Supplementary Provisions on the Regulation of the Communist Party of China on Disciplinary Actions

 2018-07-05  7


· Area of Law: Military

· Level of Authority: Military Regulations

· Date issued:07-22-2005

· Effective Date:07-22-2005

· Status: Effective

· Issuing Authority: Central Military Commission

 

Supplementary Provisions on the Army's Implementation of the Regulation of the Communist Party of China on Disciplinary Actions
(July 22, 2005)
Article 1 These Provisions are formulated in accordance with the provisions of Article 176 of the Regulation of the Communist Party of China on Disciplinary Actions and in light of the actual conditions of the army for the purpose of correctly handling the Party organizations' and Party members' acts of violating the Party disciplines in the army.
Article 2 Where any Party organization or Party member in the army violates the Party disciplines and should be subject to disciplinary action under the Party disciplines, the Regulation of the Communist Party of China on Disciplinary Actions and these Provisions shall apply. Whoever intervenes in the grassroots sensitive matters, or violates the disciplines on the appointment and removal of military officers shall be handled in accordance with the Provisions on Handling the Intervention in the Grassroots Sensitive Matters by Staff Members of Leading Organs of the Army (for Trial Implementation) and the Provisions on the Handling of Violations of Disciplines on the Appointment and Removal of Officers in Active Service.
Article 3 Whoever publishes any articles, speeches, declarations or statements against the Party's absolute leadership over the army shall be expelled from the Party.
In the event of broadcasting, publishing or printing any articles, speeches, declarations or statements as listed in the preceding paragraph, the primarily liable person and other directly liable persons shall be given a serious warning or be removed from their Party positions; and if the circumstances are serious, they shall be placed on probation within the Party or expelled from the Party.
Article 4 Whoever instigates rebellion in the army or organizes or participates in any activity endangering the security of the state or the army shall be expelled from the Party.
Article 5 Whoever establishes in the army any group or organization beyond those as prescribed in the regulations or rules of the army without authorization or participates in any social group or organization or the activities thereof without permission and fails to make rectifications after being given criticism and education shall be given a warning or serious warning; and if the circumstances are serious, he or she shall be removed from his or her Party position, be placed on probation within the Party or be expelled from the Party.
Whoever establishes or participates in an organization prohibited by the army and the activities thereof shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 6 Whoever fabricates or disseminates information with serious political problems shall be given a warning, serious warning or be removed from his or her Party position; and if the circumstances are serious, he or she shall be placed on probation within the Party or be expelled from the Party.
Whoever possesses any information carrier with serious political problems without permission shall be given a warning or serious warning; and if the circumstances are serious, he or she shall be removed from his or her Party position or be placed on probation within the Party.
Whoever starts a rumor to mislead the people and shakes the soldier's morale shall be expelled from the Party.
Article 7 Whoever participates in a social parade, demonstration, sit-in, petition, or collective petition or supports any of the aforesaid activities through providing information, data, property or places shall be given a warning or serious warning; and if the circumstances are serious, he or she shall be removed from his or her Party position or be placed on probation within the Party.
Whoever organizes a social parade, demonstration, sit-in, petition, or collective petition shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 8 Whoever participates in any religious or superstitious activity and fails to make rectifications after being given criticism and education shall be given a warning or serious warning; and if very adverse effects are caused, he or she shall be removed from his or her Party position, be placed on probation within the Party or be expelled from the Party.
Whoever organizes any religious or superstitious activity shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 9 Whoever goes abroad without authorization shall be given a serious warning or be removed from his or her Party position; if the circumstances are serious, he or she shall be placed on probation within the Party or be expelled from the Party; and if he or she does not return for six months or longer, he or she shall be expelled from the Party.
Article 10 In the event of practicing frauds and fraudulently obtaining any illegitimate interests, the primarily liable person and other directly liable persons shall be given a warning or serious warning; if the circumstances are relatively serious, they shall be removed from their Party positions or be placed on probation within the Party; and if the circumstances are serious, they shall be expelled from the Party.
Whoever conceals the truth in reporting or makes a false report of a case or accident or other important information that should be reported to the superior in accordance with the relevant provisions shall be given a heavier or aggravated disciplinary action.
Whoever conceals the truth in reporting or makes a false report of military situation during wartime shall be placed on probation within the Party or be expelled from the Party; and whoever bungles the opportunity for battle, causes loss in battle or any other serious consequence shall be expelled from the Party.
