Regulations of the Communist Party of China on the Protection of Party Members' Rights (Trial)
Release Department: Central Discipline Inspection Commission Supervision Department
[Published: December 1994 Effective: December 1994 Effectiveness: Effective]
Chapter I General Provisions
Article 1 These regulations are specifically formulated in accordance with the Constitution of the Communist Party of China in order to promote democracy within the party, improve the life within the party, and ensure the normal exercise and inviolability of party members' rights.
Article 2. All rights stipulated in the party charter enjoyed by party members must be respected and protected, and no party member or any organization of the party at any level has the right to take it away.
Article 3 adheres to the principle of democratic centralism, that is, the combination of concentration on the basis of democracy and democracy under the guidance of concentration, fully promotes democracy within the party, improves democratic life, and strengthens organization and discipline.
Article 4: Adhere to the principle that everyone is equal before party discipline, and do not allow any party member to enjoy privileges.
Article 5: The principle of unity of rights and obligations is adhered to. Party members must exercise their rights in accordance with the provisions of the Party Constitution and operate within the scope of the Constitution and the law.
Article 6 adheres to the principle of seeking truth from facts, and the determination and punishment of violations of the rights of party members must be based on facts and the party constitution and other intra-party regulations as the criterion.
Article 7 Any act that violates the rights of party members shall be investigated; if the circumstances are serious, they must be punished by the party.
Chapter II Rights of Party Members
Article 8 Party members have the right to participate in party group meetings, branch conferences, party member conferences, and related meetings that they should attend in accordance with their positions and representative qualifications within the party. Party members should actively participate in relevant party meetings, and those who cannot attend the meeting for any reason should perform leave procedures.
Party members have the right to read all kinds of documents within the party that can be read according to regulations.
Party members have the right to request training according to the plan of the party organization. Party members are subject to organizational arrangements when receiving training.
Article 9 Party members have the right to participate in discussions on party policies and theoretical issues at party meetings, and they can fully express their opinions at party meetings.
Party members have the right to participate in discussions on party policies and theoretical issues organized by the party's central and local organizations in the party newspaper and journal. During the discussion, party members submitting manuscripts in their own names do not need to be reviewed or approved by their party organizations.
In discussing the party's policy and theoretical issues, party members must adhere to the party's basic line and ideologically and politically agree with the party's central committee.
Article 10 Party members have the right to make suggestions and suggestions on all aspects of the work of party organizations in their own units, regions, and departments, party organizations at higher levels, and the central authorities, verbally or in writing.
Article 11 Party members have the right to critically criticize any party organization and any party member at the party meeting, and also have the right to critically criticize any party organization and any party member by writing a letter, but the critical letter can only be sent by The object of criticism and the party organization or superior party organization it belongs to.
Party members have the right to verbally or in writing report to the party's organizations at all levels up to the central authorities to report and report the facts that any party organization and any party member has violated the law and discipline, and have the right to demand the punishment of party members who violate the law and discipline.
Party members have the right to ask the party's organization to remove or remove incompetent party member leaders.
Party members must seek truth from facts, clearly list factual basis, and not exaggerate and distort facts, and must not fabricate facts or false accusations. They must act in accordance with organizational principles, comply with relevant procedures, and not arbitrarily spread or spread.
Article 12: Party organizations discuss the issue of decision and implement the principle that the minority submits to the majority. Decisions on important issues shall be fully negotiated and considered, and voting shall be conducted when necessary. Participating party members have the right to say yes or no, and can also abstain.
Important issues mainly refer to:
(1) Matters involving the party's line, guidelines, and policies;
(2) deployment of major work tasks;
(3) According to the regulations on cadre management, the appointment, removal, transfer and handling of cadres that are collectively discussed;
(4) important issues involving the interests of the masses;
(5) Development of new party members;
(6) Other issues stipulated by the superior party organization that should be determined collectively by the party organization.
Every formal party member has the right to vote and to be elected (except for party members who are being punished by the resident party). Electors have the right to know the situation of the candidate, to request a change of candidate, not to choose any candidate and to choose another person.
Article 13 When the party branch conference discusses and decides on the party disciplinary actions against party members, and when the party organization appraises the party members, I have the right to participate and defend, and other party members can testify and defend them.
Pleadings, testimony and defense must be factual. Those who give false testimony shall be investigated by the party.
Article 14 If party members have different opinions on the party ’s resolutions and policies, they shall have the right to declare their reservations to the party organization orally or in writing on the premise of resolute implementation, and have the right to propose to the party's superior organization up to the central government.
