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Legal Analysis: All Serious. Administrative disciplinary sanctions are the general term for administrative sanctions and disciplinary sanctions, and administrative sanctions are the punishments imposed by the supervision departments on civil servants; The disciplinary punishment is the punishment of party members by the Discipline Inspection Committee; Party discipline punishment is a necessary means of education and punishment for Party members who violate discipline.
Legal basis: Article 41 of the Constitution of the Communist Party of China There are five types of disciplinary sanctions against Party members: warnings, serious warnings, removal from positions within the Party, Party probation, and expulsion from the Party.
Party probation is not to exceed two years. Party members do not have the right to vote, elect, or be elected during the period of Party probation. Where Party members have truly corrected their mistakes after being placed on Party probation, they shall restore their rights as Party members; Those who persist in not correcting their mistakes shall be expelled from the Party.
Expulsion from the party is the highest punishment within the party. When deciding or approving the expulsion of Party members from the Party, Party organizations at all levels shall comprehensively study the relevant materials and opinions and adopt a very cautious attitude.
Law of the People's Republic of China on Governmental Sanctions for Public Employees" Article 7: The types of governmental sanctions are: (1) warnings; (2) Demerits; (3) Recording a major demerit; (4) De-escalation; (5) Removal from office; (6) Expulsion.
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The 1997 Disciplinary Regulations have been repealed and are now in force as the Disciplinary Regulations of the Communist Party of China, which came into effect on 1 October 2018. The regulations are internal party regulations formulated in accordance with the Constitution of the Communist Party of China. The "Regulations on Disciplinary Actions of the Communist Party of China" are formulated to safeguard the Party's constitution and other internal Party regulations, strictly enforce Party discipline, purify the Party's organization, protect the democratic rights of Party members, educate Party members to abide by discipline and law, maintain the unity and unity of the Party, and ensure the Party's line, principles, policies, resolutions and the stateLaws and RegulationsImplementation.
Article 142 of the Regulations on Disciplinary Sanctions of the Communist Party of China: These Regulations shall come into force on October 1, 2018.
Before the implementation of this article, if a case that has already been closed needs to be reviewed and reviewed, the provisions or policies at that time shall apply. In cases that have not yet been concluded, if the provisions or policies at the time of the conduct were not considered a violation of discipline, but these Regulations find it to be a violation of discipline, it is to be handled in accordance with the provisions or policies at that time; If the provisions or policies at the time of the conduct are found to be a violation of discipline, it is to be handled in accordance with the provisions or policies at the time, but if these Regulations do not find it to be a violation of discipline or the punishment is relatively minor, it is to be handled in accordance with the provisions of these Regulations.
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The basis for Party discipline sanctions for Party members who violate discipline includes: false factual basis, disciplinary basis (policy basis), and reference basis (i.e., additional consideration of the conditions of leniency, leniency, severity, and aggravation).
The main basis of punishment is the wrong facts, including the circumstances, nature and consequences of the error. The Party's policies, the Party Constitution, and the Party's rules and discipline formulated by the Party are the basis for the policy. When deciding on the punishment of party members who have violated discipline, we should take my attitude and consistent performance as a reference condition.
Based on factors such as my attitude, the punishment may be mitigated or commuted, or the punishment may be heavier or more aggravated within the scope of applying Party discipline.
1. Types of sanctions.
1. Warning: refers to a kind of Party discipline punishment in which Party organizations and Party discipline inspection organs warn Party members who violate discipline, point out the harmfulness of their behavior, prompt them to recognize their mistakes, arouse vigilance, and prevent such mistakes from being made again;
2. Serious warning: refers to a kind of Party discipline sanction in which Party organizations and Party discipline inspection organs issue serious warnings to Party members who violate discipline, point out the harmfulness of their behavior, and order them to recognize their mistakes and not make such mistakes again;
3. Removal from intra-Party positions: refers to the revocation of the leadership positions of Party organizations and their work departments elected or appointed by organizations within the Party that have been sanctioned;
4. Party probation: refers to a Party discipline sanction in which Party organizations and Party discipline inspection organs give a certain period of probation to those Party members who have seriously violated Party discipline but have not completely lost the conditions for Communist Party membership before making a decision to expel them from the Party, urging them to completely correct their mistakes;
5. Expulsion from the Party: refers to a kind of Party discipline punishment in which Party organizations and Party discipline inspection organs cancel Party membership and expel Party members from Party organizations who have seriously violated Party discipline and have lost the requirements for Party membership.
II. How to lift Party discipline sanctions after they expire.
After disciplinary sanctions are imposed on Party members, different types of sanctions have different types and different punishment periods, and the punishment will be automatically lifted after the expiration of the punishment period.
Legal basis
Article 32 of the Regulations of the Communist Party of China on Domestic Intra-Party Disciplinary Sanctions provides that in any of the following circumstances, the sanction of expulsion from the Party is to be given:
1) Those who have been sentenced to the primary punishment (including a suspended sentence) provided for in the Criminal Law of the People's Republic of China for intentional crimes in accordance with law;
3) Those who have been sentenced to three or more years imprisonment (not including three years) in accordance with law for crimes of negligence.
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Hello 1, the party constitution and the party's discipline regulations do not stipulate a time limit for party members to file a complaint due to dissatisfaction with the punishment, that is, they can appeal at any time. 2. A complaint should be filed against the Party organization at the next higher level (including the Party committee and the Discipline Inspection Commission) of the unit that made the sanction decision. 3. First of all, he personally submitted a complaint, explaining the facts and reasons for the complaint.
After receiving an individual's complaint, the higher-level organ shall promptly conduct a preliminary investigation into the adjustment of the file, and if there is unfairness in the handling of Party members in the process and in fact, it shall file a case for review, and give feedback to the complainant on the results of the review.
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Legal Analysis: (1) Warnings;
b) Serious warnings;
3) Removal from positions within the Party;
4) Party probation; Qiaopei.
5) Expulsion from the Party.
Legal basis: Article 41 of the Model Constitution of the Communist Party of China There are five types of disciplinary sanctions against Party members: warnings, serious warnings, removal from internal Party positions, Party probation, and expulsion from the Party.
Party probation is not to exceed two years. Party members do not have the right to vote, elect, or be elected during the period of Party probation. Where Party members have truly corrected their mistakes after being placed on Party probation, their rights as Party members shall be restored; Those who persist in not correcting their mistakes shall be expelled from the Party.
Expulsion from the party is the highest punishment within the party. When Party organizations at all levels decide or approve the expulsion of Party members, they should comprehensively study the relevant materials and opinions and adopt a very cautious attitude.
There are at least two points, one is that it should be further refined, and the other is to investigate the responsibility that should be punished but not punished.
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