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第六章 党的干部

Chapter VI. Party Officials

第三十五条 党的干部是党的事业的骨干,是人民的公仆,要做到忠诚干净担当。党按照德才兼备、以德为先的原则选拔干部,坚持五湖四海、任人唯贤,坚持事业为上、公道正派,反对任人唯亲,努力实现干部队伍的革命化、年轻化、知识化、专业化。

Article 35: Party officials are the backbone of the Party’s cause and public servants of the people, and shall be loyal to the Party, clean, and responsible. The Party shall select officials on the basis of both their moral integrity and their professional competence—giving greater priority to the former—and on the basis of their merits and not their origins; it shall select officials who put the Party’s cause first and who are impartial and upright; it shall oppose favoritism; and it shall endeavor to develop a contingent of officials that is more revolutionary, younger, better educated, and more professional.

党重视教育、培训、选拔、考核和监督干部,特别是培养、选拔优秀年轻干部。积极推进干部制度改革。

The Party attaches great weight to the education, training, selection, assessment, and oversight of its officials, and considers the training and selection of outstanding young officials to be of particular importance. The Party shall work actively to achieve progress in reforming the cadre system.

党重视培养、选拔女干部和少数民族干部。

The Party attaches great importance to the training and promotion of female officials and ethnic minority officials.

第三十六条 党的各级领导干部必须信念坚定、为民服务、勤政务实、敢于担当、清正廉洁,模范地履行本章程第三条所规定的党员的各项义务,并且必须具备以下的基本条件

Article 36: Party officials at every level must hold firm convictions, be committed to serving the people, be hardworking and pragmatic, take on responsibility, and be clean and honest. They must set a good example in carrying out their obligations as Party members as prescribed in Article 3 of this Constitution and must meet the following basic requirements::

(一)具有履行职责所需要的马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观的水平,带头贯彻落实习近平新时代中国特色社会主义思想,努力用马克思主义的立场、观点、方法分析和解决实际问题,坚持讲学习、讲政治、讲正气,经得起各种风浪的考验。

1) Have the necessary understanding of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, and the Scientific Outlook on Development to be able to perform their duties; take the lead in applying Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; endeavor to use Marxist positions, viewpoints, and methods in analyzing and solving practical problems; demand of themselves commitment to study, political integrity, and rectitude; and be able to stand the test of any hardship or difficulty.

(二)具有共产主义远大理想和中国特色社会主义坚定信念,坚决执行党的基本路线和各项方针、政策,立志改革开放,献身现代化事业,在社会主义建设中艰苦创业,树立正确政绩观,做出经得起实践、人民、历史检验的实绩。

2) Have firm conviction in the high ideal of communism and in socialism with Chinese characteristics, resolutely implement the Party’s basic line, principles, and policies, demonstrate determination in pursuing reform and opening up, devote themselves to the cause of modernization, work hard in building socialism, foster the right view on performance evaluation, and make solid achievements that stand up in practice, in the eyes of the people, and over the course of time.

(三)坚持解放思想,实事求是,与时俱进,开拓创新,认真调查研究,能够把党的方针、政策同本地区、本部门的实际相结合,卓有成效地开展工作,讲实话,办实事,求实效。

3) Maintain a commitment to the emancipation of the mind, seeking truth from facts, advancing with the times, and breaking new ground and innovating; carry out investigations and research diligently, enabling Party principles and policies to be combined with circumstances in their localities or departments and ensuring work is done to excellent effect; be truthful, do practical work, and seek tangible results.

(四)有强烈的革命事业心和政治责任感,有实践经验,有胜任领导工作的组织能力、文化水平和专业知识。

4) Be dedicated to the revolutionary cause and have a strong sense of political responsibility, have practical experience, and have the organizational ability, general education, and specialized knowledge necessary to excel in leading posts.

(五)正确行使人民赋予的权力,坚持原则,依法办事,清正廉洁,勤政为民,以身作则,艰苦朴素,密切联系群众,坚持党的群众路线,自觉地接受党和群众的批评和监督,加强道德修养,讲党性、重品行、作表率,做到自重、自省、自警、自励,反对形式主义、官僚主义、享乐主义和奢靡之风,反对任何滥用职权、谋求私利的行为。

5) Exercise the power vested in them by the people as it should be exercised, be principled, handle matters in accordance with the law, practice honesty and integrity, work diligently for the people, lead by example, work hard and live plainly, maintain close ties with the people, uphold the Party’s mass line, consciously accept the criticism and oversight of the Party and the people, strengthen their moral self-cultivation, espouse the Party spirit and high ethical standards, be a role model, exercise self-respect, self-reflection, self-caution, and self-motivation, combat the practice of formalities for formalities’ sake, bureaucratism, hedonism, and extravagance, and oppose any act of abusing power for personal gain.

