Chapter Four: Disciplinary Actions Against Party Members Who Have Committed Violations or Crimes
2025年06月30日 16:41
Article 28: Party members who commit violations of law or discipline shall be subject to disciplinary sanctions in accordance with the relevant regulations, ensuring the organic integration of disciplinary and legal measures and the appropriate alignment of party disciplinary sanctions with administrative and other forms of punishment.
Article 29: Where a Party organization, during disciplinary inspection, discovers that a Party member has engaged in conduct that violates the law and is suspected of committing a crime—such as embezzlement and bribery, abuse of power, dereliction of duty, rent-seeking through the exercise of power, transfer of benefits, favoritism and fraud, or waste of state assets—it shall impose the disciplinary sanctions of removal from internal Party posts, probation within the Party, or expulsion from the Party.
Article 30: Where a Party organization, in the course of disciplinary inspection, discovers that a Party member has engaged in conduct prescribed by the Criminal Law that, although not constituting a crime, nevertheless warrants accountability under Party discipline, or has committed other unlawful acts that undermine the socialist market economy order, violate public security administration, or otherwise harm the interests of the Party, the state, and the people, the organization shall, depending on the specific circumstances, impose disciplinary sanctions ranging from a warning to expulsion from the Party.
Any violation of state financial and economic discipline, including unlawful conduct in public fund revenue and expenditure, tax administration, state-owned asset management, government procurement management, financial management, and financial accounting management, shall be handled in accordance with the provisions of the preceding paragraph.
Party members who engage in prostitution or the use or injection of drugs—acts that undermine the qualifications of a Party member and seriously damage the Party’s image—shall be expelled from the Party.
Article 31: Where a Party organization, during disciplinary inspection, discovers that a Party member has committed serious violations of discipline and is suspected of engaging in illegal or criminal conduct, it shall, in principle, first make a decision on Party disciplinary sanctions; thereafter, in accordance with the relevant provisions, the supervisory authority shall impose administrative sanctions, or the appointing and removing authority (or unit) shall impose disciplinary sanctions; only after such measures have been taken shall the case be referred to the relevant state organs for handling in accordance with the law.
Article 32: Where a Party member is placed under lawful detention or arrest, the Party organization shall, in accordance with its authority of management, suspend such Party member’s rights as the right to vote, the right to elect, and the right to be elected. Upon receipt of the handling decisions of the supervisory and judicial organs, if it is determined that the Party member’s rights may be restored, such rights shall be promptly restored.
Article 33: Where a Party member commits a crime of minor severity and the People’s Procuratorate, in accordance with the law, decides not to prosecute, or where the People’s Court, in accordance with the law, renders a guilty verdict but exempts the person from criminal punishment, disciplinary action shall be taken to revoke the Party post, place the person on probation within the Party, or expel the person from the Party.
Where a Party member commits a crime and is sentenced solely to a fine, the provisions of the preceding paragraph shall apply.
Article 34: Where a Party member commits a crime and any of the following circumstances exists, he or she shall be expelled from the Party:
(1) Having been lawfully sentenced to a principal penalty prescribed by the Criminal Law for an intentional crime (including a suspended sentence);
(2) Imposition of the penalty of deprivation of political rights, either as a principal or additional punishment;
(3) Having been sentenced by law to a fixed-term imprisonment of more than three years (excluding three years) for a crime committed through negligence.
Where a person is convicted of a crime committed through negligence and sentenced to imprisonment of no more than three years, or to probation or detention, he or she shall, as a general rule, be expelled from the Party. In exceptional cases where expulsion may be waived, the matter shall be submitted for approval to the next higher Party organization in accordance with the provisions governing the authority to approve disciplinary actions against Party members who have violated Party discipline.
Article 35: Where a Party member is subject to criminal liability in accordance with the law, the Party organization shall, in accordance with the provisions of these Regulations and on the basis of the final judgments, rulings, or decisions of the judicial organs as well as the facts, nature, and circumstances as determined therein, impose disciplinary sanctions in accordance with Party discipline; if the individual is a public official, the supervisory organ shall impose corresponding administrative sanctions, or the appointing and removing authority (or unit) shall impose corresponding disciplinary sanctions.
Where a Party member, in accordance with the law, is subject to administrative disciplinary action, disciplinary action imposed by the organ or unit that makes appointments and removals, or administrative punishment, and is therefore liable for Party discipline, the Party organization may, on the basis of the facts, nature, and circumstances as determined in the final decision on such disciplinary action or administrative punishment and after verification, impose corresponding Party disciplinary sanctions or organizational measures in accordance with the relevant provisions. In particular, where a Party member is, in accordance with the law, subjected to a disciplinary sanction of removal from office or more severe, the Party organization shall, in accordance with the provisions of these Regulations, impose a disciplinary sanction of revocation of Party post or more severe.
Where a Party member, in violation of state laws and regulations or the rules and regulations of enterprises, public institutions, or other social organizations, has been subjected to other disciplinary measures and is therefore subject to Party disciplinary accountability, the Party organization shall, after verifying the facts, nature, and circumstances as determined by the relevant authorities, impose the corresponding Party disciplinary sanction or organizational handling in accordance with the relevant provisions.
Where, following the imposition of a disciplinary sanction or organizational measure by a Party organization, supervisory, judicial, or administrative organs, in accordance with the law, alter a previously effective judgment, ruling, or decision in a manner that affects the original disciplinary sanction or organizational measure, the Party organization shall, on the basis of the altered and now effective judgment, ruling, or decision, reissue the corresponding sanction or measure.
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