Party Discipline Study and Education Column (Sixth Issue)

Source:

Shandong

2024-05-31


Party Discipline Education

Study of the original text of "Regulations of the Chinese Communist Party on Disciplinary Punishment"

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

What does "self-reporting" mean in the Disciplinary Punishment Regulations?

The "Regulations of the Chinese Communist Party on Disciplinary Punishment" stipulates that members who voluntarily confess to issues that should be subject to party discipline may receive lighter or reduced punishment. The term "self-reporting" mainly includes two situations:
First, a Party member suspected of violating discipline confesses their problems to the relevant organization before the organization's conversation and inquiries or preliminary verification. Confessing their problems to the relevant organization before the organization's conversation and inquiries or preliminary verification includes confessing issues the organization already knows about and also includes confessing issues the organization does not yet know about.

Second, confessing issues that the organization does not know about during conversations and inquiries, preliminary verification, and case investigation. The "issues" here mainly refer to the disciplinary problems of the Party member in question. Confessing to the disciplinary problems of others may be considered meritorious according to relevant regulations, but it does not constitute self-reporting of one's own problems. During the organization's conversations and inquiries, preliminary verification, and case investigation, if a Party member suspected of violating discipline truthfully explains the violations and illegal acts already known to the organization, it is similar to the confession as defined in criminal law; truthfully confessing to violations and illegal acts unknown to the organization constitutes self-reporting.

 

How to handle the benefits obtained from disciplinary violations

The "Regulations of the Chinese Communist Party on Disciplinary Punishment" stipulates how to handle the benefits obtained from disciplinary violations. It is mainly divided into two situations:
Economic benefits obtained from disciplinary violations should be confiscated or ordered to be repaid. Voluntarily surrendered disciplinary gains and economic loss compensation should be accepted and confiscated or returned to the relevant units or individuals according to regulations.

According to the "Regulations of the Chinese Communist Party on Disciplinary Punishment," "Regulations of the People's Republic of China on Administrative Penalties for Public Officials," and relevant guiding cases, when pursuing party discipline, the main methods for handling the assets involved are "confiscation" and "ordering repayment"; when pursuing supervisory responsibility, the main methods for handling the assets involved are "confiscation," "recovery," and "ordering repayment." The "confiscation" of disciplinary gains when pursuing party discipline is equivalent to the "confiscation" and "recovery" of illegal gains when pursuing supervisory responsibility.

"Confiscation" usually refers to the assets and their proceeds obtained from engaging in disciplinary violations and illegal acts; "ordering repayment" usually refers to squandering state-owned assets in violation of regulations, such as using public funds for banquets and travel, and imposing fines or charging fees illegally and obtaining assets, etc. The person under investigation is ordered to return the assets obtained from disciplinary violations or illegal acts. If the assets have been consumed or damaged, they should be compensated with assets of equivalent value. The assets ordered to be repaid are directly returned to the original owner or holder. If they cannot be returned, they are turned over to the state treasury.

For other benefits obtained from disciplinary violations, such as positions, ranks, professional titles, education, degrees, awards, and qualifications, the disciplinary organs handling the cases or their superior disciplinary organs should advise the relevant organizations, departments, and units to correct them according to regulations.

The "relevant organizations, departments, and units" here mainly refer to the organizations, departments, and units authorized to correct the other benefits obtained from disciplinary violations, such as positions, ranks, professional titles, education, degrees, awards, and qualifications.

At the same time, in conjunction with Articles 37 and 38 of the "Regulations," for Party members who have disappeared after violating discipline, Party members who died before the Party organization made a disciplinary decision, or Party members whose serious disciplinary violations were discovered after death, if the investigation confirms that they obtained benefits from their disciplinary violations, they should be handled according to the above provisions.