Article 11 In the event of defying or negatively executing an order or instruction of the superior, the primarily liable person and other directly liable persons shall be given a warning or serious warning; and if the circumstances are serious, they shall be removed from their Party positions, be placed on probation within the Party or be expelled from the Party.
Whoever, during executing the tasks such as combat, disaster relief or disposal of emergency, defies or negatively executes an order or instruction of the superior shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 12 Whoever does not participate in the study, work, training, or performance of duty for no reasons and fails to make rectifications after being given criticism and education shall be given a warning or serious warning; and if the circumstances are relatively serious, he or she shall be removed from his or her Party position or be placed on probation within the Party; and if the circumstances are serious, he or she shall be expelled from the Party.
Article 13 Whoever incites or instigates subordinates to violate law or regulation shall be given a serious warning or be removed from his or her Party position; and if the circumstances are serious, he or she shall be placed on probation within the Party or be expelled from the Party.
Whoever has committed any of the acts as listed in the preceding paragraph during wartime shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Where any subordinate violates law or regulation due to the incitation or instigation of the superior, the subordinate shall be given a lighter or mitigated disciplinary action in accordance with the provisions of paragraph 1; and if the subordinate rejects the incitation or instigation beforehand or makes a report in a timely manner and therefore no serious consequences are caused, the subordinate may be immune from disciplinary action.
Article 14 Whoever conceals or withholds booties, consolation money or gifts shall be given a serious warning or be removed from his or her Party position; and if the circumstances are serious, he or she shall be placed on probation within the Party or be expelled from the Party.
Where any Party organization embezzles the booties, consolation money or gifts, the primarily liable person or other directly liable persons shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 15 Whoever intervenes in project construction, material procurement, or handling of scrap equipment and materials of the army or transfers, sells or leases the real estate of the army and seeks illegitimate interests for any of his or her relatives and friends shall be given a warning or serious warning; if the circumstances are relatively serious, he or she shall be removed from his or her Party position or be placed on probation within the Party; and if the circumstances are serious, he or she shall be expelled from the Party.
Whoever uses his power to transfer any of his or her relatives and friends from the fighting force shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 16 Whoever uses public funds in recreational activities or uses public funds to present gifts and fails to make rectifications after being given criticism and education or has caused adverse effects shall be given a warning or serious warning; and if the circumstances are serious or very adverse effects are caused, he or she shall be removed from his or her Party position or be placed on probation within the Party.
Whoever uses Party membership dues or special operational funds in recreational activities or uses them to present gifts shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 17 In the event of establishing a “secret coffer” in violation of the financial disciplines, the primarily liable person and other directly liable persons shall be given a warning or serious warning; if the circumstances are relatively serious, they shall be removed from their Party positions or be placed on probation within the Party; and if the circumstances are serious, they shall be expelled from the Party.
Article 18 In the event of neglect or dereliction of duty during the recruitment, and receiving or sending unqualified soldiers, the primarily liable person and other directly liable persons shall be given a warning or serious warning; and if the circumstances are serious, they shall be removed from their Party positions or be placed on probation within the Party.
Whoever accepts money and goods or seeks other illegitimate interests during recruitment shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 19 Where anyone, in violation of the provisions on the administration of use of weapons and equipment, losses, abandons or damages weapons and equipment, or sells, transfers, lends or privately stores equipment and materials without authorization, or changes the prescribed purposes of the weapons and equipment without authorization and has caused adverse consequences, and if the circumstances are minor, he or she shall be given a warning or serious warning; if the circumstances are relatively serious, he or she shall be removed from his or her Party position or placed on probation within the Party; and if the circumstances are serious, he or she shall be expelled from the Party.
Whoever commits any of the acts as listed in the preceding paragraph during wartime shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 20 In the event of lending any military vehicle or military vehicle license plate in violation of the relevant provisions, the primarily liable person and other directly liable persons shall be given a warning or serious warning if the circumstances are relatively serious; and if the circumstances are serious, they shall be removed from their Party positions or be placed on probation within the Party.
