Full Text of Constitution of Communist Party of China (II)

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Full Text of Constitution of Communist Party of China (II)

Following is the full text of the Constitution of the Communist Party of China (CPC) amended and adopted at the 16th CPC National Congress on Nov. 14, 2002. (Part II)
Full Text of Constitution of Communist Party of China (I)

DISCUSSION

CHINESE

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Chapter I

Membership

Article 1 Any Chinese worker, farmer, member of the armed forces, intellectual or any advanced element of other social strata who has reached the age of eighteen and who accepts the Party's Program and Constitution and is willing to join and work actively in one of the Party organizations, carry out the Party's decisions and pay membership dues regularly may apply for membership in the Communist Party of China.

Article 2 Members of the Communist Party of China are vanguard fighters of the Chinese working class imbued with communist consciousness.

Members of the Communist Party of China must serve the people wholeheartedly, dedicate their whole lives to the realization of communism, and be ready to make any personal sacrifices.

Members of the Communist Party of China are at all times ordinary members of the working people. Communist Party members must not seek personal gain or privileges, although the relevant laws and policies provide them with personal benefits and job-related functions and powers.

Article 3 Party members must fulfill the following duties:

1) To conscientiously study Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents, study the Party's line, principles, policies and decisions, acquire essential knowledge concerning the Party, obtain general, scientific and professional knowledge and work diligently to enhance their ability to serve the people.

(2) To implement the Party's basic line, principles and policies, take the lead in reform, opening up and socialist modernization, encourage the people to work hard for economic development and social progress and play an exemplary and vanguard role in production, work, study and social activities.

(3) To adhere to the principle that the interests of the Party and the people stand above everything else, subordinating their personal interests to the interests of the Party and the people, being the first to bear hardships and the last to enjoy comforts, working selflessly for the public interests and working to contribute more.

(4) To conscientiously observe the Party discipline, abide by the laws and regulations of the state in an exemplary way, rigorously guard secrets of the Party and state, execute the Party's decisions, and accept any job and actively fulfill any task assigned them by the Party.

(5) To uphold the Party's solidarity and unity, be loyal to and honest with the Party, match words with deeds, firmly oppose all factions and small-clique activities and oppose double-dealing and scheming of any kind.

(6) To earnestly engage in criticism and self-criticism, boldly expose and correct shortcomings and mistakes in work and resolutely combat corruption and other malpractices.

(7) To maintain close ties with the masses, disseminate the Party's views among them, consult with them when problems arise, keep the Party informed of their views and demands in good time and defend their legitimate interests.

(8) To promote new socialist ways and customs and advocate communist ethics. To step forward and fight bravely in times of difficulty or danger, daring to make any sacrifice to defend the interests of the country and the people.

Article 4 Party members enjoy the following rights:

(1) To attend relevant Party meetings, read relevant Party documents, and benefit from the Party's education and training.

(2) To participate in the discussion of questions concerning the Party's policies at Party meetings and in Party newspapers and journals.

(3) To make suggestions and proposals regarding the work of the Party.

(4) To make well-grounded criticism of any Party organization or member at Party meetings, to present information or charges against any Party organization or member concerning violations of discipline or the law to the Party in a responsible way, to demand disciplinary measures against such a member, or call for dismissal or replacement of any incompetent cadre.

(5) To participate in voting and elections and to stand for election.

(6) To attend, with the right of self-defense, discussions held by Party organizations to decide on disciplinary measures to be taken against themselves or to appraise their work and behavior; other Party members may also bear witness or argue on their behalf.

(7) In case of disagreement with a Party decision or policy, to make reservations and present their views to Party organizations at higher levels even up to the Central Committee, provided that they resolutely carry out the decision or policy while it is in force.

(8) To put forward any request, appeal, or complaint to higher Party organizations even up to the Central Committee and ask the organizations concerned for a responsible reply.

No Party organization, up to and including the Central Committee, has the right to deprive any Party member of the above-mentioned rights.

Article 5 New Party members must be admitted through a Party branch, and the principle of individual admission must be adhered to.

An applicant for Party membership must fill in an application form and be recommended by two full Party members. The application must be accepted at a general membership meeting of the Party branch concerned and approved by the next higher Party organization, and the applicant must undergo observation for a probationary period before being granted full membership.

