Editor's note
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", the comrades of the Laws and Regulations Office of the Central Commission for Discipline Inspection and the State Supervision Commission have made an authoritative interpretation of some of the key provisions of the "Regulations" from the aspects of revision background and understanding and implementation, with a total of 15 interpretations.
Today, I reprint the interpretation of the new or revised key provisions of the "Regulations on Disciplinary Actions of the Communist Party of China" (1), and invite everyone to study and interpret the content one by one.
Regarding not sanctioning and not pursuing party discipline responsibility
Provisions
Article 19: Party members who violate Party discipline shall be given warnings or serious warnings, but in any of the circumstances provided for in article 17 of these Regulations or as otherwise provided in the specific provisions of these Regulations, they may be given criticism and education, ordered to inspect, admonished, or organized disposition, and Party discipline sanctions may be waived. A written conclusion shall be made on the waiver of sanctions for Party members who violate discipline.
Where Party members have signs or tendencies in work style and discipline, or where violations of Party discipline are minor, they may be given reminders to talk, criticized and educated, ordered to inspect, and so forth, or admonished, and Party discipline sanctions are not to be given.
Although the behavior of Party members causes losses or consequences, but is not caused by intention or negligence, but is caused by force majeure and other reasons, Party discipline responsibility is not to be pursued.
Interpretation
The 20th National Congress of the Communist Party of China emphasized that we should adhere to the combination of strict management and benevolence, strengthen all-round management and regular supervision of cadres, implement the "three distinctions", and encourage cadres to dare to take responsibility and act actively. Judging from the investigation, a difficulty in the implementation of the "three distinctions" lies in how to distinguish whether the behavior of party members and cadres causes consequences or losses, and how to distinguish between "unintentional" or "intentional", so as to promote the party organizations and party members and leading cadres to dare to use and use the fault-tolerant and error-correcting mechanism, and accurately achieve the responsibility for the person in charge, the person in charge, and the support for the officer, so as to eliminate the worries of the majority of party members and cadres to devote themselves to entrepreneurship, reform and innovation, and promote development. The revision of the "Regulations" adheres to the unity of seeking truth from facts and subjectivity and objectivity, emphasizes that violations of discipline need to have both objective violations and subjective responsibility, and clarifies the basic rule that party discipline responsibility will not be pursued for acts that are not intentional or negligent. To this end, the third paragraph of Article 19 is added, which stipulates that "if the behavior of Party members causes losses or consequences, but is not intentional or negligent, but is caused by force majeure or other reasons, Party discipline responsibility shall not be pursued". The purpose of such a provision is to comprehensively and accurately grasp the subjective and objective elements of the behavior of Party members and cadres, and to distinguish between acts carried out on the basis of force majeure, unforeseeability, emergency avoidance, and other reasons, and the wrongful acts carried out out intentionally or negligently, so as to prevent and correct the problem of arbitrary action without examining the specific reasons, and to avoid dampening the enthusiasm of Party members and cadres due to purely objective attribution, which leads to the phenomenon of passively "avoiding responsibility", looking ahead and looking backwards, and being timid.
At the same time, the second paragraph of Article 19 is newly added, which clarifies the circumstances under which sanctions will not be given, stipulating that "if a Party member has a symptomatic or tendentious problem in work style and discipline, or if the violation of Party discipline is minor, he may be given a reminder to talk, criticize and educate, or be ordered to inspect, or be admonished, and shall not be punished by Party discipline." The addition of this content echoes the revision of Article 5 of the "Regulations" on deepening the use of the "four forms" of supervision and discipline, and further strengthens the handling method of the first form, which not only reflects the responsibility at every turn, bites the ears and sleeves in a timely manner, and sweats with a red face, but also insists on the adaptation of mistakes, responsibilities, and punishments, so as to prevent the emergence of two wrong tendencies of ineffective accountability or abuse of punishment.
On the whole, through this revision and improvement, Article 19 of the "Regulations" is divided into three paragraphs, which stipulates that punishment shall be waived, no punishment shall be given, and party discipline responsibility shall not be pursued, and on the whole a systematic norm has been formed for the corresponding punishment of different situations such as general discipline violations, minor discipline violations, and non-discipline violations. This provides a legal basis for accurately determining the nature of behavior and implementing differential treatment, and lays a basic system for party discipline punishment for the accurate implementation of the "three distinctions", which is conducive to the unity of strict management and supervision and encouragement of responsibility, and the combination of punishment and education, so as to better stimulate the enthusiasm, initiative and creativity of the majority of party members and cadres, and create a good environment for officials to start a business.
Source: China Discipline Inspection and Supervision Magazine
Editor: Huang Keshu
First Trial: Jiang Hao
Reviewer: Gu Yan
Final review: Yang Hong
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