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Chapter VII
Party Discipline
Article 37. Party discipline refers to the rules of conduct that must be observed by Party organizations at all levels and by all Party members. It is the guarantee that the unity and solidarity of the Party are safeguarded and that the tasks of the Party are accomplished. Party organizations must strictly observe and maintain Party discipline. A Communist Party member must conscientiously act within the bounds of Party discipline.
Article 38. Party organizations should criticize, educate or take disciplinary measures against members who violate Party discipline, depending on the nature and seriousness of their mistakes and in the spirit of "learning from past mistakes to avoid future ones, and curing the sickness to save the patient."
Party members who have seriously violated the criminal law shall be expelled from the Party.
It is strictly forbidden in the Party to take any measures against a member that contravene the Party Constitution or the laws of the state, or to retaliate against or frame a member. Any offending organization or individual must be dealt with according to Party discipline and the laws of the state.
Article 39. There are five measures for enforcing Party discipline: warning, serious warning, removal from Party posts, probation within the Party, and expulsion from the Party.
The period for which a Party member is placed on probation shall not exceed two years. During that period, the Party member concerned has no right to participate in voting or elections or stand for election. A Party member who during that time truly rectifies his or her mistake shall have his or her rights as a Party member restored. Party members who refuse to mend their ways shall be expelled from the Party.
Expulsion is the ultimate Party disciplinary measure. In deciding on or approving an expulsion, Party organizations at all levels should study all the relevant facts and opinions and exercise extreme caution.
Article 40. Any disciplinary measure to be taken against a Party member must be discussed and decided on at a general membership meeting of the Party branch concerned, and reported to the primary Party committee concerned for approval. If the case is relatively important or complicated, or involves the expulsion of a member, it shall be reported to a Party commission for discipline inspection at or above the county level for examination and approval, in accordance with the specific situation. Under special circumstances, a Party committee or a commission for discipline inspection at or above the county level has the authority to decide directly on disciplinary measures to be taken against a Party member.
Any decision to remove a member or alternate member of the Central Committee or a local committee at any level from his or her posts within the Party, to place such a person on probation within the Party or to expel such a person from the Party must be approved by a two thirds majority vote at a plenary meeting of the Party committee to which he or she belongs. In special circumstances, the decision may be taken first by the Standing Committee of the Political Bureau of the Central Committee or the standing committee of a local Party committee, pending confirmation at the plenary meeting of the Party committee. Such a disciplinary measure against a member or alternate member of a local Party committee is subject to approval by the higher Party committee.
A member or alternate member of the Central Committee who has seriously violated the criminal law shall be expelled from the Party on decision by the Political Bureau of the Central Committee; a member or alternate member of a local Party committee who has seriously violated the criminal law shall be expelled from the Party on decision by the standing committee of the Party committee at the corresponding level.
Article 41. When a Party organization is deciding on a disciplinary measure against a Party member, it should investigate and verify the facts in an objective way. The Party member in question must be informed of a decision regarding any disciplinary measure to be taken and of the facts on which it is based. The person concerned must be given a chance to account for himself or herself and speak in his or her own defense. If the member does not accept the decision, he or she can appeal, and the Party organization concerned must promptly deal with or forward his or her appeal, and must not withhold or suppress it. Those who cling to erroneous views and unjustifiable demands shall be educated by criticism.
Article 42. If a Party organization fails to uphold Party discipline, it must be investigated.
In case a Party organization seriously violates Party discipline and is unable to rectify the mistake on its own, the next higher Party committee should, after verifying the facts and considering the seriousness of the case, decide on the reorganization or dissolution of the organization, report the decision to the Party committee at the next higher level for examination and approval, and then formally announce and carry out the decision.
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第七章 黨的紀律
第三十七條 黨的紀律是黨的各級組織和全體黨員必須遵守的行為規(guī)則，是維護黨的團結(jié)統(tǒng)一、完成黨的任務(wù)的保證。黨組織必須嚴格執(zhí)行和維護黨的紀律，共產(chǎn)黨員必須自覺接受黨的紀律的約束。
第三十八條 黨組織對違犯黨的紀律的黨員，應(yīng)當本著懲前毖后、治病救人的精神，按照錯誤性質(zhì)和情節(jié)輕重，給以批評教育直至紀律處分。
嚴重觸犯刑律的黨員必須開除黨籍。
黨內(nèi)嚴格禁止用違反黨章和國家法律的手段對待黨員，嚴格禁止打擊報復(fù)和誣告陷害。違反這些規(guī)定的組織或個人必須受到黨的紀律和國家法律的追究。
第三十九條 黨的紀律處分有五種：警告、嚴重警告、撤銷黨內(nèi)職務(wù)、留黨察看、開除黨籍。
留黨察看最長不超過兩年。黨員在留黨察看期間沒有表決權(quán)、選舉權(quán)和被選舉權(quán)。黨員經(jīng)過留黨察看，確已改正錯誤的，應(yīng)當恢復(fù)其黨員的權(quán)利；堅持錯誤不改的，應(yīng)當開除黨籍。
開除黨籍是黨內(nèi)的最高處分。各級黨組織在決定或批準開除黨員黨籍的時候，應(yīng)當全面研究有關(guān)的材料和意見，采取十分慎重的態(tài)度。
第四十條 對黨員的紀律處分，必須經(jīng)過支部大會討論決定，報黨的基層委員會批準；如果涉及的問題比較重要或復(fù)雜，或給黨員以開除黨籍的處分，應(yīng)分別不同情況，報縣級或縣級以上黨的紀律檢查委員會審查批準。在特殊情況下，縣級和縣級以上各級黨的委員會和紀律檢查委員會有權(quán)直接決定給黨員以紀律處分。
對黨的中央委員會和地方各級委員會的委員、候補委員，給以撤銷黨內(nèi)職務(wù)、留黨察看或開除黨籍的處分，必須由本人所在的委員會全體會議三分之二以上的多數(shù)決定。在特殊情況下，可以先由中央政治局和地方各級委員會常務(wù)委員會作出處理決定，待召開委員會全體會議時予以追認。對地方各級委員會委員和候補委員的上述處分，必須經(jīng)過上級黨的委員會批準。
嚴重觸犯刑律的中央委員會委員、候補委員，由中央政治局決定開除其黨籍；嚴重觸犯刑律的地方各級委員會委員、候補委員，由同級委員會常務(wù)委員會決定開除其黨籍。
第四十一條 黨組織對黨員作出處分決定，應(yīng)當實事求是地查清事實。處分決定所依據(jù)的事實材料和處分決定必須同本人見面，聽取本人說明情況和申辯。如果本人對處分決定不服，可以提出申訴，有關(guān)黨組織必須負責(zé)處理或者迅速轉(zhuǎn)遞，不得扣壓。對于確屬堅持錯誤意見和無理要求的人，要給以批評教育。
第四十二條 黨組織如果在維護黨的紀律方面失職，必須受到追究。
對于嚴重違犯黨的紀律、本身又不能糾正的黨組織，上一級黨的委員會在查明核實后，應(yīng)根據(jù)情節(jié)嚴重的程度，作出進行改組或予以解散的決定，并報再上一級黨的委員會審查批準，正式宣布執(zhí)行。
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