Friday, January 20, 2023

《中国共产党处分违纪党员批准权限和程序规定》 ["Regulations on the Approval Authority and Procedures of the Communist Party of China for Disciplining Party Members Who Violate Disciplines"]

 

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It has turned out, despite  the sneering in some quarters, that one of the most relentlessly implemented principles that has emerged in its New Era formulation (because nothing ever emerges out of whole cloth) has been the principle of rule of law understood in its most relevant application--the development of rule based structures for the constraining of the exercise of administrative discretion by functionaries. Most well known as 把权力关进制度的笼子里 [locking power in a cage of regulation], the principle emerged very early in the leadership of Xi Jinping (though often misunderstood because of the premises and expectations built into some of the analytic lenses available at the time). As nicely considered at the time by Kong Ling (孔玲 把权力关进制度的笼子里 ), 

On January 22, 2013, General Secretary Xi Jinping emphasized at the second plenary meeting of the 18th Central Commission for Discipline Inspection that "we must strengthen the restriction and supervision of the exercise of power, and lock power in the cage of the system." . . "Put power in a cage" can be described as a famous political saying in today's society. Before General Secretary Xi Jinping spoke, some politicians once said similar words: "In the thousands of years of human history, the most precious thing is not the dazzling technology, not the classic works of the vast masters, but the realization of the rule of the taming of those who lived there, and the fulfillment of the dream of keeping them in cages". Today, General Secretary Xi has made it even more clear that power should be locked in a cage of "systems," which is to emphasize the need to use a rigid legal system to restrain and control state power. . . Why do we have to put power or rulers in a cage? In the final analysis, it is determined by the nature of human beings. . .

In western countries, the traditional basic way to restrict power is "rule of law", and its basic method is "use power to restrict power" or "use force to deal with force" as mentioned above.  In our China, the basic way of its political tradition to restrict power is "rule of virtue". Political personality, strongly advocates them to implement "benevolent government", implement "kingly way", resolutely oppose blindly "tyranny" and wanton "hegemony". In today's society, under the leadership of the Communist Party of China, while inheriting and carrying forward China's fine political traditions, it also draws on the achievements of human political civilization, and puts forward "the combination of governing the country by law and governing the country by virtue". But it also pointed out that this combination must be based on the basic strategy of "ruling the country by law". (孔玲 把权力关进制度的笼子里 )

While much of the focus of 把权力关进制度的笼子里 [locking power in a cage of regulation] has been on the administrative apparatus of the state, the Chinese Communist Party has also sought to develop such rule systems to more tightly discipline the institutional operation of the vanguard. Important development in the context of caging regulatory and discretionary administrative authority within cages of regulation  within the CPC were announced in the run up to the 20th CPC Congress, one of which--regulation for the promotion and demotion of cadres was considered here). 

Nonetheless, the CPC has indicated that additional reform is necessary. Most interesting in that respect has been the 17 January 2023 issuance by the Central Committee of the Communist Party of China of "Regulations on the Approval Authority and Procedures of the Communist Party of China for Disciplining Party Members Who Violate Disciplines" --中共中央印发《中国共产党处分违纪党员批准权限和程序规定》. The Reforms reflect the objectives of CPC improvement specified in the Report to the 20th CPC Congress:

In strengthening the Party politically, we will enforce strict political discipline and rules, ensure that Party committees (leading Party members groups) at all levels fully assume their principal responsibilities, and enhance the political judgment, understanding, and implementation of Party organizations and Party officials at all levels. (Xi Jinping, "Hold High the Great Banner of Socialism with Chinese Characteristics and Strive in Unity to Build a Modern Socialist Country in All Respects" Report to the 20th National Congress of the Communist Party of China (October 16, 2022)).

The Reforms touch on the twin an intertwined objectives of strengthening ideological integrity and practical efficiency of the mechanisms.

Regarding violations of Party discipline, each and every infraction identified must be strictly investigated and handled. We will work in concert to enhance Party consciousness, improve Party conduct, and tighten Party discipline. This will enable Party members to maintain firm ideals and convictions, enhance their Party consciousness, and bolster their resistance to corruption and moral decline. (Ibid; Part XV, 6 )

These regulations reformed and superseded the Central Commission for Discipline Inspection July 6, 1983 the "Specific Provisions on the Approval Authority of Party Members Who Violate Party Discipline" (6 July 1983) and the "Notice on Amending the Specific Provisions on the Approval Authority of Party Members Who Violate Party Discipline" (March 28, 1987) ( 中国共产党处分违纪党员批准权限和程序规定》 ¶56). Article 54 The Central Military Commission and the Central Commission for Discipline Inspection share authority for administrative elaboration and interpretation. (Ibid., ¶¶ 54-55). 

The reform of the Party Discipline Regulations focus as well on better aligning its provisions with the New Era's ideological and policy framework in the “两个确立”与“两个维护” [Two Establishments and Two Safeguard] principles. These were also elaborated at about the time of the 20th CPC Congress. See 胡长栓 “两个确立”与“两个维护”内在统一的本质和要求 [Hu Changshuan, "The Essence and Requirements of the Internal Unity of "Two Establishments" and "Two Safeguards"]. These suggest the deep embedding of ideological principles into the constitution and operation of any system of disciplinary supervision.  In effect, the cage of regulation may constrain the range of discretionary decision making, but the cage of regulation is itself a practical application--and subject to--the hierarchically superior cage of ideology. 

The revised regulation follows below along with Hu's essay in the original Chinese and in crude English translations. 


中共中央印发《中国共产党处分违纪党员批准权限和程序规定》

2023-01-17 19:21:46 来源: 新华网

  新华社北京1月17日电 近日,中共中央印发了《中国共产党处分违纪党员批准权限和程序规定》(以下简称《规定》),并发出通知,要求各地区各部门认真遵照执行。

  通知指出,《规定》以习近平新时代中国特色社会主义思想为指导,以党章为根本依据,总结吸收党的十八大以来管党治党实践创新和制度创新成果,对党的各级各类组织处分违纪党员批准权限和程序作出系统规范和明确规定,充分彰显了我们党勇于自我革命的鲜明品格,对于深入贯彻全面从严治党战略方针、深入推进依规治党,具有重要意义。

  通知要求,各级党委(党组)要把坚决做到“两个维护”作为最高政治原则和根本政治责任,全面加强党的纪律建设,坚定不移推进党风廉政建设和反腐败斗争,以对党的事业和党员、干部高度负责的态度,严格遵循、维护和执行党的纪律。要抓实抓好《规定》的学习宣传和贯彻落实,将《规定》纳入党委(党组)理论学习中心组学习内容,带头严格执行《规定》。各级纪律检查机关要认真履行党章和《规定》明确的任务职责,严格按照《规定》行使纪律处分权。要按照与党纪处分批准权限、干部人事管理权限基本对应的原则,完善监察机关给予政务处分的批准权限和程序,确保执纪执法贯通衔接,充分发挥监督保障执行、促进完善发展作用。各地区各部门在执行《规定》中的重要情况和建议,要及时报告党中央。

  《规定》主要内容如下。

中国共产党处分违纪党员批准权限和程序规定

(2022年9月1日中共中央政治局常委会会议审议批准

2022年9月22日中共中央发布)

  第一章 总则

  第一条 为了规范处分违纪党员批准权限和程序,根据《中国共产党章程》和有关党内法规,制定本规定。

  第二条 坚持以习近平新时代中国特色社会主义思想为指导,坚持和加强党的全面领导,坚持党要管党,在党中央集中统一领导下,深入贯彻全面从严治党战略方针,严格按照处分违纪党员批准权限和程序实施党纪处分。

  第三条 对违纪党员实施党纪处分实行分级负责制。处分违纪党员批准权限主要依据党员组织隶属关系和干部人事管理权限确定,其中系党员干部的,除本规定和有关党内法规规定的特殊情形外,优先依据干部人事管理权限确定。

  第四条 对违纪党员实施党纪处分应当坚持党纪面前一律平等、实事求是、民主集中制和惩前毖后、治病救人原则,做到事实清楚、证据确凿、定性准确、处理恰当、手续完备、程序合规。

  对违纪党员实施党纪处分应当按照规定程序,经党组织(含纪律检查机关,下同)集体讨论决定,不允许任何个人或者少数人擅自决定和批准。上级党组织对违纪党员作出的处理决定,下级党组织必须执行。

  第五条 党纪处分决定自有处分批准权的党组织集体讨论决定之日起生效。

  第二章 处分批准权限和程序一般规定

  第六条 除本规定和有关党内法规另有规定外,给予各级党委管理的党员警告、严重警告处分,可以由同级纪委审查批准;给予其撤销党内职务、留党察看或者开除党籍处分,须经同级纪委审查同意后报请这一级党委审议批准。

  第七条 给予担任两个以上职务(不含党代会代表)的违纪党员党纪处分,按照其中属于最高一级党组织管理的职务履行处分审批程序。

  违纪党员所担任的职务中属于最高一级党组织管理的职务有两个以上的,区别下列情形履行处分审批程序:

  (一)有一个职务系党的中央或者地方委员会(以下简称地方党委)委员、候补委员的,应当按照该职务对应的处分批准权限履行处分审批程序;

  (二)除前项所列情形外,有一个职务系党的中央或者地方纪律检查委员会(以下简称地方纪委)委员的,应当按照该职务对应的处分批准权限履行处分审批程序;

  (三)除前两项所列情形外,应当按照违纪党员所担任的最高一级党组织管理的多个职务分别对应的处分批准权限就高履行处分审批程序。

  地方党委委员、候补委员或者地方纪委委员在接受审查期间,其所在的地方党委不得免去其上述职务,也不得接受其辞去上述职务的请求。

  第八条 违纪党员系地方党委委员、候补委员或者地方纪委委员,同时担任上级党组织管理的职务的,由该上级党组织的同级纪委依照本规定履行处分审批程序。其中,受到撤销党内职务、留党察看或者开除党籍处分的,地方党委、纪委无需履行本规定第十八条第三款规定的追认程序。

  第九条 对党员所作处分,需要变更或者撤销的,由原批准处分决定的党组织或者有处分批准权的党组织审批。原批准处分决定的党组织已撤销的,可以由继续行使其职权的党组织办理。

  第十条 上级纪委提级审查的,经审理形成处置意见后,可以交由下级纪委履行处分审批程序;也可以经上级纪委常委会审议同意后,直接作出党纪处分决定,其中上级纪委拟给予提级审查的下级地方党委委员、候补委员撤销党内职务、留党察看或者开除党籍处分的,应当报请同级党委常委会审议批准。

  上级纪委指定下级纪委审查的,被指定的下级纪委常委会审议后,按照程序将案件材料和处理意见转有监督执纪权限的纪委经审理后履行处分审批程序。

  第十一条 对违纪党员免予党纪处分的,按照给予其警告处分的批准权限履行处分审批程序。

  第十二条 对于应当受到撤销党内职务处分,但是本人没有担任党内职务的违纪党员,应当给予其严重警告处分,并按照给予其撤销党内职务处分的批准权限履行处分审批程序。

  第十三条 对于各级纪委立案审查的党员,需要给予党纪处分的,除特殊情况外,一般由负责审查的纪委经审理后形成关于违纪事实和处分意见的通报材料,经下一级党组织交由被审查人所在党支部党员大会讨论形成决议,并由该下一级党组织报负责审查的纪委履行处分审批程序。被审查人所在党支部系负责审查的纪委下一级党组织的,由负责审查的纪委将关于违纪事实和处分意见的通报材料交由该党支部党员大会讨论形成决议后履行处分审批程序。

  对各级纪委监委派出的纪检监察工作委员会(含纪律检查工作委员会,下同)以及未设立纪委的党的基层委员会审查的党员给予党纪处分的,参照前款规定履行处分审批程序。

  被审查人所在党支部党员大会讨论给予其党纪处分时,实际到会有表决权的党员人数必须超过全部应到会有表决权的党员的半数,且表决时必须经过全部应到会有表决权的党员过半数赞成,方可形成决议;被审查人有权参加和进行申辩。被审查人应当在党支部党员大会决议上签写意见;拒不签写意见或者因其他原因不能签写意见的,支部委员会(含未设支部委员会的支部书记)应当在决议上注明。

  处分决定所依据的事实材料必须同被审查人本人见面,听取其陈述和申辩,并如实记录、及时核实,合理的予以采纳;不予采纳的,应当说明理由。该事实材料应当由被审查人签写意见,对签写不同意见或者拒不签写意见的,应当作出说明或者注明情况。

  第十四条 有下列特殊情况之一,县级以上各级党委和纪委可以直接决定给予违纪党员党纪处分:

  (一)案情涉密、敏感的;

  (二)违纪案件跨地区跨部门跨单位的;

  (三)违纪党员系县级以上各级党委管理的党员干部的;

  (四)违纪党员所在的基层党组织无法正常履行职责、不正确履行职责或者其负责人同违纪问题有关联的;

  (五)违纪党员所在党支部党员大会经讨论无法及时形成决议,或者因可到会有表决权的党员人数未超过全部应到会有表决权的党员半数,不能及时召开党支部党员大会讨论表决的;

  (六)县级以上纪委提级审查下级党委(党组)管理的党员的;

  (七)党章和有关党内法规规定的其他情况。

  除本规定第二十九条、第三十一条、第三十八条第三款另有规定外,给予违纪党员开除党籍处分,须经县级以上纪委审查批准,或者经县级以上纪委审查同意后报请有处分批准权的党组织依照本规定履行处分审批程序。

  第十五条 各级纪委拟在给予同级党委管理的党员干部党纪处分的同时,建议给予其组织处理的,应当依照本规定履行处分审批程序,并将组织处理建议通报同级党委组织部门依照规定办理;必要时也可以在书面征求同级党委组织部门意见后,一并报请同级党委审议批准。

  第十六条 县级以上纪委依照本规定第十四条第一款规定直接决定给予其审查的党员党纪处分,须报请同级党委或者上级党组织审批的,应当在报批前以纪委办公厅(室)名义书面征求同级党委组织部门和被审查人所在党委(党组)意见。

  被审查人所在党组织系接受归口领导、管理,或者接受归口指导、协调或者监督的单位党组织的,前款规定中的被审查人所在党委(党组)是指归口领导、管理单位,或者负有指导、协调或者监督职责的单位党组织。

  党组(党委)、党的工作机关、中央和地方党委直属事业单位、由党的工作机关管理的机关以及所在机关党的基层委员会(以下简称机关党委)、机关党的基层纪律检查委员会(以下简称机关纪委)在作出党纪处分决定前,应当征求派驻纪检监察组意见。

  第十七条 给予违纪党员党纪处分,依照本规定应当由党委审批的,须经本级纪委常委会(未设常委会的应当召开纪委全体会议,下同)审议通过后于15日内报请这一级党委审议;依照本规定应当由上级党组织审批的,还须经同级党委审议同意后,按照程序于15日内呈报上一级纪委审查批准;党委应当及时审议处分事项,对处分意见分歧较大且确有必要的,也可以先通过召开书记专题会议等形式进行酝酿。

