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《Regulations on the Discipline of the Chinese Peoples Liberation Army》
Section 1: The purposes and principles of punishment
Section 3: Conditions of punishment
Section 4; Authorization of punishments
Section 5: Implementation of punishment
Section 1: The purposes and principles of punishment
Article 77: The purposes of punishment are to enforce strict discipline, to educate offenders and army units, to strengthen centralization and unification, and to consolidate and enhance the combat effectiveness of army units.
Article 78: Punishment should uphold the following principles:
(1) punish appropriately based on the facts;
(2) learn from past mistakes to avoid future ones, and cure the sickness to save the patient;
(3) everyone is equal before discipline.
Section 2: Punishments
Article 79: Punishments for soldiers include:
(1) disciplinary warning;
(2) serious disciplinary warning;
(3) recording of a demerit;
(4) recording of a serious demerit;
(5) demotion to a lower post grade or military rank;
(6) dismissal from post;
(7) striking of name from the roll;
(8) disciplinary discharge from military service.
Among the above punishments, a disciplinary warning is the lightest punishment and in succession, a disciplinary discharge is the most severe punishment.
Demotion to a lower post grade shall not apply to a deputy squad leader: demotion in military rank shall not apply to a private or a Junior Sergeant: a Senior Sergeant or Third-Class Sergeant who is demoted in military rank is at the same time reduced in the grade of non-commissioned officer; usually demotion to a lower post grade or military rank is to be by one post grade or one military rank; striking of name from the roll shall not apply to a non-commissioned officer.
Article 80: Punishments for officers and civilian cadres include:
(1) disciplinary warning;
(2) serious disciplinary warning;
(3) recording of a demerit;
(4) recording of a serious demerit;
(5) demotion to a lower post grade (or level) or military rank (or level);
(6) dismissal from post;
(7) disciplinary discharge from military service.
Among the above punishments, a disciplinary warning is the lightest punishment and in succession, a disciplinary discharge is the most severe punishment.
Demotion to a lower post grade (or level) means reduction in post grade (or specialized technical level): demotion in military rank (or level) means reduction in military rank (or civilian cadre level). Demotion to a lower post grade (or level) shall not apply to officers of the grade of platoon leader or specialized technical level 14, nor to civilian cadres graded at the office worker level or specialized technical level 14; demotion in military rank (or level) shall not apply to officers with the rank of Second Lieutenant or civilian cadres of level 9. Demotion to a lower post grade (or level) or military rank (or level) is usually by one post grade (or level) or one military rank (or level). For those officers and civilian cadres who are dismissed from post, their remuneration shall be reduced by at least one post grade (or level); for those officers of the grade of platoon leader or specialized technical level 14 and civilian cadres graded at the office worker level or specialized technical level 14 who are dismissed from post, reduction of remuneration shall not apply.
Article 81: Officers, civilian cadres and non-commissioned officers who in a given year are punished in accordance with this Regulation above the level of recording of a demerit, or without permission leave their work station for an accumulated total of more than 8 days, or who, after an order of appointment is announced, without the approval of the organization are unjustifiably overdue to report to the post, shall have the regular increase in their post (or specialized technical level) salary, military rank (or civilian cadre level) salary, or non-commissioned officer rank salary suspended for one year starting from January 1st of the following year. Specific measures for the implementation of this provision shall be prescribed by the PLA General Staff Headquarters, and the General Political, General Logistics and General Armaments Departments.
Section 3: Conditions of punishment
Article 82: Those who spread erroneous opinions on political matters, or write, compile or publish articles or books on political issues, or join or take part in political organizations or political activities prohibited by the army, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 83: Those who fight passively in combat or flinch from battle, in less serious circumstances shall be punished with recording of a demerit or serious demerit; in more serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 84: Those who in time of war intentionally harm innocent inhabitants, or intentionally infringe the interests of inhabitants, in less serious circumstances shall be punished with recording of a demerit or serious demerit; in more serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 85: Those who mistreat a prisoner of war, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 86: Those who refuse to carry out the orders and instructions of superiors, disobey orders or defy prohibitions, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 87: Those who violate the regulations on military training, lower the quality standards of military training or interfere with the fulfillment of military training, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 88: Those who are slack in work or without reason fail to participate in study, work, training, duty, etc., in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 89: Those who slip up in their work and thereby cause losses or harmful effects, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 90: Those who practice fraud, deceive their superiors and subordinates, or withhold the facts and cause harmful effects and losses, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 91: Those who violate the rules and regulations or operating instructions and thereby cause accidents or other losses, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 92: Those who violate the secrecy regulations of the state or the army, although not resulting in the leaking or betrayal of secrets, but nonetheless endangering the security of military secrets, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances or where top-secret matters are involved they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level).
