Constitution of the Communist Party of China
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Chapter VIII Party Organs for Discipline Inspection
Article 43. The Party's Central Commission for Discipline Inspection functions under the leadership of the Central Committee of the Party. The Party's local commissions for discipline inspection at all levels and primary commissions for discipline inspection function under the dual leadership of the Party committees at the corresponding levels and the next higher commissions for discipline inspection.
The Party's commissions for discipline inspection at all levels serve a term of the same duration as the Party committees at the corresponding levels.
The Party's Central Commission for Discipline Inspection elects, in plenary session, its standing committee, secretary and deputy secretaries and reports the results to the Central Committee for approval. Local commissions for discipline inspection at all levels elect, at their plenary sessions, their respective standing committees, secretaries and deputy secretaries. The results of the elections are subject to endorsement by the Party committees at the corresponding levels and should be reported to the next higher Party committees for approval. The question of whether a primary Party committee should set up a commission for discipline inspection or simply appoint a discipline inspection commissioner shall be determined by the next higher Party organization in light of the specific circumstances. The committees of general Party branches and Party branches shall have discipline inspection commissioners.
The Party's Central Commission for Discipline Inspection shall, when its work so requires, accredit discipline inspection groups or commissioners to Party or state organs at the central level. Leaders of the discipline inspection groups or discipline inspection commissioners may attend relevant meetings of the leading Party organizations in the said organs as non-voting participants. The leading Party organizations in the organs concerned must support their work.
Article 44. The main tasks of the Party's commissions for discipline inspection at all levels are as follows: to uphold the Constitution and other statutes of the Party, to check up on the implementation of the line, principles, policies and resolutions of the Party and to assist the respective Party committees in improving the Party's style of work and in organizing and coordinating the work against corruption.
The commissions for discipline inspection at all levels shall frequently provide education for Party members on their duty to observe Party discipline and adopt decisions for the upholding of Party discipline; they shall oversee Party members holding leading positions in exercising their power; they shall examine and deal with relatively important or complicated cases of violation of the Constitution or other statutes of the Party by Party organizations or Party members and decide on or rescind disciplinary measures against Party members involved in such cases; they shall deal with complaints and appeals made by Party members; and they shall guarantee the rights of Party members.
The commissions for discipline inspection at all levels shall report to the Party committees at the corresponding levels on the results of their handling of cases of special importance or complexity, as well as on the problems encountered. The local commissions for discipline inspection at all levels and primary commissions for discipline inspection shall also present such reports to the higher commissions.
If a commission for discipline inspection at any level discovers any violation of Party discipline by a member of the Party committee at the corresponding level, it may take the initial step of verifying the facts and, if it is necessary to put a case on file, it should report to the Party committee at the corresponding level for approval, and if a member of the standing committee of the Party committee is involved, it should first report to the Party committee at the corresponding level and then to the commission for discipline inspection at the next higher level for approval.
Article 45. Higher commissions for discipline inspection have the power to examine the work of the lower commissions and to approve or modify their decisions on any case. If decisions so modified have already been ratified by the Party committee at the corresponding level, the modification must be approved by the next higher Party committee.
If a local commission for discipline inspection or a primary commission for discipline inspection does not agree with a decision made by the Party committee at the corresponding level in dealing with a case, it may demand the commission at the next higher level reexamine the case; if a local or primary commission discovers cases of violation of Party discipline by the Party committee at the corresponding level or by its members, and if that Party committee fails to deal with them properly or at all, it has the right to appeal to the higher commission for assistance in dealing with such cases.
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