  党员严重违纪涉嫌犯罪的,原则上先作出党纪处分决定,再移送司法机关依法处理。案情疑难、复杂,对事实证据、行为性质的认定把握困难或者有重大争议,可能影响党纪处理结果的,或者因留置期限即将届满等原因急需移送司法机关依法处理的,负责审查的纪委监委经本级纪委常委会审议同意后,可以先行移送司法机关,并及时报上一级纪委监委备案;其中给予其党纪处分须报请同级党委或者上级党组织审批的,应当在移送司法机关之日起15日内报请同级党委审议,至迟不晚于司法机关决定提起公诉或者作出不起诉决定前。

  给予地方党委委员、候补委员和地方纪委委员、监委委员党纪处分,依照本规定须呈报上级党组织审批的,在报请同级党委审议前,有监督执纪权限的纪委常委会审议通过后,应当于3日内形成书面情况报告与上级纪委沟通;上级纪委应当基于该书面情况报告载明的违纪事实和处分意见进行审核,并及时反馈处理意见。上级纪委受理该案件后,应当认真审核,不受此前已反馈处理意见的限制。

  第十八条 经中央委员会全体会议应到会委员三分之二以上的多数赞成,可以对中央政治局在中央委员会全体会议闭会期间先行作出的给予中央委员会委员、候补委员撤销党内职务、留党察看或者开除党籍处分的处理决定予以追认。

  经中央纪委全体会议应到会委员三分之二以上的多数赞成,可以对中央纪委常委会在中央纪委全体会议闭会期间先行作出的给予中央纪委委员撤销党内职务、留党察看或者开除党籍处分的处理决定予以追认。

  地方各级党委、纪委全体会议对本级地方党委、纪委常委会在全体会议闭会期间先行作出的给予本级党委委员、候补委员和纪委委员撤销党内职务、留党察看或者开除党籍处分的处理决定予以追认,分别参照前两款规定的程序执行。

  追认须待对前三款所涉人员作出党纪处分决定后,在下一次相应中央委员会、中央纪委全体会议或者地方党委、纪委全体会议上进行。

  前三款所涉人员严重触犯刑律的,必须开除党籍。中央政治局、地方党委常委会分别依照本规定第二十四条第二项、第二十七条第一款第二项规定作出的给予严重触犯刑律的中央委员会委员、候补委员和地方党委委员、候补委员开除党籍处分的处理决定,无须履行本条第一款、第三款规定的追认程序。

  第十九条 各级纪委依照本规定呈报同级党委或者上级党组织批准后作出党纪处分决定的,处分决定执行完毕后,应当按照程序于每季度首月15日前将上一季度的处分决定执行(含处分宣布)情况汇总呈报同级党委或者上级党组织。

  第二十条 党组织批准的下列处分事项,应当在作出党纪处分决定后按照下列要求予以备案:

  (一)中央纪委批准本规定第三十四条第一项至第三项所涉处分事项后,由中央纪委报党中央备案;

  (二)省、自治区、直辖市党委(以下简称省级党委)批准本规定第二十七条第三款所涉处分事项后,由省、自治区、直辖市纪委(以下简称省级纪委)报中央纪委备案;

  (三)地方党委批准本规定第二十七条第一款第一项所涉处分事项后,被处分人系按照规定需要报上一级党委备案的在职正职领导干部的,由地方纪委报上一级纪委备案;

  (四)地方纪委批准本规定第三十七条第一款第一项至第七项、第三款所涉处分事项后,由地方纪委报同级党委备案;其中本规定第三十七条第一款第三项所涉处分事项还须同时报上一级纪委备案;

  (五)党的基层纪律检查委员会(以下简称基层纪委)、党的街道纪检监察工作委员会等审查批准本规定第三十八条第一款、第二款所涉处分事项后,相应报具有审批预备党员权限的同级党的基层委员会(以下简称基层党委)、党的街道工作委员会等备案;

  (六)机关党委、机关纪委分别审议批准本规定第三十条第二款、第三十九条所涉处分事项后,相应报党组(党委)、党的工作机关备案;机关纪委审查批准本规定第三十九条所涉处分事项后,还须报机关党委备案。

  前款规定中的备案工作,应当由负责报备的党组织于每季度首月15日前,将上一季度对在职党员干部已作出党纪处分决定的案件汇总报相应党组织。

  第二十一条 受到留党察看处分的党员,确有悔改表现的,留党察看期满后,由其所在党支部党员大会讨论形成决议,经基层党委审议后层报原作出党纪处分决定的党组织的下一级党委(党组)审议批准。该党委(党组)同意按期恢复党员权利的,作出恢复党员权利决定并抄告原作出党纪处分决定的党组织。基层党委批准给予党员留党察看处分的,恢复党员权利由该基层党委批准,恢复党员权利决定由基层党委或者基层纪委下达。

  受到留党察看处分一年的党员,留党察看期满后,原作出党纪处分决定的党组织的下一级党委(党组)审核认为其仍不符合恢复党员权利条件的,经报原作出党纪处分决定的党组织批准,作出延长一年留党察看期限的决定。

  党员在留党察看期间,坚持不改或者又发现其他应当受到党纪处分的违纪行为的,应当开除党籍,并由有监督执纪权限的纪律检查机关履行处分审批程序。

  受到留党察看处分的党员在留党察看期间转移党员组织关系的,由接收其党员组织关系的党组织分别参照本条第一款至第三款规定恢复其党员权利、延长一年留党察看期限或者给予其开除党籍处分,并抄告原作出党纪处分决定的党组织。

  受到留党察看处分的党员所在党支部有本规定第十四条第一款第五项情形的,可以由基层党委直接审议后,依照本条第一款规定程序办理。

  受到留党察看处分的党员组织关系隶属于党的工作委员会的,参照前五款规定执行。

  第二十二条 党员经过留党察看,恢复党员权利后,又发现其在留党察看期间实施了新的应当受到党纪处分的违纪行为,或者发现其在受到留党察看处分前没有交代的其他应当受到党纪处分的违纪行为的,应当由作出恢复党员权利决定的党组织撤销原决定,由有监督执纪权限的纪律检查机关按照程序给予其开除党籍处分,并抄告原作出党纪处分决定的党组织。

  第三章 党中央以及各级党委(党组)处分批准权限

  第二十三条 在中央委员会全体会议期间,经中央委员会全体会议应到会委员三分之二以上的多数决定,可以给予中央委员会委员、候补委员撤销党内职务、留党察看或者开除党籍处分。

  第二十四条 中央政治局批准下列处分事项:

  (一)在中央委员会全体会议闭会期间,先行给予中央委员会委员、候补委员撤销党内职务、留党察看或者开除党籍处分;

  (二)给予严重触犯刑律的中央委员会委员、候补委员开除党籍处分。

  第二十五条 中央政治局常务委员会批准对有关党的领导干部的处分事项。

  第二十六条 在地方党委全体会议期间,给予本级地方党委委员、候补委员撤销党内职务、留党察看或者开除党籍处分的,经地方党委全体会议应到会委员三分之二以上的多数决定,并按照程序呈报上一级纪委常委会审议同意后,由这一级纪委报同级党委常委会审议批准。

  在地方党委全体会议闭会期间,地方党委常委会可以先行作出给予本级党委委员、候补委员撤销党内职务、留党察看或者开除党籍处分的处理决定,并依照前款规定履行处分审批程序。

  第二十七条 地方党委常委会批准下列处分事项:

  (一)给予本级党委讨论决定任免的党员干部撤销党内职务、留党察看或者开除党籍处分;

  (二)给予严重触犯刑律的本级党委委员、候补委员开除党籍处分;

  (三)给予严重触犯刑律的本级纪委委员开除党籍处分;

  (四)给予下一级地方党委委员、候补委员撤销党内职务、留党察看或者开除党籍处分;

  (五)给予下一级地方纪委书记、副书记撤销党内职务、留党察看或者开除党籍处分;

  (六)党章和有关党内法规规定的其他处分事项。

  党的地区委员会和相当于地区委员会的组织,以及设区的市级(不含直辖市的区,下同)以上地方党委在被赋予社会管理权限的开发区、国家级新区等特定地域派出的代表机关,参照前款规定行使处分违纪党员批准权限。

  省级党委常委会批准给予省级纪委委员撤销党内职务、留党察看或者开除党籍处分。

  新疆维吾尔自治区党委常委会批准给予新疆生产建设兵团党委委员、候补委员撤销党内职务、留党察看或者开除党籍处分。

  第二十八条 经负责审查的基层纪委审议并报请,具有审批预备党员权限的基层党委可以批准给予被审查人留党察看以下处分,但被审查人涉及的问题比较重要或者复杂的除外。

  党的街道工作委员会和县级地方党委在开发区等特定地域派出的代表机关,参照前款规定行使处分违纪党员批准权限。

  第二十九条 基层党委具备下列条件之一,可以依照本规定第十四条规定直接决定给予违纪党员党纪处分,并可以批准给予违纪党员开除党籍处分:

  (一)下级党组织具有审批预备党员权限的;

  (二)所在党和国家机关机构规格为副厅局级以上的;

  (三)上一级党委系设区的市级以上党委的。

  第三十条 党组(党委)、党的工作机关根据干部人事管理权限对属于其管理的人员中的党员给予党纪处分,应当按照规定程序集体讨论决定。其中,党组(党委)会议、党的工作机关部(厅、室)务会或者委员会会议必须有三分之二以上成员到会,经超过应到会成员半数赞成为通过。

  对未经党组(党委)会议、党的工作机关部(厅、室)务会或者委员会会议讨论决定任免,但属于党组(党委)、党的工作机关管理的人员中的党员给予党纪处分的,也可以由所在机关纪委报机关党委审议批准;给予开除党籍处分的,还须相应报党组(党委)会议、党的工作机关部(厅、室)务会或者委员会会议审议批准。

  中央和地方党委直属事业单位、由党的工作机关管理的机关根据干部人事管理权限对属于其管理的人员中的党员给予党纪处分,参照前两款规定行使处分违纪党员批准权限。

  中央和地方党委派出的代表机关中,不属于党的工作机关的,除本规定和有关党内法规另有规定外,可以参照党的工作机关行使处分违纪党员批准权限。

  第三十一条 党组(党委)、党的工作机关、中央和地方党委直属事业单位、由党的工作机关管理的机关以及本规定第三十条第四款所涉中央和地方党委派出的代表机关,具备下列条件之一,可以依照本规定第十四条规定直接决定给予违纪党员党纪处分,并可以批准给予违纪党员开除党籍处分:

  (一)所在单位基层党委具有审批预备党员权限的;

  (二)所在党和国家机关机构规格为正县处级以上的;

  (三)本级党委系设区的市级以上党委的。

  第三十二条 实行党委领导下的行政领导人负责制的事业单位党委根据干部人事管理权限,可以批准给予其管理的人员中的党员党纪处分。

  实行行政领导人负责制的事业单位党组织根据干部人事管理权限和党组织在选人用人中的职责作用,经党政主要领导充分沟通后,相应可以批准给予其管理的人员中的党员党纪处分。

  事业单位未被赋予干部人事管理权限,由上级党组织统筹管理的,上级党组织可以批准给予该事业单位工作人员中的党员党纪处分。

  本条第二款、第三款规定中的党组织,不含党总支和党支部。

  第四章 纪律检查机关处分批准权限

  第三十三条 在中央纪委全体会议期间,经中央纪委全体会议应到会委员三分之二以上的多数决定,可以作出给予中央纪委委员撤销党内职务、留党察看或者开除党籍处分的处理决定,并待报请中央政治局常务委员会批准后,由中央纪委作出党纪处分决定。

  在中央纪委全体会议闭会期间,中央纪委常委会可以先行作出给予中央纪委委员撤销党内职务、留党察看或者开除党籍处分的处理决定,并待报请中央政治局常务委员会批准后,由中央纪委作出党纪处分决定。

  第三十四条 中央纪委常委会批准下列处分事项:

  (一)给予省部级以下(不含省部级)中管干部以及未明确行政级别的单位中的中管干部警告、严重警告处分;

  (二)给予省级党委委员、候补委员警告、严重警告处分;

  (三)给予省级纪委常委(不含书记、副书记,下同)、监委委员党纪处分;

  (四)党章和有关党内法规规定的其他处分事项。

  第三十五条 中央纪委办公会议批准下列处分事项:

  (一)给予不是中管干部的中央纪委国家监委机关、直属单位的党员党纪处分;

  (二)给予不是中管干部的中央纪委国家监委派驻、派出机构的党员党纪处分;

  (三)给予不是中管干部且已离职的中央纪委国家监委机关、直属单位和派驻、派出机构的党员党纪处分。

  前款第三项所涉人员违纪行为主要发生在其离职后,且与其离职前在前款所涉单位担任的职务没有关联的,依照本规定第三条规定履行处分审批程序。

  第三十六条 在地方纪委全体会议期间,经地方纪委全体会议应到会委员三分之二以上的多数决定,可以作出给予本级纪委委员撤销党内职务、留党察看或者开除党籍处分的处理决定,并待报请本级地方党委常委会审议批准后,由地方纪委作出党纪处分决定,其中系设区的市级以下纪委委员的还须按照程序呈报上一级纪委常委会审查批准。

  在地方纪委全体会议闭会期间,地方纪委常委会可以先行作出给予本级纪委委员撤销党内职务、留党察看或者开除党籍处分的处理决定,并依照前款规定履行处分审批程序后,由地方纪委作出党纪处分决定。

  第三十七条 地方纪委常委会批准下列处分事项:

  (一)给予本级地方党委讨论决定任免的党员干部警告、严重警告处分;

  (二)给予未经本级地方党委讨论决定任免、但属于本级地方党委管理的党员干部党纪处分;

  (三)给予本级纪委委员警告、严重警告处分;

  (四)给予下一级地方党委委员、候补委员警告、严重警告处分;

  (五)给予下一级地方纪委书记、副书记警告、严重警告处分;

  (六)给予下一级地方纪委常委、监委委员党纪处分;

  (七)给予下一级地方纪委委员撤销党内职务、留党察看或者开除党籍处分;

  (八)给予本级纪委管理的纪委监委机关、直属单位和派驻、派出机构的党员党纪处分;

  (九)党章和有关党内法规规定的其他处分事项。

  地区纪委和相当于地区纪委的其他纪律检查机关,以及设区的市级以上地方纪委监委在被赋予社会管理权限的开发区、国家级新区等特定地域派出的纪检监察工作委员会,参照前款规定行使处分违纪党员批准权限。

  新疆维吾尔自治区纪委常委会批准给予新疆生产建设兵团党委委员、候补委员警告、严重警告处分,新疆生产建设兵团纪委委员撤销党内职务、留党察看或者开除党籍处分,新疆生产建设兵团纪委常委、监委委员党纪处分。

  第三十八条 基层纪委可以批准给予其审查的案件中的被审查人警告、严重警告处分;如果涉及的问题比较重要或者复杂的,应当经同级党委审议同意后,按照程序报有处分批准权的县级以上纪委审查批准。

  党的街道纪检监察工作委员会和县级纪委监委在开发区等特定地域派出的纪检监察工作委员会,参照前款规定行使处分违纪党员批准权限。

  符合本规定第二十九条规定的基层党委,其同级纪委可以依照本规定第十四条规定直接决定给予违纪党员党纪处分,并可以批准给予违纪党员开除党籍处分。

  第三十九条 对未经党组(党委)会议、党的工作机关部(厅、室)务会或者委员会会议讨论决定任免,但属于党组(党委)、党的工作机关管理的人员中的党员给予警告、严重警告处分的,可以由机关纪委审查批准。

