Regulations on Disciplinary Actions of the Communist Party of China
It was deliberated and approved by the Political Bureau of the CPC Central Committee on December 23, 2003
Promulgated by the Central Committee of the Communist Party of China on December 31, 2003
Revised for the third time at the meeting of the Political Bureau of the CPC Central Committee on December 8, 2023
Released by the Central Committee of the Communist Party of China on December 19, 2023
Part I General Provisions
Chapter II: Violations of Discipline and Disciplinary Sanctions
Article 14: Where Party members and cadres receive Party discipline sanctions and it is necessary to conduct organizational disposition at the same time, the Party organization shall give organizational disposition in accordance with provisions.
Where delegates to Party congresses at any level receive sanctions of Party probation or above, the Party organization shall terminate their qualifications as representatives.
Interpretation
The first paragraph of this article is a new addition to the revision of the "Regulations". According to Article 3 of the Provisions on the Handling of Organizations of the Communist Party of China (for Trial Implementation) promulgated and implemented on March 19, 2021, organizational handling refers to the measures taken by Party organizations to adjust their positions, positions, and ranks against leading cadres who violate rules and disciplines, violate laws and regulations, or are derelict in their duties, responsibilities, and norms, including suspension for inspection, adjustment of positions, orders to resign, dismissal, and demotion.
"Disciplinary action" and "organizational handling" complement each other and do not replace each other. Party discipline sanctions and organizational handling may be dealt with concurrently, so as to better achieve the goal of educating and punishing discipline violators. Where Party discipline sanctions are given to personnel who violate discipline, it may be concurrently recommended that the Party committee or government adopt organizational measures such as removal from office or transfer from their posts; Tissue processing can also be done separately to reflect the balance of leniency and severity. If the circumstances of the violation of discipline are relatively minor, only light punishments within the Party should be given, and there are mitigating or mitigating circumstances, and the purpose of the punishment can be achieved by employing organizational methods alone, and the Party discipline case may no longer be filed. Organizational disposition is not a substitute for disciplinary sanctions, and where Party discipline responsibility should be pursued according to the nature and severity of the disciplinary violation, a Party discipline case should still be filed even if organizational disposition has already been adopted. The reverse is also true, where it is expressly stipulated that an organizational disposition is to be given, it cannot be dismissed as an organizational disposition on the grounds that party discipline sanctions have already been given.
About party representatives. Party representatives are not only honors, but also positions within the party. Party deputies are elected within the party, and the term of office system is implemented, which plays an extremely important role in the political life of the party. During the convening and intersessional period of the Party Congress, Party representatives enjoy the qualifications of deputies, exercise the rights of deputies, and perform the duties of deputies. The implementation of the term of office system for deputies to party congresses at all levels is an important measure to promote the building of intra-party democracy, enhance the party's ability to govern, and maintain the party's advanced nature and purity. In October 2007, the 17th National Congress of the Communist Party of China (CPC) made a major decision to implement the term of office system for Party representatives at all levels, and clearly stipulated in the Party Constitution that "the term of office system shall be implemented for delegates to Party congresses at all levels". In May 2008, the Central Committee of the Communist Party of China (CPC) issued the Interim Regulations on the Term of Office System for Delegates to the National Congress of the Communist Party of China and Local Congresses at All Levels, which stipulates the specific circumstances under which the qualifications of Party delegates may be terminated. The "Regulations" specifically stipulate that the termination of the qualifications of party representatives who have been placed on probation or above is an important measure to strictly punish party discipline and strengthen the awareness of the party constitution, discipline, and rules, and is an inevitable requirement for the implementation of the comprehensive and strict management of the party.
The conditions for terminating the qualifications of Party members who violate discipline as delegates to Party congresses include three situations: First, they should be given Party disciplinary sanctions of Party probation or above; (2) they should be removed from their positions within the Party, but because the sanctions of removal from their positions within the Party involve the removal of their positions as delegates to Party congresses; Third, they should be given a warning or serious warning, but it is necessary to terminate their qualifications as a Party congress delegate after comprehensive consideration of circumstances such as the violation of discipline and the effectiveness of the disposition.
Article 15: Members of the leading bodies of Party organizations that have received reshuffling are to be naturally removed from office, except where they shall receive a sanction of removal from internal Party positions or higher.
Interpretation
Members of the leading body of Party organizations who have been dealt with in a reorganization are to be dealt with in the following situations: First, where members of the leading body of Party organizations should receive a sanction of removal from internal Party positions or higher, they do not need to be removed from office naturally; Second, members of the leading body of Party organizations shall be given warnings or serious warnings, or shall be given a conversation reminder, criticism and education, an order to inspect, admonished, or other such sanctions, and where it is not necessary to give the aforementioned sanctions, they shall be naturally removed from office.