Those who violate the secrecy regulations of the state or the army resulting in the leaking or betrayal of secrets, in less serious circumstances shall be punished with recording of a demerit or serious demerit; in more serious circumstances or where top-secret matters are involved they shall be punished with demotion to a lower post grade (or level) or military rank (or level); in especially serious circumstances they shall be punished with dismissal from post.
Article 93: Those who violate the regulations on the use of mobile telephones or the Internet, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level).
Article 94: Those who leave the country without authorization, in less serious circumstances shall be punished with recording of a demerit or serious demerit; in more serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 95:Those who without authorization are absent from their army unit, or without reason fail to return after a leave of absence, for less than 7 days shall be punished with a disciplinary warning or serious disciplinary warning; if absent for a period totaling more than 8 days but less than 15 days they shall be punished with recording of a demerit or serious demerit; if absent for a period totaling more than 16 days they shall be punished with demotion to a lower post grade (or level) or military rank (or level) or dismissal from post, and a conscript who has been absent for a period totaling more than 30 days shall be punished with striking of name from the roll in accordance with Article 119 of this Regulation.
Article 96: Those who engage in fighting, or are involved in assembling a crowd to create a disturbance, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 97: Those who get drunk and create a disturbance or disrupt normal order, or after drinking drive a vehicle or operate weaponry, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 98: Those who participate in gambling, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 99: Those who take liberties with or insult a woman, or engage in improper sexual behavior, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 100: Those who watch or disseminate obscene material, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 101: Those who steal or commit fraud in relation to public or private property, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 102: Those who violate the regulations on managing equipment, lose, abandon or damage equipment, or without authorization use, sell, lend or privately store equipment, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 103: Those who rent, sell, or in violation of the regulations lend military vehicles or military vehicle number plates, or sell off, copy, rent, or without authorization lend or give military uniforms or insignia as a gift, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 104: Those who violate the regulations on the management and use of military certificates and seals, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 105: Those who violate the regulations on the appearance, bearing and discipline of soldiers or the code of conduct for soldiers prescribed by the Routine Service Regulations of the Chinese Peoples Liberation Army, in more serious circumstances shall be punished with a disciplinary warning up to recording of a serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level).
Article 106: Those who start rumors and slander or frame others, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 107:Those who humiliate, beat and scold, or inflict physical punishment or disguised form of physical punishment on subordinates, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 108:Those who take advantage of their position and power to retaliate or create difficulties for those comrades who have given a critical opinion of them or have reported problems to or lodged a complaint (or appeal) with a superior, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 109: Those who see the lives and property of comrades-in-arms and the masses or the public property of the state are in danger and fail to render assistance, in less serious circumstances shall be punished with a serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 110: Those who take advantage of their position and power in order to embezzle the economic benefits of soldiers or subordinates or public property, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 111: Those who are corrupt, or offer or accept bribes, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 112: Those who misappropriate, conceal or privately distribute public funds or property, or in other respects violate financial and economic discipline, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 113: Those who abuse their power for personal gain in the process of selecting and appointing cadres, choosing non-commissioned officers, or the conscription of soldiers, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 114: Those who participate in business or evade taxation, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 115:Those who violate the regulations on the management of military real estate, or rent, sell or transfer military real estate without authorization, make changes in the use of military land without authorization, or by mismanagement cause the erosion of military land, in less serious circumstances shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 116:Those who exceed the limitations on family planning shall be punished with demotion to a lower post grade (or level) or military rank (or level) or more severe punishment: for other violations of the regulations on family planning, in less serious circumstances they shall be punished with a disciplinary warning or serious disciplinary warning; in more serious circumstances they shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 117:When transferred to civilian work, discharged from active military service or transferred (or assigned) to another job, those who without a proper reason fail to report for duty (or leave the ranks) at the specified time shall be punished with a disciplinary warning or serious disciplinary warning; those who disobey the decisions of the organization, willfully make trouble or interfere with normal order shall be punished with recording of a demerit or serious demerit; in especially serious circumstances they shall be punished with demotion to a lower post grade (or level) or military rank (or level), or dismissal from post.
