Party Discipline Study and Education Column (15th Issue)

Source:

Shandong

2024-07-24


Party Discipline Study and Education

Study of the original text of "Regulations of the Communist Party of China on Disciplinary Actions"

(Source: Website of the Central Commission for Discipline Inspection and the National Supervisory Commission)

 

Disciplinary provisions for engaging in activities outside the organizational structure

 

Articles 82 and 83 of the "Regulations of the Communist Party of China on Disciplinary Actions" list negative examples of engaging in activities outside the organizational structure and stipulate punishments for illegally organizing or participating in hometown associations, as well as engaging in vote-seeking, election campaigning, and disrupting election activities.

  1. Illegally organizing or participating in hometown associations.

  Article 82 of the "Regulations" stipulates that if leading Party members violate relevant regulations by organizing or participating in spontaneously formed hometown associations, alumni associations, or comrades-in-arms associations, etc., and the circumstances are serious, they shall be given corresponding disciplinary actions.

  The "violation of relevant regulations" here mainly refers to violations of regulations such as the "Notice on Leading Cadres Not Participating in Spontaneously Formed "Hometown Associations," "Alumni Associations," and "Comrades-in-Arms Associations" Organizations" issued by the Central Commission for Discipline Inspection, the Central Organization Department, and the General Political Department of the People's Liberation Army in 2002. Accordingly, leading cadres may not participate in spontaneously formed (not registered with the civil affairs department) associations of people from the same hometown, alumni, or comrades-in-arms, may not serve as initiators or organizers of such associations, and may not hold any positions in such associations; leading cadres participating in various association-type activities among people from the same hometown, alumni, or comrades-in-arms may not take this opportunity to weave "relationship networks," create distinctions between close and distant relationships, form cliques, or engage in behavior such as "forming alliances" or "sworn brotherhood." At the same time, it is clear that if leading Party members violate the above regulations, the Party organization shall promptly conduct criticism and education to urge them to correct their mistakes; those who violate organizational principles and the circumstances are serious shall be given Party disciplinary actions.

  Leading Party members participating in hometown, alumni, or comrades-in-arms gatherings within a normal scope, engaging in healthy, civilized, and positive interpersonal interactions, does not violate Party discipline. However, some leading Party members are keen on participating in spontaneously formed hometown associations, alumni associations, comrades-in-arms associations, etc., weaving "relationship networks," forming "small circles," and engaging in activities outside the organizational structure, causing adverse effects among Party members and the masses; such behaviors must be corrected.

  2. Engaging in vote-seeking, election campaigning, and disrupting election activities.

  Article 83 of the "Regulations" stipulates that those who engage in any of the following acts shall be given corresponding disciplinary actions.

  ① Engaging in vote-seeking, election campaigning, and other activities outside the organizational structure in democratic recommendations, democratic assessments, organizational investigations, and Party elections.

  ② Engaging in activities outside the organizational structure in violation of organizational principles in voting and election activities stipulated by law, organizing, instigating, or inducing others to vote.

  ③ Engaging in other activities that violate the Party Constitution, other Party regulations, and relevant regulations in elections.

  Intra-Party elections are an important part of intra-Party political life. The "Several Guiding Principles on Intra-Party Political Life Under the New Situation" stipulates that intra-Party elections must reflect the will of the electors, and resolutely prevent and investigate and deal with acts such as vote-buying and vote-selling. Engaging in activities outside the organizational structure in election activities, interfering with electors expressing their electoral will, infringing on the rights and interests of other candidates, eroding intra-Party political culture, and causing adverse effects among Party members and the masses, such violations of organizational discipline must be resolutely punished.

  Those who engage in organized vote-buying and vote-selling, or use public funds for vote-buying and vote-selling, shall be given heavier or aggravated punishment.

  Compared with the aforementioned vote-seeking, election campaigning, and disrupting election activities, the behavior of engaging in organized vote-buying and vote-selling or using public funds for vote-buying and vote-selling causes more serious damage to Party discipline and the rights of Party members, and has a more adverse impact, therefore, such behavior should be given heavier or aggravated punishment.

  "Seven Has" issues, one of which is engaging in buying people's hearts and mobilizing votes. Vote-buying and vote-selling directly impact the socialist political system with Chinese characteristics, undermine the foundation of the Party's cadre work, endanger the Party's political ecology, and damage the image of the Party and government. The "Several Guiding Principles on Intra-Party Political Life Under the New Situation" clearly stipulates that "no Party organization or individual may, in any way, obstruct electors from independently exercising their right to elect in accordance with the regulations, resolutely oppose and prevent the infringement of Party members' right to elect and be elected, and resolutely prevent and investigate and deal with acts such as vote-buying and vote-selling," and "resolutely prohibit the acts of seeking office through improper channels, buying and selling officials, and vote-buying and vote-selling."

 

Determination standards and punishment provisions for irregular selection and appointment of cadres

The way of governing lies first in obtaining capable people. Our Party has always attached great importance to selecting and appointing capable people, and has always regarded the selection and appointment of personnel as a key and fundamental issue related to the cause of the Party and the people. The "Regulations of the Communist Party of China on Disciplinary Actions" stipulates punishments for irregular selection and appointment of cadres.

