Regulations on the Protection of the Rights of Members of the Communist Party of China

Regulations on the Protection of the Rights of Members of the Communist Party of China
(22 September 2004)

Chapter I General Provisions

Article 1 In order to develop inner-party democracy, improve inner-party life, adhere to the principle of democratic centralism, enhance the vitality of the party, and ensure the normal exercise and inviolability of the rights of party members, these regulations are formulated in accordance with the Constitution of the Communist Party of China.

Article 2 The rights enjoyed by party members under the Party Constitution must be respected and protected, and no party organization at any level or party member has the right to deprive them.

Article 3 We insist that everyone is equal before Party discipline and that no Party member is allowed to enjoy privileges.

Article 4 Upholds the unity of rights and obligations. Party members should correctly exercise the rights stipulated in the party constitution and act within the scope of the Constitution and laws. At the same time, they must perform the obligations stipulated in the party constitution and must not infringe on the rights of other party members.

Article 5 Any act that infringes upon the rights of Party members shall be investigated; if the circumstances are serious, party disciplinary sanctions must be imposed. The identification and handling of violations of the rights of party members should be based on facts and based on the party constitution and other party regulations.

Chapter II Rights of Party Members

Article 6 Party members shall have the right to participate in party group meetings, branch meetings, party member meetings and meetings corresponding to their party positions and representative qualifications. If a party member is unable to attend the meeting for some reason, he shall go through the formalities of asking for leave.

Party members have the right to read Party documents that can be read in accordance with regulations.

Party members have the right to request education and training. The education and training of Party members shall be subject to organizational arrangements.

Article 7 Party members have the right to participate in discussions on Party policies and theoretical issues at Party meetings and to fully express their opinions.

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's newspapers and journals.

In the process of discussing party policies and theoretical issues, party members should consciously maintain a high degree of consistency with the party Central Committee, and must not publicly express views and opinions that run counter to the party's basic theory, basic line, basic program, and basic experience.

Article 8 Party members shall have the right to make suggestions and suggestions orally or in writing to the party organizations in their respective regions, departments and units, to the party organizations at higher levels and to the Central Committee in all aspects of their work.

Article 9 Party members shall have the right to criticize any organization of the Party and any member of the Party in a grounded manner, orally or in writing, at Party meetings. Criticism put forward in writing by a Party member shall be sent to the criticized or the Party organization concerned in accordance with the regulations.

Party members have the right to expose and report to the party organization the facts of violations of law and discipline of any party organization and any party member; they have the right to request the party organization to which they belong or the party organization at a higher level to punish party members who have committed violations of law and discipline.

Party members have the right to request the removal or replacement of leading cadres of incompetent Party members to their respective Party organizations or higher Party organizations.

When party members criticize, expose, report, and make demands for punishment or removal or replacement, they must follow organizational principles and comply with relevant procedures. They must not spread or spread at will, must not exaggerate or distort facts, let alone fabricate facts or falsely accuse them.

Article 10 Party members shall have the right to vote in accordance with the provisions when discussing and deciding issues in the Party organization. Voting may be in favor, disapproval or abstention.

Every official party member has the right to vote and stand for election (except for those who are placed on probation). Party members participating in the election have the right to know about the candidates, to request a change of candidates, not to elect any one candidate and to elect another.

Party members have the right to be candidates and to be elected through prescribed procedures.

Article 11 When the party organization discusses and decides on the party disciplinary punishment of a party member or makes an appraisal, I have the right to participate and defend, and other party members may testify and defend for him.

The plea, the testimony and the defense must be factual.

Article 12 If a party member has different opinions on the party's resolutions and policies, he may, on the premise of resolutely implementing them, declare his reservations at the party meeting or to the party organization, and may reflect his opinions to the party's superior organization and even to the Central Committee. Party members are not allowed to publicly express opinions contrary to the decisions of the Central Committee.

Article 13 If a party member encounters important problems in politics, work, study, etc. that need the help of the party organization, he has the right to make a request to the party organization where he belongs, the party organization at a higher level, or even the Central Committee.