  第五章 处分批准权限和程序特殊情形

  第四十条 违纪党员系实行垂直管理或者实行双重领导并以上级单位领导为主的单位的干部,同时担任地方党委委员、候补委员或者地方纪委委员职务的,由地方纪委依照本规定履行处分审批程序,并将党纪处分决定抄告主管单位党组(党委)。其中,地方纪委立案审查的,应当通过有监督执纪权限的相应派驻纪检监察组或者主管单位内设纪检组织征求主管单位党组(党委)意见后履行处分审批程序。

  第四十一条 给予党员组织关系转入援派或者挂职单位,但不改变与原单位人事关系的违纪党员干部党纪处分的,一般应当按照所任原单位职务、职级等对应的干部人事管理权限确定处分批准权限、履行处分审批程序。违纪问题与援派或者挂职期间挂任职务有密切关联的,必要时也可以按照该职务对应的干部人事管理权限确定处分批准权限、履行处分审批程序,但在作出处分决定前,应当按照所任原单位职务、职级等对应的干部人事管理权限征求原单位意见。

  给予上级党委委托下级党委管理的党员干部党纪处分的,下级党委、纪委可以依照本规定履行处分审批程序。

  第四十二条 给予组织关系转出但尚未被接收的党员党纪处分,由其原所在党组织依照本规定履行处分审批程序。该党组织已撤销的,由继续行使其职权的党组织或者其上一级党组织办理。

  给予没有转移组织关系的流动党员和已停止党籍的党员党纪处分,由其组织关系所在党组织依照本规定履行处分审批程序。

  第四十三条 给予辞去公职等原因离开公职岗位或者退休的党员干部党纪处分,一般按照其在职时的干部人事管理权限确定处分批准权限、履行处分审批程序。违纪问题发生在离开公职岗位后,且与所任原单位职务、职级等没有关联的,由其组织关系所在党组织依照本规定履行处分审批程序。离开公职岗位后又重新担任公职的,依照本规定第三条规定履行处分审批程序。党纪处分决定作出后,应当抄告违纪党员所在党组织予以执行。

  第四十四条 给予党员组织关系转入相应党的街道工作委员会和所辖社区(村)党组织并实行社会化管理的国有企业退休人员党纪处分,按照党员组织隶属关系,由党的街道纪检监察工作委员会审查批准,其中给予撤销党内职务、留党察看或者开除党籍处分的还须报同级党的街道工作委员会审议批准,给予开除党籍处分的还须依照本规定呈报派出党的街道纪检监察工作委员会的地方纪委常委会审查批准。

  前款规定的国有企业退休人员,其违纪行为主要发生在在职期间或者与在职期间的职务有密切关联的,有监督执纪权限的相应纪委监委、派驻纪检监察组或者国有企业内设纪检组织审查后认为应当给予党纪处分的,可以按照其退休前的干部人事管理权限确定处分批准权限、履行处分审批程序。党纪处分决定作出后,应当抄告相应党的街道工作委员会、党的街道纪检监察工作委员会予以执行。对于受到留党察看处分的,由党的街道纪检监察工作委员会依照本规定第二十一条第一款至第三款规定的条件,经其所在党支部党员大会讨论形成决议,报请党的街道工作委员会审议同意后,作出恢复其党员权利、延长一年留党察看期限或者给予其开除党籍处分的决定,并抄告原作出党纪处分决定的党组织;其中给予开除党籍处分的还须依照本规定呈报派出党的街道纪检监察工作委员会的地方纪委常委会审查批准。

  给予党员组织关系转入相应乡镇(街道)党委和所辖村(社区)党组织并实行社会化管理的国有企业退休人员党纪处分,参照前两款规定执行。

  第四十五条 给予以退休方式移交人民政府安置的退役军官中的党员党纪处分,一般可以根据其退役前的职级或者军衔等级(适用于实行军衔主导的军官等级制度改革后的退役军官,下同),由相应的地方纪委常委会审查批准,其中给予撤销党内职务、留党察看或者开除党籍处分的还须报同级地方党委常委会审议批准。

  退役前系师职军官(大校军官以及相应职级文职干部)、团职军官(上校、中校军官以及相应职级文职干部)的,一般应当分别由省级纪委、设区的市级纪委负责履行处分审批程序;系营职以下军官(少校以下军官以及相应职级文职干部)的,由县级纪委负责履行处分审批程序。

  第四十六条 给予以逐月领取退役金或者自主择业方式安置且未被停发退役金的退役军官中的党员党纪处分,由其组织关系所在地的县级纪委常委会审查批准,其中拟给予撤销党内职务、留党察看或者开除党籍处分的还须报同级地方党委常委会审议批准。

  给予以复员方式退役的退役军官,以及采取以逐月领取退役金、自主就业、退休或者供养方式安置的退役军士中的党员党纪处分,由其组织关系所在党组织依照本规定履行处分审批程序。

  第四十七条 本规定第四十五条、第四十六条规定中的退役军官、军士的违纪行为主要发生在服役期间或者与服役期间的职务有密切关联,由军队纪律检查机关审查的,军队纪律检查机关可以依照其退役前的职务对应的处分批准权限履行处分审批程序并作出党纪处分决定,抄告退役军官、军士组织关系所在地县级党委、纪委予以执行。

  前款规定中的违纪行为由地方纪律检查机关立案审查的,地方纪律检查机关可以依照本规定第四十五条、第四十六条规定履行处分审批程序。

  第四十八条 有监督执纪权限的纪律检查机关审查认为预备党员违犯党纪,情节较轻,可以保留预备党员资格的,可以直接给予其批评教育或者按照程序延长一次预备期;情节较重的,应当按照程序取消其预备党员资格。

  延长预备期、取消预备党员资格,由有监督执纪权限的纪律检查机关向预备党员所在党组织提出书面建议,预备党员所在党组织无正当理由应当采纳并交由预备党员所在党支部党员大会讨论形成决议,呈报有审批预备党员权限的基层党委批准后作出处理决定。

  预备党员组织关系隶属于党的工作委员会的,参照前款规定执行。

  第六章 附则

  第四十九条 本规定所确定的权限,均系应当遵照的最低权限。

  第五十条 本规定所称以上、以下,除有特别标明外均含本级、本数。

  第五十一条 本规定所称严重触犯刑律,是指因犯罪被人民法院判处刑罚。

  第五十二条 本规定所称履行处分审批程序,是指依照本规定确定的处分批准权限和程序,对处分事宜进行审议、报批并按照程序作出党纪处分决定。

  第五十三条 本规定所称有监督执纪权限,是指按照监督执纪工作实行分级负责制的规定,对涉嫌违纪党员有权行使监督执纪职责,有权对其违纪问题予以立案审查,有权对其提出党纪处分建议或者按照程序作出党纪处分决定。

  第五十四条 军队处分违纪党员批准权限和程序规定,由中央军委根据本规定制定。

  第五十五条 本规定由中央纪委负责解释。

  第五十六条 本规定自发布之日起施行。中央纪委1983年7月6日印发的《关于处分违犯党纪的党员批准权限的具体规定》和1987年3月28日印发的《关于修改〈关于处分违犯党纪的党员批准权限的具体规定〉的通知》同时废止。此前有关规定与本规定不一致的,以本规定为准。

 

The Central Committee of the Communist Party of China issued the "Regulations on the Approval Authority and Procedures of the Communist Party of China for Disciplining Party Members Who Violate Disciplines"
2023-01-17 19:21:46 Source: Xinhuanet

Xinhua News Agency, Beijing, January 17th. Recently, the Central Committee of the Communist Party of China issued the "Regulations on the Approval Authority and Procedures of the Communist Party of China for Punishment of Party Members Who Violate Discipline" (hereinafter referred to as the "Regulations"), and issued a notice requiring all regions and departments to conscientiously abide by it.

The notice pointed out that the "Regulations" are guided by Xi Jinping's new era of socialism with Chinese characteristics and based on the party constitution. Systematic norms and clear regulations on the approval authority and procedures for organizing and punishing party members who violate discipline fully demonstrate the distinctive character of our party's courage in self-revolution.

The notice requires that party committees (party groups) at all levels should resolutely implement the "two safeguards" as the highest political principle and fundamental political responsibility, comprehensively strengthen party discipline, and unswervingly promote the construction of party style and clean government and the fight against corruption. The party's cause party members and cadres must adopt a are highly responsible, attitude and strictly follow, maintain and enforce party discipline. It is necessary to do a good job in the study, publicity and implementation of the "Regulations", incorporate the "Regulations" into the learning content of the party committee (party group) theoretical study center group, and take the lead in strictly implementing the "Regulations". Disciplinary inspection organs at all levels must conscientiously perform the tasks and responsibilities specified in the Party Constitution and the "Regulations", and exercise disciplinary powers in strict accordance with the "Regulations". In accordance with the principle of basically corresponding to the authority of approval of party discipline sanctions and the authority of personnel management of cadres, we must improve the authority and procedures for the approval of government sanctions by supervisory organs, ensure that discipline enforcement and law enforcement are connected, and give full play to the role of supervision, guarantee of implementation, and promotion of perfect development. All regions and departments must report to the Party Central Committee in a timely manner regarding important situations and suggestions in the implementation of the "Regulations".

The main contents of the "Regulations" are as follows.

The Communist Party of China’s Approval Authority and Procedures for Punishment of Violators of Disciplinary Party Members

(Deliberated and approved by the Standing Committee of the Political Bureau of the CPC Central Committee on September 1, 2022

Released by the Central Committee of the Communist Party of China on September 22, 2022)

Chapter One General Provisions

Article 1 In order to standardize the approval authority and procedures for punishing party members who violate discipline, these regulations are formulated in accordance with the "Constitution of the Communist Party of China" and relevant internal party regulations.

Article 2 Adhering to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, upholding and strengthening the party's overall leadership, insisting that the party must manage the party, and under the centralized and unified leadership of the party central committee, thoroughly implement the strategic policy of comprehensively and strictly governing the party, and strictly follow the Disciplinary party members approve authority and procedures to implement party discipline sanctions.

Article 3 A graded responsibility system shall be implemented for party discipline violations. The approval authority for disciplining party members who violate discipline is mainly determined based on the affiliation of party members' organizations and the authority of cadres and personnel management. Among them, those who are party members and cadres, except for the special circumstances stipulated in these regulations and relevant internal party regulations, shall be determined based on the authority of cadres and personnel management.

Article 4 Party discipline punishments for party members who violate discipline should adhere to the principles of equality before party discipline, seeking truth from facts, democratic centralism, learning from past mistakes and avoiding future ones, and treating illnesses and saving lives, so that the facts are clear, the evidence is conclusive, the characterization is accurate, the handling is appropriate, the procedures are complete, and the procedures are compliant.

The implementation of party discipline sanctions against party members who violate discipline should follow the prescribed procedures and be decided through collective discussion by party organizations (including discipline inspection agencies, the same below), and no individual or a small number of people are allowed to decide and approve without authorization. The decision made by the party organization at the higher level to deal with party members who violated discipline must be implemented by the party organization at the lower level.

Article 5 The party discipline sanction decision shall take effect from the date of collective discussion and decision by the party organization that has the power to approve sanction.

Chapter II General Provisions on Approval Authority and Procedures for Sanctions

Article 6 Unless otherwise stipulated in these regulations and relevant internal party regulations, warnings and serious warnings to party members under the management of party committees at various levels may be reviewed and approved by the discipline inspection committee at the same level; removal of party positions, party probation, or expulsion from the party Sanctions must be reviewed and approved by the Disciplinary Committee at the same level and then submitted to the party committee at the same level for review and approval.

Article 7 Party discipline violations for party members who hold two or more positions (excluding representatives of the party congress) shall be given party discipline sanctions, and the sanction approval procedures shall be performed in accordance with the positions that belong to the highest level of party organization management.

Discipline-violating party members hold two or more positions that belong to the management of the highest-level party organization, and the approval procedures for disciplinary action shall be performed in the following situations:

(1) If there is a position as a member or alternate member of the party's central or local committee (hereinafter referred to as the local party committee), the sanction approval procedure shall be performed in accordance with the sanction approval authority corresponding to the position;

(2) In addition to the circumstances listed in the preceding paragraph, if there is a position as a member of the Party Central Committee or a local discipline inspection committee (hereinafter referred to as the local discipline inspection committee), the sanction approval procedure shall be performed in accordance with the sanction approval authority corresponding to the position;

(3) In addition to the circumstances listed in the previous two items, the sanction approval procedures shall be performed in accordance with the sanction approval powers corresponding to the multiple positions managed by the party organization at the highest level held by the party violating discipline.

During the period when a local party committee member, alternate member, or member of the local discipline inspection committee is under review, the local party committee he belongs to shall not remove him from the above-mentioned positions, nor shall he accept his request to resign from the above-mentioned positions.

Article 8 Where a discipline-violating Party member is a member, alternate member, or member of the local Discipline Inspection Commission, and concurrently holds a position in the management of a higher-level Party organization, the Discipline Inspection Commission at the same level of the higher-level Party organization shall perform the sanction approval procedures in accordance with these regulations. Among them, local party committees and disciplinary committees do not need to perform the ratification procedures stipulated in Article 18, Paragraph 3 of these regulations for those who are punished by removal of internal party positions, party probation, or expulsion from the party.

Article 9 If the punishment imposed on a party member needs to be changed or revoked, it must be approved by the party organization that originally approved the sanction decision or the party organization that has the power to approve the sanction. If the party organization that originally approved the sanction decision has been revoked, it can be handled by the party organization that continues to exercise its powers.

Article 10 Where the higher-level disciplinary committee is promoted to a higher level for review, after the trial forms a disposition opinion, it may be handed over to the lower-level disciplinary committee to perform the disciplinary approval process; it may also directly make a party disciplinary decision after deliberation and approval by the higher-level disciplinary committee's standing committee. Members or alternate members of lower-level local party committees reviewed at the lower level shall be subject to deliberation and approval by the standing committee of the party committee at the same level if they are dismissed from internal party positions, placed on party probation, or expelled from the party.

If the higher-level disciplinary committee designates a lower-level disciplinary committee for review, the appointed lower-level disciplinary committee’s standing committee will, after deliberation, transfer the case materials and handling opinions to the disciplinary committee with supervisory and discipline-enforcement authority in accordance with the procedures, and then perform the sanction approval process.

Article 11 Where party members who violate discipline are exempted from party discipline sanctions, the sanction review and approval procedures shall be performed in accordance with the approval authority for warning sanctions.

Article 12: Discipline-violating party members who should be sanctioned by removal from inner-Party positions, but who do not hold any inner-Party positions themselves, shall be given serious warnings, and the sanction review and approval procedures shall be performed in accordance with the authority for the sanction of removal from inner-Party positions.

Article 13 For party members who need to be given party disciplinary sanctions for investigation by the discipline inspection committee at all levels, except for special circumstances, the discipline inspection committee in charge of the review will generally form a notification material on the facts of discipline violations and punishment opinions after the trial, and the party organization at the next level It is submitted to the party branch meeting of the party branch where the person under review is to discuss and form a resolution, and the discipline inspection committee responsible for the review of the party organization at the next level shall perform the sanction approval process. If the party branch of the person under review is a party organization at the next level to the discipline inspection commission responsible for examination, the discipline inspection commission in charge of examination will submit the notification materials on the facts of discipline violations and punishment opinions to the party branch's party members meeting to discuss and form a resolution before performing the sanction approval process.