Article 118: Those who violate discipline in situations other than those specified in Articles 82 to 117 of this Regulation that are comparable in their nature and circumstances to disciplinary offenses listed in this Regulation shall be punished accordingly with a disciplinary warning up to dismissal from post.
Article 119: Conscripts who violate discipline in any one of the following circumstances shall be punished with striking of name from the roll:
(1) concealing criminal offences committed prior to enlisting, but being investigated for criminal responsibility by local judicial authorities after enlisting;
(2) without a proper reason persisting to request early discharge from active service, and frequently refusing to carry out ones duty despite having undergone criticism and education;
(3) without authorization being absent from their army unit for a period totaling more than 30 days, or without reason failing to return for a period totaling more than 30 days after a leave of absence.
Article 120: Those who violate discipline in any one of the following circumstances shall be punished with a disciplinary discharge from military service:
(1) the violation constituted the crime of endangering national security;
(2) committing an intentional crime and sentenced to more than 5 years imprisonment, life imprisonment, or the death penalty;
(3) being sentenced to less than 5 years imprisonment, or to more than 5 years for a crime of negligence, or given re-education through labor if, during the term of imprisonment or re-education through labor, they resist reform in serious circumstances;
(4) violating discipline in serious circumstances, making a very bad impression, having lost the fundamental qualifications of a serviceman.
Article 121: Those personnel whose violation of the criminal law constitutes a criminal offence, and for whom criminal responsibility has been affixed according to law, where Article 120 of this Regulation providing for the punishment of a disciplinary discharge from military service does not apply, shall be punished with demotion to a lower post grade (or level) or military rank (or level), dismissal from post, or striking of name from the roll.
Section 4; Authorization of punishments
Article 122: Authorization to implement the punishment of conscripts shall be determined in accordance with the following provisions:
(1) a disciplinary warning is to be approved by the company;
(2) a serious disciplinary warning is to be approved by the battalion;
(3) recording of a demerit or serious demerit, demotion to a lower post grade or dismissal from post is to be approved by the regiment or brigade;
(4) striking of name from the roll or disciplinary discharge from military service is to be approved by the corps.
Authorization to implement the punishment of non-commissioned officers shall be determined in accordance with the following provisions:
(1) for junior and intermediate non-commissioned officers, a disciplinary warning is to be approved by the company, a serious disciplinary warning by the battalion, recording of a demerit or serious demerit, demotion to a lower post grade or dismissal from post by the regiment or brigade, and a disciplinary discharge from military service is to be approved by the corps;
(2) for senior non-commissioned officers, a disciplinary warning is to be approved by the battalion, a serious disciplinary warning by the regiment or brigade, recording of a demerit or serious demerit, demotion to a lower post grade, or dismissal from post by the brigade or division, and a disciplinary discharge from military service is to be approved by the military area command.
The implementation of the punishment of demotion in military rank for soldiers shall be by the same approval authorities that approve the awarding of or promotion in military rank of soldiers in accordance with the provisions of the Regulations of the Chinese Peoples Liberation Army on the Military Service of Soldiers in Active Service.
