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Party Discipline Learning and Education Column | No. 12: Interpretation of New or Revised Key Provisions in the Regulations on Disciplinary Actions of the Communist Party of China ⑩
2024-06-27
China Discipline Inspection and Supervision Magazine, No. 06, 2024
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Refusal to correct the behavior of relatives in illegally doing business and running enterprises
PROVISIONS
Article 107: The spouse, children and their spouses of a party member's leading cadre violate relevant regulations to engage in business activities that may affect their fair performance of official duties in the area and business scope under the jurisdiction of the party member's leading cadre, or have other violations of the prohibition of business in business enterprises. If the prescribed behavior is prohibited, the party member's leading cadre shall correct it in accordance with the regulations; if it refuses to correct, it shall resign from its current position or be adjusted by the organization; those who do not resign from their current posts or do not obey the organizational adjustment of their posts shall be removed from their posts within the Party.
Interpretation
Article 107 of the regulations newly stipulates that if the spouses, children and spouses of party members and leading cadres "have other acts in violation of the regulations on the prohibition of business in enterprises", the leading cadres shall correct them in accordance with the regulations; if they refuse to correct them, the leading cadres themselves shall resign from their current posts or be adjusted by the organization; if they do not resign from their current posts or do not obey the adjustment of their posts by the organization, the leading cadres shall be removed from their posts within the party. In real life, the dishonest behaviors of party members and leading cadres can be roughly divided into two categories: one is that they actually use their powers and seek personal gain, which must be severely punished; the other is that although they do not actually use their powers for personal gain, there are conflicts of interest, which are realistic risks and must be regulated. This article of the Regulations is made from the perspective of preventing conflicts of interest.
The "Regulations" stipulate "violation of the regulations on business-run enterprises", which mainly links up with the "Regulations on the Management of Leading Cadres' Spouses, Children and Their Spouses in Business-run Enterprises" issued by the General Office of the Central Committee in 2022. The "regulations" make a more comprehensive list of the situation of family members doing business and running enterprises, and at the same time put forward requirements for different levels and categories of leading cadres' spouses, children and their spouses to run business enterprises. The general principle is that the higher the level of leading cadres, the stricter the requirements. Party members and leading cadres should, in accordance with the relevant regulations of the Party Central Committee, their units and regions, strengthen the education and restraint of their relatives, and take the lead in running the family honestly. (Hao Min)
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