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2018

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What is the difference between party building disciplinary sanctions and government disciplinary sanctions? After reading, I understand!

The Party Constitution stipulates that Party discipline is a rule of conduct that must be observed by all levels of Party organizations and all Party members. Party members who violate Party discipline and endanger the interests of the Party, the country, and the people should be subject to disciplinary action in accordance with regulations, which is called Party disciplinary action. Administrative sanctions mainly refer to disciplinary measures taken by supervisory authorities in accordance with relevant laws and regulations against public officials who should bear responsibility for illegal acts.


The Party Constitution stipulates that Party discipline is a rule of conduct that must be observed by all levels of Party organizations and all Party members. Party members who violate Party discipline and endanger the interests of the Party, the country, and the people should be subject to disciplinary action in accordance with regulations, which is called Party disciplinary action. Administrative sanctions mainly refer to disciplinary measures taken by supervisory authorities in accordance with relevant laws and regulations against public officials who should bear responsibility for illegal acts.

 

The disciplinary and administrative sanctions of the Party and government reflect the inherent consistency and high complementarity between internal Party supervision and national supervision, achieving full coverage of internal Party supervision and supervision of all public officials exercising public power, and achieving the organic unity of governing the Party according to regulations and governing the country according to law. However, as two different disciplinary measures, party disciplinary measures and government disciplinary measures have significant differences in many aspects, and they need to be accurately grasped in specific applications.

 

There are differences in the applicable objects between the two

The target of party discipline punishment is party organizations and party members who violate party discipline and should be held accountable for party discipline, while the target of government punishment is public officials who have illegal and irregular behaviors and should bear legal responsibility.

 

The differences in objects require that in specific applications, party members who are not public officials of the state cannot be punished through government sanctions; For national public officials who are not party members, party disciplinary measures cannot be used for punishment. For public officials with party member status, as they belong to both party disciplinary and government disciplinary targets, there is a situation where both party disciplinary and government disciplinary actions are imposed simultaneously. Based on these differences, there are different situations in the filing process, such as party discipline filing, government affairs filing, and simultaneous filing of party discipline and government affairs.

 

There are differences in the applicable basis between the two

The basis of party discipline punishment is mainly the CPC Disciplinary Punishment Regulations, the CPC Inner Party Supervision Regulations and other intra party laws and regulations, while the basis of government affairs punishment is mainly the Supervision Law of the People's Republic of China, the Administrative Organ Civil Servant Punishment Regulations and other laws and regulations.

 

The party disciplinary punishment corresponds to disciplinary violations, while the government disciplinary punishment corresponds to illegal behaviors. However, the vanguard nature and progressiveness requirements of the Party determine that Party rules and disciplines are stricter than national laws. National law is the bottom line of behavior for all citizens, and party discipline is the rules established for party organizations and members. The relationship between party discipline and national law lies not only in the strictness of the former over the latter, but also in the interaction between the two. It is necessary to form a pattern where national laws and regulations and internal party regulations complement, promote, and guarantee each other. Therefore, while emphasizing the strictness of discipline over the law and the separation of discipline and law, it is also important to emphasize the continuity of discipline and law.

 

In the specific application process, for national public officials with party member status, sometimes there is a question of how to match party disciplinary sanctions with government sanctions. According to the relevant provisions of the Regulations of the CPC on Disciplinary Punishment and the Interim Provisions on Administrative Punishment of Public Officials, those who have been dismissed from their posts within the Party and kept in the Party for inspection shall be given administrative sanctions such as dismissal in accordance with the law if they hold public office. Public officials who seriously violate party discipline or criminal law must be dismissed from public office in accordance with the law.

 

In addition, according to Article 28 of the Regulations of the CPC on Disciplinary Punishment, for other illegal acts other than suspected crimes, whether it is necessary to give matching party discipline punishment while giving administrative punishment should be determined by whether such acts are in line with the situation of "harming the interests of the party, the state and the people". For example, if a party member engages in administrative violations such as illegal parking or running red lights, they will generally not be subject to party disciplinary action after receiving relevant penalties. Therefore, in practice, the matching between party disciplinary sanctions and government sanctions generally exists between heavy sanctions and light sanctions, and there is generally no matching problem.

 

There are differences in the applicable procedures between the two

According to Article 11 of the Provisional Regulations on Administrative Penalties for Public Officials, if public officials elected or appointed by the National People's Congress and its Standing Committee under the management of the same level party committee are subject to dismissal or dismissal, they shall first be removed, revoked or removed from their positions by the National People's Congress and its Standing Committee in accordance with the law, and then the supervisory authority shall make a disciplinary decision in accordance with the law. Similarly, the CPPCC and its Standing Committee should first remove their elected or appointed public officials from their positions, and then the supervisory authorities should make disciplinary decisions in accordance with the law.

 

The special provisions on the pre disciplinary procedures mentioned above only exist in administrative sanctions, and do not exist in party disciplinary sanctions.In addition, according to Article 19 of the Provisional Regulations on Administrative Penalties for Public Officials, the supervisory authorities, as well as the appointment and removal authorities and units of public officials, have the right to impose penalties on them for their illegal acts, but they cannot impose penalties simultaneously. And party disciplinary measures can only be taken by party committees or party organizations with disciplinary powers, and their appointment and removal organs and units have no right to impose party disciplinary measures.

 

There are differences in rights remedies between the two

If the punished person is not satisfied with the decision on party discipline punishment, they may appeal to the party organization that made the punishment decision or its superior party organization from the date of receiving the punishment decision. If the punished person refuses to accept the decision on administrative sanctions and applies for review, they shall apply to the supervisory authority that made the decision within one month from the date of receiving the decision. Those who are dissatisfied with the review decision shall apply for a review to the higher-level supervisory authority.

 

Therefore,the appeal of a party disciplinary sanction decision not only has no time limit, but can also be submitted to the party organization or higher-level party organization that made the decision (but can only be accepted by the party organization that approved the sanction). The application for review of a government disciplinary sanction not only has time limit, but also must be applied to the supervisory authority that made the decision, and cannot be applied to other organs.The party organization's review and review work should be completed within 90 days, and the review decision should be made within one month, and the review decision should be made within two months.

 

In addition to the above differences, there are also differences between the two in terms of subject, type, and execution of punishment. Focusing on the overall situation of comprehensive and strict governance of the Party, the disciplinary measures for Party discipline and government affairs are both distinct and interconnected, forming clear disciplinary measures for Party and government. Only by making good use of Party discipline and regulations, and fully utilizing legal provisions, can we continuously promote the construction of Party conduct and clean governance, as well as the in-depth development of anti-corruption work.