Whoever leases or sells a military vehicle or military vehicle license plate shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 21 In the event of lending the real estate of the army in violation of the relevant provisions or changing the use of military land without authorization, the primarily liable person and other directly liable persons shall be given a warning or serious warning if the circumstances are relatively serious; and if the circumstances are serious, they shall be removed from their Party positions or be placed on probation within the Party.
Whoever leases, sells or transfers the real estate of the army without authorization shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 22 In the event of using the seal of the army in violation of the relevant provisions which results in adverse effects and consequences, the primarily liable person and other directly liable persons shall be given a warning or serious warning; if the circumstances are serous, they shall be removed from their Party positions or be placed on probation within the Party.
Whoever uses the seal of the army to commit any violation of law or discipline shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 23 Whoever violates disciplines in relation to the mass, infringes the interests of the mass and has caused adverse effects and consequences shall be given a warning or serious warning; if very adverse effects or serious consequences are caused, he or she shall be removed from his or her Party position, placed on probation within the Party or be expelled from the Party.
Whoever has committed any of the acts as listed in the preceding paragraph during wartime shall be given a heavier or aggravated disciplinary action in accordance with the provisions of the preceding paragraph.
Article 24 Whoever maltreats prisoners of war shall be given a warning or serious warning if the circumstances are minor; if the circumstances are relatively serious, he or she shall be removed from his or her Party position or be placed on probation within the Party; and if the circumstances are serious, he or she shall be expelled from the Party.
Article 25 Those violating the Party disciplines and military disciplines at the same time shall be separately handled in accordance with the relevant provisions. Those having been expelled from the army or be dishonorably discharged shall be expelled from the Party without exception; and those having been subject to administrative demotion (degradation) or removal from their positions shall be removed from their Party positions or be placed on probation within the Party. Where anyone should be given a warning or serious warning due to violation of the Party disciplines, if he or she has been imposed upon a disciplinary action of administrative special demerit or below due to the same act, he or she may be immune from the disciplinary action under the Party disciplines.
Article 26 Whoever has minor circumstances of crime and should be exempted from criminal punishment shall be placed on probation within the Party or be expelled from the Party.
Article 27 For any violation of discipline which is not covered by the Regulation of the Communist Party of China on Disciplinary Actions, these Provisions and other regulations within the Party, but endangers the interests of the Party, the state, the army and the people, and should be subject to liability in accordance with the Party disciplines, it shall be handled by reference to the most similar clauses of the Regulation of the Communist Party of China on Disciplinary Actions, these Provisions and other regulations within the Party. Where any case that needs to be handled by reference to the relevant provisions is subject to the approval of the Party committee or the commission for discipline inspection of an entity at the corps level or an entity at the level of military region in accordance with the approval authority for imposing disciplinary actions on Party members, it shall be reported to the commission for discipline inspection under the Central Military Commission for approval; if a case is subject to the approval of the Party committee or the commission for discipline inspection of an entity at the division or brigade level, it shall be reported to the commission for discipline inspection of an entity at the level of military region for approval; and if a case is subject to the approval of the Party committee or the commission for discipline inspection of an entity at the regimental level, it shall be reported to the commission for discipline inspection of an entity at the corps level for approval. The cases to be handled by reference to the relevant provisions as approved by the commissions for discipline inspection at all levels shall be filed with the commissions for discipline inspection under the Central Military Commission.
Article 28 Where any Party organization or Party member in the Chinese People's Armed Police Force violates the Party disciplines and should be subject to liability under the Party disciplines, these Provisions shall apply.
Article 29 These Provisions shall be subject to interpretation by the commission for discipline inspection under the Central Military Commission.
Article 30 These Provisions shall come into force on July 22, 2005. The Supplementary Provisions on the Army's Implementation of the Regulation of the Communist Party of China on Disciplinary Actions (for Trial Implementation) issued by the Central Military Commission on February 18, 2000 shall be abolished simultaneously.
Before these Provisions come into force, if any case that has been closed needs to be subject to review or reconsideration, the then provisions or policies shall be applicable. A case that has not yet been closed shall be handled under the then provisions or polices; however, if it is not regarded as a violation of disciplines or will be subject to a lighter disciplinary action in accordance with these Provisions, these Provisions shall be applicable.