  1. Irregular selection and appointment of personnel, negligence in personnel matters
  The "Regulations" stipulate that in the work of selecting and appointing cadres, those who engage in acts that violate the regulations on selecting and appointing cadres, such as favoritism, exclusion of dissidents, offering official positions and promises, lobbying and intervention, seeking office through improper channels, surprise promotion or adjustment of cadres, etc., shall be given warnings or serious warnings for those who bear direct responsibility and leadership responsibility if the circumstances are relatively minor; if the circumstances are relatively serious, they shall be given removal from Party posts or placement under Party probation; if the circumstances are serious, they shall be expelled from the Party.
  This is the disciplinary provision made for the "Seven Has" issues of "favoritism and exclusion of dissidents" and "offering official positions and promises and celebrating promotions."
  The behaviors that "violate the regulations on the work of selecting and appointing cadres" mainly refer to violations of regulations such as the "Regulations on the Selection and Appointment of Leading Party and Government Cadres," the "Opinions on Preventing the Promotion of Cadres with Problems," and the "Methods for Supervising and Inspecting the Work of Selecting and Appointing Cadres and Holding People Accountable." Judging from the serious disciplinary violations and illegal cases investigated in recent years, some people select and appoint personnel based on personal closeness and personal likes and dislikes, treating positions as personal resources for private exchange; some still believe in the set of "not running around and not giving gifts, staying put" and "running around and giving gifts, getting promoted," finding ways to build relationships and seek favors; some main leaders of leading groups are about to leave office, but still conduct surprise promotions and adjustments of cadres, etc.
  These problems and unhealthy trends in the selection and appointment of personnel not only damage the prestige of Party organizations among the masses, but also dampen the morale of Party members and cadres in working and starting businesses, and even seriously damage the political ecology of a region or unit. Party organizations and broad Party members and cadres should, with a responsible attitude towards the cause of the Party and the people, strictly implement various institutional regulations on selecting and appointing cadres, promote the creation of a fair and honest environment for selecting and appointing personnel, and effectively play the role of a weather vane in the correct selection and appointment of personnel.
  In addition, the "Regulations" stipulate that if negligence in personnel matters causes serious consequences, those who bear direct responsibility and leadership responsibility shall be dealt with in accordance with the provisions of the preceding paragraph. This mainly refers to the situation where leading cadres fail to seriously perform their duties, select and appoint unqualified cadres, and cause serious losses to the interests of the Party, the state, and the people. It should be noted that this clause emphasizes that disciplinary actions are given only when negligence in personnel matters causes serious consequences; for those that do not cause serious consequences, the Party organization may give criticism and education, organizational adjustments, or organizational processing, etc.
  2. In promoting the work of enabling leading cadres to be promoted or demoted, engaging in benevolent acts
  The Regulations stipulate that in promoting the work of promoting the ability of leading cadres to be promoted or demoted, practicing favoritism and leniency, with more serious circumstances, will result in corresponding punishments. There are three scenarios:
  (1) Evading organizational adjustments with disciplinary or administrative penalties.
  This refers to a leading cadre who meets one of the circumstances stipulated in Article 5 of the Regulations on Promoting the Ability of Leading Cadres to be Promoted or Demoted, and is determined by the organization to be unsuitable for their current position. They should have been adjusted through means such as horizontal adjustment, transfer to a public service position, dismissal from office, or demotion, but after being given disciplinary or administrative penalties in accordance with party regulations and national laws and regulations, favoritism and leniency were practiced, and no organizational adjustments were made. The "disciplinary or administrative penalties" here usually refer to minor punishments. If it is a major punishment, then there is no need or no need for further organizational adjustments.
  (2) Replacing disciplinary or administrative penalties with organizational adjustments.
  This refers to a leading cadre who meets one of the circumstances stipulated in Article 5 of the Regulations on Promoting the Ability of Leading Cadres to be Promoted or Demoted, and is determined by the organization to be unsuitable for their current position, and is given organizational adjustments, but disciplinary or administrative penalties have not been given in accordance with party regulations and national laws and regulations.
  (3) Other acts of handling matters leniently to avoid serious consequences.
  This refers to a leading cadre who meets one of the circumstances stipulated in Article 5 of the Regulations on Promoting the Ability of Leading Cadres to be Promoted or Demoted, and is determined by the organization to be unsuitable for their current position, and should be given organizational adjustments, and should also be given disciplinary or administrative penalties. However, out of favoritism and leniency, except for evading organizational adjustments with disciplinary or administrative penalties, or replacing disciplinary or administrative penalties with organizational adjustments, lighter penalties are imposed instead of heavier penalties.
  In practice, some comrades believe that compared to the universally welcomed "promotion", "demotion" often offends people. Whether or not favoritism can be overcome is the key to promoting the ability of cadres to be promoted and demoted. The Regulations make clear disciplinary provisions in this regard, which is conducive to promoting the courage of leading cadres to take responsibility, putting the requirements of the ability to be promoted and demoted into practice, and ensuring the implementation of the Party's organizational line in the new era.