Women's Lecture Hall | "Regulations on Disciplinary Actions of the Communist Party of China" - Punishment for Violations of Organizational Discipline (1) (Lecture 33)

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Hello everyone, today we start to study the "Regulations on Disciplinary Actions of the Communist Party of China" (click on the title to read; Hereinafter referred to as the "Regulations"), Chapter VII of Part II, that is, "Punishment for Violations of Organizational Discipline". Today I will talk about articles 77 to 80.

Article 77: Where the principle of democratic centralism is violated by any of the following conduct, a warning or serious warning is to be given; where the circumstances are serious, sanctions of removal from internal Party positions or Party probation are to be given:

(1) Refusing to implement or changing major decisions made by Party organizations without authorization;

(2) Violating the rules of procedure by making decisions on major issues by individuals or a small number of individuals;

(3) Deliberately circumventing collective decision-making, deciding on major matters, the appointment and removal of important cadres, the arrangement of important projects, and the use of large amounts of funds;

(4) Collective violations in the name of collective decision-making.

In the party constitution, the first item in the party's organizational system is the principle of democratic centralism. You can refer to Article 10 of the Party Constitution for the explanation of the six aspects of the principle of democratic centralism. For violations of the principle of democratic centralism, this article lists four types of conduct:

The first is easier to understand, that is, for the major decisions made by the Party organization, please note that the term "Party organization" is not specifically referred to as "Party Central Committee", so it is included from the Party Central Committee to the grassroots Party organization; secondly, it is a "major decision" rather than a general decision, which is an important indicator to measure whether it violates party discipline; For major decisions made by Party organizations, refusal to implement them means refusing to implement them, and changing them without authorization means changing the content of the decision without asking for permission.

The second relates to the rules of procedure, "violation of the rules of procedure", which mainly refers to the violation of Article 10 (5) of the Party Constitution, which stipulates that "all major issues shall be discussed and decided collectively by the Party committees in accordance with the principles of collective leadership, democratic centralism, individual deliberation, and decision at meetings; Committee members should conscientiously perform their duties in accordance with collective decisions and division of labor", as well as the rules of procedure and decision-making procedures formulated by Party organizations at all levels. "Major issues", according to the provisions of the "Several Guidelines on Political Life within the Party", refer to the following issues that should be collectively discussed and decided by the Party organization: major matters involving the Party's line, principles, and policies; Deployment of major work tasks; the appointment, dismissal, transfer and handling of important cadres; important issues in the interests of the masses; Issues that should be collectively decided by the Party committees as stipulated by the higher-level leading organs. "Individuals or a small number of people decide on major issues" refers to the fact that major issues are not submitted to the Party committee for collective discussion and decision, nor are they reported to the Party organization at a higher level for instructions, but decisions are made by individuals or a small number of people.

【Case】Wei, a member of the Communist Party of China, secretary of the party committee of a municipal institution. Liu, a member of the Communist Party of China, a member of the party committee of the unit, and the head of the administration. From 2016 to 2017, the unit had 9 large sums of funds of more than 300,000 yuan, which were decided by Liu alone without collective discussion, resulting in 4 of them causing large losses to the party, the state and public property; As the secretary of the party committee, Wei did not perform his duties, neglected management, and failed to inspect and supervise the implementation of the party's and the state's principles and policies on the "three major and one large", causing serious adverse effects.

The third is to deliberately circumvent collective decision-making, and further clarify the decision on the "three major and one major" matters. "Deliberately circumventing collective decision-making" mainly refers to individuals or a small number of people deliberately violating the relevant rules of procedure and decision-making procedures, not making decisions on the "three major and one major" matters within the scope of their duties and responsibilities in the form of collective discussions or meeting decisions, or making temporary decisions by individuals or a small number of people in an emergency, and failing to report to the team in a timely manner afterwards. The "three major and one major" matters mainly refer to major matters, the appointment and dismissal of important cadres, the arrangement of important projects, and the use of large amounts of funds.