Article 123:Authorization to implement the punishment of officers and civilian cadres shall be determined in accordance with the following provisions:
(1) for officers of the grade of platoon leader and specialized technical officers at level 14, or civilian cadres graded at the office worker level or specialized technical level 14, a disciplinary warning or serious disciplinary warning are to be approved by the battalion, recording of a demerit or serious demerit by the regiment or brigade, and a disciplinary discharge from military service by the military area command;
(2) for officers of the grade of company leader and specialized technical officers at levels 13 and 12, or civilian cadres graded at the section staff level or specialized technical levels 13 and 12, a disciplinary warning, a serious disciplinary warning, and recording of a demerit or serious demerit are to be approved by the regiment or brigade, and a disciplinary discharge from military service by the military area command;
(3) for officers of the grade of battalion leader and specialized technical officers at levels 11 and 10, or civilian cadres graded at the section leader level or specialized technical levels 11 and 10, a disciplinary warning or serious disciplinary warning are to be approved by the regiment or brigade, recording of a demerit or serious demerit by the brigade or division, and a disciplinary discharge from military service by the military area command;
(4) for officers of the grade of regiment leader and specialized technical officers at levels 9, 8 and 7 (intermediate level specialized technical posts), or civilian cadres graded at the office level or specialized technical levels 9, 8 and 7 (intermediate level specialized technical posts), a disciplinary warning or serious disciplinary warning are to be approved by the division, recording of a demerit or serious demerit by the corps, and a disciplinary discharge from military service by the military area command; for officers of the grade of deputy regiment leader and specialized technical officers at level 9, or civilian cadres graded at the deputy office level or specialized technical level 9, a disciplinary warning or serious disciplinary warning can be approved by the brigade;
(5) for officers of the grade of division leader and specialized technical officers at levels 7 (senior level specialized technical posts) 6, 5, and 4, or civilian cadres graded at the bureau level or specialized technical levels 7 (senior level specialized technical posts), 6, 5 and 4, a disciplinary warning or serious disciplinary warning are to be approved by the corps, recording of a demerit or serious demerit by the military area command, and a disciplinary discharge from military service by the Central Military Commission;
(6) for officers of the grade of corps leader and specialized technical officers or civilian cadres above level 3, a disciplinary warning or serious disciplinary warning are to be approved by the military area command, and recording of a demerit or serious demerit or a disciplinary discharge from military service by the Central Military Commission, and the Central Military Commission can authorize the General Political Department to examine and approve the punishments of recording of a demerit or serious demerit on its behalf;
(7) for officers of the grade of military area command leader, all punishments are to be approved by the Central Military Commission.
The punishments of demotion to a lower post grade (or level) and dismissal from post shall be implemented in accordance with the provisions of the Law of the Peoples Republic of China on Officers in Active Service and the regulations of the Central Military Commission concerning the authority to approve the appointment and removal of officers and civilian cadres; the punishment of demotion in military rank shall be implemented in accordance with the authority set out in the Regulations on the Military Ranks of Officers of the Chinese Peoples Liberation Army; for civilian cadres the punishment of demotion in level shall be implemented in accordance with the authority set out in regulations of the General Political Department.
The Party committee of a military area command as well as other units of equivalent level, and a corps-level Party committee, can authorize the political organ at the same level to examine and approve the punishments of recording of a demerit or serious demerit on its behalf.
Units above the regiment level that examine and approve the punishment of an officer or civilian cadre by a disciplinary warning, a serious disciplinary warning, or recording of a demerit or serious demerit should report the punishment to the Party committee of the unit that has the authority to appoint such officer or civilian cadre to or remove them from administrative posts (or specialized technical levels) for the record.
The punishment of officers and civilian cadres in senior level specialized technical posts by demotion to a lower post grade (or level), demotion in military rank (or level) or dismissal from post should be reported to the General Political Department for the record.
Article 124:All PLA headquarters departments, all services and branches, the Academy of Military Science and the National Defense University have the authority to punish of a military area command.
Article 125: The naval fleets, the air force of the military area commands, as well as other units of equivalent level can approve the punishment of a disciplinary discharge from military service of officers below the grade of deputy regiment leader or specialized technical level 9, and civilian cadres below the grade of deputy office level or specialized technical level 9; and can approve the punishments of recording of a demerit or serious demerit of officers of the grade of division leader or specialized technical levels 7 (senior level specialized technical posts),6, 5, and 4, and civilian cadres graded at the bureau level or specialized technical levels 7 (senior level specialized technical posts), 6, 5, and 4; and can approve the punishments of a disciplinary warning or serious disciplinary warning of officers of the grade of deputy corps leader or specialized technical level 3, and civilian cadres graded at specialized technical level 3.
Article 126: Units at a level corresponding to a company, a battalion, a regiment, a division or a corps have the same authority to implement punishment from the company to the corps level respectively.
