The "Regulations on Disciplinary Punishments of the Communist Party of China (Trial)" (hereinafter referred to as the "Trial Regulations") since then1997Year2After its release and implementation in March, it has played an important role in enforcing party discipline, purifying the party's organization, and punishing corruption. With the development of the political and economic situation, new situations and new problems continue to emerge. Timely revision of the original "Trial Regulations" has become an objective need for the in-depth development of party style and clean government and anti-corruption work in the new era.
from2001Year12At the beginning of March, the Central Commission for Discipline Inspection established a revision team, formulated a revision work plan, and conducted surveys in some provinces, autonomous regions, and municipalities directly under the Central Government.2002Year3In August, the important issues involved in the revision will be entrusted to the Beijing Municipal Commission for Discipline Inspection, the Discipline Inspection Team of the Ministry of Finance, etc.15units conduct research. Based on the investigation results of the Central Commission for Discipline Inspection and the revision suggestions of the entrusting unit, a revised first draft of the "Regulations on Party Discipline Punishment" was drafted, and a seminar attended by some leading comrades of the provincial (municipal) Commission for Discipline Inspection and responsible comrades from the Criminal Law Office of the Legal Affairs Committee of the National People's Congress, the Research Office of the Supreme People's Court, and the Occupational Crime Prevention Department of the Supreme People's Procuratorate were held to discuss and revise it.
After the 16th National Congress of the Communist Party of China, in accordance with Comrade Wu Guanzheng’s request in the work report of the Second Plenary Session of the Central Commission for Discipline Inspection to “begin revising the Regulations on Disciplinary Punishments of the Communist Party of China (Trial)”, the revision work was further intensified.2003Year4month10The "Draft for Solicitation of Comments" was revised and sent to the Discipline Inspection Commissions of all provinces, autonomous regions, and municipalities directly under the Central Government, the Discipline Inspection Teams (Discipline Inspection Commissions) of all ministries and commissions of central and state agencies, the Discipline Inspection Teams dispatched by the Central Commission for Discipline Inspection, the Commission for Discipline Inspection of Central Agencies directly under the Central Government, the Commission for Discipline Inspection of Central State Agencies, the Discipline Inspection Commission of the Military Commission, as well as the Central Commission for Discipline Inspection and departments and offices of the Ministry of Supervision to solicit opinions. Based on everyone's opinions, the revision was sent to some experts and scholars in party building, law, logic, etc. for comments. A symposium was held again with the participation of relevant responsible comrades from the discipline inspection and supervision and political and legal departments to deliberate on the chapter by chapter, forming a "draft for review", which was then sent to the Standing Committee of the Central Commission for Discipline Inspection and the Ministry of Supervision, vice ministers, and relevant leading comrades from the Organization Department of the Central Committee, the General Office of the Central Committee, the Policy Research Office of the Central Committee, and the Party w88 casino of the Central Committee for review. After further modifications based on the opinions of leading comrades, it was finally concluded2003Year9month11On the same day, Comrade Wu Guanzheng presided over a meeting of the Standing Committee of the Central Commission for Discipline Inspection to discuss and adopt this "draft for review" in principle, and requested that it be submitted to the Central Party Building Leading Group for review after revision.2003Year10month1013478_135252003Year12month414648_147292003Year12month915852_159072003Year12month2317031_170732003Year12month3118197_18223
The guiding ideology of this revision of the "Regulations on Party Discipline Punishment" is to be guided by Deng Xiaoping Theory and the important thought of "Three Represents", based on the Party Constitution, the Constitution, and the law, closely focusing on development, the party's top priority in governing and rejuvenating the country, and combining the construction of a clean government and anti-corruption in the new era In actual work, we follow the principle of "implementation, reform, abolition and establishment" to enrich and improve the party's basic laws and regulations on discipline and disciplinary punishment, further promote the in-depth development of anti-corruption work, continuously improve the party's ability to govern and resist corruption and prevent degeneration, and realize, maintain and develop the fundamental interests of the overwhelming majority of the people. Regarding the framework design of the "Regulations on Party Discipline Punishment". The "Party Disciplinary Punishment Regulations" retain the "General Provisions", "Special Provisions" and "Supplementary Provisions" of the original "Trial Regulations"3The overall framework compiled by the original "Trial Regulations"13Chapter revised to15Chapter and By-Laws. The original "Trial Regulations" total172Articles; "Regulations on Party Discipline Sanctions" in total178Articles. Among them, the relevant provisions of the original "Trial Regulations" are retained38Article; modified and adjusted the relevant provisions to form96Articles; the relevant provisions of the original "Trial Regulations" are no longer included7Articles; added to adapt to new situations44Articles.
About the content design of the "Regulations on Party Discipline Punishment". In the "General Provisions", Chapters 1 and 2 of the original "Trial Regulations" were merged into Chapter 1 of the "Regulations on Party Discipline Punishment", namely "Guiding Ideology, Principles and Scope of Application"; a new Chapter 5, namely "Other Provisions", was added. "Behaviors that violate the provisions of integrity and self-discipline", "acts of corruption and bribery", "behaviors that undermine the socialist economic order" and "behaviors that violate financial disciplines" are added to the "Special Provisions" as Chapters 8, 9, 10 and 11. At the same time, Chapter 9 "Economic Errors" of the original "Trial Regulations" was decomposed, and its contents were classified into relevant chapters. This revision reflects advancement with the times and institutional innovation.
