Discipline is the "precept ruler" for governing the party, and the law is an important tool for governing the country. Party discipline and state law are the basic basis for governing the party and the country, and in essence, they have the same goals, the same functions, and complementary advantages. General Secretary Xi Jinping pointed out that it is necessary to adhere to the organic unity of governing the country according to law and governing the party according to regulations, emphasizing "paying attention to the convergence and coordination of internal party regulations and national laws".
The newly revised "Regulations on Disciplinary Sanctions of the Communist Party of China" (hereinafter referred to as the "Regulations") insist on putting discipline in the forefront, penetrating rules and regulations, and connecting discipline and law crimes, adding the requirement of "discipline and law enforcement" to the fourth principle of disciplinary punishment, and promoting the comprehensive use of various punishment measures provided for by Party discipline and national law by improving the provisions of discipline and law, promoting the matching of Party discipline and government affairs, and enriching relevant content by drawing on the relevant provisions of national laws, so as to achieve precise enforcement of discipline and coordination of discipline and law. Party organizations at all levels should take the study and education of party discipline as an opportunity to conscientiously study and implement the "Regulations", deeply understand and grasp the essence of the main purpose and practical requirements, so as to be fully familiar with and master, accurately standardize the use, promote the implementation of discipline and law enforcement, form a joint force of discipline and law, and constantly promote the comprehensive and strict governance of the party to develop in depth.
Improve the provisions on the connection between discipline and law, and further clarify the scope of illegal conduct that should be subject to Party disciplinary sanctions
The nature and purpose of the Party determine that Party discipline is bound to be stricter than that of state law. General Secretary Xi Jinping stressed that the party constitution and other party rules have higher requirements for party members than laws, and party members must not only strictly abide by laws and regulations, but also strictly abide by the party constitution and other party rules, and put forward higher requirements for themselves. As the basic regulations regulating the behavior of Party organizations and Party members, the "Regulations" not only adhere to the separation of discipline and law, discipline is stricter than the law, and discipline is before the law, but also emphasizes the integration of discipline and law and the convergence of discipline and law. When the "Regulations" were revised in 2015, in accordance with the principle of discipline before the law and separation of discipline and law, a large number of articles that overlapped with national laws were deleted, and the party's discipline characteristics were more distinct, forming a "six disciplines" system, which was determined by the party constitution of the 19th National Congress of the Communist Party of China and has continued to this day. At the same time, in order to solve the problem of Party discipline sanctions for Party members who have committed illegal and criminal acts, a special chapter on "Disciplinary Punishment of Party Members Who Violate the Law and Commit Crimes" has been set up in the General Provisions, and a clause on the connection between discipline and law has been added, so as to achieve an effective convergence between Party discipline and state law.
The revision of the "Regulations" further improves the provisions on the connection between discipline and law, clarifies the scope of illegal acts that should be punished by Party discipline, and refines the provisions in three paragraphs in Article 30.
In view of the illegal acts that are frequent and prone to occur in practice, the first paragraph of Article 30 of the "Regulations" substantially stipulates that if a Party member commits other illegal acts such as "undermining the order of the socialist market economy or violating the administration of public security", harming the interests of the Party, the state and the people, he shall be punished according to the specific circumstances. At the same time, the "Regulations" add a new paragraph 2 in Article 30 to implement the requirements of the Party Central Committee for strict financial and economic discipline, highlight the punishment of violations of financial and economic discipline, and on the basis of adhering to the principle of separating discipline from law and the style of the "six disciplines", stipulate the party discipline punishment for violations of state financial and economic discipline, and clearly impose party disciplinary sanctions on "those who violate state financial and economic discipline and have illegal acts in financial and economic activities such as public fund revenue and expenditure, tax management, state-owned asset management, government procurement management, financial management, and financial accounting management". In practice, how to give party disciplinary sanctions to party members who have illegal acts such as pornography and drugs has attracted considerable attention, and the "Regulations" have previously had relevant provisions on this. In this amendment, a new paragraph 3 is added to Article 30, which further clarifies that "Party members who have committed acts that have lost the conditions for Party membership, such as soliciting prostitution or ingesting or injecting drugs, and seriously tarnishing the Party's image, shall be expelled from the Party", sending a strong signal that such illegal acts will not be severely punished.
On the basis of summarizing practical experience, the "Regulations" keep pace with the times, revise and improve the provisions on the convergence of discipline and law, and clarify the direction for further realizing the orderly connection between discipline enforcement and law enforcement, and the organic integration of applicable discipline and applicable law.
Match sanctions such as Party discipline and government affairs, and promote the organic integration of applicable discipline and applicable law
"Party members who violate the law and commit crimes shall be given Party discipline sanctions in accordance with provisions, so that the application of discipline and the application of law are organically integrated, and Party discipline and government affairs are commensurate." Article 28 is added to Chapter 4 of the "Regulations" entitled "Disciplinary Punishment of Party Members Who Violate the Law and Commit Crimes", which governs the provisions of the chapter as the overall requirement of the chapter. This is the first time in the central party's internal regulations that there are clear provisions on the matching of party discipline and government affairs.
Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at the core has made major decisions and arrangements for deepening the reform of the national supervision system, and on the basis of full coverage of intra-Party supervision, it has achieved full coverage of the supervision of public employees, established and improved the mechanism of parallel legal sanctions such as Party discipline sanctions and government sanctions, and strengthened the full coverage and effectiveness of power supervision.
Discipline inspection and supervision organs perform the two duties of discipline inspection and state supervision in an integrated manner, carrying out supervision and enforcement of discipline in accordance with party discipline and supervising and enforcing law in accordance with national laws, and investigating the problems of party members' violations of discipline and investigating violations and crimes committed by public employees. This requires organic integration in the disposal procedures and matching the punishment grades, so as to realize the integration of discipline and law enforcement, and give full play to the synergistic effect of party discipline and national law.
Article 11 of the "Regulations" clearly states that for Party members who have been removed from internal Party positions and hold positions in non-Party organizations at the same time, it shall be recommended that the non-Party organization remove them from their non-Party positions; Article 35: Where Party members receive a sanction of removal from office or higher in accordance with law, they shall be given a sanction of removal from internal Party positions or higher in accordance with the provisions of these Regulations; Article 41 stipulates that where Party members and cadres who hold ranks or separate job sequences are punished for violating Party discipline and need to adjust their rank or separate job sequence levels, they are to be implemented with reference to the provisions of these Regulations on positions outside the Party. At the same time, the "Regulations" are organically connected with the provisions on organizational handling and other systems, such as the first paragraph of the new article 14 that clearly states that if Party members and cadres are subject to Party discipline sanctions and need to be dealt with by the organization at the same time, the Party organization shall give organizational treatment in accordance with the provisions.
The "Regulations" are based on the actual work of discipline enforcement and law enforcement, effectively connect with national laws and regulations such as the Law on Governmental Sanctions for Public Employees, and coordinate with intra-Party regulations such as the Provisions on Organization and Handling, and further tighten the system and standardize, so that the review of discipline and investigation in accordance with the law are promoted in an integrated manner, and the Party discipline sanctions and government sanctions are accurately and orderly connected, so as to achieve precise discipline enforcement and discipline and law coordination.
Promote the internal party laws and regulations and national laws and regulations to complement each other, promote each other, and guarantee each other
The law is a requirement for all citizens, and the internal party laws and regulations are a requirement for all party members. General Secretary Xi Jinping stressed that "we must adhere to the rule of law, the rule of the system of the party, and the rule of the party in accordance with the rules and regulations to promote and integrate construction", "we must strive to form a pattern in which national laws and regulations and intra-party laws and regulations complement each other, promote each other, and guarantee each other".
The integration of discipline and law and the convergence of discipline and law are not only the integration of goals, tasks, and the application of measures, but also the mutual integration of discipline and law concepts and the common observance of the concept of rule of law. The "Regulations" fully draw on the concept of the rule of law and relevant legal principles and determination rules that absorb national laws and regulations, enrich the circumstances of mitigating and mitigating sanctions, add mitigating or commuting punishments where there are circumstances of restitution of disciplinary gains, and improve the rules for calculating the impact period of Party discipline sanctions, the criteria for determining the amount of joint disciplinary violations, and the rules for calculating economic losses.
Where the Party member under review receives a Party discipline sanction during the period of influence of Party discipline sanctions, how to calculate the period of impact of the sanction is a problem often encountered in the practice of disciplinary review. In this regard, Article 21 of the "Regulations" clarifies the rules for calculating the impact period of Party discipline sanctions, and if a Party member is subject to a Party discipline sanction during the period of influence of a Party discipline sanction, the impact period shall be the sum of the impact period of the original sanction that has not yet been implemented and the impact period of the new sanction.
At the same time, the revised "Regulations" draw on the Criminal Law's rules on determining the amount of crimes committed by each actor in a joint crime, and change the punishment of those who jointly violate discipline in the economic field from "the amount of personal income and the role it plays" to "the amount of individual participation and the role it plays". In addition, Article 42 of the "Regulations" further improves the standard for calculating economic losses, clarifying that "the calculation of economic losses shall be calculated for all property losses actually caused at the time of filing the case, including all expenses and expenses paid to recover the losses caused by the violation of discipline." Economic losses that continue to occur after the case is filed and before it is handled shall be counted together."
The "Regulations" draw on the rules of criminal law to improve the relevant provisions, so that the integration of discipline and law is smoother, and the enforcement of discipline and law is more accurate and effective, which is conducive to further enhancing the effectiveness of supervision and enforcement of discipline and law, and better promoting the integration of the application of discipline and the application of law.
The newly revised "Regulations" have improved the rules for the use of disciplinary sanctions, strengthened the connection between discipline and law, enriched the circumstances of disciplinary violations, and refined the punishment provisions, which are the basic yardsticks for Party organizations to implement and maintain discipline. Party organizations at all levels should strictly grasp the construction of discipline, promote the majority of Party members and cadres to engrave compliance with rules and discipline in their hearts, internalize it as a code of words and deeds, further strengthen the sense of discipline, strengthen self-restraint, improve immunity, and always be loyal, clean and responsible. (Website of the Central Commission for Discipline Inspection and the State Supervision Commission, Fang Yifei)
Source: The website of the Central Commission for Discipline Inspection and the State Supervision Commission
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