Article 127: All levels of headquarters departments, political departments (offices), logistics (joint logistics) departments (offices), and armaments departments (offices) as well as other organs of the equivalent level have the same authority to punish violations of discipline by the personnel of their directly subordinate and affiliated units as they have with respect to the military units and sub-units at the next lower level.
Article 128: For personnel who have left their unit or are sent by the organization to attend training or temporary duty and during this period violate discipline, the temporary unit shall solicit the opinion of the original unit and then implement punishment in accordance with its authority.
Where a provisional Party committee (branch) has been established the temporary unit can implement the punishment of subordinate personnel who violate discipline in accordance with the clear competence of higher authorities.
Article 129: For the purpose of determining the authority to punish, cadets of military academic institutions who have been recruited from among ordinary high school graduates or from the ranks of soldiers shall be treated as soldiers; graduate national defense students who have completed the enrollment procedures but whose post or specialized technical level has not yet been determined, graduates from ordinary colleges and universities directly recruited to work in the army, and graduates from ordinary colleges and universities who have been admitted to military institutes for postgraduate studies, as well as graduate cadets of military academic institutions whose post or specialized technical level has not yet been determined, shall be treated as officers of the grade of platoon leader or specialized technical level 14; officer cadets and civilian cadre cadets shall be treated according to their current post grade or specialized technical level.
Article 130:For officers and civilian cadres who have both an administrative post and a specialized technical level, authorization for the implementation of punishment shall be determined according to the higher of either the administrative post or specialized technical level.
Article 131: Punishment should normally be implemented at the level authorized to do so, but because of organizational factors or other special circumstances a superior may bypass the immediate leadership to punish subordinates.
Section 5: Implementation of punishment
Article 132: Punishment should be implemented on the basis of the mistake of the offender, its nature, circumstances and effects, as well as ones consistent behavior and their understanding of their mistake, etc., and is to be carefully implemented in accordance with the punishment items, conditions of punishment, and procedures in this Regulation.
Where a person commits two or more disciplinary violations at the same time, they should be dealt with together and the punishment increased.
Punishment can only be given once whether one or more disciplinary violations are committed.
Article 133: In any one of the following circumstances the punishment can be lenient or mitigated:
(1) taking the initiative to confess the mistake, or taking the initiative to return what was gained from the violation of law or discipline;
(2) taking the initiative to report a violation of discipline committed jointly with others, once verified by investigation as a fact;
(3) taking the initiative to redeem what was lost or bad effects, or to vigorously prevent the occurrence or development of harmful consequences.
Article 134:In any one of the following circumstances punishment should be severe or aggravated:
(1) concealing or refusing to admit ones mistake as well as falsifying, destroying, or hiding evidence;
(2) where two or more people jointly violate discipline but one of them has greater effects;
(3) violating discipline oneself and coercing or instigating others to violate discipline;
(4) covering up the mistakes of other personnel who jointly violate discipline, or preventing others from reporting offences, confessing their mistakes, or providing evidence;
(5) other interference with or hampering of the investigation of a discipline violation.
Article 135:The implementation of punishment shall be conducted in accordance with the following procedures:
(1) leading officers or designated organs are responsible for verifying the facts of a violation of discipline by the offender and preparing written materials;
(2) the Party committee (or branch) convenes a meeting to study and decide on the punishment of the offender; where the punishment exceeds its jurisdiction it shall report to the Party committee at a higher level for approval;
(3) on the basis of the decision of the Party committee (or branch),the chief officers in charge of the unit that approves the punishment shall implement the punishment.
In urgent circumstances the leading officer can directly decide to implement the punishment of subordinates, but afterwards shall report the decision to the Party committee (or branch) and take the responsibility for it.
Article 136:Offenders should be dealt with promptly and punishment generally given within 45 days of the discovery of the offence. Complex cases or cases that have other special circumstances requiring an extension of the time limit should be reported to higher authority for approval.
Article 137:Before a punishment decision is announced, it is necessary to meet with the person to be punished and listen to any objection they may have. If the person disagrees with the punishment, an appeal can be raised within 10 days of the announcement of the punishment decision. The implementation of punishment is not suspended during the appeal.