Where Party discipline sanctions are imposed on party members examined by discipline inspection and supervision committees (including discipline inspection committees, the same below) dispatched by discipline inspection commissions at all levels and grassroots party committees that have not established discipline inspection commissions, the approval procedures for sanctions shall be performed in accordance with the provisions of the preceding paragraph.

When the party member meeting of the party branch where the person under review is discussing the party discipline punishment, the number of party members who are actually able to vote must exceed half of all party members who should be able to vote, and the vote must be passed by all party members who should be able to vote. Only half of the votes are in favor, and a resolution can be formed; the person under review has the right to participate and make a defense. The person under review shall sign and write opinions on the resolution of the party branch party member meeting; if he refuses to sign the opinion or is unable to sign the opinion for other reasons, the branch committee (including the secretary of the branch without a branch committee) shall indicate it in the resolution.

The factual materials on which the disciplinary decision is based must be met with the person under review, his statement and defense heard, recorded truthfully, verified in a timely manner, and accepted reasonably; if not accepted, the reasons shall be explained. The factual materials shall be signed and written by the person under review. If there is a disagreement or refusal to sign and write an opinion, an explanation or indication of the circumstances shall be made.

Article 14 Under any of the following special circumstances, Party committees and discipline inspection committees at or above the county level may directly decide to impose Party discipline sanctions on party members who violate discipline:

(1) The case is confidential and sensitive;

(2) Discipline violation cases cross regions, departments and units;

(3) Party members who violate discipline are party members and cadres managed by party committees at or above the county level;

(4) The grassroots party organization where the discipline-violating party member belongs is unable to perform its duties normally, does not perform its duties correctly, or its person in charge is related to the discipline-violating issue;

(5) The meeting of party members of the party branch where the violating party member is located cannot reach a resolution in time after discussion, or the number of party members who can attend and have voting rights does not exceed half of all party members who should be present and have voting rights, and cannot hold a meeting of party members of the party branch to discuss and vote in time;

(6) Disciplinary committees at or above the county level are promoted to review party members managed by lower-level party committees (party groups);

(7) Other circumstances stipulated in the party constitution and relevant intra-party regulations.

Except as otherwise provided in Article 29, Article 31, and Paragraph 3 of Article 38 of these Regulations, the sanction of expelling a Party member who violates discipline must be reviewed and approved by the Commission for Discipline Inspection at or above the county level, or approved by the Commission for Discipline Inspection at or above the county level. After reviewing and agreeing, report to the party organization with the right to sanction approval to perform sanction approval procedures in accordance with these regulations.

Article 15 If the disciplinary committees at all levels plan to give party discipline sanctions to party members and cadres managed by the party committees at the same level, and at the same time suggest that they be given organizational punishment, they shall perform the sanction approval procedures in accordance with these regulations, and notify the organization department of the party committee at the same level of the organizational punishment proposal. If necessary, it can also be submitted to the party committee at the same level for review and approval after soliciting the opinions of the organization department of the party committee at the same level in writing.

Article 16 The discipline inspection committee at or above the county level directly decides to impose party discipline sanctions on the party members it examines in accordance with the provisions of the first paragraph of Article 14 of these regulations. If it needs to be reported to the party committee at the same level or the party organization at a higher level for approval, it should be submitted to the general office of the discipline inspection committee ( Office) to solicit written opinions from the organizational department of the party committee at the same level and the party committee (party group) where the person under review belongs.

If the party organization of the person under review is a unit party organization that accepts centralized leadership and management, or accepts centralized guidance, coordination, or supervision, the party committee (party group) of the person under review in the preceding paragraph refers to the centralized leadership, management unit, or responsible A unit party organization with guidance, coordination or supervision responsibilities.

The party group (party committee), the party's work organs, the institutions directly under the central and local party committees, the organs managed by the party's work organs, and the grass-roots party committees of the organs (hereinafter referred to as the party committees of the organs), and the party's grass-roots discipline inspection committees of the organs (hereinafter referred to as Discipline inspection committees of government agencies) should solicit opinions from dispatched discipline inspection and supervision teams before making decisions on party discipline sanctions.

Article 17 The party discipline punishment given to party members who violate discipline should be approved by the party committee in accordance with these regulations, and must be approved by the standing committee of the discipline inspection committee at the same level (if there is no standing committee, a plenary meeting of the discipline inspection committee shall be held, the same below) and reported within 15 days. The party committee at the higher level shall review and approve it; if it should be approved by the party organization at the higher level according to these regulations, it must also be reviewed and approved by the party committee at the same level, and then submitted to the discipline inspection committee at the next higher level for review and approval within 15 days according to the procedure; the party committee should review the disciplinary matters in a timely manner. If it is large and really necessary, it can also be brewed first by holding a special meeting of the secretary.

If a party member seriously violates discipline and is suspected of committing a crime, in principle, a party discipline sanction decision should be made first, and then transferred to the judiciary for handling in accordance with the law. If the circumstances of the case are difficult and complicated, it is difficult to grasp the factual evidence and the nature of the behavior, or there are major disputes, which may affect the result of party discipline, or it is urgent to transfer to the judicial organ for legal handling due to reasons such as the imminent expiration of the retention period, the Commission for Discipline Inspection and Supervisory Committee responsible for the review shall After deliberation and approval by the Standing Committee of the Discipline Inspection Commission at the same level, it may be transferred to the judicial organ first, and reported to the Discipline Inspection Commission at the next higher level for the record in a timely manner; among them, if the party discipline punishment must be reported to the Party Committee at the same level or the Party organization at the higher level for approval, it shall be transferred to the judicial organ on the day Report to the party committee at the same level for deliberation within 15 days, and no later than before the judiciary decides to initiate a public prosecution or makes a decision not to prosecute.

Party discipline sanctions given to members of the local party committee, alternate members, members of the local discipline inspection committee, and members of the supervisory committee must be submitted to the higher-level party organization for approval in accordance with these regulations. A written situation report shall be formed within 3 days to communicate with the higher-level disciplinary committee; the higher-level disciplinary committee shall conduct a review based on the disciplinary violation facts and punishment opinions stated in the written situation report, and provide timely feedback on the handling opinions. After accepting the case, the higher-level Discipline Inspection Commission shall carefully review it, and shall not be restricted by previous feedback and handling opinions.

Article 18 With the approval of more than two-thirds of the members who should be present at the plenary meeting of the Central Committee, the Central Committee members and alternate members may be dismissed from their positions in the party, retained by the Political Bureau of the Central Committee when the plenary meeting of the Central Committee is not in session. The decision to deal with party probation or expulsion from the party shall be ratified.

With the approval of more than two-thirds of the members present at the plenary meeting of the Central Commission for Discipline Inspection, the Central Commission for Discipline Inspection may be sanctioned by the Standing Committee of the Central Commission for Discipline Inspection before the plenary session of the Central Commission for Discipline Inspection is dismissed from the party, placed on probation or expelled from the party. The processing decision shall be ratified.

The plenary meetings of the local party committees and discipline inspection committees at all levels shall deal with the punishment of revocation of party posts, party probation, or expulsion from the party committee members, alternate members, and discipline inspection committee members at the corresponding level made by the local party committee and the standing committee of the discipline inspection committee during the adjournment of the plenary meeting. Ratification shall be carried out with reference to the procedures stipulated in the preceding two paragraphs.

Ratification shall be carried out at the next plenary meeting of the corresponding Central Committee, Central Commission for Discipline Inspection or local Party Commission and Disciplinary Commission plenary meeting after the party discipline punishment decision is made on the personnel involved in the first three paragraphs.

Those involved in the first three paragraphs who have seriously violated the criminal law must be expelled from the party. The Political Bureau of the Central Committee and the Standing Committee of the local Party Committee respectively made the award of the Central Committee members, alternate members and members of the local Party Committee who have seriously violated the criminal law in accordance with the provisions of Article 24, Item 2, and Article 27, Paragraph 1, Item 2 of these Regulations. , The decision on the expulsion of an alternate member from the party does not need to go through the ratification procedures stipulated in paragraphs 1 and 3 of this article.

Article 19: Discipline inspection commissions at all levels shall, in accordance with these regulations, report to the party committee at the same level or the party organization at a higher level for approval to make a party discipline sanction decision, and after the sanction decision is implemented, the sanction decision of the previous quarter shall be implemented in accordance with the procedures before the 15th day of the first month of each quarter. (Including the announcement of punishment) The situation is summarized and reported to the party committee at the same level or the party organization at a higher level.

Article 20 The following disciplinary matters approved by the party organization shall be filed in accordance with the following requirements after the party discipline sanction decision is made:

(1) After the Central Commission for Discipline Inspection approves the disciplinary matters involved in items 1 to 3 of Article 34 of these regulations, the Central Commission for Discipline Inspection shall report to the Party Central Committee for record;

 (2) After the party committees of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the provincial party committees) approve the disciplinary matters involved in the third paragraph of Article 27 of these regulations, the provincial, autonomous region, and municipal discipline inspection commissions (hereinafter referred to as the provincial discipline inspection commissions) report to the Central Commission for Discipline Inspection filing;

(3) After the local party committee approves the disciplinary matters involved in item 1, paragraph 1, Article 27 of these regulations, if the punished person is an in-service leading cadre who needs to be reported to the higher-level party committee for the record according to the regulations, the local disciplinary committee shall report First-level Discipline Inspection Commission for the record;

(4) After the local discipline inspection committee approves the disciplinary matters involved in items 1 to 7 and paragraph 3 of the first paragraph of Article 37 of these regulations, the local discipline inspection committee shall report to the party committee at the same level for record; among them, Article 37 of this regulation The disciplinary matters involved in Item 3 of Paragraph 1 must also be reported to the Disciplinary Committee at the next higher level for record;

(5) After the party's grassroots discipline inspection committee (hereinafter referred to as the grassroots discipline inspection committee) and the party's street discipline inspection and supervision work committee review and approve the disciplinary matters involved in paragraphs 1 and 2 of Article 38 of these regulations, they shall report accordingly for approval The grass-roots party committees at the same level (hereinafter referred to as the grass-roots party committees) and the party's street work committees at the same level as the probationary party members shall file for the record;

(6) After deliberating and approving the disciplinary matters involved in Article 30, paragraph 2, and Article 39 of these regulations, the party committee of the agency and the discipline inspection committee of the agency shall report to the party group (party committee) and the party work agency for the record; the discipline inspection committee of the agency shall review and approve this After the disciplinary matters involved in Article 39 are stipulated, they must also be reported to the party committee of the organ for record.

For the record-filing work mentioned in the preceding paragraph, the party organization responsible for reporting shall, before the 15th of the first month of each quarter, summarize and report to the corresponding party organization the cases in which Party discipline sanctions have been imposed on in-service party members and cadres in the previous quarter.

Article 21. If a party member who has been punished for probation in the party shows repentance, after the probation period expires, a resolution will be discussed at the party branch meeting of the party branch where he or she belongs, and will be reported to the original party disciplinary sanction decision after deliberation by the grassroots party committee. The party organization's next-level party committee (party group) deliberates and approves. If the party committee (party group) agrees to restore the rights of party members on schedule, it shall make a decision to restore the rights of party members and copy the original party organization that made the party discipline decision. Where a grassroots party committee approves the punishment of party probation for a party member, the grassroots party committee shall approve the restoration of the party member's rights, and the decision to restore the party member's rights shall be issued by the grassroots party committee or the grassroots discipline inspection committee.

Party members who have been punished for party probation for one year, after the expiration of the party probation period, the party committee (party group) at the next level of the party organization that originally made the party disciplinary sanction decision considers that they still do not meet the conditions for restoring party members' rights, and the original party disciplinary action shall be made after reporting to the original party. Approved by the party organization that decided on the sanction, a decision was made to extend the one-year period of probation in the party.

During the period of party probation, if a party member persists in not correcting or discovers other disciplinary violations that should be punished by the party, he shall be expelled from the party, and the disciplinary inspection agency with the authority to supervise discipline enforcement shall perform the sanction approval process.

If a party member who has been punished by party probation transfers his party member organization relationship during the party probation period, the party organization that accepts his party member organization relationship shall restore his party member rights, extend the one-year party probation period, or He was given the punishment of expulsion from the party, and copied the original party organization that made the party discipline decision.

If the party branch of the party member who is subject to the punishment of party probation has the circumstance specified in Item 5 of the first paragraph of Article 14 of these regulations, it can be handled in accordance with the procedures stipulated in the first paragraph of this article after direct deliberation by the grassroots party committee.

If the party members who are subject to party probation are affiliated with the party's working committee, the provisions of the previous five paragraphs shall be followed.

Article 22 After party members have been placed on party probation and their rights as party members have been restored, it is discovered that during the period of party probation they have committed new violations of discipline that should be punished by the party, or they are found to have committed other disciplinary actions that they did not explain before receiving party probation. For violations of party discipline that have been punished by the party, the party organization that made the decision to restore the rights of party members shall revoke the original decision, and the discipline inspection agency with the authority to supervise discipline enforcement shall give him the sanction of expulsion from the party in accordance with the procedures, and copy the party that made the original party discipline sanction decision. organize.

Chapter 3 The Party Central Committee and Party Committees (Party Groups) at All Levels Approval Authority for Sanctions

Article 23 During the plenary session of the Central Committee, upon decision by a majority of more than two-thirds of the members who should be present at the plenary session of the Central Committee, members and alternate members of the Central Committee may be given sanctions of removal from Party posts, Party probation, or expulsion from the Party. .

Article 24 The Political Bureau of the Central Committee approves the following disciplinary matters:

(1) When the plenary session of the Central Committee is not in session, the members and alternate members of the Central Committee shall be given sanctions such as removal from party posts, party probation, or expulsion from the party;

(2) Dismiss members and alternate members of the Central Committee who have seriously violated the criminal law and be expelled from the Party.

Article 25: The Standing Committee of the Political Bureau of the Central Committee approves the punishment of relevant party leading cadres.

Article 26 During the plenary meeting of the local party committee, if the members and alternate members of the local party committee at the same level are given sanctions of removal from party posts, party probation, or expulsion from the party, more than two-thirds of the members should be present at the local party committee plenary meeting. After the decision is made by the majority and submitted to the Standing Committee of the Discipline Inspection Commission at the next higher level for deliberation and approval in accordance with the procedures, the Discipline Inspection Commission at this level will report to the Standing Committee of the Party Committee at the same level for deliberation and approval.

When the plenary meeting of the local party committee is not in session, the standing committee of the local party committee may first make a decision on disposing of the members and alternate members of the party committee at the same level as removal from party positions, party probation, or expulsion from the party, and perform the sanction review and approval procedures in accordance with the provisions of the preceding paragraph.

Article 27 The standing committee of the local party committee approves the following disciplinary matters:

(1) Dismissing party members and cadres who are appointed or dismissed by the party committee at the same level;

(2) Expelling party members and alternate members of the party committee at the same level who have seriously violated the criminal law;

(3) Disciplinary committee members at the same level who have seriously violated the criminal law will be expelled from the party;

(4) Sanctions of revoking party posts, party probation, or expulsion from the party to members and alternate members of the local party committee at the next lower level;

(5) Sanctions of removal from Party positions, Party probation, or expulsion from the Party by the secretary or deputy secretary of the next-level local discipline inspection committee;

(6) Other disciplinary matters stipulated in the party constitution and relevant intra-party regulations.

