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.
第七章 党的纪律
第三十七条 党的纪律是党的各级组织和全体党员必须遵守的行为规则,是维护党的团结统一、完成党的任务的保证。党组织必须严格执行和维护党的纪律,共产党员必须自觉接受党的纪律的约束。
第三十八条 党组织对违犯党的纪律的党员,应当本着惩前毖后、治病救人的精神,按照错误性质和情节轻重,给以批评教育直至纪律处分。
严重触犯刑律的党员必须开除党籍。
党内严格禁止用违反党章和国家法律的手段对待党员,严格禁止打击报复和诬告陷害。违反这些规定的组织或个人必须受到党的纪律和国家法律的追究。
第三十九条 党的纪律处分有五种:警告、严重警告、撤销党内职务、留党察看、开除党籍。
留党察看最长不超过两年。党员在留党察看期间没有表决权、选举权和被选举权。党员经过留党察看,确已改正错误的,应当恢复其党员的权利;坚持错误不改的,应当开除党籍。
开除党籍是党内的最高处分。各级党组织在决定或批准开除党员党籍的时候,应当全面研究有关的材料和意见,采取十分慎重的态度。
第四十条 对党员的纪律处分,必须经过支部大会讨论决定,报党的基层委员会批准;如果涉及的问题比较重要或复杂,或给党员以开除党籍的处分,应分别不同情况,报县级或县级以上党的纪律检查委员会审查批准。在特殊情况下,县级和县级以上各级党的委员会和纪律检查委员会有权直接决定给党员以纪律处分。
对党的中央委员会和地方各级委员会的委员、候补委员,给以撤销党内职务、留党察看或开除党籍的处分,必须由本人所在的委员会全体会议三分之二以上的多数决定。在特殊情况下,可以先由中央政治局和地方各级委员会常务委员会作出处理决定,待召开委员会全体会议时予以追认。对地方各级委员会委员和候补委员的上述处分,必须经过上级党的委员会批准。
严重触犯刑律的中央委员会委员、候补委员,由中央政治局决定开除其党籍;严重触犯刑律的地方各级委员会委员、候补委员,由同级委员会常务委员会决定开除其党籍。
第四十一条 党组织对党员作出处分决定,应当实事求是地查清事实。处分决定所依据的事实材料和处分决定必须同本人见面,听取本人说明情况和申辩。如果本人对处分决定不服,可以提出申诉,有关党组织必须负责处理或者迅速转递,不得扣压。对于确属坚持错误意见和无理要求的人,要给以批评教育。
第四十二条 党组织如果在维护党的纪律方面失职,必须受到追究。
对于严重违犯党的纪律、本身又不能纠正的党组织,上一级党的委员会在查明核实后,应根据情节严重的程度,作出进行改组或予以解散的决定,并报再上一级党的委员会审查批准,正式宣布执行。