On the consequences of natural dismissal:
First, after the natural dismissal, the positions within the Party of the Party organization and the Party organization to which he belongs will be naturally revoked, and there is no need to make a separate dismissal. However, if a member of the leading body of the Party organization holds an intra-Party position in a higher-level Party organization or a Party organization that is not subordinate to it, it is generally not included in the scope of natural dismissal. For example, after the party group of a provincial development and Reform Commission is reorganized, the aforesaid positions held by members of the party group and the secretary of the party committee of the organ of the provincial development and Reform Commission, as well as the intra-party positions of the party group and the grass-roots party organizations to which it belongs, such as members of the party committee of the organ, will be automatically dismissed, but the positions of alternate members of the provincial party committee and representatives of the provincial party congress are not within the scope of natural dismissal.
Second, after natural dismissal, where the position held outside the Party is closely related to the position of a member of the leading body of the Party organization, it shall normally be recommended that the non-Party organization remove the person from the position outside the Party. For example, after a certain county party committee is reorganized, the deputy secretary of the county party committee and the county magistrate who are the deputy secretaries, standing committee members, and members of the county party committee, as well as the deputies to the county party congress, are naturally dismissed, but the county magistrate should submit a request to the standing committee of the county people's congress to resign from the post in accordance with procedures, or the county people's congress should dismiss him.
Third, after the local party committee is naturally dismissed, the local party committee standing committee members who are the chief officers of the people's armed forces departments of the provincial military districts (garrison districts, garrison districts), military sub-districts (garrison districts), counties, autonomous counties, cities without districts, and municipal districts shall be naturally dismissed from their posts as standing committee members and members of the local party committees after the local party committees are reorganized, and there is no need to make a separate dismissal. The position of chief officer of the people's armed forces department in the municipal district does not fall within the scope of natural dismissal.
Fourth, after a natural dismissal, if any of the members of the leading body of a Party organization that has been reorganized are cadres on temporary duty, the positions within the Party of the Party organization and the Party organization to which they belong will be naturally revoked, and there is no need to make a separate dismissal. However, since the temporary position does not change the personnel relationship between him and the original unit, and there is no causal relationship between the position of the original unit and the reorganization and handling of the Party organization to which the temporary post belongs, the position of the original unit he held does not fall within the scope of natural dismissal.
Fifth, there is no clear provision on whether the natural dismissal is the dismissal in the "Provisions on the Handling of Organizations of the Communist Party of China (Trial)", but judging from the circumstances targeted by the reorganization itself, the natural dismissal is a punishment in nature, and it should be implemented in accordance with the provisions of Article 11 of the "Provisions on the Handling of Organizations of the Communist Party of China (Trial)" on the impact and consequences of dismissal, that is, the implementation standards for the handling of Party members and cadres who are naturally removed are: they must not be assigned to leadership positions within one year, They must not hold leadership positions or be promoted to a higher level than their original position within 2 years; Where they are concurrently subject to Party discipline and government affairs and other sanctions, or organizational dispositions, it is to be implemented in accordance with the provisions on a long period of impact; Where all types of advanced must not be selected in that year, and where only comments are written in the annual evaluation of the current year and the grade is uncertain, and at the same time they are subject to sanctions such as party discipline and government affairs and organizational disposition, the annual evaluation level is to be determined in accordance with the punishment that has a heavier impact on the results of the annual evaluation; Appropriate work tasks can be arranged according to the needs of the work and the person's strengths.
Article 16: Party members in Party organizations that have received dissolution shall be reviewed one by one. Among them, those who meet the requirements for Party membership shall re-register and participate in a new organization to live the life of the Party; where they do not meet the requirements for Party membership, they shall be educated and corrected within a set period of time, and where there is still no change after education, they are to be discouraged or removed from the list; Where there is a violation of discipline, it is to be pursued in accordance with provisions.
Interpretation
On the basis of the Party Constitution and the provisions on the supervision and enforcement of discipline by discipline inspection organs, the discipline inspection commission at the next higher level is to report to the Party committee at the same level for approval and filing of serious violations of Party discipline by the Party organization, or the discipline inspection commission at the next higher level directly decides to file the case after soliciting the opinions of the Party committee at the same level; The filing of a case against a Party organization that violates discipline shall be studied and decided by a meeting of the Standing Committee of the Party Committee or the Discipline Inspection Commission that has the power to file the case. The dissolution shall be decided by the Party committee at the next higher level after ascertaining and verifying the situation, and shall be formally announced for implementation after being submitted to the Party committee at the next higher level for examination and approval.
Party members who have been dissolved and dissolved in Party organizations are mainly dealt with in three situations: first, those who meet the requirements for Party membership are re-registered and participate in a new organization to live the life of the Party; Second, those who do not meet the requirements for Party membership are to be educated and corrected within a set period of time, and those who still have no change after education are to be persuaded to retire or removed from the list; Third, those who have violated discipline shall be investigated in accordance with regulations.
Source: Inner Mongolia Department of Justice
Editor: Zhang Jing
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