If a party member is not satisfied with the punishment, appraisal, review conclusion or other treatment given by the party organization, he has the right to appeal to the party organization where he belongs, the party organization at a higher level, or even the Central Committee; if a party member believes that the party organization gives other party members punishment, appraisal, review conclusion or other improper handling, he has the right to put forward opinions to the party organization and even the Central Committee step by step.

When the legitimate rights and interests of a party member are infringed by a party organization or other party members, he has the right to file a complaint with the party organization to which he belongs, the party organization at a higher level, or even the Central Committee.

Party members have the right to demand responsible answers from the Party organizations concerned to their requests, complaints and complaints.

Chapter III Safeguard Measures

Article 14 Party organizations shall convene relevant meetings in accordance with regulations and create conditions to ensure that party members participate in various meetings that they are entitled to participate in. The organizer and convener of the meeting shall timely inform the party members who should attend the meeting of the time and topics of the meeting.

Article 15 Party organizations shall provide Party members with the necessary conditions for reading relevant documents within the Party. If a party member is unable to read the document directly due to lack of reading ability or other reasons, the party organization shall convey the spirit of the document to him in accordance with the regulations.

Article 16 Party organizations shall adopt various forms of education and training of Party members in a planned way to improve the quality of Party members.

Article 17 After the party's congress, representative meeting, plenary meeting of the party committee and other important meetings are held, the party organization shall convey and notify the content and spirit of the meeting to party members in accordance with regulations.

Resolutions and decisions made by Party organizations shall be promptly notified to Party members in accordance with regulations.

Article 18 Party organizations at lower levels shall, in accordance with the arrangements of party organizations at higher levels, actively organize and guide party members to participate in the discussion of party policies and theoretical issues, and inform party members in an appropriate manner of the time, method and content of the discussion so that party members can participate. Local and grass-roots party organizations should conscientiously organize party members to discuss issues related to the implementation of party policies in their respective regions, departments, and units.

Party organizations should support and encourage Party members to make suggestions and initiatives on the Party's work. Party organizations should carefully listen to and study the suggestions and suggestions of party members, and adopt them if they are reasonable; if they are of great help to improve their work, they should praise or reward party members who put forward suggestions and suggestions.

Party organizations should listen carefully to different opinions. For party members who hold different opinions, as long as they resolutely implement the party's resolutions and policies, they must not be discriminated against or held accountable; for party members who hold wrong opinions, they should be helped and educated.

Article 19 Party organizations shall encourage Party members to carry out criticism and self-criticism within the Party, and support and protect Party members in their struggle against all kinds of violations of law and discipline and unhealthy tendencies. Party organizations should deal with Party members' criticisms, revelations, reports, accusations, and requests for punishment, removal and replacement in a timely manner in accordance with regulations.

Party organizations should establish a sound system to protect the rights and interests of whistleblowers and whistleblowers. The whistleblowers and whistleblowers and the contents of the whistleblowers and whistleblowers must be kept strictly confidential, and it is strictly forbidden to transfer the materials of the whistleblowers and accusations to the organizations and personnel who have been reported or accused; it is strictly forbidden to discriminate against, make things difficult for, or suppress the whistleblowers and accusers, and it is strictly forbidden to retaliate in all forms.

The party organization shall pay a return visit or reply letter to the whistleblower or whistleblower of his real name in an appropriate manner and inform him of the result of the handling; if the whistleblower or whistleblower of serious violations of law and discipline is verified to be true, he shall be praised or rewarded.

Party organizations shall criticize and educate those who unresponsibly expose, report, accuse, and make demands for punishment, removal, and replacement; those who fabricate facts or falsely accuse others shall be dealt with seriously in accordance with discipline and law. with regard to party members who have been wrongly accused or falsely accused, the facts should be clarified and publicized within a certain scope.

Article 20 When discussing and deciding issues, Party organizations must implement the principle that the minority is subordinate to the majority. Decide on important issues and take a vote. Depending on the circumstances, voting may be done orally, by show of hands and by ballot, and the results and manner of voting shall be recorded. Different opinions should be recorded truthfully.

