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Regulations of the Communist Party of China on Formulating Inner-Party Laws and Regulations


Release time:

2017-09-20

Chapter I General Provisions

Article 1 in order to standardize the formulation of laws and regulations within the Party of the Communist Party of China, establish and improve the system of laws and regulations within the Party, and improve the scientific level of Party building, these regulations are formulated in accordance with the Constitution of the Communist Party of China.

Article 2 inner-party laws and regulations are the general term for inner-party rules and regulations formulated by the party's central organization, the Central Commission for Discipline Inspection, various central departments and the party committees of provinces, autonomous regions and municipalities directly under the central government to regulate the work, activities and behavior of party members.

The Party Constitution is the most fundamental internal Party regulations and the basis and basis for the formulation of other internal Party regulations.

Article 3 The inner-party regulations formulated by the central organization of the party are called the central inner-party regulations. The following matters shall be stipulated by the Central Party regulations:

(I) the party's nature and purpose, line and program, guiding ideology and goals of struggle;

(II) the creation, composition, and powers of the party's organizations at all levels;

(III) the basic system of party members' obligations and rights;

(IV) the basic system for all aspects of the party's work;

(V) matters involving major party issues;

(VI) other matters that should be stipulated by the central party regulations.

The Central Commission for Discipline Inspection, various departments of the Central Committee, and the party committees of provinces, autonomous regions, and municipalities directly under the Central Government formulate internal party regulations on relevant matters within their powers.

Article 4 The name of the inner-party regulations is the party constitution, guidelines, regulations, rules, regulations, methods, and detailed rules.

The party constitution makes fundamental provisions on the party's nature and purpose, line and program, guiding ideology and goals, organizational principles and organizational structure, party members' obligations and rights, and party discipline.

The guidelines make basic provisions on the political life, organizational life and behavior of all Party members.

The regulations provide comprehensive provisions on important relations in a certain field or important work in a certain aspect of the Party.

The rules, regulations, methods and detailed rules make specific provisions on a certain aspect of the Party's important work or matters.

The internal party regulations formulated by the Central Commission for Discipline Inspection, various departments of the Central Committee and the party committees of provinces, autonomous regions, and municipalities directly under the Central Government are called rules, regulations, methods, and detailed rules.

Article 5 the contents of inner-party laws and regulations shall be expressed in the form of clauses, which are different from the resolutions, decisions, opinions, notices and other normative documents that are generally not expressed in the form of clauses.

Article 6 The formulation of internal party regulations shall be carried out under the unified leadership of the Central Committee. The day-to-day work of formulating inner-party regulations is the responsibility of the Central Secretariat.

The General Office of the Central Committee is responsible for the overall coordination of the formulation of laws and regulations within the Party, and its subordinate regulatory agencies undertake specific affairs.

The Central Commission for Discipline Inspection, various departments of the central government, and the party committees of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the formulation of internal party laws and regulations within the scope of their powers, and their subordinate agencies responsible for laws and regulations undertake specific affairs.

Article 7 The following principles shall be observed in the formulation of inner-party regulations:

(I) proceed from the needs of the development of the party's cause and the reality of party building;

(II) take the party constitution as the fundamental basis and implement the party's theory, line, principles and policies;

(III) abide by the stipulation that the party must operate within the scope of the constitution and the law;

(IV) meet the requirements of governing scientifically, democratically, and according to law;

(V) is conducive to promoting the institutionalization, standardization and proceduralization of party building;

(VI) adhere to democratic centralism, give full play to inner-party democracy, and safeguard the centralization and unity of the party;

(VII) safeguard the unity and authority of the system of laws and regulations within the party;

(VIII) pay attention to concise and practical, to prevent tedious repetition.

Chapter II Planning and Planning

Article 8 the formulation of inner-party laws and regulations shall be carried out as a whole, the five-year plan and annual plan for the formulation of inner-party laws and regulations shall be scientifically compiled, the key points shall be highlighted and promoted as a whole, and a system of inner-party laws and regulations with coordinated contents, strict procedures, complete supporting facilities and effective use shall be gradually built.

Article 9 The five-year plan for the formulation of laws and regulations within the Central Committee shall be drafted by the General Office of the Central Committee after summarizing the formulation recommendations put forward by the Central Commission for Discipline Inspection, various departments of the Central Committee, and the party committees of provinces, autonomous regions, and municipalities directly under the Central Government, and after extensive solicitation of opinions. The office meeting discussed and submitted to the Central Committee for approval.

The annual plan for the formulation of laws and regulations within the Central Committee shall be drawn up by the General Office of the Central Committee after summarizing the suggestions for the formulation of the next year put forward by the Central Commission for Discipline Inspection and various departments of the Central Committee before the end of each year, and shall be submitted to the Central Committee for approval.