First, attention is paid to the relationship between inheritance and innovation. The "Party Discipline Punishment Regulations" retain the provisions in the original "Trial Regulations" that should continue to be implemented, adjust, enrich, improve and refine some of the provisions, no longer include some provisions that do not meet the current needs, and add some new provisions in light of new situations. For example, in view of the fact that my country's current laws and regulations on securities trading management have gradually been improved and perfected, and the "Several Provisions on the Personal Securities Investment Behavior of Party and Government Organization Staff" issued by the General Office of the Central Committee has limitedly relaxed the prohibition on the purchase and sale of stocks by party and government staff, and under certain conditions, individual party and government staff are allowed to invest in the securities market, buy and sell stocks and securities investment funds in accordance with the law. Therefore, the "Party Discipline Punishment Regulations" have strict regulations on Article of the original "Trial Regulations"91Provisions on party disciplinary sanctions for buying and selling stocks in violation of integrity and self-discipline regulations are no longer included. Another example is that in recent years, the problem of some social intermediary organizations issuing false evaluations, false credit certificates, false authentication and other documents has become more prominent. Therefore, Article of the "Regulations on Party Discipline Sanctions"110Article 24607_24682| Article stipulates party discipline sanctions for party members of social intermediary organizations engaged in asset evaluation, capital verification (certification), accounting, auditing, legal services, etc. who issue false assessments, false credit certificates, false authentication and other documents.
The second is to pay attention to the relationship between strict party governance and practical feasibility. The "Regulations on Party Discipline Punishment" adhere to the principle of seeking truth from facts, balancing leniency with severity, and strive to be appropriately lenient and moderately strict, making the regulations more realistic and feasible. In order to further implement the spirit of strict governance of the party, if a party member is sentenced to the main punishment stipulated in the criminal law for intentional crimes, Article of the "Regulations on Party Discipline Punishment"30Article 25627_25960| Article 25627_25960| Article 25627_25960| Those who are subject to criminal detention should generally be expelled from the Party. For individuals who do not need to be expelled from the Party, they should apply to the next higher-level party organization for approval according to the provisions on the authority to approve the punishment of party members. "The "Regulations on Party Discipline" only stipulates that disciplinary violations of one level are expulsion from the Party, and the rules for mitigating punishments do not apply. These regulations are more stringent than the original "Trial Regulations". Another example is that in view of the fact that the country is currently studying and adjusting the relevant policies on reeducation through labor, in order to keep in line with the spirit of national laws and regulations, the "Party Discipline Regulations" stipulate that "those who are subjected to reeducation through labor in accordance with the law shall be given the sanction of expulsion from the Party, except where otherwise provided by the Central Committee of the Communist Party of China and the Central Commission for Discipline Inspection." This provision is more realistic than the original "Trial Regulations" stipulated that "those who are subjected to reeducation through labor in accordance with the law shall be expelled from the Party."
The third is to pay attention to the relationship between maintaining the spirit of the country's rule of law and maintaining the characteristics of intra-party laws and regulations. The "Regulations on Party Disciplinary Punishments" insist on safeguarding the spirit of the country's rule of law, and pay attention to maintaining connection with the principles of national laws and regulations in setting up relevant provisions. At the same time, attention is paid to making them have the characteristics of intra-party regulations, so that they meet the needs of strictly governing the party and strengthening party building. For example, the "Regulations on Party Disciplinary Punishments", while keeping in line with national laws on the crime of "misappropriation of public funds," stipulates that party members who misappropriate public funds for personal use for less than three months but the amount is relatively large shall be subject to party disciplinary sanctions in accordance with the act of misappropriation of public funds.
The fourth is to focus on strengthening the coordination and cooperation of various functional departments in the construction of party style and clean government and anti-corruption work to improve the efficiency of case handling. The "Regulations on Party Discipline Punishment" stipulate that for cases that are first investigated and handled by relevant functional departments, the party organization may, based on the relevant handling decisions and the facts, nature and circumstances determined, take corresponding party disciplinary punishment against party members who violate national laws and regulations, so as to effectively respect the effective rulings or decisions made by judicial organs, administrative law enforcement agencies and other relevant parties in accordance with the law. Article of the Regulations on Party Discipline Punishment33Article 27603_27857| Article 27603_27857| Article 27603_27857| The identified facts, nature, and circumstances shall be subject to party discipline sanctions or organizational sanctions in accordance with the provisions of these Regulations after verification. If a party member violates national laws, regulations, rules and regulations of enterprises, institutions, or other social organizations and is subject to other disciplinary sanctions, and shall be held accountable for party discipline, the party organization shall, after verifying the facts, nature, and circumstances identified by the relevant parties, impose party discipline sanctions or organizational sanctions in accordance with the provisions of these regulations.”