Article 138:Punishment decisions shall be issued in writing or verbally, and announced in front of the formation or in a meeting, or they can also be circulated in writing or announced only to the person being punished. Punishment decisions issued in writing take the form of a general order. Whether the punishment decision is issued in writing or verbally, the Punishment Registration (Report) Form must be completed (see Appendix 4 for an example). After the announcement of the punishment, the Punishment Registration (Report) Form, the punishment general order, as well as other related materials should be put in the offenders' file.
Those who are subject to punishment should be warmly helped by persuasion and education to do good ideological work and must not be discriminated against or humiliated, and beating and scolding, physical punishment and disguised form of physical punishment are strictly forbidden.
Article 139:After completing a period of 6 months for those punished with a disciplinary warning or a serious disciplinary warning, a period of 12 months for those punished with recording of a demerit or serious demerit, a period of 18 months for those punished with demotion to a lower post grade (or level) or military rank (or level), or a period of 24 months for those punished with dismissal from post, offenders who have really corrected their mistakes are no longer affected in their promotion of post grade (or level) or promotion in military rank (or level) by reason of the punishment. Those who have made a special contribution need not be subject to the time limits mentioned above.
Article 140:For those conscripts who meet the conditions both for the striking of name from the roll and for re-education through labour, their names should be struck from the roll after the period of re-education through labor is completed.
Article 141 :For officers and civilian cadres who have both an administrative post and a specialized technical level, the implementation of the punishment of demotion of post grade (or level) should be based upon the nature of their disciplinary offence and its circumstances and consequences, and their administrative post grade or specialized technical level reduced. If the political treatment and living conditions they enjoy are not thereby reduced, then the higher of the administrative post grade or specialized technical level should be reduced again.
Article 142:For officers and civilian cadres who have both an administrative post and a specialized technical level, the implementation of the punishment of dismissal from post should be based upon the nature of their disciplinary offence and its circumstances and consequences, and both their administrative post and specialized technical post can be revoked at the same time, or just the administrative post alone can be revoked. If the disciplinary offence touches upon their level of technical expertise, or other circumstances make them unfit to continue to hold the specialized technical post, then both their administrative post and specialized technical post should be revoked at the same time.
For officers and civilian cadres who have both an administrative post and a specialized technical level, the implementation of the punishment of dismissal from post should be in accordance with the following provisions in order to clarify their political treatment and living standard:
(1) where the administrative post grade is equal to or higher than the specialized technical level, the administrative post grade only is to be reduced, and if the redefined administrative post grade is lower than the former specialized technical level, then the specialized technical level should be reduced to the corresponding level;
(2) where the administrative post grade is lower than the specialized technical level, the specialized technical level only is to be reduced, and if the redefined specialized technical post is lower than the former administrative post grade, then the administrative post grade should be reduced to the corresponding level.
Article 143:For a conscript whose name is to be struck from the roll the battalion level unit where the conscript is posted puts forward a proposal as to punishment in writing, and the headquarters office of the regiment or brigade conducts an investigation and verification, and after verification by the chief officers in charge of the brigade or division it is reported to the corps level unit for approval.
Article 144:A conscript whose name has been struck from the roll shall be deprived of military rank and their former post shall be revoked, and they shall not enjoy the preferential treatment given to former active duty military personnel by the state. Upon leaving the ranks no formalities of discharge from active military service shall be done, but the approving authority shall issue a certificate, and a specially designated person shall return the conscripts archival material to the peoples armed forces department of the county (city, district) from where the conscript was recruited.
The peoples armed forces department of the county (city, district) should promptly receive the conscript whose name has been struck from the roll, and assist in arranging settlement formalities, the transfer of archival material and related procedures, and notify the relevant entities within the county (city, district).
Article 145 :Personnel who have been given a disciplinary discharge from military service shall be deprived of military rank and of any awards obtained while serving and their former post and grade shall be revoked, and they shall not enjoy the preferential treatment given to former active duty military personnel by the state. Upon leaving the ranks no formalities of discharge from active military service shall be done, but the approving authority shall issue a certificate, and a specially designated person shall deliver it.
The peoples armed forces departments of the county (city, district) should notify the relevant entities within the county (city, district) of personnel who have been given a disciplinary discharge.
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