Article 10 the suggestions for the formulation of inner-party laws and regulations put forward by the Central Commission for discipline Inspection, various departments of the Central Committee and the party committees of provinces, autonomous regions and municipalities directly under the Central Government shall include the name of the inner-party laws and regulations, the necessity of formulation, the time of submission, the drafting unit, and so on.

Article 11 the Central Commission for discipline Inspection, various departments of the Central Committee and the party committees of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with their functions and powers and actual needs, formulate work plans and plans for the formulation of inner-party laws and regulations within their own systems and regions.

Article 12 Work plans and plans for the formulation of internal party regulations may be adjusted according to actual conditions during the implementation process.

Chapter III Grass

Article 13 The Central Party Regulations are generally drafted by the Central Commission for Discipline Inspection and various departments of the Central Committee according to their content. Comprehensive internal party regulations are drafted by the Central Commission for Discipline Inspection and relevant departments of the Central Committee or a special drafting group is established.

The internal party regulations formulated by the Central Commission for Discipline Inspection, various departments of the Central Committee and the party committees of provinces, autonomous regions, and municipalities directly under the Central Government shall be drafted by them.

Article 14 The draft inner-party regulations shall generally include the following contents:

Name of (I);

Purpose and basis of (II) formulation;

(III) scope of application;

(IV) specific specifications;

(V) interpretation authority;

(VI) date of implementation.

Article 15 inner-party laws and regulations shall be in the right direction, clear in content, strict in logic, accurate, standardized, concise and operable.

Article 16 in drafting inner-party laws and regulations, we should conduct in-depth investigation and study, comprehensively grasp the actual situation, conscientiously sum up historical experience and new practical experience, and fully understand the opinions and suggestions of party organizations at all levels and the broad masses of party members. When necessary, the investigation and research may involve relevant experts and scholars or entrust specialized agencies to carry out.

Article 17 Departments and units that draft internal party regulations shall consult with relevant departments and units on matters involving the scope of work of other departments and units. If no consensus can be reached after consultation, the relevant situation shall be explained when the draft inner-party regulations are submitted.

Article 18 The drafting of inner-party regulations shall be in line with the existing inner-party regulations. For the same matter, if it is necessary to make provisions that are inconsistent with the current inner-party laws and regulations, it shall make provisions in the draft to abolish or how to apply the current inner-party laws and regulations, and explain the situation and reasons when submitting the draft.

Article 19 After the draft inner-party regulations are formed, opinions shall be widely solicited. The scope of soliciting opinions is determined according to the specific content of the draft inner-party regulations, and if necessary, opinions are solicited within the whole party. When soliciting opinions, attention should be paid to the opinions of party congress representatives and relevant experts and scholars. The draft inner-party regulations that are closely related to the vital interests of the masses should fully listen to the opinions of the masses.

Soliciting opinions may be in written form, or in the form of symposiums, demonstration meetings, online consultation, etc.

Article 20 the drafting departments and units shall submit the draft inner-party laws and regulations to the examination and approval organs, and shall submit the draft formulation instructions at the same time. The formulation instructions shall include the necessity of formulating inner-party laws and regulations, the main contents, the situation of soliciting opinions, and the consultation with relevant departments and units.

Chapter IV Approval and Issuing

Article 21 after receiving the draft inner-party regulations, the deliberation and approval organ shall submit it to the subordinate institution responsible for the work of laws and regulations for examination and approval. The following contents are mainly reviewed:

Whether the (I) conflicts with the party constitution and the party's theory, line, principles and policies;

whether the (II) is inconsistent with the constitution and laws;

Whether the (III) is in conflict with the upper party regulations;

Whether the (IV) conflicts with the provisions of other party regulations of the same position on the same matter;

whether the (V) has consulted with relevant departments and units on the major policy measures involved;

(VI) compliance with established authorities and procedures.

For the draft inner-party laws and regulations with problems, the examination and approval institution may, upon approval, put forward amendments to the drafting departments and units. If the drafting department or unit does not adopt the amendment, the review body may make a proposal to the review and approval authority for amendment, postponement or return.

Article 22 The deliberation and approval of internal party regulations shall be carried out in accordance with the following functions and powers:

(I) inner-party laws and regulations concerning the formation, composition, and functions and powers of the party's central organization and the central commission for discipline inspection, as well as those concerning major issues of the party, shall be examined and approved by the party's national congress;

(II) inner-party laws and regulations concerning the generation, composition, and functions and powers of the party's local and grass-roots organizations, inner-party laws and regulations concerning the basic system of party members' obligations and rights, and inner-party laws and regulations concerning the basic system of all aspects of the party's work shall be examined and approved by the plenary session of the Central Committee, the meeting of the political Bureau of the CPC Central Committee or the meeting of the standing Committee of the political Bureau of the CPC Central Committee;

(III) other internal party regulations that should be issued by the central government shall be reviewed and approved by the Standing Committee of the Political Bureau of the Central Committee according to the situation, or submitted for approval in accordance with the prescribed procedures;

(IV) inner-party regulations issued by the central commission for discipline inspection and various central departments are examined and approved by the central commission for discipline inspection and various central departments;

(V) inner-party regulations issued by the party committees of provinces, autonomous regions, and municipalities directly under the central government are reviewed and approved by the party committees of the provinces, autonomous regions, and municipalities directly under the central government.