In May 2014, when Yangjing Coal Mine in Dafang County, Guizhou Province was in deep losses, in order to repay the bank loan, the person in charge of the coal mine found Zhang Zejin for help through others, hoping to "draw" 10 million yuan from the company's project payment, lend it to Yangjing Coal Mine for turnover, and promised to pay 500,000 yuan in "benefit fees" after the completion of the project. Faced with the temptation of money, Zhang Zejin agreed. According to the regulations, the use of large amounts of funds must be collectively studied and decided by the company's party committee and board of directors, and reported to the party committee of the superior company for approval. However, Zhang Zejin deliberately circumvented collective decision-making, made decisions without authorization, concealed and did not report, and in less than half a day, 10 million public funds were transferred. From the superior company to the road and bridge company, no party committee, board of directors or manager's office meeting has been held to study this matter, and no one in the other team members knows about this matter in advance or in the matter. On June 17, 2016, Zhang Zejin was expelled from the party. In December 2017, Zhang Zejin was sentenced to six years and six months in prison for embezzlement of public funds, and his illegal gains were recovered in accordance with the law.

The fourth type is collective violations in the name of collective decision-making. The original intention of collective decision-making is to gather collective wisdom and make better policy decisions through democratic centralism, the party's basic system and principle. Both party discipline and state law emphasize that everyone is equal before discipline and law, and violations of law and discipline must be investigated. If an individual violates discipline, the individual shall be held accountable; Collective violations of discipline should also be held accountable for collective members and their responsible persons. Therefore, the idea of vainly seeking personal gain under the guise of the collective can be put to rest.

【Case】In recent years, the secondary enterprises of a municipal state-owned enterprise in Shenzhen have achieved good results, and individual cadres proposed to the leaders of the enterprise to give appropriate bonuses to the personnel participating in the project to boost morale. However, according to the regulations on the management of remuneration of state-owned enterprises, enterprises shall pay the remuneration of employees in strict accordance with the approved remuneration plan and total salary budget, and are not allowed to issue any allowances and subsidies outside the provisions on the management of remuneration. Knowing that there was such a provision, the members of the leading group of the enterprise issued bonuses of more than 7 million yuan in the name of "market-oriented project support fees" and "training labor fees" on several occasions after collective decision-making. These bonuses are not included in the total salary budget of the enterprise, nor are they submitted to the superior enterprise for approval, and are allowances and subsidies issued outside the salary management regulations. In addition, the company did not strictly review the distribution targets, and even some employees who did not participate in the market-oriented project received bonuses, and the so-called "incentives" became inclusive benefits. In the end, the Shenzhen Municipal Discipline Inspection and Supervision Organ gave corresponding sanctions or treatment to the 14 party members and cadres who were responsible, and at the same time launched the "double investigation of one case" to seriously investigate the main responsibility of the party secretary of the enterprise. In addition, all the bonuses issued in violation of the regulations have been returned to the company's account.

Article 78: Where lower-level Party organizations refuse to implement or change higher-level Party organizations' decisions without authorization, those directly responsible and those with leadership responsibility are to be given warnings or serious warnings; where the circumstances are serious, sanctions of removal from internal Party positions or Party probation are to be given.

In the first item of the basic principle of democratic centralism in the party constitution, it is clearly pointed out that "subordinate organizations are subordinate to higher organizations". Therefore, this article is also a further explanation of the violation of the principle of democratic centralism. Although this sentence is easy to understand, there are still two places that need to be specifically explained:

The first is the definition of higher-level Party organizations and lower-level Party organizations. Although the relationship between superiors and subordinates is very clear, what about "how many levels" are we talking about here? Or are they all counted? Combined with the expression "higher-level party organization" when studying other intra-party regulations, we can judge that the "higher-level party organization" here includes multiple levels of higher-level party organizations.

