Party Building

Chapter 5 Other Provisions

2025年06月30日 16:41

  Article 36: If a probationary party member violates Party discipline and the circumstances are relatively minor, the Party organization shall either criticize and educate the individual or extend the probationary period, provided that the individual’s status as a probationary party member may be retained; if the circumstances are relatively serious, the individual’s status as a probationary party member shall be revoked.

  Article 37: Disciplinary actions shall be taken, on a case-by-case basis, with respect to Party members whose whereabouts become unknown after committing a disciplinary violation:

  (1) Where a Party member has committed a serious violation of Party discipline that warrants expulsion from the Party, the Party organization shall make a decision to expel such member from the Party;

  (2) Except in the circumstances specified in the preceding paragraph, if a Party member has been missing for more than six months, the Party organization shall expel such member in accordance with the provisions of the Party Constitution.

  Article 38: If a Party member who has violated Party discipline dies before the Party organization makes a disciplinary decision, or if serious disciplinary violations are discovered after the member’s death, those who should be expelled from the Party shall be expelled; for those who should receive a disciplinary sanction of probation within the Party or less, a written conclusion on the violation of Party discipline shall be made, together with the corresponding handling.

  Article 39. Distinction of Responsible Personnel in Disciplinary Violations:

  (1) A direct perpetrator refers to a Party member or a leading Party official who, within the scope of their duties, fails to perform or improperly performs their duties, thereby playing a decisive role in the losses or consequences that result.

  (2) The principal person in charge refers to a Party member who, within the scope of his or her duties, fails to perform or improperly performs the duties assigned to him or her, and thus bears direct leadership responsibility for the losses or consequences that result.

  (3) Key leading persons in charge refer to Party member leading cadres who, within the scope of their duties, fail to perform or improperly perform their duties with respect to matters under their jurisdiction or matters in which they participated in decision-making, and thus bear secondary leadership responsibility for the losses or consequences thereby incurred.

  For the purposes of these Regulations, “leadership responsibility holders” include principal leadership responsibility holders and significant leadership responsibility holders.

  Article 40: For the purposes of these Regulations, “voluntary disclosure” refers to a Party member suspected of disciplinary violation disclosing his or her own problems to the relevant organization prior to organizational talks and inquiries or preliminary verification, or disclosing problems that the organization has not yet ascertained during such talks and inquiries, preliminary verification, or the course of case filing and review.

  Article 41: Where Party members and cadres holding ranks or grades in separate position series violate Party discipline and are subject to disciplinary action that necessitates an adjustment of their ranks or grades in such series, the provisions of these Regulations concerning non-Party positions shall apply by analogy.

  Article 42: In calculating economic losses, all property losses that have actually occurred at the time of case filing shall be included, including all expenditures and expenses incurred in order to mitigate the losses caused by the violation of discipline. Economic losses that continue to occur from the time of case filing until the disposition is made shall also be calculated in their entirety.

  Article 43: Any economic benefits obtained through disciplinary violations shall be confiscated or ordered to be refunded. Any proceeds from disciplinary violations and compensation for economic losses voluntarily surrendered shall be accepted and, in accordance with the relevant regulations, either confiscated or returned to the pertinent organizations or individuals.

  Any benefits obtained through disciplinary violations, including positions, ranks, professional titles, academic qualifications, degrees, awards, and other qualifications, shall be rectified by the disciplinary inspection organ handling the case or by its superior disciplinary inspection organ, which shall recommend that the relevant organizations, departments, or units take corrective measures in accordance with the applicable regulations.

  With respect to Party members whose cases are handled in accordance with Articles 37 and 38 of these Regulations, any benefits obtained through the commission of disciplinary violations, as determined by investigation, shall be dealt with in accordance with the provisions of this Article.

  Article 44: Upon the issuance of a decision on disciplinary action by the Party, the decision shall be announced within one month to all members of the primary Party organization to which the disciplined Party member belongs, as well as to the disciplined Party member himself; where the disciplined person is a member of the leading body, the decision shall also be announced to the leading body of the relevant Party organization. In accordance with the authority for cadre management and organizational affiliation, the materials pertaining to the disciplinary decision shall be filed in the disciplined person’s personnel record. For those who have been subjected to disciplinary measures of removal from Party office or more severe, the corresponding procedures for changes in position, salary, work assignment, and other related benefits shall also be completed within one month; where such measures entail the revocation or adjustment of non-Party positions, the relevant non-Party organizations shall be advised to promptly revoke or adjust the corresponding non-Party positions. In exceptional circumstances, with the approval of the organization that made or approved the disciplinary decision, the time limit for completing these procedures may be appropriately extended, but the extension shall not exceed six months.

  Article 45 The organ responsible for implementing the decision on disciplinary action by the Party, or the unit where the Party member subject to discipline is employed, shall, within six months, report to the organ that made or approved the disciplinary decision on the status of implementation of such decision.

  Party members who are dissatisfied with the disciplinary sanctions imposed on them may file an appeal in accordance with the Party Constitution and relevant regulations.

  Article 46: Where a Party member has been disciplined for violating Party discipline and the period of impact has expired, the Party organization is not required to rescind the disciplinary action.

  Article 47: In this Regulation, the terms “above” and “below,” unless otherwise specifically indicated, shall include the specified level or number.

  Article 48 The general provisions of these Regulations shall apply to other internal Party regulations that provide for disciplinary sanctions; provided, however, that this shall not apply where other internal Party regulations promulgated or approved by the CPC Central Committee contain special provisions.