Supplementary Opinions on Further Implementing the Minutes of the Enlarged Meeting of the Central Policy Implementation Group
Organization Department of the CPC Central Committee
United Front Work Department of the CPC Central Committee
Ministry of Labor and Personnel
treasury
Ministry of Urban-Rural Construction and Environmental Protection
(Forwarded by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council on February 22, 1986)
Secretariat of the CPC Central Committee and the State Council:
Since the Third Plenary Session of the 11 th CPC Central Committee, under the leadership of the CPC Central Committee and party committees and governments at all levels, all departments and localities have done a great deal of work and achieved great results in implementing policies and resolving problems left over from history, which have had a very good impact at home and abroad. On August 23, 1984, after the issuance of the "Minutes of the Enlarged Meeting of the Central Policy Implementation Group" (Document No. 32 [1984] issued by the Central Committee of the People's Republic of China), there was more progress and remarkable results. However, in all respects, there are many remaining problems to varying degrees, especially in the removal of gold, silver, and other property confiscated during the "Cultural Revolution" and the return of confiscated and seized private property. Before the convening of the 13 th National Congress of the Communist Party of China, we must basically complete the implementation of the policy and solve the problems left over from history.
In accordance with the decision of the enlarged meeting of the Central Policy Implementation Group on October 26, 1985, the Organization Department of the CPC Central Committee and the United Front Work Department of the CPC Central Committee, together with the Ministry of Labor and Personnel, the Ministry of Finance, the Ministry of Urban-Rural Construction and Environmental Protection, and other units, conducted a study on how to further implement the Minutes of the Enlarged Meeting of the Central Policy Implementation Group. They unanimously held that it is necessary to seek truth from facts and correct the historical problems that were erroneously handled under the guidance of "leftist" ideology before and during the "Cultural Revolution." Those who have been wrongly dealt with must be completely rehabilitated politically, appropriately compensated financially, used rationally in their work, and properly resettled in their lives. The specific comments are as follows:
(1) Efforts to redress unjust, false, or wrongly decided cases should be cleaned up once in an effort to properly resolve any remaining issues.
For cases that have not been reviewed due to omissions and are being reviewed but no conclusion has yet been reached, it is necessary to get a good grasp of the review and make a correct conclusion. For those who have been transferred, the original unit should take the initiative to be responsible for the review, and if the problem is found in the unit where I am now, I should actively contact the original unit to solve it. If the original unit has been revoked, the unit to which the person belongs or the superior organization of the original unit shall make a conclusion. In accordance with the "Report and > on Forwarding the Opinions of the < of the Three Party Groups of the Public Security, Procuratorate, and Judicial Party Groups on Further Re-examining and Rehabilitating Unjust, False, and Wrongly Decided Cases Handled by the Political and Legal Departments" of the General Office of the CPC Central Committee on 25 January 1983, the political and legal departments should organize forces to deal with them as soon as possible.
For cases that have already been reviewed and rehabilitated, if there are any untruths in the conclusion, they should be resolutely removed; The dossier should be carefully cleaned up in accordance with the relevant regulations of the central government, and the person should be notified; Where public security or security departments file or investigate cases, if there are any of the above problems, they must also deal with them accordingly.
For those who have already been re-examined and rehabilitated, it is necessary to conscientiously do a good job of eliminating the impact and dealing with the aftermath. According to their specific situation, their work or life should be properly arranged. For those who cannot give full play to their professional strengths, they should take the initiative to adjust and give full play to their strengths; If there is no suitable position in the unit or region, it should be reported to the superior for consideration; I ask for adjustment, but if the work is really inseparable, we must do a good job in ideological work; For figures who have a certain degree of representation in society or academic circles, they can also be recommended to the people's congresses at all levels, the CPPCC, the counsellors' offices, the museums of culture and history, or relevant organizations (such as professional academic groups) and make appropriate arrangements; Those who previously did not have a work unit and have lost their ability to work and have no children to support shall be given living allowance or relief by the civil affairs department in accordance with relevant provisions.
For those who have been separated due to the wrong handling of the husband and wife, or who have married during the period of the wrong handling, and one of the spouses has been rehabilitated and returned to the town, and the spouse is not limited by the household registration index or the person's position, educational background, etc., the problem of separation or urban settlement shall be resolved as soon as possible, and the minor children shall also move with them. If there are no children to take care of in urban areas, and all of their children are adults, the urban household registration of one adult child (including the spouse and minor children of the adult child) shall be settled.
During the Cultural Revolution, wages withheld due to unjust, false, or wrongful convictions (including the wages of those who were already employed due to wrongful convictions) must be repaid in full. If it is difficult to reissue it once, it can be reissued in installments on the basis of evidence.
For those who have been wrongly classified as rightists or who have been wrongly dealt with before the "Cultural Revolution" and who have real difficulties in living after being rehabilitated and corrected, their current units will give them appropriate subsidies. If the original wage level has been restored after rehabilitation, but it is obviously on the low side, the localities and units should give due consideration to the reform of the wage system and the gradual straightening out of wage relations. Where a small number of people have made outstanding contributions, their salaries and benefits shall be determined in accordance with their contributions and actual level.