The fifth is to strictly standardize the implementation procedures of party disciplinary sanctions decisions, effectively solve the problem of non-implementation or difficulty in implementing party disciplinary sanctions decisions in some places or departments, and effectively maintain the seriousness of party disciplinary sanctions decisions. The "Party Discipline Sanctions Regulations" have specific provisions on the time limit, method and relevant procedures that should be completed for the implementation of party disciplinary sanctions decisions, as well as how to hold accountable those who do not implement party disciplinary sanctions decisions in accordance with regulations.
Sixth, in order to ensure the unity of party discipline and regulate the relationship between the "Regulations on Party Discipline Punishment" and other intra-party regulations involving provisions on party disciplinary sanctions, it is clearly stipulated that the general principles of the "Regulations on Party Discipline Punishment" shall apply to other intra-party regulations with provisions on party disciplinary sanctions, except for special provisions in other intra-party regulations issued or approved by the Central Committee of the Communist Party of China.
Seventh, the "Regulations on Party Discipline Punishment" stipulates that the party committees of each province, autonomous region, municipality directly under the Central Government and relevant departments shall formulate individual implementation regulations based on the actual situation of the region, department or system. According to the Central Committee of the Communist Party of China1990Year7month3130671_3091617731289_31359
In order to ensure the seriousness and authority of the provisions on party discipline and punishment, in accordance with the provisions of the "Interim Regulations on the Procedure for Formulation of Intra-Party Regulations of the Communist Party of China", the Party Discipline Punishment Commission drafted by the Discipline Inspection Commission of each province, autonomous region, municipality directly under the Central Government and relevant departments Individual implementation regulations in this regard shall be reported to the Party Committee of each province, autonomous region, municipality directly under the Central Government and relevant departments for review and approval and then issued in the name of the Party Committee, or after approval by the Party Committee of the province, autonomous region, municipality directly under the Central Government and relevant departments, they shall be issued in the name of the Discipline Inspection Commission of the province, autonomous region, municipality directly under the Central Government or relevant department. The party committees of various provinces, autonomous regions, municipalities directly under the Central Government or relevant departments have formulated and issued these individual implementation regulations on party discipline penalties in light of local realities, which has enhanced the operability of party discipline and is of great positive significance in ensuring the implementation of the policies and regulations of the Central Committee and the Central Commission for Discipline Inspection. With the promulgation and implementation of the "Regulations on Party Discipline Punishment", in order to ensure the standardization and unification of policies and regulations on party discipline and disciplinary sanctions, all provinces, autonomous regions, municipalities and relevant departments should promptly review the regulations on party discipline sanctions previously formulated by their respective regions and departments, revise where necessary, and abolish where necessary, so as to avoid conflicts with the "Regulations on Party Discipline Punishment" and effectively maintain the seriousness of intra-party regulations. In the future, individual implementation regulations formulated by provinces, autonomous regions, municipalities directly under the Central Government or relevant departments that are compatible with the "Regulations on Party Discipline Sanctions" shall be submitted to the Central Commission for Discipline Inspection for filing in a timely manner.
The eighth is to deal with the disciplinary violations of party members before the implementation of the "Party Disciplinary Punishment Regulations", which stipulates the "principle of giving both the old and the lenient".1997Year3The "Criminal Law of the People's Republic of China" released in March12Article 33894_33983| adopts the "principle of retrospection and lenience" for the retroactive provisions. In order to be consistent with this basic spirit of national law, the "Party Discipline Punishment Regulations" draw lessons from Article 1 of the "Criminal Law of the People's Republic of China" for the treatment of party members' disciplinary violations before the implementation of the "Party Discipline Punishment Regulations".12Article 34355_34372|178Article 34745_34907| stipulates: "Before the promulgation of these Regulations, if a closed case needs to be reviewed and reconsidered, the regulations or policies at that time shall apply. For cases that have not yet been closed, if the regulations or policies at the time when the behavior occurred are not considered to be violations of discipline, but these Regulations consider If it is a violation of discipline, it will be dealt with in accordance with the regulations or policies at the time; if the regulations or policies at the time when the behavior occurred are considered to be a violation of discipline, it will be dealt with in accordance with the regulations or policies at the time. However, if it is not considered a violation of discipline or the punishment is lighter, it will be dealt with in accordance with the provisions of these regulations.”
In addition, the revised "Regulations on Party Discipline Sanctions" also stipulates some issues that urgently need to be solved in the enforcement of disciplines, such as the issue of Party disciplinary sanctions for personnel engaged in official duties who take advantage of their positions to illegally accept other people's property to seek benefits for others. Article of the "Regulations on Party Discipline Punishments"8535832_3627461Article 6 and1989The "Answers to Several Issues Concerning the Implementation of the "Supplementary Provisions on Punishing the Crime of Corruption and Bribery"" issued by the Supreme People's Court and the Supreme People's Procuratorate also have corresponding provisions on this issue. Therefore, Article of the "Regulations on Party Discipline Punishment"8837470_37580
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