The second is that we are talking about "decisions" here, not other styles such as opinions and explanations. This further involves the title of the document issued by some party organizations at ordinary times, and the party Xiaojian has encountered such a problem in the inspection and inspection - the lower-level party organization and the higher-level party organization issued the document "Guiding Opinions on XXXX" in the "Guiding Opinions" as the reason, thinking that the "guiding opinions" are opinions put forward to guide the work, not the deployment arrangements that must be made in an explicit text, so as to make excuses for their own non-implementation - this needs special attention.

Article 79: Those who refuse to carry out Party organizations' decisions such as on assignments, transfers, or exchanges, are to be given warnings, serious warnings, or removal from internal Party positions.

Those who refuse to implement the Party organization's decision described above during special periods or emergency situations are to be given Party probation or expulsion from the Party.

The previous article mentions the Party discipline punishment for lower-level Party organizations that refuse to implement or change the decisions of higher-level Party organizations without authorization, and this article provides a more detailed explanation in this regard.

This article does not mention "higher-level Party organizations" and "lower-level Party organizations", therefore, "refusal to carry out decisions on the distribution, transfer, exchange, and other decisions of Party organizations" can be both lower-level Party organizations and Party members; From the point of view of the meaning of "distribution, transfer, and exchange" itself (all of which are special words for cadre selection and appointment), it refers more to party members. Article 6 of the "Provisions on the Handling of Violations of the Interim Regulations on the Selection and Appointment of Party and Government Leading Cadres" serves as a prohibitive requirement and punishment norm, and stipulates that if a department or unit fails to implement the decision of a higher authority to send or transfer cadres, the principal responsible person of the department or unit shall be criticized and educated or circulated for criticism, and ordered to implement it; and where they still do not carry out criticism after being criticized and educated or circulated for criticism, they are to be given a warning or serious warning, and where the circumstances are serious, they are to be removed from internal Party positions. Article 6 also stipulates that if a cadre himself disobeys the organization's decision on transfer and exchange, he or she shall be given criticism and education or circulated for criticism; where the circumstances are more serious, a warning or serious warning is to be given, and removal or demotion is to be performed in accordance with procedures; where the circumstances are serious, a sanction of removal from internal Party positions is to be given.

distribution, that is, the distribution of the jobs of party members and cadres; Transfer, that is, the transfer of party members and cadres from one job to another; Exchange refers to the adjustment of the work posts of party and government leading cadres by party committees (party groups) at all levels and their organization (personnel) departments in accordance with the authority of cadre management through transfer and transfer. Temporary training work is provided for separately.

In the second paragraph of this article, it is proposed that "in special times or in emergency situations", on the one hand, it is stated that such disciplinary violations cannot be denied punishment for special or urgent reasons; On the other hand, by increasing the degree of punishment, it also shows that the more special or urgent the situation, the more important it is to observe organizational discipline.

Article 80: Where Party members who have an obligation to testify in accordance with laws and regulations refuse to testify or intentionally provide false information during Party organization disciplinary reviews, and the circumstances are more serious, they are to be given warnings or serious warnings; where the circumstances are serious, sanctions of removal from internal Party positions, Party probation, or expulsion from the Party are to be given.

The "according to laws and regulations" mentioned here refers to national laws and regulations, and regulations refer to the party constitution and party rules;

With regard to the "obligation to testify", at the level of law, it refers to the obligation to act as a witness in criminal proceedings. Article 37 of China's Criminal Procedure Law stipulates that anyone who knows the circumstances of a case has the obligation to testify.

At the level of compliance regulations, Article 28 of the Regulations of the Communist Party of China on the Inspection of Cases by Discipline Inspection Organs issued in 1994 clearly stipulates that "all organizations and individuals who know the circumstances of the case have the obligation to provide evidence", and Article 28 of the Detailed Rules for the Implementation of the Regulations on the Case Inspection Work of the Discipline Inspection Organs of the Communist Party of China stipulates that "if a Party member refuses to testify or intentionally provides false information, and the circumstances are serious, he shall be given Party disciplinary sanctions in accordance with relevant provisions; and where they are non-Party personnel, it shall be recommended that their competent organs pursue them. Article 18 of the "Supervision Law of the People's Republic of China" and article 42 of the "Law of the People's Republic of China on Governmental Sanctions for Public Employees" both provide that the Supervision Organs have the right to learn about the situation from relevant units and individuals in accordance with law, and to collect and collect evidence, and that relevant units and individuals shall truthfully provide information. It can be seen that the obligation of party members to testify has long been stipulated in the party's discipline, and this requirement has been consistent.

