tell the truth, do honest things, be honest people, and truthfully reflect and report the situation to the party. Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has repeatedly emphasized the importance of strictly implementing the system of requesting instructions and reporting, and put forward clear requirements. The Party Central Committee has formulated and promulgated a series of laws and regulations, such as the "Several Guidelines on the Political Life of the Party in the New Situation", the "Several Provisions of the Political Bureau of the CPC Central Committee on Strengthening and Maintaining the Centralized and Unified Leadership of the Party Central Committee", the "Regulations on Requests for Instructions and Reports on Major Matters of the Communist Party of China", and the "Regulations on the Reporting of Personal Matters by Leading Cadres". Promoting the comprehensive and strict governance of the party has provided a more scientific and rigorous institutional guarantee for in-depth development.

  For party members and cadres, abiding by discipline and rules is a kind of constraint and criterion, but also a kind of responsibility and realm, and it is also a touchstone for testing party spirit. Being loyal and honest to the party and being consistent with words and deeds is the obligation of party members stipulated in the party constitution. Communist Party members who are determined to dedicate everything to the cause of the Party when they join the Party should be loyal and honest to the Party at all times and be consistent with their words and deeds. Only when party members and cadres have the quality of loyalty and honesty to the party can they implement the party's theory, line, principles and policies to the letter, and consciously maintain a high degree of consistency with the party Central Committee with Comrade Xi Jinping as the core in terms of ideology, politics and action.

  Truthfully reflecting and reporting the situation to the Party is an important way for Party members to accept organizational supervision. Strictly implement the system of requesting instructions and reporting on major matters and personal matters of leading cadres, and truthfully explain the situation to the organization, so that party members and cadres, especially leading cadres, put themselves under the supervision of the party organization, often hold the feeling of "walking on thin ice", always have the heart of "self-reflection", and always maintain honesty and dedication, which is conducive to the party organization to fully grasp the ideology, work, and living conditions of party members and cadres, and to discover and correct emerging problems in a timely manner.

  Pan Yeteng: There are six main articles in the "Regulations" concerning the punishment of not reporting and reporting to the organization in accordance with the regulations, which respectively violate political discipline, organizational discipline and work discipline.

  Violations of political discipline. The first is the act of not requesting instructions and reporting major matters to the organization as provided for in Article 61 of the "Regulations". From the level of discipline, this article strengthens the provisions of the "Several Guidelines on the Political Life of the Party in the New Situation" that the whole Party must strictly implement the system of requesting instructions and reporting on major issues. In this revision, the provision of "party discipline sanctions for those directly responsible and those with leadership responsibility" was also added, which fully reflects the practical requirements of "the whole chain of responsibility". The second is the laissez-faire violation of political discipline and political rules as stipulated in Article 75 of the "Regulations." This article mainly refers to the lack of fighting spirit on major issues of right and wrong on the part of some party-member leading cadres, which is manifested in the fact that, within the scope of their duties, they do not struggle against erroneous ideas and behaviors such as violating political discipline and rules, and they do not report the report, criticize what should be criticized, do not correct what should be corrected, and do not investigate and deal with what should be investigated, thus causing a negative impact.

  Violations of organizational discipline. The first is the behavior of Party members who refuse to testify or intentionally provide false information as provided for in Article 80 of the "Regulations", which is a newly added provision, emphasizing that Party members, as witnesses, shall strengthen their organizational concept and awareness when the organization learns about the situation from them, objectively and truthfully reflect the situation, and seriously and conscientiously perform their obligation to testify. The second is the act of failing to report personal matters in accordance with regulations, not truthfully explaining problems to the organization, failing to report or truthfully reporting personal whereabouts, and not truthfully filling in personal file materials as provided for in Article 81 of the "Regulations". This article emphasizes that the loyalty and honesty of party members and cadres to the party should not only stay in words, but should be specific and practical, and report matters and explain problems to the organization should be consistent with words and deeds, and be consistent with what is inside and outside.

  Violations of work discipline. The first is the act of not reporting or truthfully reporting the work situation as provided for in Article 140 of the "Regulations". This article is mainly aimed at Party members or Party organizations who clearly know the relevant situation but do not report it when they inspect or inspect their work or report their work to their superiors, or they engage in fraud, cover up problems, or report good news but do not report bad news. The second is the act of not reporting the acts of interference and meddling in accordance with the provisions as provided for in Article 143 of the "Regulations". This article is mainly to guide the majority of party members and cadres to seriously record and report illegal interference and meddling, so that those who want to ask for intervention are "discouraged".