Article 15 Party members who have encountered important problems in politics, work, and study and need help from party organizations have the right to submit requests to party organizations at all levels up to the central government.
Party members who are not satisfied with the sanctions, appraisals, examination conclusions, or other treatments given by the party organization to themselves or other party members have the right to appeal to the party organization up to the central level.
When party members' various legal rights and interests are infringed by party organizations or other party members, they have the right to file a complaint with their superior party organizations until the central authorities.
Party members should have justified reasons and seek truth from facts when making requests, appeals, and complaints.
Chapter III Protection of Party Members' Rights
Article 16 Party organizations must create conditions to ensure that party members participate in various meetings in which they should participate in a timely manner. The organization, convener or organization of the meeting shall notify the party members who should attend the meeting before the meeting. After the party congress, party congress, plenary meeting of the party committee, and other important party meetings, the party organization shall promptly communicate the contents and resolutions of the meeting to the party members in accordance with relevant regulations and requirements.
Party organizations should provide party members with the necessary conditions for reading party documents. When party members cannot read documents directly due to lack of reading ability or other conditions, party organizations should promptly read documents to party members.
Party organizations must take various forms in a planned way, and often educate and train party members.
Article 17 Party organizations shall organize and guide party members to participate in discussions on party policy issues in accordance with the arrangements of superior party organizations. When the party's central or local organization decides to discuss a certain aspect of the issue at the meeting and in the party newspaper, the party newspaper should inform the party members of the time, method and content of the discussion in an appropriate way so that the party members can participate in the discussion.
Article 18 Party organizations shall support and encourage party members to make suggestions and proposals on the work of the party. Party organizations should carefully study the suggestions and suggestions made by party members, and should reasonably adopt and advise the party members who made suggestions and suggestions. Party organizations should give commendations or rewards for improving the work of the party.
Article 19 Party organizations must support party members to carry out criticism and self-criticism within the party, and support party members to fight against various illegal and disciplinary acts and unethical practices. Party organizations shall promptly accept criticisms, reports, complaints, and dismissal requests from party members, and then handle them in accordance with the work system of "leveled responsibility and division of labor and responsibility." The signed critics, whistleblower, and accusers should conduct a return visit or return a letter and inform the processing results.
Protect reporters and accusers. The whistle-blower, the accuser, and the content of the whistle-blower and accusation shall be kept confidential. It is not allowed to transfer the prosecution materials to the organizations and personnel who have been accused or accused. Discrimination, harassment, and suppression of critics, prosecutors, and accusers are strictly prohibited, and various forms of retaliation are strictly prohibited.
Supporting and encouraging those who report, report or report the situation truthfully. Where the report or accusation is not completely true, in addition to explaining the untrue part, the true part shall be dealt with. If the report or accusation is not true, it must be distinguished whether it is false or false. If it is a false report, explain the situation and clarify the right and wrong; if it is an obituary, the obligor must be held accountable and dealt with seriously.
Article 20 Party organizations shall vote by show of hands or by voting in accordance with different circumstances when voting at party meetings in accordance with regulations. It is necessary to protect party members participating in voting with equal voting rights, and each vote has equal effect.
When party organizations conduct elections in accordance with regulations, they must fully reflect the will of the electors. The list of candidates shall be determined after the electors have fully considered the discussion. No organization or individual shall in any way force the elector to elect or not elect a person, shall not obstruct the presence of persons with voting or voting rights, and shall not use unorganized activities to pull votes to undermine the election.
Article 21 The party organization's decision on the disciplinary action against party members and the factual materials on which it is based must meet with me and listen to their explanations and arguments. Relevant party organizations must carefully listen to the defenses of party members and other party members' certifications and defenses, further verify and adopt their reasonable opinions. If it is not accepted, explain to me the reasons for not accepting it. The party members shall not be held accountable for their pleadings, testimony and defense.
After the party organization makes a decision on the party members, I must sign an opinion on the decision. If I raise a different opinion, the relevant party organization should write a written explanation, and then submit the decision on sanction, my opinion on the decision to punish, and the written explanation of the party organization's opinion to the examination and approval together. If I refuse to sign an opinion, the relevant party organization shall indicate on the decision on sanction.
Article 22 Party organizations must be good at listening to various opinions. As for party members who hold different opinions, as long as they resolutely implement the party's resolutions and policies, they shall not be held accountable.