The party's regional committees and organizations equivalent to regional committees, as well as representatives sent by local party committees at or above the level of districted cities (excluding districts directly under the central government, the same below) in specific areas such as development zones and state-level new areas that have been granted social management authority Organs shall exercise the power of approval to punish party members who violate discipline with reference to the provisions of the preceding paragraph.

The Standing Committee of the Provincial Party Committee approved the punishment of revoking party posts, party probation, or expulsion from the party to members of the provincial discipline inspection commission.

The Standing Committee of the Party Committee of the Xinjiang Uygur Autonomous Region approved the punishment of dismissal of members and alternate members of the Party Committee of the Xinjiang Production and Construction Corps, removal from Party positions, Party probation, or expulsion from the Party.

Article 28 After deliberation and reporting by the grass-roots discipline inspection committee responsible for the review, the grass-roots party committee with the authority to examine and approve probationary party members may approve the following sanctions of party probation to the person under review, except that the problems involved by the person under review are relatively important or complicated.

The Party's sub-district work committees and representative agencies dispatched by county-level local Party committees in specific areas such as development zones shall exercise the power of approval to punish party members who violate discipline in accordance with the provisions of the preceding paragraph.

Article 29: Grass-roots party committees that meet one of the following conditions may directly decide to impose party discipline sanctions on party members who violate discipline in accordance with the provisions of Article 14 of these Regulations, and may approve the punishment of expulsion from party membership for party members who violate discipline:

(1) The lower-level party organization has the authority to examine and approve probationary party members;

(2) The party and state organs and institutions where they belong are above the deputy bureau level;

(3) The party committee at the next higher level is a party committee at or above the city level with districts.

Article 30: Party groups (party committees) and party work organs that impose party disciplinary sanctions on party members among the personnel under their management according to the cadre and personnel management authority shall discuss and decide collectively in accordance with prescribed procedures. Among them, more than two-thirds of the members must attend the party group (party committee) meeting, the party's work department (department, office) meeting or committee meeting, and more than half of the members who should be present at the meeting must approve it.

Party members who have not been discussed at the party group (party committee) meeting, the party's work department (department, office) meeting, or committee meeting to decide on appointment or dismissal, but belong to the party group (party committee) and party work organization's management are given party disciplinary sanctions. It can also be reported to the Party Committee of the organization by the Disciplinary Committee of the organization where it is located for review and approval; if the punishment of expulsion from the Party is imposed, it must also be reported to the Party Group (Party Committee) meeting, the Party’s work department (department, office) meeting or committee meeting for review and approval.

Institutions directly under the central and local party committees, and organs managed by the party's work organs shall impose party discipline sanctions on party members among the personnel under their management according to the cadre and personnel management authority, and exercise the authority to approve party members who violate discipline in accordance with the provisions of the previous two paragraphs.

Among the representative organs sent by the central and local party committees, if they are not party working organs, unless otherwise stipulated in these regulations and relevant internal party regulations, they can refer to the party working organs to exercise the authority to sanction party members who violate discipline.

Article 31 The party group (party committee), the party's working organs, the institutions directly under the central and local party committees, the organs managed by the party's working organs, and the representatives sent by the central and local party committees mentioned in the fourth paragraph of article 30 of these regulations Organs that meet one of the following conditions may directly decide to impose party discipline sanctions on party members who violate discipline in accordance with the provisions of Article 14 of these Regulations, and may approve the punishment of expulsion from party membership for party members who violate discipline:

(1) The grass-roots party committee of the unit where he or she works has the authority to examine and approve probationary party members;

(2) The party and state agency where the specification is above the county level or above;

(3) The party committee at the same level is a party committee at or above the city level with districts.

Article 32 The party committee of a public institution that implements the administrative leader responsibility system under the leadership of the party committee may, according to the management authority of cadres and personnel, approve party discipline sanctions for party members among the personnel under its management.

The party organizations of public institutions that implement the administrative leader responsibility system can approve and give Party discipline sanctions to party members among the personnel under their management after full communication with the main leaders of the party and government according to the authority of cadres and personnel management and the role of the party organization in the selection and appointment of personnel. .

For public institutions that are not authorized to manage cadres and personnel, and are managed by the higher-level party organization, the higher-level party organization may approve party discipline sanctions for party members among the staff of the public institution.

The party organization mentioned in the second and third paragraphs of this article does not include the general party branch and party branch.

Chapter IV Disciplinary Inspection Organs Approval Authority for Sanctions

Article 33 During the plenary meeting of the Central Commission for Discipline Inspection, the plenary meeting of the Central Commission for Discipline Inspection shall make a decision by a majority of more than two-thirds of the members who should be present at the meeting. After the decision is submitted to the Standing Committee of the Political Bureau of the Central Committee for approval, the Central Commission for Discipline Inspection will make a decision on party discipline sanctions.

When the plenary meeting of the Central Commission for Discipline Inspection is not in session, the Standing Committee of the Central Commission for Discipline Inspection may first make a decision on disposing of members of the Central Commission for Discipline Inspection, such as dismissal from the party, probation in the party, or expulsion from the party. After reporting to the Standing Committee of the Politburo for approval, the Central Commission for Discipline Inspection will make a decision Party discipline decision.

Article 34 The Standing Committee of the Central Commission for Discipline Inspection approves the following disciplinary matters:

(1) Give warnings and serious warnings to mid-level cadres below the provincial and ministerial level (excluding the provincial and ministerial level) and to mid-level cadres in units whose administrative levels are not specified;

(2) Giving warnings and serious warnings to provincial party committee members and alternate members;

(3) Give party disciplinary sanctions to members of the Standing Committee of the Provincial Commission for Discipline Inspection (excluding secretary and deputy secretary, the same below), and members of the Supervisory Committee;

(4) Other disciplinary matters stipulated in the party constitution and relevant intra-party regulations.

Article 35 The Central Commission for Discipline Inspection's working meeting approves the following disciplinary matters:

(1) Give party discipline sanctions to Party members who are not centrally managed cadres of the Central Commission for Discipline Inspection and the State Supervisory Commission, or directly affiliated units;

(2) Give party disciplinary sanctions to party members assigned by the Central Commission for Discipline Inspection and the State Supervisory Commission who are not cadres in charge of the Central Committee;

(3) Give party discipline sanctions to party members who are not centrally managed cadres and who have resigned from the Central Commission for Discipline Inspection, the State Supervisory Commission, directly affiliated units, and stationed and dispatched institutions.

If the disciplinary violations of the personnel mentioned in Item 3 of the preceding paragraph mainly occurred after their resignation and are not related to the positions they held in the units mentioned in the preceding paragraph before their resignation, the procedures for approval of punishment shall be performed in accordance with the provisions of Article 3 of these Provisions.

Article 36 During the plenary meeting of the local discipline inspection committee, the plenary meeting of the local discipline inspection committee should be attended by a majority decision of more than two-thirds of the members who should be present at the plenary meeting, and the discipline inspection committee member at the same level may be given a sanction of dismissal from the party, party probation, or expulsion from the party. The handling decision shall be submitted to the standing committee of the local party committee at the same level for deliberation and approval, and the local discipline inspection committee shall make a decision on party discipline punishment. Among them, those who are members of the discipline inspection committee below the city level with districts must also report to the standing committee of the discipline inspection committee at the next higher level for review and approval in accordance with the procedures.

During the adjournment of the plenary meeting of the local discipline inspection committee, the standing committee of the local discipline inspection committee may first make a decision to give the members of the discipline inspection committee at the same level the punishment of removal from the party, probation in the party, or expulsion from the party. Make a party discipline decision.

Article 37 The Standing Committee of the Local Commission for Discipline Inspection approves the following disciplinary matters:

(1) To give warnings and serious warnings to party members and cadres who are discussed and decided by the local party committee at the same level;

(2) Give party discipline sanctions to party members and cadres who have not been discussed and decided to appoint or dismiss by the local party committee at the same level, but are under the management of the local party committee at the same level;

(3) Giving warnings and serious warnings to members of the Disciplinary Committee at the same level;

(4) Giving warnings and serious warnings to members and alternate members of the local party committee at the next lower level;

(5) To give warnings and serious warnings to the secretary and deputy secretary of the local discipline inspection committee at the next lower level;

(6) Give party discipline sanctions to members of the Standing Committee of the local Disciplinary Committee and the Supervisory Committee at the next lower level;

(7) Sanctions of revoking party positions, party probation, or expulsion from the party to members of the lower-level local discipline inspection committee;

(8) To give Party discipline sanctions to party members of the Disciplinary Commission and Supervisory Committee organs, units directly under the Discipline Inspection Commission at the same level, and stationed and dispatched institutions;

(9) Other disciplinary matters stipulated in the party constitution and relevant intra-party regulations.

Regional discipline inspection commissions and other discipline inspection agencies equivalent to regional discipline inspection commissions, as well as discipline inspection and supervision commissions dispatched by districted city-level and above local discipline inspection and supervision commissions in specific areas such as development zones and national-level new areas that have been granted social management authority, refer to the preceding paragraph. It is stipulated that the authority to approve the punishment of violating party members shall be exercised.

The Standing Committee of the Discipline Inspection Commission of the Xinjiang Uygur Autonomous Region approved the punishment of warnings and serious warnings to the Party Committee members and alternate members of the Xinjiang Production and Construction Corps. The party committee members were punished for party discipline.

Article 38 The grassroots discipline inspection committee may approve the punishment of warning or serious warning to the person under review in the case it examines; if the issues involved are relatively important or complicated, it shall be approved by the party committee at the same level after deliberation and approval in accordance with the procedures. The discipline inspection commission at or above the county level shall review and approve the right.

The party's sub-district discipline inspection and supervision committees and county-level discipline inspection and supervision committees dispatched in specific areas such as development zones shall exercise the power of approval to punish party members who violate discipline with reference to the provisions of the preceding paragraph.

For grassroots party committees that meet the provisions of Article 29 of these regulations, the discipline inspection committees at the same level may directly decide to impose party discipline sanctions on party members who violate discipline in accordance with the provisions of Article 14 of these regulations, and may approve the punishment of Disciplinary party members are expelled from the party.

Article 39 Party members among the personnel managed by the party group (party committee) and the party's work organs have not been discussed and decided on appointment or dismissal at the party group (party committee) meeting, the party's work department (department, office) meeting or committee meeting Those who are given warnings or serious warnings may be reviewed and approved by the agency's discipline inspection committee.

Chapter V Disciplinary Approval Authority and Special Circumstances of Procedures

Article 40 Discipline-violating party members who are cadres of a unit that implements vertical management or dual leadership with the leadership of the higher-level unit as the main unit, and concurrently serves as a member of the local party committee, an alternate member, or a member of the local discipline inspection committee, shall be punished by the local discipline inspection committee in accordance with these regulations. Procedures, and copy the party discipline decision to the party group (party committee) of the competent unit. Among them, where the local disciplinary committee files a case for review, it shall go through the disciplinary inspection and supervision team assigned to supervise discipline enforcement or the discipline inspection organization established within the competent unit to solicit the opinions of the party group (party committee) of the competent unit before performing the sanction approval procedure.

Article 41. Party members and cadres who violate the discipline and discipline of party members and cadres who transfer their organizational relationship to the aid or temporary unit without changing the personnel relationship with the original unit shall generally be in accordance with the cadre personnel management authority corresponding to the position and rank of the original unit. Determine the sanction approval authority and implement the sanction approval procedures. If the violation of discipline is closely related to the aid dispatch or the post held during the temporary post period, if necessary, the sanction approval authority can be determined according to the cadre personnel management authority corresponding to the position, and the sanction approval procedure should be performed, but before the sanction decision is made, the Solicit opinions from the original unit on the cadre personnel management authority corresponding to the position and rank of the original unit.

Where higher-level party committees entrust lower-level party committees with Party discipline sanctions for Party members and cadres, the lower-level party committees and discipline inspection commissions may perform the sanction approval procedures in accordance with these regulations.

Article 42: To give Party discipline sanctions to Party members whose organizational relationship has been transferred out but not yet accepted, the original Party organization shall perform the sanction review and approval procedures in accordance with these regulations. If the party organization has been revoked, it shall be handled by the party organization that continues to exercise its functions and powers or the party organization at the next higher level.

Party disciplinary sanctions are given to mobile party members who have not transferred their organizational relationship and party members whose party membership has been suspended, and the party organization where their organizational relationship is located shall perform the sanction approval procedures in accordance with these regulations.

Article 43: To give party disciplinary sanctions to party members and cadres who leave public positions or retire due to reasons such as resignation from public office, the authority for sanction approval and the procedures for sanction approval are generally determined according to their cadre and personnel management authority when they were in office. If the violation of discipline occurs after leaving the public office, and it is not related to the position or rank of the original unit, the party organization where the organizational relationship is located shall perform the sanction approval process in accordance with these regulations. Those who retake public office after leaving public office shall go through the sanction approval procedures in accordance with Article 3 of these Regulations. After the party discipline decision is made, it shall be copied to the party organization where the party member who violated the discipline belongs to for execution.

Article 44: Party discipline sanctions shall be given to retirees from state-owned enterprises whose party members’ organizational relations have been transferred to the corresponding party’s sub-district working committees and community (village) party organizations under their jurisdiction and who have implemented socialized management. The supervisory work committee shall review and approve, among which, those who are given sanctions of revocation of party positions, party probation, or expulsion from the party must also report to the street working committee of the party at the same level for review and approval. The Standing Committee of the Local Commission for Discipline Inspection of the Supervisory Committee reviewed and approved it.

For retirees from state-owned enterprises mentioned in the preceding paragraph, if their disciplinary violations mainly occurred during their in-service period or are closely related to their duties during their in-service period, the corresponding disciplinary commissions and supervisory commissions, dispatched disciplinary inspection and supervision teams, or disciplinary inspection organizations established within state-owned enterprises If, after the review, it is deemed that party discipline sanctions should be given, the sanction approval authority can be determined according to the cadre personnel management authority before retirement, and the sanction approval procedures can be performed. After the party discipline decision is made, it should be copied to the corresponding party's street work committee and the party's street discipline inspection and supervision committee for execution. For those who are subject to party probation, the party's street discipline inspection and supervision committee shall, in accordance with the conditions stipulated in paragraphs 1 to 3 of Article 21 of these regulations, discuss and form a resolution at the party branch meeting where it is located, and report to the party's street After deliberation and approval by the working committee, it shall make a decision to restore its party member rights, extend the one-year period of party probation, or give him a sanction of expulsion from the party, and copy the original party organization that made the decision on party discipline sanctions; It is required to report to the Standing Committee of the Local Discipline Inspection Commission of the Party's Street Discipline Inspection and Supervision Working Committee for review and approval.

Party disciplinary sanctions shall be given to retirees from state-owned enterprises whose party members' organizational relations have been transferred to the corresponding township (street) party committees and village (community) party organizations under their jurisdiction, and socialized management shall be implemented, in accordance with the provisions of the preceding two paragraphs.

Article 45 Party discipline sanctions given to party members among retired military officers who are transferred to the people's government in the form of retirement can generally be based on their rank or military rank before retirement (applicable to retired military officers after the reform of the military rank system dominated by military ranks, The same) shall be reviewed and approved by the corresponding standing committee of the local discipline inspection committee. Among them, those who are given the sanction of revocation of party positions, party probation, or expulsion from the party must also report to the standing committee of the local party committee at the same level for review and approval.