Graduates of institutions of higher learning who were inappropriately downsized back to the rural areas during the three-year difficult period should be retracted in accordance with the spirit of the provisions of the "Several Regulations on Handling the Problem of Graduates of Institutions of Higher Education in the Work of Streamlining" issued by the CPC Central Committee and the State Council on 10 August 1962 and the "Report on the Liquidation and Recovery of Cadres Retired from Colleges and Universities Dismissed in the Work of Streamlining" approved and forwarded by the State Council on 8 October 1963 to the Ministry of Internal Affairs.
(2) The work of removing the confiscated property during the "Cultural Revolution" is to be carried out by the original unit of the person being copied, and the unit to which the person being copied is now responsible for implementation.
If the gold, silver, and products confiscated during the "Cultural Revolution" have already been handed over to the state treasury, the original items will no longer be returned, and the price will be paid in renminbi; If it has not been handed over to the state treasury, the original is still there, and the original owner asks for it, the original should be returned, and some rare gold and silver ancient coins can be treated as cultural relics, although they have been handed over to the state treasury, if the original is still there, it should also be returned to the restored property.
The discounted amount of gold, silver and the articles thereof shall be valued at the rate at which they were returned to their original owners. In the past, if the original owner requested to make up the difference, the difference should be made up according to the price at the time of the return in the past. The funds required to make up the difference shall be the responsibility of the implementing policy unit. If the amount is too large and the unit cannot afford it, it can be subsidized by the finance department at the same level.
Other property confiscated during the "Cultural Revolution" that has already been sold for sale is generally not to be re-disposed of. However, for some valuables, even if the sale price has been paid, if the original item is still there, the original owner shall return it to the original owner and recover the sale price; Where the unit or original owner submits that there are clues that can be checked, they shall trace and trace them, and try to return the items to the original owner; If some of the original items cannot be recovered, they should be appropriately compensated in accordance with the provisions of Article 1 of the "Circular of the General Office of the CPC Central Committee on Forwarding the >Opinions of the United Front Work Department of the CPC Central Committee and the Party Group < of the National Committee of the Chinese People's Political Consultative Conference on Properly Handling the Problems Left Behind by the Confiscation of Property in the "Cultural Revolution" dated July 16, 1984, and may also be returned with similar items claimed by the owner at a later stage.
(3) Private houses confiscated or occupied during the "Cultural Revolution" shall be confirmed by the ownership of the original owners, and the units and residents who currently occupy them shall be responsible for returning them. If it has been assigned to others to live by the local housing management department or unit, the sub-housing unit shall be responsible for contacting the unit to which the occupant belongs in accordance with the relevant policies and regulations, and move out the current tenant and return it to the original owner, or after consultation and agreement, purchase it at a price or use other houses to vacate it. If it cannot be vacated for a while, the owner shall first establish a certificate, and it should generally be returned before the end of 1987. If the landlord agrees to rent, the landlord and the tenant can also negotiate the amount of rent, and the part exceeding the current rent will be subsidized by the resident's unit. (The problems in the socialist transformation of private rental housing and the issue of escrow housing shall be studied by the relevant departments and shall be separately stipulated.) ）
Those who forcibly occupied private houses during the "Cultural Revolution" and refused to relocate, or insisted on unreasonable demands during consultations, should be dealt with seriously.
The houses occupied by the democratic parties and the Federation of Industry and Commerce should be cleared as soon as possible, and all of them must be completed before the end of 1986.
To implement the urban private housing policy, we should still adhere to the principle of "whoever occupies it will return it", and let each unit solve it by itself. If it is really unable to solve the problem, it can be subsidized by the finance department at the same level.
(4) The central government and the State Council have decided to open up the temples and temples that are to be handed over to Buddhist and Taoist organizations and monks and Taoists for management, and must be implemented quickly.
(5) Issues concerning the implementation of policies by non-Party democrats, senior intellectuals, overseas Chinese, returned overseas Chinese, overseas Chinese dependents, Taiwan compatriots, and Taiwan dependents should be resolved on a priority basis in accordance with the relevant policy provisions.
(6) In accordance with the requirements of the enlarged meeting of the Central Committee for Policy Implementation in July 1984, while resolving problems left over from history, cases handled since the Third Plenary Session of the 11 th CPC Central Committee, including those handled in the course of cracking down on economic crimes and criminal offenses, should be reviewed if they have filed a complaint, and if they have really made a mistake, they should be corrected. Cases that are handled as economic crimes due to receiving remuneration for part-time teaching, providing technical services and consulting, and other activities, regardless of whether or not there is an appeal, should be reviewed by the unit to which the person belongs and the public security and judicial departments should take the initiative to review and handle it in accordance with the spirit of Articles 3 and 9 of the "Decision of the CPC Central Committee on the Reform of the S&T System."
(7) Implementing policies and solving problems left over from history is a very complex task that must be carried out seriously and prudently. For those who have indeed been clarified and comply with the provisions of the policy; It must be resolutely implemented; For those that are really difficult to do, we must be patient and do a good job of ideological work; Those who persist in making unreasonable demands or take the opportunity to fraudulently obtain money and the circumstances are heinous, should be severely dealt with.
If there is nothing wrong with the above opinions, it is recommended that they be forwarded to all localities and departments for implementation.
Rule of Law in China Series · Criminal Law 363: Supplementary Opinions on Further Implementing the Minutes of the Enlarged Meeting of the Central Implementation Policy Group