(六)坚持和维护党的民主集中制,有民主作风,有全局观念,善于团结同志,包括团结同自己有不同意见的同志一道工作。

6) Uphold the Party’s democratic centralism, work in a democratic way, keep in mind the bigger picture, and be good at uniting and working with other comrades, including those whose views differ from their own.

第三十七条 党员干部要善于同党外干部合作共事,尊重他们,虚心学习他们的长处。

Article 37: Party officials should be able to cooperate well with non-Party officials, respect them, and be open-minded in learning from them.

党的各级组织要善于发现和推荐有真才实学的党外干部担任领导工作,保证他们有职有权,充分发挥他们的作用。

Party organizations at all levels must be good at discovering, and recommending for leadership positions, talented non-Party members with practical learning, and ensure that they enjoy authority commensurate with their positions and can fully play their roles.

第三十八条 党的各级领导干部,无论是由民主选举产生的,或是由领导机关任命的,他们的职务都不是终身的,都可以变动或解除。

Article 38: Party members in leadership positions at every level, whether elected through democratic procedures or appointed by a leading body, do not hold posts for life and can be transferred from or relieved of their posts.

年龄和健康状况不适宜于继续担任工作的干部,应当按照国家的规定退、离休。

Officials whose age and health make them unfit to continue working should retire according to state regulations.

第七章 党的纪律

Chapter VII. Party Discipline

第三十九条 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。

Article 39: Party discipline refers to the codes of conduct that must be observed by Party organizations at every level and by all Party members. It is a guarantee for safeguarding Party unity and solidarity and for ensuring that the tasks of the Party are accomplished. Party organizations must strictly observe and maintain Party discipline. Communist Party members must consciously accept the constraints of Party discipline.

第四十条 党的纪律主要包括政治纪律、组织纪律、廉洁纪律、群众纪律、工作纪律、生活纪律。

Article 40: Party discipline mainly consists of political and organizational discipline and discipline regarding integrity, the public, work, and life.

坚持惩前毖后、治病救人,执纪必严、违纪必究,抓早抓小、防微杜渐,按照错误性质和情节轻重,给以批评教育直至纪律处分。运用监督执纪“四种形态”,让“红红脸、出出汗”成为常态,党纪处分、组织调整成为管党治党的重要手段,严重违纪、严重触犯刑律的党员必须开除党籍。

Party organizations shall reprimand and educate, or take disciplinary action against, members who have violated Party discipline, depending on the nature and seriousness of their mistakes, in keeping with the principle of learning from mistakes to prevent recurrence, treating the illness to save the patient, exercising strict discipline enforcement, holding every violator accountable, and discovering problems early and correcting them when they are nascent. The four forms of oversight and discipline enforcement shall be exercised, ensuring that those who have committed minor misconduct are made to “redden and sweat”; that penalties and organizational adjustments to official positions are employed as important means of Party self-supervision and self-governance; and that those who have committed serious disciplinary and/or criminal violations are expelled from the Party.

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。

It is strictly forbidden within the Party to take any measure in contravention of the Party Constitution or state laws in dealing with a member, or to retaliate against or frame another person. Offending organizations and individuals must be held accountable according to Party discipline and state laws.

第四十一条 对党员的纪律处分有五种:警告、严重警告、撤销党内职务、留党察看、开除党籍。

Article 41: There are five forms of disciplinary action for Party members: warning, severe warning, removal from a position within the Party, probation within the Party, and expulsion from the Party.

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。

Party members shall not be placed on probation within the Party for a period of more than two years. A Party member under probation shall have no right to vote or stand for election. A Party member who has undergone a period of disciplinary probation and genuinely rectified his or her mistake(s) shall have his or her rights as a Party member restored. A Party member who refuses to show remorse shall be expelled from the Party.

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。

Expulsion is the ultimate form of disciplinary action within the Party. In deciding on or approving an expulsion, Party organizations at every level shall look into all documentation and opinions related to the case with circumspection.

第四十二条 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。

Article 42: Any disciplinary action to be taken against a Party member must be discussed and decided on at a general meeting of Party branch, and reported to the primary-level Party committee for approval. In the event that the issues involved are particularly important or complicated, or if a member is to be expelled from the Party, the case shall be reported to a Party commission for discipline inspection for examination and approval at the county level or above depending on the specific circumstances of the case. In exceptional circumstances, a Party committee or a commission for discipline inspection at or above the county level has the authority to decide directly on the disciplinary action to be taken against a Party member.

对党的中央委员会委员、候补委员,给以警告、严重警告处分,由中央纪律检查委员会常务委员会审议后,报党中央批准。对地方各级党的委员会委员、候补委员,给以警告、严重警告处分,应由上一级纪律检查委员会批准,并报它的同级党的委员会备案。

Any decision to give a member or alternate member of the Central Committee a warning or severe warning shall be examined by the Standing Committee of the Central Commission for Discipline Inspection and then submitted to the Central Committee for approval. Any decision to give a member or alternate member of a local Party committee at any level a warning or severe warning shall be submitted to the commission for discipline inspection at the next level up for approval and reported to the Party committee at the same level as the commission to be put on record.