Before retiring, the divisional officers (colonel officers and civilian cadres of corresponding ranks) and regimental officers (colonels, lieutenant colonel officers and civilian cadres of corresponding ranks) should generally be punished by provincial discipline inspection committees and districted city discipline inspection committees respectively. Approval procedures; for officers below the battalion rank (officers below a major and civilian cadres at the corresponding rank), the county-level discipline inspection commission is responsible for performing the sanction approval procedures.

Article 46 Party disciplinary sanctions shall be given to party members among retired military officers who are placed in the form of monthly retirement pay or independent job selection and have not been suspended from retirement pay, and shall be reviewed and approved by the standing committee of the county-level discipline inspection committee at the place where their organizational relationship is located. Removal of internal Party positions, probation within the Party, or expulsion from the Party must also be reported to the Standing Committee of the local Party Committee at the same level for deliberation and approval.

Party disciplinary sanctions shall be given to retired military officers who have been retired through demobilization, and to party members among retired sergeants who have been placed in the form of monthly retirement pay, self-employment, retirement, or support.

Article 47 Disciplinary violations of retired military officers and non-commissioned officers mentioned in Articles 45 and 46 of these Provisions mainly occurred during their service or were closely related to their duties during their service and were reviewed by the military discipline inspection organs. , The military discipline inspection agency can perform the sanction approval procedure and make a party discipline sanction decision in accordance with the sanction approval authority corresponding to the post before retirement, and copy to the county-level party committee and discipline inspection committee where the retired officer and sergeant organization relationship is located for implementation.

Where the disciplinary violations mentioned in the preceding paragraph are filed for review by the local discipline inspection agency, the local discipline inspection agency may perform the sanction review and approval procedures in accordance with the provisions of Articles 45 and 46 of these Regulations.

Article 48: Where a disciplinary inspection agency with the authority to supervise and enforce discipline finds that a probationary party member has violated party discipline and the circumstances are relatively minor, and the qualifications for probationary party members can be retained, they may be directly criticized and educated or the preparatory period may be extended once in accordance with the procedures; if the circumstances are serious , should be disqualified as a probationary party member in accordance with the procedures.

To extend the probationary period and cancel the qualifications of probationary party members, the disciplinary inspection agency with the authority to supervise and enforce disciplines shall submit written suggestions to the party organization where the probationary party member is located. Form a resolution and submit it to the grassroots party committee that has the authority to examine and approve probationary party members for approval before making a decision.

If the organizational relationship of the probationary party member is subordinate to the party's working committee, it shall be implemented in accordance with the provisions of the preceding paragraph.

Chapter VI Supplementary Provisions

Article 49 The authority determined in these regulations is the minimum authority that should be followed.

Article 50 The term "above" and "below" mentioned in these regulations includes the same level and the number unless otherwise specified.

Article 51 The term "serious violation of the criminal law" as mentioned in these Provisions refers to being sentenced to criminal punishment by the people's court for a crime.

Article 52: The term "performance of sanction approval procedures" as mentioned in these regulations refers to the deliberation and approval of sanction matters in accordance with the sanction approval authority and procedures determined in these regulations, and the decision on party discipline sanctions is made in accordance with the procedures.

Article 53 The term “supervising and discipline-enforcing authority” as mentioned in these regulations means that in accordance with the provisions of the hierarchical responsibility system for supervising and discipline-enforcing work, Party members suspected of violating discipline have the right to exercise supervision and discipline-enforcement duties, and have the right to file a case for review of their violations of discipline. , have the right to propose party discipline sanctions against them or make party discipline sanction decisions in accordance with procedures.

Article 54 The Central Military Commission shall formulate the provisions on the approval authority and procedures for punishing Party members who violate discipline.

Article 55 The Central Commission for Discipline Inspection is responsible for interpreting these regulations.

Article 56 These regulations shall come into force on the date of promulgation. The Central Commission for Discipline Inspection issued on July 6, 1983 the "Specific Provisions on the Approval Authority of Party Members Who Violate Party Discipline" and the "Notice on Amending the Specific Provisions on the Approval Authority of Party Members Who Violate Party Discipline" issued on March 28, 1987 " is abolished at the same time. If the previous relevant regulations are inconsistent with this regulation, this regulation shall prevail.


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“两个确立”与“两个维护”内在统一的本质和要求

胡长栓

2022年10月21日09:24    来源:人民网-人民论坛

《中共中央关于加强党的政治建设的意见》指出,“加强党的政治建设”,必须“坚决维护习近平总书记党中央的核心、全党的核心地位,坚决维护党中央权威和集中统一领导”,明确了中国特色社会主义进入新时代,面对实现中华民族伟大复兴战略全局和世界百年未有之大变局,中国共产党团结带领中国人民全面建设社会主义现代化国家、全面推进中华民族伟大复兴,必须坚决做到“两个维护”的实践要求。党的十九届六中全会通过的《中共中央关于党的百年奋斗重大成就和历史经验的决议》深刻总结中国共产党百年特别是中国特色社会主义进入新时代以来踔厉奋发所取得的伟大成就、积累的宝贵经验,指出,“党确立习近平同志党中央的核心、全党的核心地位,确立习近平新时代中国特色社会主义思想的指导地位,反映了全党全军全国各族人民共同心愿,对新时代党和国家事业发展、对推进中华民族伟大复兴历史进程具有决定性意义。”“两个确立”为新时代中国共产党团结带领中国人民奋进新征程奠定了重要思想基础。“两个确立”和“两个维护”着眼实现中华民族伟大复兴中国梦的历史使命,二者同质同向、同源同核,共同从理论和实践两个层面为实现中华民族伟大复兴提供了重要的思想和政治保证。

“两个确立”的理论品质

立足实践,理论和实践的辩证关系体现为从实践到理论再到实践的实践演进过程;立足理论,理论和实践的辩证关系则体现为从理论到实践再到理论的理论发展过程。但无论是立足实践,还是立足理论,二者都充分证明着理论和实践相统一、相结合的共同原则和要求,这种原则具体说来就是,没有理论的实践必然是盲目的,没有实践的理论必然是抽象的;这种要求具体说来就是,在对实践经验的总结中升华理论,在思想理论的指导下开展实践。正是因为如此,马克思指出:“人应该在实践中证明自己思维的真理性,即自己思维的现实性和力量,自己思维的此岸性。”列宁指出:“没有革命的理论,就不会有革命的运动。”中国共产党作为马克思主义政党,坚持理论和实践相统一,高度重视推进理论创新在党和国家事业发展中的重要作用,不断在总结实践经验的基础上推进理论创新,推进马克思主义中国化、时代化、大众化,及时把党的创新理论确立为党和国家事业发展的指导思想,把科学理论转化为认识世界、改造世界的强大物质力量,为实践提供重要思想指引。

“两个确立”深刻体现了中国共产党勇于推进理论创新的理论追求。习近平总书记指出:“一个民族要走在时代前列,就一刻不能没有理论思维,一刻不能没有正确思想指引。”深刻揭示了理论思维对一个民族、国家发展所具有的重要意义,充分展现了中国共产党对理论创新的高度自觉。理论思维是一个人、民族、国家内在的气质,是人类理性和文明的体现,理论思维水平决定着理论的深度、理论创新的力度和实践的理性维度。一百多年来,中国共产党不断推进理论创新,在理论创新中夺取新民主主义革命伟大胜利、完成社会主义革命和推进社会主义建设、进行改革开放和社会主义现代化建设、开创中国特色社会主义新时代,形成了勇于推进理论创新的鲜明品格和理论追求。中国共产党的百年不仅是团结带领中国人民在实现中华民族伟大复兴道路上不断书写奇迹的实践创造过程,也是坚持把马克思主义基本原理同中国具体实际相结合,不断开辟马克思主义中国化时代化新境界、实现马克思主义中国化新的飞跃的理论创新过程。

回顾中国共产党勇于推进理论创新的历程,以毛泽东同志为主要代表的中国共产党人,把马克思主义基本原理同中国新民主主义革命、社会主义建设的具体实际相结合,坚决反对本本主义、教条主义,坚持推进实践基础上的理论创新,创立、丰富和发展了毛泽东思想;以邓小平同志、江泽民同志、胡锦涛同志为主要代表的中国共产党人,着眼改革开放和社会主义现代化建设的伟大实践,坚持解放思想、实事求是,不断推进马克思主义理论的创新发展,形成中国特色社会主义理论体系,实现了马克思主义中国化新的飞跃;以习近平同志为主要代表的中国共产党人,坚持把马克思主义基本原理同中国具体实际相结合、同中华优秀传统文化相结合,坚持毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观,深刻总结并充分运用党成立以来的历史经验,从新的实际出发,创立了习近平新时代中国特色社会主义思想,实现了马克思主义中国化新的飞跃。“两个确立”深刻体现了中国共产党理论创新的自觉和追求,是立足新时代中国特色社会主义实践,对马克思主义政党必须确立自己的领导核心和指导思想这一原则的遵循与创新发展。

“两个确立”深刻体现了中国共产党善于总结历史经验的理论品质。在谈到对未来社会的构想时,马克思指出:“新思潮的优点就恰恰在于我们不想教条式地预料未来,而只是希望在批判旧世界中发现新世界。”所谓“批判旧世界”就是要在总结历史经验、汲取历史教训中推进理论创新,找到前行的路。重视和善于总结历史经验是我们党的一个优良传统,也是我们党不断进行自我革命和推进理论创新的重要方法论与理论品质。对此,毛泽东同志曾表示“我是靠总结经验吃饭的”,并在总结中国革命的经验教训时指出,“错误和挫折教训了我们,使我们比较地聪明起来了,我们的事情就办得好一些。”邓小平同志指出,“过去的成功是我们的财富,过去的错误也是我们的财富”,并且强调:“问题解决得是不是正确,关键在于我们是否能够理论联系实际,是否善于总结经验,针对客观现实,采取实事求是的态度,一切从实际出发。”中国特色社会主义进入新时代,习近平总书记更是高度重视在总结历史经验中推进理论创新,强调“历史是最好的教科书”,并在党史学习教育动员大会上的讲话中指出:“我们党一步步走过来,很重要的一条就是不断总结经验、提高本领,不断提高应对风险、迎接挑战、化险为夷的能力水平。”

回顾中国共产党善于总结历史经验的实践,遵义会议总结红军第五次反“围剿”失败和长征初期严重受挫的经验教训,开始形成以毛泽东同志为核心的党的第一代中央领导集体。延安整风运动深入总结历史经验,通过了《关于若干历史问题的决议》,使全党对中国革命基本问题的认识达到一致,以此为基础,党的七大进一步总结以往革命经验,确立了毛泽东思想在全党的指导地位,使全党在思想上政治上组织上达到空前统一和团结。之后,根据中国特色社会主义建设事业的需要,又先后确立邓小平理论、“三个代表”重要思想、科学发展观在全党的指导地位。党的十九届六中全会通过的《中共中央关于党的百年奋斗重大成就和历史经验的决议》强调“两个确立”的决定性意义,就是对中国共产党百年奋斗的历史经验、中国特色社会主义进入新时代取得的历史性成就、实现的历史性变革的经验总结和理论创新。

“两个维护”的实践品性

相对于“两个确立”的理论本质和思想意义,“两个维护”则主要反映新时代的实践要求,具有具体化的实践品性。社会主义社会是在对资本主义的批判中产生的,它的历史先进性就体现为通过对资本主义社会的批判所建立的社会主义社会原则,比如对“资本”为本的批判,确立了“社会”为本的原则;对私有制的批判,确立了公有制的原则;对按资分配的批判,确立了按劳分配的原则等,而这一切都贯穿着通过对自由主义的个体观念的批判所确立的统一的集体观念。由此,思想上的统一、行动上的一致、力量上的同向,就成为社会主义社会历史先进性重要的实践要求,这也与无产阶级有组织有纪律因而也最能够团结同心的历史先进性是一致的。中国特色社会主义建设不断取得巨大成就的历史经验已在实践上充分证明了这一点。“两个维护”创造性地表达了社会主义社会保持历史先进性的实践原则,是新时代不断把民族复兴历史伟业推向前进必须遵循的实践要求。

一是应对百年未有之大变局加速演进必须遵循的实践要求。近代以来,世界各国在经济上相互融通、政治上相互影响、文化上相互交融、生态上相互依存的一体化演进与发展历程,使时代特征和国际形势成为影响世界各国发展的重要因素。对时代特征和国际形势的科学判断,是一个国家制定路线、方针、政策的重要依据,“两个维护”就是体现当今时代特征和国际形势的实践要求。

善于在科学判断国际形势、深刻总结时代特征中推动理论创新、推进实践发展,把民族复兴伟业融入世界发展进程之中,是中国共产党的优秀品质和重要成功经验。“现在的世界,是处在革命和战争的新时代”,新民主主义革命时期,毛泽东同志科学判断国际形势和时代特征,提出了“革命和战争”的时代主题,夺取新民主主义革命伟大胜利、进行社会主义建设。1985年,邓小平同志指出,“现在世界上真正大的问题,带全球性的战略问题,一个是和平问题,一个是经济问题或者说发展问题”,改革开放和社会主义现代化建设时期,党科学判断时代特征和国际形势,提出和平与发展是当今时代的主题,取得改革开放和社会主义现代化建设的伟大成就。

中国特色社会主义进入新时代,习近平总书记深刻洞察世界正在经历的大态势、也是中国面临的大态势,提出了“世界处于百年未有之大变局”的科学论断,成为新时代推进中华民族伟大复兴历史进程的重要思想基础。习近平总书记在省部级主要领导干部“学习习近平总书记重要讲话精神,迎接党的二十大”专题研讨班上的重要讲话中指出:“谋划和推进党和国家各项工作,必须深入分析国际国内大势,科学把握我们面临的战略机遇和风险挑战。当前,世界百年未有之大变局加速演进,世界之变、时代之变、历史之变的特征更加明显。”面对世界百年未有之大变局的加速演进,要坚定共产主义的崇高信仰,坚守人民至上的根本立场,坚定不移沿着中国特色社会主义道路继续前进,不走封闭僵化的老路,不走改旗易帜的邪路,就需要统一全国人民的思想,凝聚全国人民的力量,集合全国人民的行动,就必须在实践上坚决维护习近平总书记党中央的核心、全党的核心地位,坚决维护党中央权威和集中统一领导。

二是新时代推进中华民族伟大复兴历史进程必须遵循的实践要求。中国共产党团结带领中国人民百年奋斗的伟大实践,及其先后在政治、经济、文化、社会、生态文明等方面不断取得的巨大成就,赋予新时代推进中华民族伟大复兴历史进程的历史使命。全面建设社会主义现代化国家,实现新时代新征程各项目标任务,关键在党。习近平总书记指出:“一百年来,中国共产党团结带领中国人民进行的一切奋斗、一切牺牲、一切创造,归结起来就是一个主题:实现中华民族伟大复兴。”在实现中华民族伟大复兴的历史征程上,新民主主义革命的胜利,为实现中华民族伟大复兴创造了根本社会条件,完成了民族独立、人民解放的时代任务;社会主义革命和建设时期,进行社会主义革命,推进社会主义建设,为实现中华民族伟大复兴奠定了根本政治前提和制度基础;改革开放和社会主义现代化建设新时期,探索中国建设社会主义的正确道路,解放和发展社会生产力,使人民摆脱贫困、尽快富裕起来,为实现中华民族伟大复兴提供了充满新的活力的体制保证和快速发展的物质条件。至此,实现中华民族伟大复兴就有了坚实的社会基础、根本的政治保证、重要的经济条件。

