According to the charter, party discipline is the rule of conduct that must be followed by the party at all levels and by all its members. Members who violate the discipline of the party and endanger the interests of the party, the state and the people shall be subject to disciplinary action, which is the disciplinary action of the party. The sanctions are mainly those imposed by the public prosecutor's office on public officials responsible for offences under the relevant laws and regulations。
The party disciplinary and political sanctions reflect the internal consistency and high degree of complementarity between the party's internal oversight and that of the state, the full coverage of the party's internal oversight and that of all public officials exercising public authority, and the organic unity between the governed party and the state governed by the rule of law. However, as two different kinds of disciplinary measures, party disciplinary and political sanctions vary considerably in many respects and need to be accurately assessed in their specific application。
There is a difference between the two in the subject of application
The disciplinary action is directed at party organizations and members who are held accountable for violations of party discipline, and at public officials who are responsible for violations。
Discriminating targets require that, in the specific application, sanctions cannot be imposed on members of non-state public officials by way of political sanctions, or on non-party state officials by virtue of disciplinary sanctions. For public officials with party membership, both party disciplinary and political sanctions exist. On the basis of these differences, there are different circumstances in which party rule-making cases, government matters and party rule and government matters are being established。
There are differences in the basis of application
The party disciplinary measures are based primarily on internal party laws and regulations, such as the regulations on disciplinary action by the chinese communist party and the regulations on internal oversight of the chinese communist party, while political sanctions are based mainly on laws and regulations, such as the regulations on the discipline of civil servants in the executive branch of the people's republic of china。
The party disciplinary action corresponds to the disciplinary act and the government action to the offence. However, the nature and sophistication of the party's pioneers dictate that party discipline is strictly governed by national law. National law is the bottom line for all citizens and party discipline is the rule for party organizations and members. The relationship between party discipline and national law lies not only between the former and the latter, but also between the two, requiring a pattern of complementary, mutually reinforcing and mutually guaranteed national and intra-party legislation. Thus, while emphasizing discipline and the separation of discipline, emphasis should also be placed on consistency。
In the process of specific application, the question of how party discipline matches government discipline is sometimes addressed to state officials with party membership status. In accordance with the ccp disciplinary regulations and the relevant provisions of the provisional regulations on the political disposition of public officials, those who have been removed from their positions within the party and are subject to judicial review shall, in accordance with the law, be subject to disqualification from government service if they hold public office. Public officials who have committed serious violations of party discipline and offences must be legally dismissed from public office。
In addition, under article 28 of the ccp disciplinary regulations, for offences other than those suspected of having committed a crime, the need for a commensurate party disciplinary measure, in conjunction with the imposition of a political sanction, depends on whether the act is “inimical to the interests of the party, the state and the people”. For example, members of a party who have committed administrative offences such as parking violations and red lights are generally not subject to disciplinary action by the party after they have been punished. Thus, in practice, there is generally no match between party discipline and government discipline, and there is generally no problem with light discipline。
There is a difference between the two in the procedure of application
In accordance with article 11 of the provisional provisions on the political disposition of public officials, the dismissal or dismissal of a public official appointed by the psc and its standing committee shall be effected by his or her removal, removal or removal from his or her office in accordance with the law, followed by a decision by the inspectorate in accordance with the law. Similarly, the political consultative council and its standing committee should first be relieved of their elected or appointed public office, before the ombudsman makes a decision on disciplinary action in accordance with the law。
The special provisions of the above-mentioned pre-disposal procedure exist only in the context of government sanctions, which do not exist in the context of party disciplinary proceedings. In addition, in accordance with article 19 of the provisional regulations on the political disposition of public officials, in the case of offences committed by public officials, the ombudsman and the appointing and dismissing authorities and bodies of public officials have the right to impose sanctions, but neither of them can be imposed simultaneously. In turn, disciplinary action may be taken only by a party committee or organization with disciplinary powers, and its appointing and dismissing bodies or units are not entitled to take disciplinary action。
The difference between the two in terms of remedies
A person against whom a disciplinary decision has been taken may lodge a complaint with the party organization or its superiors from the date of receipt of the disciplinary decision. If the person against whom the sentence is imposed decides not to apply for review of the political disposition, he or she shall apply to the supervisory body that made the decision within one month of the date of receipt of the disposition decision. In the event of a decision to review, an application for review is submitted to a higher inspectorate。
Thus, complaints of disciplinary decisions are not only not time-barred, but may also be lodged with the party organization that made the decision or with the higher party organization (but only with the party organization that approved the sanction), and the review of applications for disciplinary action is not only time-barred but must also be applied to the supervisory body that made the decision, rather than to other bodies. The review of the party's organization should be concluded within 90 days, whereas the decision to review should be taken within one month and the decision to review within two months。
In addition to the above-mentioned differences, there are differences in the subjects, types of disposition, enforcement, etc. With a view to comprehensively regulating the general situation of the party, party discipline and government discipline are distinct and linked, resulting in well-defined disciplinary measures. It is only with good party discipline and sufficient legal provisions that the building of party integrity and anti-corruption efforts can be further advanced。