Important issues mainly refer to: matters involving the party's line, principles, and policies; the deployment of major work tasks; the recommend, appointment, removal, transfer, rewards and punishments of cadres that should be decided by collective discussion according to the regulations on cadre management; issues involving the vital interests of the people's production and life; the development of new party members; and other issues that should be discussed and decided collectively by the party organization at a higher level.

Before making important resolutions and decisions, Party organizations shall consult Party members in an appropriate manner within a certain range. If the majority of party members have different opinions or have major differences, the decision shall be suspended, further investigation and study, exchange opinions, and submit it to the next meeting for voting.

The party committee and its organizational departments, and the party's disciplinary inspection committee supervise and inspect the voting of lower-level party organizations, and shall correct those who fail to vote in accordance with regulations.

Article 21 When conducting elections, Party organizations shall fully reflect the will of the electors. The election shall be by secret ballot. The list of candidates should be fully deliberated and discussed by the party organization and the electors, and the situation of the candidates should be introduced to the electors. You can vote for a candidate, you can vote against it, or you can abstain. Those who vote no may choose another person.

No organization or party member of the party shall in any way hinder party members from exercising their right to vote and to be elected within the party, shall not prevent people with the right to vote and to be elected from being present, shall not force electors to elect or not to elect a person, shall not engage in non-organizational activities to hinder elections, and shall not trace the voting intention of electors in any way.

Article 22 The factual materials and disciplinary decisions on which the party organization makes a disciplinary decision on a party member must meet with me and listen to my explanation and defense. With regard to the arguments of party members and the proofs and defenses made by other party members for them, the relevant party organizations should carefully listen to them, record them truthfully, and further verify and adopt their reasonable opinions; if they do not adopt them, they should explain the reasons to themselves. Party members should be protected in their factual defense, testimony and defense. The decision on punishment shall state the right of appeal enjoyed by the party member and the organization to accept the appeal, and shall be signed by the party member subject to punishment. If I have different opinions on the sanction decision, I may file a complaint; if I refuse to sign the opinion or cannot sign the opinion for other reasons, the party organization shall indicate it on the sanction decision.
 

Article 23 Party organizations shall help Party members who have been punished by Party discipline to correctly understand and correct their mistakes. For party members who have been punished by party probation, if they have indeed corrected their mistakes during the period of party probation, the rights of party members shall be restored after the expiration of the period; if they insist on not correcting their mistakes or find other mistakes that should be punished by party discipline, they shall be expelled from the party.

Article 24 Party organizations shall seriously handle the complaints of Party members. For the complaints of Party members, the relevant Party organizations shall conduct reconsideration and review in accordance with the provisions, and shall not withhold them. When the higher-level party organization deems it necessary, it may directly or designate the relevant party organization to conduct reconsideration or review.

After reconsideration, review or review of the decision, for the case corrected in whole or in part, a new decision shall be announced within a certain scope. If the handling is correct and I refuse to accept it, criticism and education shall be given; for repeated appeals without justifiable reasons, the relevant party organization shall formally notify me that it will no longer accept it and announce it within an appropriate scope.

Party members should seriously study and deal with the opinions put forward by Party members on the punishment, appraisal, examination conclusion or other treatment given by Party organizations to other Party members.

Article 25 Party organizations must be resolute and prudent in the inspection and handling of party members suspected of violating discipline, strictly abide by the relevant provisions, and carry out in accordance with discipline and law.

Establish a system of accountability for disciplinary mistakes or misjudged cases. Those who violate discipline or make other mistakes in the process of enforcing discipline shall be criticized and corrected; if the circumstances are serious, those responsible shall be investigated for responsibility.

Article 26 Party organizations shall promptly accept requests made by Party members. According to the specific problems, some should be solved in a timely manner, some should explain the situation, and some should be persuaded and educated.

Article 27 The party's grassroots organizations such as enterprises, rural areas, neighborhoods, and communities shall pay attention to safeguarding the democratic rights of mobile party members and ensuring their normal exercise.

