Provisions on the Procedures for Party Groups' Deliberation and Decision Making on Sanctions for Party Members (Provisional)

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Source:http://www.gov.cn/zhengce/2018-12/16/content_5349399.htm

Article 1: These Provisions are drafted on the basis of the "Constitution of the Chinese Communist Party" and other relevant provisions, together with actual working conditions, so as to implement the spirit of the 19th Party Congress, and regulate Party groups deliberation and decisions on the Sanctioning Party members.

Article 2: Party groups (including Party committees with Party group characteristics) shall earnestly perform responsibility for comprehensive and strict governance of Party entities, and the discipline supervision comissions and remote discipline inspection supervision groups shall earnestly perform oversight responsibilities. Persist in the Party managing itself and comprehensive strict Party governance; persist in equality before Part discipline; perst in being realistic and practical, persist in in learning from the past mistakes and fight the illness not the patient; strengthen oversight and accountability of enforcement of discipline, ensure that case handling achieves positive political outcomes, disciplinary and legal outcomes, and social outcomes; and ensure that case quality stands the test of history and the people.

Article 3: Party groups implementing Party disciplinary sanctions against Party members cadres under their management, shall proceed through collective discussion by the Party group in accordance with the prescribed procedures, decisions and approvals by any individual, or small number of people,acting on their own are not permitted. Party disciplinary sanction decisions are made in the name of the Party groups and take effect from the date on which the Party groups deliberate and make decisions.

Article 4: Discipline inspection and supervision groups dispatched by the Central Commission for Discipline Inspection and National Supervision Commission (hereinafter remote disciplinary inspection and supervision groups), in accordance with their scope of authority for managing cadres, are to conduct case filing, review, and internal hearing of Party member cadres suspected of violating discipline managed by the Party groups for the departments where they are stationed (including comprehensive oversight units, throughout), and upon collective research by the remote discipline inspection and supervision group, put forward a preliminary recommendation for Party discipline sanctions, and after communicating with the department where they are stationed's Party group and reaching a consensus opinion, transfer the case to the working committee of the Central Commission for Discipline Inspection and National Supervision Commission (hereinafter simply Discipline Inspection and Supervision Working Committee) to conduct a review.

The Discipline Inspection and Supervision Working Committee shall earnestly perform duties to review and check, oversee and restrict transferred cases, and put together a hearing report as feedback to the remote discipline inspection and supervision group, making it so that the facts are clear, the evidence is conclusive, determinations are accurate, the disposition is proper, the formalities are complete, and the procedures are compliant.

In the course of hearings, the Discipline Inspection and Supervision Working Committee shall strengthen communication with remote discipline inspection and supervision groups. In principle, remote discipline inspection and supervision group shall respect the opinions of the Discipline Inspection and Supervision Working Committee's hearing. If disagreements arise and a consensus opinion cannot be reached through communication, the Discipline Inspection and Supervision Working Committee is to report both sides opinions to the Central Disipline Inspection Commission for research and decision.

Remote discipline inspection and supervision groups shall strengthen communication with relevant parties, especially in cases of discipline violations by Party member cadres at the department level or above under the administration of the Party group for the department in which they are based; before the Party member for the department where they are based convenes meetings, they shall fully exchange opinions with the Party group for that department and the Central Disciplinary Inspection Commission.

Article 5: After hearings by the Discipline Inspection and Supervision Working Committee the remote discipline inspection and supervision groups are to report the recommendation on Party discipline sanctions to the Party group for the departments in which they are based, and the Party group is to deliberate and make a decision; and where the recommended Party discipline sanction and the Party group's opinion are not the same, and they are unable to reach a consensus through discussion, the Central Discipline Inspection Commission is to research and make a decision. Party discipline sanction decisions shall be formally reported to the remote discipline inspection and supervision group.

Article 6: Party discipline sanctions given to Party member cadres at the division level or lower of the department where they are based are to be reviewed and heard by the Party committee of the department or organ, and the organ discipline committee, and after performing the procedures provided for in article 42 of the "Constitution of the Chinese Communist Party" the Party group is to deliberate and make a decision. Before decisions on Party sanctions are made, the opinions of the remote discipline inspection and supervision groups shall be solicited.

As required by work, the remote disciplinary inspection and supervision groups may directly review cases of violations of Party discipline by Party member cadres at the division level or lower. After remote discipline inspection and supervision groups conduct a review and put forward Party discipline sanction recommendations, they are to transfer them to the department Party committee for the department in which they are based, and after that organ's disciplinary inspection commission acts in accordance with the relevant procedures, the Party group is to deliberate and make a decision. When necessary, remote disciplinary inspection and supervision groups may directly report Party discipline sanction recommendations to the Party groups for the departments in which they are based, and the Party groups are to deliberate and make a decision.

Article 7: Where Party discipline sanctions are given to Party member cadres at the departmental level or above, or division level Party member cadres are given party discipline sanctions of removal from internal Party positions or higher, the discipline inspection committee for the department or organ is to send the Party discipline sanction decision and related materials to the Discipline Inspection and Supervision Working Committee for filing within 30 days of the decision taking effect. The Discipline Inspection and Supervision Working Committee shall earnestly review and verify the materials to be filed, and promptly give feedback and oversee corrections of any problems discovered.

The Discipline Inspection and Supervision Working Committee shall send an annual special report on oversight of filings to the Central Discipline Inspection Commission and the Central and State Organ working committees, and may also make reports whenever necessary.

给予向中央备案的党员干部党纪处分的,驻在部门党组应当按照规定将党纪处分决定通报中央组织部。

Article 8:  对于党的组织关系在地方、干部管理权限在主管部门党组的党员干部违纪案件,凡由派驻纪检监察组查处的,由主管部门党组讨论决定,并向地方党组织通报处理结果。

对于地方纪委首先发现并立案审查,接受上级纪委指定或者与派驻纪检监察组协商后由地方纪委立案审查的上述案件,应当由地方纪委按照程序作出党纪处分决定,并向主管部门党组通报处理结果。 在作出立案审查决定及审查处理过程中,地方纪委应当与主管部门党组和派驻纪检监察组加强沟通协调;经沟通不能形成一致意见的,报共同的上级党委或者纪委研究决定。

Article 9: Under the guidance of the Central Discipline Inspection Comission, the Discipline Inspection and Supervision Working Committee is to establish and complete mechanisms for reviewing the quality of discipline violation cases that are reviewed and handled by the Central Party and State Organs, conducting oversight and review Party groups' deliberation and decisions, and the findings of fact, character determinations, penalty levels, procedures and formalities, and so forth in cases reviewed and handlied by the remote discipline inspection and supervision groups; and giving feedback on the outcomes of the assessment through measures such as through circulating notice or calling people in for a talking to.

Article 10: Deliberation and decisions on sanctions against Party members made by Party work organs and subordinate public institutions leading institutions are implemented with reference to these Provisions.

派驻纪检监察组给予驻在部门党组管理的干部政务处分,参照本规定办理,并以派驻纪检监察组名义作出政务处分决定,或者交由其任免机关、单位给予处分。

Article 11: The party committees and disciplinary inspection supervision commission of all provinces, autonomous regions, and directly-governed municipalities may formulate detailed implementation measures on the basis of the spirit of these Provisions taken together with actual conditions.

Article 12: The Disciplinary Commission of the CPC Central Committee is responsible for the interpretation of these Provisions.

Article 13: These Provisions take effect on January 1, 2019. Where Provisions promulgated before these Provisions are, inconsistent with them, apply these Provisions.

 

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