  What are the main contents and requirements that need to be reported in the report on requesting instructions on major matters? What is the difference between not asking for instructions and reporting major matters in accordance with regulations and not reporting or reporting the work situation truthfully?

  Chen Ying: Article 61 of the "Regulations" stipulates the punishment for failure to request instructions from the organization or report major matters in accordance with regulations. In order to accurately understand and apply this article, it is necessary to clarify the main content and requirements of the report on major matters.

  Party organizations request instructions and report items and requirements. The Regulations of the Communist Party of China on Requests for Instructions and Reports on Major Matters stipulate that major principles and policies related to the overall work of the Party and the state, major principles and issues in the construction of economic, political, cultural, social, and ecological civilization and Party building, matters under the centralized and unified management of the Party Central Committee, such as national security, Hong Kong, Macao, Taiwan and overseas Chinese, foreign affairs, national defense, and the military, as well as other major matters that can only be led and decided by the Party Central Committee, must be reported to the Party Central Committee for instructions. At the same time, it also stipulates 10 matters for requesting instructions from higher-level Party organizations and 9 matters for reporting to higher-level Party organizations. In the course of implementation, Party organizations' requests for instructions and reports shall generally be conducted in the name of the organization, and oral or written requests for instructions and reports are to be made based on the type and urgency of major matters. Requests for instructions and reports shall be carried out on a level-by-level basis, and generally must not be overstepped to request instructions and reports, and in special circumstances, reports may be made directly to higher-level Party organizations in accordance with relevant provisions, and so forth.

  Party members request instructions on reporting matters and requirements. Party members shall seek instructions from the Party organization on matters such as the implementation of the Party organization's resolutions and the completion of work assigned by the Party organization, the opinions and suggestions on the Party's work and leading cadres, the discovery of clues on violations of discipline and law by Party members and leading cadres, and the situation of going out on a mobile basis.

  Leading cadres request instructions on matters and requirements to be reported. The matters that leading cadres should report to the Party organization include studying and implementing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implementing important situations and issues in the decisions and deployments of the Party Central Committee and Party organizations, abiding by political discipline and political rules, and resolutely safeguarding the core of General Secretary Xi Jinping's Party Central Committee. The core position of the whole party, resolutely safeguarding the authority of the Party Central Committee and centralized and unified leadership, upholding democratic centralism, carrying forward intra-party democracy, correctly exercising power, and participating in collective leadership, and participating in the democratic life meeting of the leadership group and the organizational life meeting of the Party branch (Party group) to which it belongs. Leading cadres shall seek instructions from the Party organization, including five matters, including major matters that exceed the scope of their own authority and should be decided by the Party organization to which they belong or the Party organization at a higher level; issues and situations that fall within the scope of their own authority but are of major importance; express important opinions on behalf of the Party organization; and are unable to perform their duties or leave their place of work for some reason.

  Party members and leading cadres shall use oral and written methods to make reports for instructions in accordance with regulations. Party organizations shall promptly handle requests for instructions from Party members and leading cadres, and when necessary, may conduct research and handling of reported matters.

  Zhao Yubin: Failure to ask for instructions in accordance with regulations, reporting major matters and not reporting and not truthfully reporting the work situation are all manifestations of not truthfully reporting relevant matters to the organization and deceiving the organization, and the main differences are as follows:

  The subjective aspect is different. Failure to follow regulations to request instructions or report on major matters subjectively includes intentionality or negligence, that is, deliberately failing to request instructions or report on major matters knowing that they should be requested or reported in accordance with regulations, or failing to request instructions or report in accordance with regulations while mistakenly believing that they are not major matters;

  The subject matter is different. Failure to ask for instructions and report on major matters in accordance with regulations will cause party organizations to fail to grasp the work and personal circumstances of party members and leading cadres, and then lead to passivity and lack of supervision in work, affecting the unity and unity of the party, and the object of infringement is the party's high degree of political centralization and unity, which is an act of violating political discipline; failure to report or truthfully report on the work situation is an infringement of the normal work order and management system of the party and state organs, and is an act of violating work discipline.

  The objective aspect is different. Failure to follow regulations in requesting instructions or reporting major matters includes both prior instructions and reporting during and after the event; failure to report or truthfully report work is in the process of inspecting or inspecting work at a higher level or reporting or reporting to a higher authority. Major matters have specific connotations, and refer to important matters and important situations that are beyond the scope of the authority of Party organizations, Party members, and leading cadres, or that are within the scope of their own authority but have a bearing on the overall situation and have a wide impact;

  What are the constitutive elements of a violation of discipline in failing to report relevant personal matters in accordance with regulations? What problems should leading cadres pay attention to when reporting relevant personal matters?