Article 23 the draft inner-party laws and regulations that have been examined and approved shall be submitted for publication in accordance with the prescribed procedures after being approved by the institution responsible for the work of laws and regulations.

Inner-party laws and regulations are generally issued in the form of documents of the CPC Central Committee, the General Office of the CPC Central Committee, the Central Commission for discipline Inspection, the documents of various central departments, the documents of the party committees of provinces, autonomous regions and municipalities directly under the Central Government, and the documents of the general offices of the party committees.

Party regulations should generally be published publicly after approval.

Article 24 the inner-party laws and regulations that are urgently needed in practical work but are not mature enough can be tried out first and reissued after being perfected in practice.

Chapter V Application and Interpretation

Article 25 The Party Constitution shall have the highest effect in the Party's internal laws and regulations, and no other internal Party laws and regulations shall contravene the Party Constitution.

The effectiveness of the central party regulations is higher than that of the internal party regulations formulated by the Central Commission for Discipline Inspection, various departments of the central government, and the party committees of provinces, autonomous regions, and municipalities.

The internal party regulations formulated by the party committees of provinces, autonomous regions, and municipalities directly under the Central Government must not conflict with the internal party regulations formulated by the Central Commission for Discipline Inspection and various departments of the Central Committee.

Article 26 if the general provisions of the inner-party laws and regulations formulated by the same organ are inconsistent with the special provisions, the special provisions shall apply; if the old provisions are inconsistent with the new provisions, the new provisions shall apply.

Article 27 If the inner-party laws and regulations formulated by the Central Commission for Discipline Inspection and various departments of the Central Committee have inconsistent provisions on the same matter, they shall be submitted to the Central Committee for handling.

Article 28: The Central Committee shall order corrections or revoke the internal party regulations issued by the Central Commission for Discipline Inspection, various departments of the Central Committee, and the party committees of provinces, autonomous regions, and municipalities directly under the Central Government in any of the following circumstances:

(I) conflict with the party constitution and the party's theory, line, principles and policies;

(II) inconsistent with the Constitution and laws;

(III) conflict with the central party regulations.

Article 29 The interpretation of laws and regulations within the Central Committee shall be the responsibility of the interpretation organs prescribed by it. If the inner-party regulations of the Central Committee issued before the implementation of these regulations do not clearly stipulate the interpretation organ, the General Office of the Central Committee shall consult the Central Committee and undertake it.

The internal party regulations formulated by the Central Commission for Discipline Inspection, various departments of the Central Committee and the party committees of provinces, autonomous regions, and municipalities directly under the Central Government shall be interpreted by them.

The interpretation of internal party regulations has the same effect as internal party regulations.

Chapter VI Filing, Clearing and Evaluation

Article 30 the inner-party laws and regulations formulated by the Central Commission for Discipline Inspection, various departments of the Central Committee and the Party committees of provinces, autonomous regions and municipalities directly under the central government shall be submitted to the Central Committee for the record within 30 days from the date of promulgation, and the filing work shall be undertaken by the general office of the Central Committee. The specific measures for filing for the record shall be separately prescribed by the General Office of the Central Committee.

Article 31 the inner-party law-making organ shall timely clean up the inner-party laws and regulations, and timely amend and abolish the relevant inner-party laws and regulations according to the clean-up situation.

Article 32 the formulation organs, drafting departments and units of inner-party laws and regulations may, in accordance with their functions and powers, evaluate the implementation and effect of inner-party laws and regulations.

Chapter VII Supplementary Provisions

Article 33 These Regulations shall apply to the amendment and repeal of internal Party regulations.

Amendments to the Party Constitution shall be governed by the provisions of the Party Constitution.

Article 34 The Central Military Commission and its General Political Department shall formulate internal military regulations in accordance with the basic spirit of these Regulations.

Article 35 The General Office of the Central Committee shall be responsible for the interpretation of these Regulations.

Article 36 These Regulations shall enter into force as of the date of promulgation. On July 31, 1990, the "Interim Regulations on the Procedures for the Formulation of Inner-Party Regulations of the Communist Party of China" issued by the Central Committee of the Communist Party of China was repealed at the same time.

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