【Case】The website of the Central Commission for Discipline Inspection and the State Supervision Commission reported that Zeng Xiaoen, former secretary of the Party Committee of Shanshu Township, Zhenxiong County, Yunnan Province, was suspected of embezzling funds to benefit farmers. During the investigation, Tsang instructed witnesses to give false testimony and form offensive and defensive alliances to resist organizational scrutiny. Zeng Xiaoen was expelled from the party and dismissed from public office, and was transferred to the judicial organs for handling in accordance with the law. Sun Baoyi, former deputy chief clerk of the logistics service center of the Hohhot Central Branch of the People's Bank of China, still did not restrain or stop during the inspection of the Party Committee of the Central Branch of the People's Bank of China to the Party Committee of the Hohhot Central Branch, and acted boldly and recklessly. He believed that the discipline inspection department of the People's Bank of China at the grassroots level had no authority to investigate and prosecute cases of job-related crimes, and he was dismissive of the organization's many conversations, and even asked relevant personnel to give false testimony on his behalf. After the organization had a large number of clues, it still insisted that it had purchased the reimbursement items "genuinely". When organizing many reminders and educational rescues, they passively responded to the review under the pretext of "not knowing", "not knowing" and "not remembering clearly". In May 2019, Sun Baoyi was investigated by the Supervisory Committee of Tuoketuo County, Hohhot City, Inner Mongolia on suspicion of embezzlement, and was placed in custody. In August of the same year, Sun Baoyi was expelled from the party and expelled from public office. In May 2020, Sun Baoyi was sentenced to four years and six months in prison and fined 300,000 yuan.

Past Reviews (click on the title to read):

[01 Why is it revised again?] How to learn and use it well? 】

[02 Reasons and basis for enactment]

[03 What are the general requirements]

【04 What principles to follow】

[05 Understanding and using the "Four Forms"]

[06 Under what circumstances will I be punished]

[07 Types of Disciplinary Actions]

[08 Warnings and Serious Warnings]

[09 On the punishment of dismissal from internal party positions]

[10 On Party Probation and Expulsion from the Party]

[11 Party Discipline Punishment for Different Targets]

[12 Circumstances of mitigating or mitigating punishment]

[13 Supplementary Explanations for Mitigating or Mitigating Punishments]

[14 Aggravating or aggravating circumstances]

[15 Application of Party Discipline Sanctions under Special Circumstances (Part I)]

[16 Application of Party Discipline Sanctions under Special Circumstances (II)]

[17 Disciplinary Punishment for Party Members Who Violate the Law and Commit Crimes (1)]

[18 Disciplinary Punishment for Party Members Who Violate the Law and Commit Crimes (2)]

[19 Disciplinary Punishment for Party Members Who Violate the Law and Commit Crimes (3)]

[20 Disciplinary Punishment for Party Members Who Violate the Law and Commit Crimes (4)]

[21 Handling of Party members who violate discipline in different situations]

[22 Classification of persons responsible for disciplinary violations]

[23 Special explanations of some details]

[24 Special instructions for other details]

[25 Punishment for violations of political discipline (1)]

[26 Punishment for violating political discipline (2)]

[27 Punishment for violating political discipline (3)]

[28 Punishment for violating political discipline (4)]

[29 Punishment for violating political discipline (5)]

[30 Punishment for violating political discipline (6)]

[31 Punishment for Violation of Political Discipline (7)]

[32 Punishment for Violation of Political Discipline (8)]

· THE END ·

Source: Xiaojian Think Tank official account