  Chen Ying: Reporting personal matters in accordance with regulations is a basic requirement put forward by party organizations for party-member leading cadres, and it is a powerful means for supervising party-member leading cadres. The constitutive elements of a violation of discipline that fails to report relevant personal matters in accordance with regulations include:

  Subject. The subject of this disciplinary violation is a special subject, that is, a leading cadre who is a Party member. The specific scope of leading cadres should be implemented in accordance with the "Provisions on Leading Cadres Reporting Personal Matters."

  Subjective aspect. This act is generally intentional, and is usually manifested in the deliberate failure to report or truthful reporting when reporting personal matters.

  Object. The object of this act is the Party's organizational work system.

  Objective aspect. It is usually manifested as concealment, non-reporting, and truthful reporting and other behaviors that do not report personal matters in accordance with regulations.

  Every year, leading cadres are required to report on nine items of "family affairs" related to their personal affairs, including their marital status, their health status and serious illness, their holding of ordinary passports and their going abroad for private purposes, their children's marriages with foreigners and stateless persons, and their spouses, their children's emigration outside the country (territory), and so on. My salary, various bonuses, allowances, subsidies, etc., my income from lecturing, writing, consulting, reviewing, calligraphy and painting, etc., the real estate of myself, my spouse and my children living together, the holding of stocks, funds and investment insurance by myself, my spouse and my children living together, and the business and business of my spouse, children and their spouses.

  In addition to the annual centralized report, if a leading cadre or his family members have any of the prescribed circumstances, they shall promptly report it within 30 days or as soon as possible, and continue to fill in the report during the annual centralized report, for example, the situation of their own serious illness, the change of their marriage, the situation of their spouse or children moving outside the country (territory), or the situation of working, studying, or living outside the country (territory), the situation of their spouse, children and their spouses newly engaging in business and running enterprises, spouses, Children and their spouses have been pursued for criminal responsibility by judicial organs or have been retained in custody by supervision organs.

  Pan Yeteng: In the daily supervision and discipline enforcement work, there are some leading cadres who have a weak sense of organization, are disloyal and dishonest to the party, and conceal and fail to report relevant personal matters. In practice, leading cadres need to pay attention to the following issues when reporting on personal matters:

  The first is to be fully prepared. According to the "Provisions on Leading Cadres Reporting Personal Related Matters", when leading cadres report on personal matters in a centralized manner, they shall report on marriage, going abroad (outside the territory) for private purposes, employment, real estate, investment in financial products, etc., involving many matters and strong relevance. Therefore, leading cadres should make full preparations before filling in the report, collect information in an all-round way, check the original vouchers, and avoid the problem of omission and misstatement caused by insufficient preparation to the greatest extent.

  The second is to fill in accurately. Carefully study relevant regulations and policies, understand error-prone situations and common problems, and further improve the accuracy of reports. In practice, problems such as misstatements and omissions are prone to occur when reporting the holding of stocks, funds, and investment-type insurance, especially in investment-type insurance, where some leading cadres make mistakes in judging whether the insurance products they hold are "investment-type insurance", resulting in failure to report.

  The third is to pay attention to family members. In the work of filling in matters related to the personal affairs of leading cadres, the situation of family affairs and family property that is closely related to the power and behavior of leading cadres has always been highlighted, and leading cadres cannot use ignorance as a reason for not truthfully filling in relevant matters involving their families. Leading cadres and their families should actively cooperate and jointly sort out the assets and investments in the names of themselves, their spouses, children, and their spouses, as well as the assets and investments held in the form of entrusted holdings or anonymous investments that are not in their names, and jointly and truthfully report their "family backgrounds" to promote a clean and honest family style.

  Fourth, do a serious report. Leading cadres should truthfully report relevant personal matters to the organization and conscientiously accept supervision, and resolutely prevent the occurrence of concealment and failure to report and "discounted" reporting. Where the circumstances of concealment or failure to report are more serious, or where other suspected violations of discipline or law are discovered through inspection, their responsibility is to be pursued in accordance with regulations, discipline, and law. With regard to the act of concealing and not reporting property held in the name of others, the standard of "substantive judgment" is generally adhered to in practical determinations, that is, as long as there is evidence to prove that the relevant property is owned by a leading cadre, and the person conceals it and fails to report it, it can be found to constitute a violation of discipline.

  How is there a difference between not truthfully explaining a problem in a conversation or correspondence and the act of resisting the organization's censorship? How can we grasp the violation of discipline by a Party member who has the obligation to testify or deliberately provides false information?