中国特色社会主义进入新时代,以习近平同志为核心的党中央继往开来,突出强调近代以来中国社会实现中华民族伟大复兴的历史主题,自觉担当实现中华民族伟大复兴的时代任务,实现第一个百年奋斗目标,开启实现第二个百年奋斗目标新征程。实现中华民族伟大复兴成为人民最迫切的愿望和时代最强音,成为凝聚一切力量团结奋斗最响亮的时代号角。在世界百年未有之大变局加速演进的国际环境中,我国发展面临新的战略机遇、新的战略任务、新的战略阶段、新的战略要求、新的战略环境,需要应对的风险和挑战、需要解决的矛盾和问题比以往更加错综复杂。中国人民要在乱云飞渡中保持从容,在惊涛骇浪中稳舵前行,就必须有坚强的领导核心,必须在实践上坚决做到“两个维护”。

三是以伟大自我革命引领伟大社会革命必须遵循的实践要求。列宁曾表示,给我一个铁的纪律的无产阶级政党,我就可以把俄国翻过来。历史证明,正是在以列宁建党原则为指导建立的布尔什维克党领导下,俄国人民推翻了俄国临时政府统治,建立了人类历史上第二个无产阶级政权和第一个无产阶级领导的社会主义国家。无产阶级政党由于承担着全人类解放的崇高历史使命,以及其自身主要由广大无产阶级组成的性质,决定了无产阶级政党相对于资产阶级政党来说,一方面更加具有历史的先进性、革命性和严格的纪律性,另一方面也更加需要不断加强铁的纪律建设、持续推进自我革命,始终保持先进性和纯洁性,不断以伟大自我革命引领伟大社会革命。

中国共产党是善于自我革命的党,中国共产党百年来不断取得的成功和创造的辉煌,也是在不断的自我革命中实现的。从八七会议确定土地革命和武装反抗国民党反动派总方针、遵义会议开启独立自主解决中国革命实际问题新阶段,到党的十一届三中全会纠正“左”倾错误、重新确立实事求是思想路线,再到党的十九届六中全会作出《中共中央关于党的百年奋斗重大成就和历史经验的决议》,始终贯穿着中国共产党善于总结经验、勇于自我革命的精神,体现着中国共产党以伟大自我革命引领伟大社会革命的经验和实践。中国特色社会主义进入新时代,中国共产党要有效防范和化解疫情形势延宕反复、国际环境复杂严峻、改革发展稳定任务更趋艰巨繁重的风险和挑战,就必须坚持全面从严治党,不断加强党的建设,始终把党建设成为更具先进性、更具革命性,不负人民期待、勇担历史使命,善于以伟大自我革命引领伟大社会革命,更加坚强有力的马克思主义政党。坚决做到“两个维护”就是这一切在实践上具体的必然的要求。

“两个确立”与“两个维护”内在统一的实践自觉

马克思指出,“全部社会生活在本质上是实践的”,实践作为人类最基本的生存方式,既是人类生产生活的基础,也是人类一切活动包括思想和理论的最终追求。正是因为如此,一定的理论总是与一定的实践是统一的。“两个确立”在新时代的伟大实践中形成,是对中国共产党百年伟大实践的深刻总结,是“两个维护”实践的理论化形态,“两个维护”反映新时代实践要求,是马克思主义中国化一以贯之的重要内涵,是“两个确立”理论的实践化表达,二者共同体现实现中华民族伟大复兴在理论和实践上的根本要求,即把统一思想、凝聚力量、集合行动作为基本要求,促使人民在“两个确立”和“两个维护”相统一的实践自觉中,为推动实现中华民族伟大复兴踔厉前行。

深刻认识“两个确立”是坚决做到“两个维护”的思想基础。实践作为理论的基础,通常也是受着理论制约的。只有保持理论上的清醒,才能保证政治上的坚定、行动上的自觉,揭示的正是现代社会当中理论对于实践的重要意义。善于在解决人们思想和理论问题的基础上,开启伟大实践、实现社会进步、引领社会发展,是中国共产党不断取得成功的一条重要经验。毛泽东思想正确解决了共产国际领导与中国革命关系的一系列理论问题,确立了立足中国具体实际、独立领导中国革命的实事求是思想路线,最终夺取新民主主义革命胜利。邓小平理论科学回答了社会主义的本质问题,冲破了传统观念对人们思想的束缚,开启了以改革开放为主题的中国特色社会主义建设的伟大实践,在世界社会主义运动中成功走出了一条中国特色社会主义道路。从党的十八大开始,中国特色社会主义进入新时代。10年来,我们坚持马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观,全面贯彻习近平新时代中国特色社会主义思想,攻克了许多长期没有解决的难题,办成了许多事关长远的大事要事。

坚决做到“两个维护”作为新时代奋进新征程的实践要求,决定了人们必须拥有与之相适应的思想基础,树立与之相符合的牢固观念。“两个确立”科学回答了为什么要坚决做到“两个维护”的问题,为人们坚决做到“两个维护”提供了理论依据,从而奠定了坚决做到“两个维护”的思想基础。因此,我们要坚决做到“两个维护”,就必须深刻认识“两个确立”的重大意义、深刻内涵、理论基础、历史前提、时代价值,以及实践要求等,在对“两个确立”清醒的理论自觉中、内在的思想认同中,在具体实践中形成对“两个维护”的高度自觉。

深刻理解坚决做到“两个维护”是“两个确立”的实践要求。马克思、恩格斯在总结巴黎公社革命失败的教训时指出:“巴黎公社遭到灭亡,就是由于缺乏集中和权威。”马克思主义认为理论来源于实践,又归于实践,必须与实践相统一,理论和实践的辩证法揭示,理论只有在落实为具体的实践中才能实现自身,实践作为理论的基本追求,是理论从实践到理论再到实践,完成自身往复前进的必然环节。“两个确立”作为汲取世界社会主义运动教训的结果、中国共产党百年奋斗的经验总结,特别是新时代取得具有里程碑意义的伟大成就的实践升华,体现着马克思主义国家治理和政党建设理论的创新发展,反映人民的心声、时代的要求、实践的前提、未来的基础。

深刻认识、理解和把握“两个确立”,最终落实为坚决做到“两个维护”的具体实践,因为在马克思看来,真正的理论应该在实践中证明自己的真理性,即自己的现实性和力量。坚决做到“两个维护”,就要在实践上通过对习近平新时代中国特色社会主义思想的深入学习,铸牢对“两个确立”的坚定信仰,通过新时代中国特色社会主义建设的伟大实践,深刻把握“两个维护”的历史必然性和现实必要性,明确“两个维护”在实践上的具体要求,形成坚决做到“两个维护”的行动自觉,始终与党心在一处、行在一处、情在一处,成为实现中华民族伟大复兴的有益正向力。

深刻把握铸牢“两个确立”信仰和坚决做到“两个维护”的具体要求。毛泽东同志指明,人的正确思想既不是天上掉下来的,也不是头脑中固有的,只能从社会实践中来。在思想理论上铸牢“两个确立”、在具体行动上坚决做到“两个维护”,就需要向具体的实践学习,向作为实践结晶的理论学习。向实践学习就是要学习历史,特别是中国共产党的百年奋斗史,深入了解新时代中国特色社会主义建设的伟大实践及其取得的历史性成就、发生的历史性变革,切实把握好新时代实践面临的严峻国际环境、复杂国内形势、从严治党要求等。向作为实践结晶的理论学习,就是要深入学习不断创新发展的马克思主义中国化时代化理论,特别是习近平新时代中国特色社会主义思想,学习作为马克思主义中国化理论创新发展基础和来源的马克思、恩格斯、列宁等经典作家的重要理论,并以胸怀天下的视界、海纳百川的精神,善于汲取整个人类文明结晶的智慧,向历史上、世界上一切先进理论和优秀文化学习,厚植深刻领悟“两个确立”决定性意义、坚决做到“两个维护”行动自觉的情感和理性基础。

(作者为中央党史和文献研究院科研规划部副主任、教授)

(责编:代晓灵、万鹏)
 
 
The Essence and Requirements of the Internal Unity of "Two Establishments" and "Two Safeguards"

Hu Changshuan

October 21, 2022 09:24 Source: People's Daily Online - People's Forum

The "Opinions of the Central Committee of the Communist Party of China on Strengthening the Party's Political Construction" pointed out that "to strengthen the party's political construction", we must "resolutely safeguard the core position of General Secretary Xi Jinping as the core of the Party Central Committee and the core position of the entire party, and resolutely safeguard the authority and centralized and unified leadership of the Party Central Committee." It clarified that socialism with Chinese characteristics has entered a new era. Facing the overall strategy of realizing the great rejuvenation of the Chinese nation and the major changes in the world unseen in a century, the Communist Party of China must unite and lead the Chinese people in building a modern socialist country in an all-round way and advancing the great rejuvenation of the Chinese nation. Resolutely meet the practical requirements of "two safehuards". The "Resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party's Centennial Struggle" adopted by the Sixth Plenary Session of the Nineteenth Central Committee of the Party profoundly summarized the great achievements made by the Communist Party of China in the past century, especially since socialism with Chinese characteristics entered the new era, The accumulated valuable experience pointed out that "the party established Comrade Xi Jinping as the core of the Party Central Committee and the core position of the whole party, and established the guiding position of Xi Jinping's socialist thought with Chinese characteristics in the new era, which reflects the common aspiration of the whole party, the whole army and the people of all ethnic groups in the country. The development of the cause of the party and the country in the new era is of decisive significance to advancing the historical process of the great rejuvenation of the Chinese nation." "Two establishments" have laid an important ideological foundation for the Communist Party of China to unite and lead the Chinese people on a new journey in the new era. "Two Establishments" and "Two Safeguards" focus on realizing the historical mission of the Chinese dream of the great rejuvenation of the Chinese nation. important ideological and political guarantees.

Theoretical Quality of "Two Establishments"

Based on practice, the dialectical relationship between theory and practice is reflected in the evolution process from practice to theory and then to practice; based on theory, the dialectical relationship between theory and practice is reflected in the theoretical development process from theory to practice and then to theory. But whether it is based on practice or theory, both of them fully prove the common principles and requirements of the unity and combination of theory and practice. Specifically, this principle is that practice without theory is bound to be blind, and practice without practice is blind. Theory must be abstract; specifically, this requirement is to sublimate theory in the summary of practical experience and carry out practice under the guidance of ideological theory. It is precisely because of this that Marx pointed out: "Man should prove the truth of his own thinking in practice, that is, the reality and power of his own thinking, and the this-sidedness of his own thinking." Lenin pointed out: "Without revolutionary theory, there will be no revolution. Revolutionary movement." As a Marxist political party, the Communist Party of China insists on the unity of theory and practice, attaches great importance to promoting the important role of theoretical innovation in the development of the party and the country, and constantly promotes theoretical innovation on the basis of summarizing practical experience and promotes Marxism. Sinicization, modernization, and popularization, timely establishing the party's innovative theory as the guiding ideology for the development of the party and the country, transforming scientific theories into a powerful material force for understanding and transforming the world, and providing important ideological guidance for practice.

The "two establishments" profoundly embodies the theoretical pursuit of the Communist Party of China to bravely promote theoretical innovation. General Secretary Xi Jinping pointed out: "If a nation wants to be at the forefront of the times, it must have theoretical thinking and correct ideological guidance for a moment." It profoundly reveals the significance of theoretical thinking to the development of a nation and a country, and fully demonstrates the importance of China's The Communist Party is highly conscious of theoretical innovation. Theoretical thinking is the inner temperament of a person, a nation, or a country, and it is the embodiment of human rationality and civilization. The level of theoretical thinking determines the depth of theory, the strength of theoretical innovation, and the rational dimension of practice. For more than 100 years, the Communist Party of China has continuously promoted theoretical innovation. Through theoretical innovation, it has won the great victory of the new democratic revolution, completed the socialist revolution and promoted socialist construction, carried out reform and opening up and socialist modernization, and created a new era of socialism with Chinese characteristics. In this era, he has formed a distinctive character and theoretical pursuit that dares to promote theoretical innovation. The 100-year history of the Communist Party of China is not only a practical and creative process of uniting and leading the Chinese people to continuously write miracles on the road to the great rejuvenation of the Chinese nation, but also a process of insisting on combining the basic principles of Marxism with China's specific reality, and constantly opening up a new realm of modernization of Marxism in China , Realize the theoretical innovation process of a new leap in the Sinicization of Marxism.

Looking back on the course of the Communist Party of China’s courage to promote theoretical innovation, the Chinese Communists, represented by Comrade Mao Zedong, combined the basic principles of Marxism with the specific reality of China’s new democratic revolution and socialist construction, resolutely opposed bookism and dogmatism, Adhere to the promotion of theoretical innovation based on practice, create, enrich and develop Mao Zedong Thought; the Chinese Communists, mainly represented by Comrades Deng Xiaoping, Jiang Zemin and Hu Jintao, focus on the great practice of reform, opening up and socialist modernization, and insist on emancipating the mind , seek truth from facts, constantly promote the innovation and development of Marxist theory, form a theoretical system of socialism with Chinese characteristics, and realize a new leap in the Sinicization of Marxism; Combining reality with China's excellent traditional culture, adhering to Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents" and the Scientific Outlook on Development, profoundly summarizing and making full use of the historical experience since the founding of the party, starting from the new reality, creating the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era has achieved a new leap in the Sinicization of Marxism. The "two establishments" deeply embodies the consciousness and pursuit of the Communist Party of China's theoretical innovation. It is based on the practice of socialism with Chinese characteristics in the new era, and follows and innovates the development of the principle that a Marxist party must establish its own leadership core and guiding ideology.

The "two establishments" profoundly embodies the theoretical quality of the Communist Party of China to be good at summarizing historical experience. When talking about the conception of the future society, Marx pointed out: "The advantage of the new trend of thought is precisely that we do not want to predict the future dogmatically, but only hope to discover the new world while criticizing the old world." The so-called "criticism of the old world" means to Promote theoretical innovation and find a way forward by summarizing historical experience and drawing lessons from history. Paying attention to and being good at summarizing historical experience is a fine tradition of our party, and it is also an important methodology and theoretical quality for our party to continuously carry out self-revolution and promote theoretical innovation. In this regard, Comrade Mao Zedong once said that "I live by summing up experience", and when summing up the experience and lessons of the Chinese revolution, he pointed out that "mistakes and setbacks have taught us a lesson and made us smarter, and our affairs will be done well." Better." Comrade Deng Xiaoping pointed out, "Past successes are our wealth, and past mistakes are also our wealth." , in view of objective reality, adopt a realistic attitude, and proceed from reality in everything.” Socialism with Chinese characteristics has entered a new era, and General Secretary Xi Jinping has attached great importance to promoting theoretical innovation while summarizing historical experience, emphasizing that “history is the best textbook”, He also pointed out in his speech at the party history study and education mobilization meeting: "Our party has come step by step. One of the most important things is to constantly summarize experience, improve skills, and continuously improve the ability to deal with risks, meet challenges, and turn risks into a bargain."