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。在全体会议闭会期间,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,必须经过上级纪律检查委员会常务委员会审议,由这一级纪律检查委员会报同级党的委员会批准。

Any decision to discipline a member or alternate member of the Central Committee or a local committee at any level by removal from his or her position within the Party, disciplinary probation, or expulsion from the Party must be approved by a two-thirds majority vote at a plenary meeting of the Party committee to which the member or alternate member in question belongs. When the plenary meeting is not in session, the decision may be taken first by the Political Bureau of the Central Committee or the standing committee of a local Party committee while awaiting confirmation at the plenary meeting of the Party committee. The use of such actions in disciplining a member or alternate member of a local Party committee is subject to examination by the standing committee of the commission for discipline inspection at the next level up and shall then be submitted by the commission for discipline inspection to the Party committee at the same level as the commission for approval.

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。

The expulsion from the Party of a member or alternate member of the Central Committee who has committed a serious criminal violation shall be decided upon by the Political Bureau of the Central Committee; the expulsion of a member or alternate member of a local Party committee at any level who has committed a serious criminal violation shall be decided upon by the standing committee of the Party committee at the corresponding level.

第四十三条 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。

Article 43: When a Party organization is deciding on disciplinary action against a Party member, it should investigate and verify the facts as objectively as possible. The Party member in question must be shown the disciplinary decision and the facts it is based on, and be given the chance to offer an explanation and speak in his or her own defense. If the member does not accept the decision, he or she may appeal, and the Party organization concerned must promptly manage or forward the appeal, and must not withhold or suppress it. Those who persist with mistaken views or unjustifiable claims shall be subject to reprimand and education.

第四十四条 党组织如果在维护党的纪律方面失职,必须问责。

Article 44: Should a Party organization fail to uphold Party discipline, it must be held accountable.

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。

In the event that a Party organization seriously violates Party discipline and is unable to rectify the mistake on its own, the Party committee at the next level up should, after establishing and verifying the facts, make a decision to reorganize or dissolve the organization based on the seriousness of the case, report this decision to the Party committee at the next level up for examination and approval, and then formally announce and execute the decision.

第八章 党的纪律检查机关

Chapter VIII. Party Organs for Discipline Inspection

第四十五条 党的中央纪律检查委员会在党的中央委员会领导下进行工作。党的地方各级纪律检查委员会和基层纪律检查委员会在同级党的委员会和上级纪律检查委员会双重领导下进行工作。上级党的纪律检查委员会加强对下级纪律检查委员会的领导。

Article 45: The Party’s Central Commission for Discipline Inspection shall function under the leadership of the Central Committee of the Party. Local commissions for discipline inspection at every level and primary-level commissions for discipline inspection shall all function under the dual leadership of the Party committee at the corresponding level and the commission for discipline inspection at the next level up. A commission for discipline inspection shall strengthen its leadership over the lower-level commissions for discipline inspection.

党的各级纪律检查委员会每届任期和同级党的委员会相同。

The Party’s commissions for discipline inspection at every level shall serve a term of the same duration as Party committees at the corresponding level.

党的中央纪律检查委员会全体会议,选举常务委员会和书记、副书记,并报党的中央委员会批准。党的地方各级纪律检查委员会全体会议,选举常务委员会和书记、副书记,并由同级党的委员会通过,报上级党的委员会批准。党的基层委员会是设立纪律检查委员会,还是设立纪律检查委员,由它的上一级党组织根据具体情况决定。党的总支部委员会和支部委员会设纪律检查委员。

The Party’s Central Commission for Discipline Inspection shall elect, at a plenary session, its standing committee, secretary, and deputy secretaries, and shall report the election results to the Central Committee for approval. Local commissions for discipline inspection at every level shall elect their standing committees, secretaries, and deputy secretaries at their plenary sessions. Election results must go through the Party committee at the corresponding level and be reported to the Party committee at the next level up for approval. Whether a primary-level Party committee should set up a commission for discipline inspection or simply appoint a discipline inspection commissioner is to be determined by the Party organization at the next level up in light of the specific circumstances. Committees of general Party branches and Party branches shall have in place discipline inspection commissioners.

党的中央和地方纪律检查委员会向同级党和国家机关全面派驻党的纪律检查组。纪律检查组组长参加驻在部门党的领导组织的有关会议。他们的工作必须受到该机关党的领导组织的支持。

The Party’s central and local commissions for discipline inspection shall accredit discipline inspection teams to all the Party and state organs at the corresponding level. The leaders of such discipline inspection teams shall attend relevant meetings of the leading Party organizations in the organs. The leading Party organizations in the organs concerned must support their work.