  Pan Yeteng: Article 81, Paragraph 1 (2) of the "Regulations" stipulates that when organizing a conversation or inquiry, if the problem is not truthfully explained to the organization, and the circumstances are more serious, corresponding sanctions will be given. For those who do not truthfully explain the problem to the organization during the conversation or inquiry, and provide false information to the organization or cover up the facts, the second paragraph of Article 81 of the "Regulations" adds a new relevant provision, which clearly follows Article 63 to characterize the handling as "adversarial organizational review". In the course of discipline enforcement and supervision, it is necessary to pay attention to grasping the difference between not truthfully explaining problems when organizing conversations and inquiries and resisting organizational review.

  The first is to pay attention to whether the perpetrator has the subjective intent to deliberately mislead the review or deceive the adversarial organization. The former is generally passive and passive, and adopts the method of inaction to deny relevant issues, which is mainly manifested in the organization of conversations and inquiries, not trusting the organization, refusing to answer for no reason, responding perfunctorily, or avoiding the important and trivial; the latter is generally active and confrontational, and often the perpetrator deliberately provides false information to the organization, sets up obstacles, confuses right and wrong, and attempts to evade investigation and punishment.

  The second is to focus on verifying the objectively existing elements of violations. Most of the former simply deny the problem out of fear and luck, while the latter not only does not truthfully explain the problem when organizing conversations and inquiries, but also has other behaviors, such as collusion, falsification of evidence, concealment of evidence, and provision of false information. In the practice of discipline enforcement, it is necessary to grasp whether there is a correlation between the content of the actor's conversation and inquiry by the organization and the conduct of the confrontation organization, and conduct an overall evaluation of the entire case.

  Third, the time node of the behavior is different. The former generally takes place at the stage of organizing interviews and correspondence, excluding interviews at the stage of preliminary verification and review and investigation. Conduct against organizational review does not need to occur after the case is filed, it can occur after the organization decides to review, or it can occur after the disciplinary violation is carried out and before the organization decides to review.

  Chen Ying: Article 80 of the "Regulations" stipulates the type and scope of punishment for Party members who have the obligation to testify in accordance with laws and regulations in the disciplinary review of Party organizations who refuse to testify or intentionally provide false information. This provision is a new provision, but it is not a new disciplinary requirement, which is already clearly stipulated in the party's internal regulations. Article 3 of the party constitution stipulates that it is the duty of party members to "earnestly carry out criticism and self-criticism, have the courage to expose and correct the shortcomings and mistakes in their words and deeds and work that violate the party's principles, and resolutely struggle against negative and corrupt phenomena." The fourth part of the "Several Guidelines on the Political Life of the Party in the New Situation", "Strictly Enforce the Party's Political Discipline", clearly requires that the Party's organizations at all levels and all Party members must be loyal and honest to the Party, and truthfully reflect and report the situation to the Party. Article 28 of the "Regulations of the Communist Party of China on the Inspection of Cases by Discipline Inspection Organs" and Article 28 of its Implementing Rules stipulate the obligation of Party members to testify, making it clear that all organizations and individuals who know the circumstances of the case have the obligation to provide evidence, and Party members who refuse to testify or deliberately provide false information shall be given Party disciplinary sanctions in accordance with relevant provisions if the circumstances are serious.

  The provisions of this article are conducive to promoting all Party members to enhance their awareness of Party membership, strengthen their organizational concepts, and promote the work of discipline enforcement and law enforcement. In practice, attention should be paid to the difference between this article and the conduct of adversarial organizational review as provided for in article 63 of the Regulations. If Party members and cadres are not the subject of the review, but are only witnesses with an obligation to testify, and refuse to testify or provide false information without colluding with the subject of the review, it shall be handled in accordance with this article, and cannot be found to be adversarial organizational review, and if they collude with the subject of the review and provide false information, it shall be handled in accordance with the conduct of the joint confrontation organizational review.

  In the practice of discipline enforcement, this type of disciplinary violation is mainly manifested in situations such as the witness having ideological concerns or not truthfully explaining the situation at the request of the subject of the review. Where witnesses have ideological concerns, it is necessary to actively carry out education and guidance, lay out facts and reasoning, and dispel their ideological concerns, and at the same time do a good job of witness protection efforts, and where Party members are suppressed to testify, causing negative consequences, or retaliating against witnesses, they are to be dealt with in accordance with regulations, discipline, and law. On the one hand, efforts should be made to break through the subject of examination and urge them to truthfully confess; on the other hand, it is necessary to criticize and educate witnesses, explain the requirements of discipline, understand the interests and disadvantages, and urge them to truthfully explain the situation. (Liu Yilin)