Article 23 Party organizations must seriously handle party members' complaints. Party members' complaints should be reviewed or reconsidered by party organizations that have made or approved sanctions, appraisals, review conclusions, or other processing. When a higher-level party organization considers it necessary, it may directly or designate the relevant party organization to conduct a review or reconsideration. It shall be dealt with in a practical manner in accordance with the principles of full error correction, partial error correction, and good correction. The results of the review or reconsideration shall be notified to the complainant. For those who deal with it correctly and I refuse to admit it, I shall criticize education; if it is unreasonable entanglement, I shall formally notify me that I will no longer accept it and make it public within an appropriate scope.
For party members' requests that are reasonable and capable of being resolved, the party organization shall resolve them in a serious and timely manner; for those requirements that are reasonable but cannot be resolved temporarily, explain the situation and actively create conditions to strive for an early resolution; It is required to explain patiently, persuade and educate, and do ideological work well.
Chapter IV Punishment of Violations of Party Members' Rights
Article 24 The handling of violations of the rights of party members is an important part of guaranteeing the rights of party members. In addition to the types of party disciplinary sanctions stipulated in the party constitution, the following methods for non-party disciplinary sanctions can be adopted for the treatment of violations of party members' rights:
(1) order to stop the infringement;
(B) oral criticism;
(3) ordering an apology for injustice;
(4) ordering inspection;
(5) notification of criticism;
(6) Other methods deemed necessary by the party organization.
The above-mentioned non-party disciplinary measures can be used independently, combined, or combined with party discipline. Violations of political discipline shall be handled by the administrative supervisory organ or the unit to which they belong; violations of the law shall be handled by the judicial organs according to law.
Article 25 If the rights of party members are violated and the circumstances are minor, they shall be dealt with in accordance with the non-party disciplinary measures of Article 24 of these regulations.
Article 26 Infringing the rights of party members, one of the following acts must be punished by the party if the circumstances are serious or cause serious consequences:
(1) deliberately failing to notify or obstruct the presence of people with voting or voting rights when conducting voting and elections;
(2) using non-organized activities to pull votes to undermine elections and prevent voters from exercising their right to vote and to stand for election freely;
(3) Party members are not allowed to defend themselves, and other party members are not allowed to testify and defend their party members for making mistakes;
(4) Investigating the factual testimony and defense of other party members;
(5) privately withholding or destroying the report materials or accusation materials or transferring them to the accused or accused;
(6) Various forms of retaliation against critics, prosecutors and accusers;
(7) fabricating facts and making false accusations;
(8) Other acts that seriously violate the rights of party members.
Article 27 If a party organization violates the rights of party members, in addition to dealing with the organization's non-party disciplinary measures or the provisions of the party constitution in accordance with Article 24 of these regulations, the main responsible person of the organization should also be investigated If the circumstances are serious or cause serious consequences, the party must be disciplined.
Chapter V Procedures and Liabilities
Article 28 When party members' rights are violated by a party organization or party member, they may file a complaint with the party's committees at all levels and the disciplinary inspection committee. The Party committees at all levels and the disciplinary inspection committees shall handle the matter in accordance with the procedures and methods stipulated in the "Regulations on Complaints and Appeals of the Disciplinary Inspection Organs of the Communist Party of China.
Party committees at all levels and disciplinary inspection committees must seriously investigate and deal with cases of violations of the rights of party members. The characterization of cases of retaliation shall be approved by the county and disciplinary inspection committees at or above the county level.
Article 29 When party members' rights enjoyed within the party are violated by various organizations or individuals outside the party, they may ask the party organizations at all levels for help and protection. Party organizations should take measures to contact and consult with relevant organizations or individuals outside the party to make recommendations, demand that the infringement be stopped, and the normal exercise of party members' rights be guaranteed.
Article 30 Party members who have violated their rights within the party and have affected their work, life or other legitimate rights and interests may ask the party organizations at all levels for help. While protecting party members' rights within the party, party organizations should take measures to contact and negotiate with relevant departments to make recommendations to safeguard their normal working, living conditions, or other legitimate rights and interests.
Article 31. Ensuring the rights of party members is an important responsibility of party committees and disciplinary inspection committees at all levels, as well as an important responsibility of leading cadres at all levels of the party. The party organization's failure to protect the rights of party members must be held accountable for the organization and its principals.
For party organizations that have failed in protecting party members' rights, party members can file a complaint with the party organization's superior party organization, and the superior party organization should accept the case immediately.
Article 32 The Party committees and discipline inspection committees at all levels are responsible for the implementation, supervision and inspection of these Regulations.
Chapter VI Supplementary Provisions
Article 33 The party committees of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation rules in accordance with these regulations and report them to the central government for the record.
Article 34 These Regulations shall be interpreted by the Central Discipline Inspection Commission and the Central Organization Department.
Article 35 These Regulations shall become effective on the date of promulgation.