第四十六条 党的各级纪律检查委员会是党内监督专责机关,主要任务是:维护党的章程和其他党内法规,检查党的路线、方针、政策和决议的执行情况,协助党的委员会推进全面从严治党、加强党风建设和组织协调反腐败工作。

Article 46: The Party’s commissions for discipline inspection at every level are bodies specifically charged with the responsibility of conducting internal oversight, whose main tasks are: to defend the Constitution and other regulations of the Party, to monitor the implementation of the lines, principles, policies, and resolutions of the Party, and to assist their respective Party committees in ensuring strict Party self-governance in every respect, improving Party conduct, and organizing and coordinating efforts to combat corruption.

党的各级纪律检查委员会的职责是监督、执纪、问责,要经常对党员进行遵守纪律的教育,作出关于维护党纪的决定;对党的组织和党员领导干部履行职责、行使权力进行监督,受理处置党员群众检举举报,开展谈话提醒、约谈函询;检查和处理党的组织和党员违反党的章程和其他党内法规的比较重要或复杂的案件,决定或取消对这些案件中的党员的处分;进行问责或提出责任追究的建议;受理党员的控告和申诉;保障党员的权利。

The duties of the Party’s commissions for discipline inspection at every level are to exercise oversight, enforce discipline, and ensure accountability. They shall work to keep Party members educated about their duty to observe Party discipline and shall make decisions about maintaining Party discipline; they shall oversee the performance of duty and exercise of power by Party organizations and Party members in leadership positions, accept and handle complaints and reports made by both Party members and the general public, hold cautionary talks, and carry out oral or written inquiries; they shall examine and deal with important or complicated cases of violations of the Constitution or other regulations of the Party by Party organizations or members and decide on or rescind disciplinary action against the Party members involved; they shall pursue accountability or propose enforcing accountability; they shall deal with complaints and appeals made by Party members; and they shall safeguard the rights of Party members.

各级纪律检查委员会要把处理特别重要或复杂的案件中的问题和处理的结果,向同级党的委员会报告。党的地方各级纪律检查委员会和基层纪律检查委员会要同时向上级纪律检查委员会报告。

Commissions for discipline inspection at every level shall report to the Party committee at the corresponding level on problems encountered in handling and the outcomes of particularly important or complex cases. Local commissions for discipline inspection at every level and primary-level commissions for discipline inspection shall, at the same time, also submit reports to commissions for discipline inspection at the next level up.

各级纪律检查委员会发现同级党的委员会委员有违犯党的纪律的行为,可以先进行初步核实,如果需要立案检查的,应当在向同级党的委员会报告的同时向上一级纪律检查委员会报告;涉及常务委员的,报告上一级纪律检查委员会,由上一级纪律检查委员会进行初步核实,需要审查的,由上一级纪律检查委员会报它的同级党的委员会批准。

If a commission for discipline inspection at any level discovers a violation of Party discipline by a member of the Party committee at the corresponding level, it may take preliminary steps to verify the facts and, if it is necessary to file a case, should simultaneously report the matter to the Party committee at the corresponding level and the commission for discipline inspection at the next level up; if a member of the standing committee of the Party committee is involved, the case shall be reported to and subject to preliminary verification by the commission for discipline inspection at the next level up and, if it is necessary to investigate the case, the commission for discipline inspection in question should then report it to the Party committee at the corresponding level for approval.

第四十七条 上级纪律检查委员会有权检查下级纪律检查委员会的工作,并且有权批准和改变下级纪律检查委员会对于案件所作的决定。如果所要改变的该下级纪律检查委员会的决定,已经得到它的同级党的委员会的批准,这种改变必须经过它的上一级党的委员会批准。

Article 47: Higher-level commissions for discipline inspection have the power to examine the work of lower-level commissions and to approve or revise their decisions on a case. If the decision to be revised has already been ratified by the Party committee at the corresponding level, the revision must be approved by the Party committee at the next level up.

党的地方各级纪律检查委员会和基层纪律检查委员会如果对同级党的委员会处理案件的决定有不同意见,可以请求上一级纪律检查委员会予以复查;如果发现同级党的委员会或它的成员有违犯党的纪律的情况,在同级党的委员会不给予解决或不给予正确解决的时候,有权向上级纪律检查委员会提出申诉,请求协助处理。

If a local commission for discipline inspection at any level or a primary-level commission for discipline inspection disagrees with a decision made during the handling of a case by the Party committee at the corresponding level, it may request that the commission at the next level up re-examines the case; should a local or primary-level commission discover a discipline violation by the Party committee at the corresponding level or by any of its members, and if the Party committee fails to address or addresses incorrectly that violation, the commission has the right to appeal to a higher-level commission and request assistance in dealing with the matter.

 

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