Party Discipline Study and Education

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

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

Overview of the Objects and Methods of Accountability for Party Discipline

How to determine and handle joint violations of discipline and collective violations of discipline

The "Regulations on Disciplinary Punishment of the Communist Party of China" stipulates that joint violations of discipline mainly refer to two or more (including two) people intentionally violating discipline together.

The ringleader mainly refers to the Party member who plays a major role in the joint violation of discipline. Unless otherwise stipulated in the "Regulations," the ringleader shall be given a heavier punishment.

Other members shall be punished separately according to their roles and responsibilities in the joint violation of discipline.

Instigation mainly refers to intentionally instigating others to violate discipline by means of instruction, incitement, persuasion, enticement, or other methods. The perpetrator must have the intention of instigating others to violate discipline. Those who instigate others to violate discipline shall be held accountable for Party discipline according to their role in the joint violation of discipline.

It is worth noting that the newly revised "Regulations" adjust the handling of joint violations of discipline in economic matters from "personal income amount" to "personal participation amount" and their roles, and punishments are given separately. It also stipulates that for the ringleaders of joint violations of discipline, if the circumstances are serious, they shall be punished according to the total amount of the joint violation of discipline. This amount determination rule is consistent with the practice in the criminal law that the amount of crime for each perpetrator in joint crimes is usually calculated based on the amount of actual participation, achieving consistency.

Unlike joint violations of discipline, the subject of collective violations of discipline is the leading body of the Party organization. Collective violations of discipline include both collective intentional violations of discipline and collective negligent violations of discipline. If the leading body of a Party organization makes a decision that violates Party discipline or commits other acts that violate Party discipline, members with common intent shall be dealt with in accordance with the handling of joint violations of discipline; members with negligent violations of discipline shall be punished separately according to their respective roles and responsibilities in the collective violation of discipline.

It should be noted that the excuse of "collective leadership," "collective responsibility," or "collective study" cannot be used to avoid holding leading members accountable for making decisions or committing acts that violate discipline collectively. However, the following two situations do not constitute collective violations of discipline: First, if an individual violates the principle of democratic centralism and makes a wrong decision on their own initiative, collective responsibility cannot be pursued, and it can only be handled as an individual violation of discipline. Second, those who did not participate in or express opposition when the leading body made a wrong decision or committed a wrong act are not considered members of a collective violation of discipline.