Looking back at the practice of the Communist Party of China being good at summing up historical experience, the Zunyi Conference summed up the experience and lessons of the failure of the Red Army's fifth anti-"encirclement and suppression" campaign and the severe setbacks in the early stage of the Long March, and began to form the first generation of the party's central leadership group with Comrade Mao Zedong at its core. The Yan'an Rectification Movement thoroughly summed up historical experience and passed the "Resolution on Certain Historical Issues", which made the whole party agree on the basic issues of the Chinese revolution. Based on this, the Seventh National Congress of the Party further summed up the previous revolutionary experience and established Mao Zedong. The guiding position of ideology in the whole party has enabled the whole party to achieve unprecedented unity and unity in ideology, politics and organization. Later, according to the needs of the cause of building socialism with Chinese characteristics, Deng Xiaoping Theory, the important thought of "Three Represents" and the Scientific Outlook on Development were successively established as the guiding positions of the whole party. The "Resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party's Centennial Struggle" passed by the Sixth Plenary Session of the Nineteenth Central Committee of the Party emphasizes the decisive significance of the "two establishments", which are the historical experience of the CPC's century-old struggle and socialism with Chinese characteristics. Experience summarization and theoretical innovation of historical achievements and historical changes achieved in the new era.

The Practical Character of "Two Safeguards"

Compared with the theoretical essence and ideological significance of "two establishments", "two safeguards" mainly reflect the practical requirements of the new era and have a specific practical character. Socialist society emerged from the critique of capitalism, and its historical advancement is reflected in the principles of socialist society established through the critique of capitalist society. The criticism of private ownership establishes the principle of public ownership; the criticism of distribution according to capital establishes the principle of distribution according to work, etc., all of which run through the criticism of the liberal individual concept Established a unified collective concept. As a result, unity of thought, unity of action, and same direction of strength have become important practical requirements for the historical advancement of socialist society. Sex is consistent. The historical experience of continuously making great achievements in the construction of socialism with Chinese characteristics has fully proved this point in practice. "Two safeguards" creatively express the practical principle of maintaining the historical advanced nature of the socialist society, and it is a practical requirement that must be followed in the new era to continuously push forward the great historical cause of national rejuvenation.

The first is the practical requirements that must be followed in response to the accelerated evolution of major changes unseen in a century. Since modern times, the integrated evolution and development of countries in the world have been integrated economically, politically influenced, culturally blended, and ecologically interdependent, making the characteristics of the times and the international situation an important factor affecting the development of countries around the world. A scientific judgment of the characteristics of the times and the international situation is an important basis for a country to formulate its lines, guidelines, and policies. The "two safeguards" are practical requirements that reflect the characteristics of the current times and the international situation.

It is the excellent quality and important successful experience of the Communist Party of China to be good at scientifically judging the international situation, profoundly summarizing the characteristics of the times, promoting theoretical innovation, promoting practical development, and integrating the great cause of national rejuvenation into the world's development process. "The world today is in a new era of revolution and war." During the period of the New Democratic Revolution, Comrade Mao Zedong scientifically judged the international situation and the characteristics of the times, put forward the theme of the era of "Revolution and War", and won the great victory of the New Democratic Revolution , Carry out socialist construction. In 1985, Comrade Deng Xiaoping pointed out that "the real big problems in the world today are global strategic issues, one is peace issues, the other is economic issues or development issues." During the period of reform and opening up and socialist modernization, the party's scientific judgment According to the characteristics of the times and the international situation, peace and development are the themes of the current era, and great achievements have been made in reform, opening up and socialist modernization.

Socialism with Chinese characteristics has entered a new era. General Secretary Xi Jinping has a profound insight into the major situation that the world is experiencing and is also the major situation that China is facing. He put forward the scientific conclusion that "the world is undergoing major changes unseen in a century", which has become a new era to promote the greatness of the Chinese nation. An important ideological basis for the revival of the historical process. General Secretary Xi Jinping pointed out in his important speech at the seminar on "Learning the Spirit of General Secretary Xi Jinping's Important Speech and Welcome to the 20th National Congress of the Communist Party of China" for major leading cadres at the provincial and ministerial levels: International and domestic trends, and scientifically grasp the strategic opportunities, risks and challenges we face. At present, the world’s major changes unseen in a century are accelerating, and the characteristics of changes in the world, times, and history are more obvious.” Facing the world’s unprecedented changes in a century With the accelerated evolution of the great changes, we must strengthen our lofty belief in communism, stick to the fundamental stand of people supremacy, unswervingly continue to advance along the road of socialism with Chinese characteristics, and do not follow the old closed and rigid road, and do not take the evil road of changing our flag. , it is necessary to unify the thoughts of the people of the whole country, gather the strength of the people of the whole country, and gather the actions of the people of the whole country. It is necessary to resolutely safeguard the core of the Party Central Committee of General Secretary Xi Jinping and the core position of the whole party in practice, and resolutely safeguard the authority and centralization of the Party Central Committee. lead.

The second is the practical requirements that must be followed in advancing the historical process of the great rejuvenation of the Chinese nation in the new era. The great practice of the Communist Party of China in uniting and leading the Chinese people's century-old struggle, and its successive great achievements in politics, economy, culture, society, and ecological civilization, endow the new era with the historical mission of advancing the historical process of the great rejuvenation of the Chinese nation. The key to building a modern socialist country in an all-round way and achieving the goals and tasks of the new era and new journey lies in the party. General Secretary Xi Jinping pointed out: "Over the past century, all the struggles, sacrifices, and creations that the Communist Party of China has united and led by the Chinese people have been summed up in one theme: realizing the great rejuvenation of the Chinese nation." In the historical journey of realizing the great rejuvenation of the Chinese nation Above all, the victory of the new democratic revolution created fundamental social conditions for realizing the great rejuvenation of the Chinese nation and accomplished the tasks of the era of national independence and people's liberation; The realization of the great rejuvenation of the Chinese nation has laid the fundamental political premise and institutional foundation; in the new period of reform and opening up and socialist modernization, we will explore the correct path for building socialism in China, liberate and develop social productive forces, and enable the people to get rid of poverty and become rich as soon as possible. The great rejuvenation of the Chinese nation provides an institutional guarantee full of new vitality and material conditions for rapid development. So far, the realization of the great rejuvenation of the Chinese nation has a solid social foundation, fundamental political guarantee, and important economic conditions.

Socialism with Chinese characteristics has entered a new era. The Party Central Committee with Comrade Xi Jinping at its core has carried forward the past and ushered in the future, highlighted the historical theme of realizing the great rejuvenation of the Chinese nation in Chinese society since modern times, and consciously shouldered the task of the times to realize the great rejuvenation of the Chinese nation. Goals, start a new journey to achieve the second centenary goal. Realizing the great rejuvenation of the Chinese nation has become the most urgent desire of the people and the strongest voice of the times, and the loudest clarion call of the times that gathers all forces to unite and struggle. In the international environment where the world is undergoing major changes unseen in a century and accelerating evolution, my country's development is facing new strategic opportunities, new strategic tasks, new strategic stages, new strategic requirements, and new strategic environments. Risks and challenges that need to be addressed, The contradictions and problems that need to be resolved are more complex than ever. If the Chinese people want to remain calm amidst the chaotic clouds and sail through the turbulent waves, they must have a strong core of leadership and must resolutely implement the "two safeguards" in practice.

The third is the practical requirements that must be followed to lead a great social revolution with a great self-revolution. Lenin once said, give me a proletarian party with iron discipline, and I can turn Russia over. History has proved that it was under the leadership of the Bolshevik Party established under the guidance of Lenin's party-building principles that the Russian people overthrew the rule of the Russian Provisional Government and established the second proletarian regime and the first socialist country led by the proletariat in human history. . Due to the lofty historical mission of the liberation of all mankind and the fact that the proletarian party is mainly composed of the proletariat, it is decided to Compared with the bourgeois parties, the proletarian parties are more historically advanced, revolutionary, and disciplined, and on the other hand, they need to continuously strengthen the construction of iron discipline, continue to promote self-revolution, and always maintain Advanced and pure, constantly leading the great social revolution with the great self-revolution.

The Chinese Communist Party is a party that is good at self-revolution. The continuous success and brilliance created by the Chinese Communist Party over the past century have also been achieved through continuous self-revolution. From the August 7th Conference, which determined the general policy of agrarian revolution and armed resistance to the Kuomintang reactionaries, and the Zunyi Conference, which opened a new stage of independent and independent resolution of practical problems in the Chinese revolution, to the Third Plenary Session of the Eleventh Central Committee of the Party, which corrected the "Left" errors and re-established the ideological line of seeking truth from facts. Until the Sixth Plenary Session of the Nineteenth Central Committee of the Communist Party of China made the "Resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party's Centennial Struggle", which has always run through the spirit of the Communist Party of China to be good at summing up experience and to be brave in self-revolution, reflecting the great self-revolution of the Communist Party of China The experience and practice of leading the great social revolution. Socialism with Chinese characteristics has entered a new era. In order to effectively prevent and resolve the risks and challenges of protracted and repeated epidemic situations, complex and severe international environment, and more arduous and arduous tasks of reform, development and stability, the Communist Party of China must adhere to comprehensive and strict party governance and continuously strengthen the party. The construction of the party has always been to build the party into a more advanced, more revolutionary, live up to the expectations of the people, bravely shoulder the historical mission, and be good at leading the great social revolution with a great self-revolution, and a stronger and more powerful Marxist political party. Resolutely achieving the "two safeguards" is the concrete and inevitable requirement of all these in practice.

The practical awareness of the internal unity of "two establishments" and "two safeguards"

Marx pointed out that "all social life is practical in nature". Practice, as the most basic way of human existence, is not only the basis of human production and life, but also the ultimate pursuit of all human activities, including thought and theory. It is precisely because of this that a certain theory is always unified with a certain practice. Formed in the great practice of the new era, the "two establishments" are a profound summary of the century-old great practice of the Communist Party of China, and a theoretical form of the practice of the "two safeguards." The "two safeguards" reflect the practical requirements of the new era and are Marxist The consistent and important connotation of the sinicization of doctrine is the practical expression of the theory of "two establishments". The two together embody the fundamental requirements in theory and practice for realizing the great rejuvenation of the Chinese nation, that is, unifying thoughts, cohesive forces, and collective actions. It is required to urge the people to move forward to promote the great rejuvenation of the Chinese nation in the practical consciousness of the unity of "two establishments" and "two safeguards".

A deep understanding of the "two establishments" is the ideological basis for resolutely achieving the "two safeguards". As the basis of theory, practice is usually restricted by theory. Only by maintaining theoretical rigor can we ensure political firmness and action consciousness, which reveals the important significance of theory to practice in modern society. Being good at solving people's ideological and theoretical problems, starting great practice, achieving social progress, and leading social development is an important experience of the Communist Party of China's continuous success. Mao Zedong Thought correctly resolved a series of theoretical issues concerning the relationship between the leadership of the Communist International and the Chinese revolution, established a practical and realistic ideological line based on China's specific reality and independently led the Chinese revolution, and finally won the victory of the new democratic revolution. Deng Xiaoping's theory scientifically answered the question of the essence of socialism, broke through the shackles of traditional concepts on people's thinking, started the great practice of building socialism with Chinese characteristics with the theme of reform and opening up, and successfully created a new line of socialism with Chinese characteristics in the world socialist movement. the road to socialism. Since the 18th National Congress of the Communist Party of China, socialism with Chinese characteristics has entered a new era. Over the past 10 years, we have adhered to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents" and the Scientific Outlook on Development, and fully implemented Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. There are many big and important things that matter in the long run.

Resolutely achieving the "two safeguards" as a practical requirement for a new era of forging ahead and a new journey determines that people must have a corresponding ideological foundation and establish a solid concept that is consistent with it. The "two establishments" scientifically answered the question of why the "two safeguards" should be resolutely achieved, and provided a theoretical basis for people to resolutely achieve the "two safeguards", thus preparing the ideological foundation for resolutely achieving the "two safeguards" . Therefore, if we want to resolutely achieve the "two safeguards", we must have a deep understanding of the significance, profound connotation, theoretical basis, historical premise, value of the times, and practical requirements of the "two establishments". In the sober theoretical consciousness and internal ideological identity, a high degree of awareness of the "two safeguards" is formed in concrete practice.

It is deeply understood that resolutely achieving "two safeguards" is a practical requirement of "two establishments". When summarizing the lessons learned from the failure of the Paris Commune revolution, Marx and Engels pointed out: "The Paris Commune was destroyed because of the lack of centralization and authority." Marxism believes that theory comes from practice and returns to practice, and must be unified with practice. Theory and practice The dialectics revealed that theory can realize itself only when it is implemented into concrete practice. Practice, as the basic pursuit of theory, is an inevitable link for theory to complete its own reciprocating progress from practice to theory and then to practice. The "two establishments" are the result of learning the lessons of the world socialist movement, summarizing the experience of the Communist Party of China over a century of struggle, and especially the practical sublimation of the milestone achievements in the new era, which embodies the innovation of the Marxist theory of state governance and party building Development reflects the aspirations of the people, the requirements of the times, the premise of practice, and the foundation of the future.

Deeply understand, understand and grasp the "two establishments", and finally implement the concrete practice of resolutely achieving the "two safeguards", because in Marx's view, a real theory should prove its truth in practice, that is, its own reality sex and strength. To resolutely achieve the "two safeguards", it is necessary to in-depth study of Xi Jinping's new era of socialism with Chinese characteristics in practice, to forge a firm belief in the "two establishments", and to pass the great construction of socialism with Chinese characteristics in the new era. Practice, deeply grasp the historical inevitability and practical necessity of the "two safeguards", clarify the specific requirements of the "two safeguards" in practice, form a conscious action to resolutely achieve the "two safeguards", and always stay with the party's heart, Walking in one place and loving in one place has become a beneficial positive force for the great rejuvenation of the Chinese nation.

Deeply grasp the specific requirements of forging the belief of "two establishments" and resolutely achieving "two safeguards". Comrade Mao Zedong pointed out that people's correct thinking neither falls from the sky nor is it inherent in the mind, but can only come from social practice. To firmly establish the "two establishments" in terms of ideology and theory, and to resolutely achieve the "two safeguards" in concrete actions, it is necessary to learn from specific practices and learn from the theory that is the crystallization of practice. Learning from practice is to learn history, especially the century-old struggle history of the Communist Party of China, gain a deep understanding of the great practice of building socialism with Chinese characteristics in the new era, its historic achievements, and the historical changes that have taken place, and earnestly grasp the challenges faced by practice in the new era. The severe international environment, complex domestic situation, and strict party governance requirements. To learn from the theory that is the crystallization of practice is to study in-depth the modernization theory of Marxism in China, which is constantly innovating and developing, especially Xi Jinping's thought on socialism with Chinese characteristics in the new era, and to learn Marxism, Marxism, and The important theories of classic writers such as Engels and Lenin, and with the vision of the world and the spirit of inclusiveness, are good at absorbing the wisdom of the crystallization of human civilization, learning from all advanced theories and excellent cultures in history and the world, and deeply comprehending the "two The emotional and rational basis for the decisive significance of "one establishment" and the conscious realization of the "two safeguards" actions.

(The author is the deputy director and professor of the Research Planning Department of the Central Academy of Party History and Documentation)
(Editors in charge: Dai Xiaoling, Wan Peng)

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