Article 28 for party members who do have practical difficulties, their grass-roots party organizations or higher-level party organizations may give appropriate help and encourage mutual assistance among party members, so as to create conditions for party members to exercise their rights normally.

Chapter IV Investigation of Responsibility

Article 29: Party organizations at all levels shall strictly implement the guidelines, policies, and internal party regulations on the protection of the rights of party members, and implement the resolutions and decisions of higher-level party organizations and party congresses at the same level on the protection of the rights of party members; clarify the same level The tasks and requirements of the disciplinary committee and party committee work departments, directly affiliated institutions, dispatched agencies, and party groups (party committees) equivalent to this level in protecting the rights of party members; supervise and urge lower-level party organizations and party leading cadres to earnestly perform their duties in protecting the rights of party members, publicize the guidelines, policies and internal party regulations on the protection of party members' rights, and educate and guide the majority of party members to correctly exercise their rights.

Article 30 The party's disciplinary inspection agencies at all levels, under the leadership of the party committee at the same level and the higher-level disciplinary committee, do a good job in protecting the rights of party members, accept reports, accusations and appeals related to the protection of party members' rights, and inspect and handle cases of infringement of party members' rights. Supervise and inspect the performance of party members' rights protection duties by party leading cadres and lower-level party organizations.

Article 31 the party's organizational and propaganda departments shall, in accordance with the provisions of the party constitution and other inner-party laws and regulations and the requirements of the party organizations at higher levels, and in combination with their own functions and practical work, do a good job in the implementation of the protection of the rights of party members; study and solve important problems in the protection of the rights of party members within the scope of their duties, and put forward opinions and measures to the party organizations at the same level to implement the same level, to create conditions and provide services for the normal exercise of the rights of Party members.

Article 32 leading cadres at all levels of the party shall abide by and strictly implement the provisions on the protection of the rights of Party members, fully respect and care for the rights of Party members, attach importance to handling and solving practical problems in the protection of the rights of Party members, and take practical measures to do a good job in the implementation of the protection of the rights of Party members in their respective regions, departments and units.

Article 33 Protecting the rights of Party members is an important duty of Party organizations and leading cadres at all levels. For dereliction of duty or dereliction of duty in protecting the rights of Party members, those responsible shall be investigated for responsibility in accordance with the provisions.

Article 34 The handling of violations of the rights of Party members is an important link in the protection of the rights of Party members. For a party member who has violated the rights of a party member, the party organization to which he belongs or the party organization at a higher level may take measures such as ordering to stop the infringement, ordering an apology, ordering an inspection, admonishing a conversation, notifying a criticism, etc.; if the circumstances are serious, they shall be given in accordance with the regulations Party disciplinary sanctions.

For party organizations that violate the rights of party members, the higher-level party organizations shall criticize and educate the responsible persons; if the circumstances are serious, the responsible persons shall be held accountable in accordance with regulations.

The treatment methods provided for in the first paragraph of this article may be used independently, or in combination with party disciplinary sanctions.

Article 35: For party members who have been investigated by party discipline for infringing on the rights of party members, or party leading cadres who have been investigated by party discipline for dereliction of duty or dereliction of duty in protecting the rights of party members, administrative sanctions or other disciplinary sanctions are required, the decision made or approved The party organization shall make recommendations to the supervisory agency or other relevant agencies or organizations; if a crime is suspected, it shall be handled by the judicial agency.

Chapter V Supplementary Provisions

Article 36 The Party committees of all provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with these Regulations and in the light of the actual conditions of their respective work, formulate detailed rules for implementation and report them to the Central Committee for the record.
The Central Military Commission may, in accordance with these Regulations and in the light of the actual conditions of the Chinese People's Liberation Army and the Chinese People's Armed Police Force, formulate detailed rules for implementation or supplementary provisions.

Article 37 These Regulations shall be interpreted by the Central Commission for Discipline Inspection in consultation with the Central Organization Department.

Article 38 These Regulations shall enter into force as of the date of promulgation. The Regulations on the Protection of the Rights of Members of the Communist Party of China (for Trial Implementation) shall be repealed at the same time.