Party members who recommend an applicant must make genuine efforts to acquaint themselves with the applicant's ideology, character, personal record and work performance and explain to each applicant the Party's program and Constitution, qualifications for membership and the duties and rights of members, and must make a responsible report to the Party organization on the matter.

The Party branch committee must canvass the opinions of persons concerned, inside and outside the Party, about an applicant for Party membership and, after establishing the latter's qualification following rigorous examination, submit the application to a general membership meeting for discussion.

Before approving the admission of applicants for Party membership, the next higher Party organization concerned must appoint people to talk with them, in order to get to know them better and help deepen their understanding of the Party.

In special circumstances, the Central Committee of the Party or the Party committee of a province, autonomous region or municipality directly under the Central Government may admit new Party members directly.

Article 6 A probationary Party member must take an admission oath in front of the Party flag. The oath reads: It is my will to join the Communist Party of China, uphold the Party's program, observe the provisions of the Party Constitution, fulfill a Party member's duties, carry out the Party's decisions, strictly observe Party discipline, guard Party secrets, be loyal to the Party, work hard, fight for communism throughout my life, be ready at all times to sacrifice my all for the Party and the people, and never betray the Party.

Article 7 The probationary period of a probationary member is one year. The Party organization should make serious efforts to educate and observe the probationary members.

Probationary members have the same duties as full members. They enjoy the rights of full members except those of participating in voting and elections and standing for election.

Upon the expiration of the probationary period of a probationary member, the Party branch concerned should promptly discuss whether he is qualified for full membership. A probationary member who conscientiously performs his duties and is qualified for full membership shall be granted full membership as scheduled; if continued observation and education are needed, the probationary period may be extended, but by no more than one year; if a probationary member fails to perform his duties and is found to be unqualified for full membership, his probationary membership shall be annulled. Any decision to grant a probationary member full membership, extend a probationary period, or annul a probationary membership must be made through discussion held by the general membership meeting of the Party branch concerned and approved by the next higher Party organization.

The probationary period of a probationary member begins from the day the general membership meeting of the Party branch admits him as a probationary member. The Party standing of a member begins from the day he is granted full membership on the expiration of the probationary period.

Article 8 Every Party member, irrespective of position, must be organized into a branch, cell or other specific unit of the Party to participate in the regular activities of the Party organization and accept supervision by the masses inside and outside the Party. Leading Party cadres must attend democratic meetings held by the Party committee or leading Party members' groups. There shall be no privileged Party members who do not participate in the regular activities of the Party organization and do not accept supervision by the masses inside and outside the Party.

Article 9 Party members are free to withdraw from the Party. When a Party member asks to withdraw, the Party branch concerned shall, after discussion by its general membership meeting, remove his name from the Party rolls, make the removal public and report it to the next higher Party organization for the record.

The Party branch shall try to educate the Party member who lacks revolutionary will, fails to fulfill the duties of a Party member, or is not qualified for membership and require him to correct his mistakes within the time. If he remains incorrigible after education, he should be persuaded to withdraw from the Party. The case shall be discussed and decided by the general membership meeting of the Party branch concerned and submitted to the next higher Party organization for approval. If the Party member being persuaded to withdraw refuses to do so, the case shall be submitted to the general membership meeting of the Party branch concerned for discussion to decide on the removal of his name from the Party rolls, after which the decision shall be submitted to the next higher Party organization for approval.

A Party member who fails to take part in regular Party activities, pay membership dues or do work assigned by the Party for six successive months without good reason is regarded as having given up membership. The general membership meeting of the Party branch concerned shall decide on the removal of such a person's name from the Party rolls and report it to the next higher Party organization for approval.

Chapter II

Organization System of the Party

Article 10 The Party is an integral body organized under its program and Constitution on the principle of democratic centralism. The basic principles of democratic centralism as practiced by the Party are as follows:

(1) Individual Party members are subordinate to the Party organization, the minority is subordinate to the majority, the lower Party organizations are subordinate to the higher Party organizations, and all the constituent organizations and members of the Party are subordinate to the National Congress and the Central committee of the Party.

(2) The Party's leading bodies at all levels are elected except for the representative organs dispatched by them and the leading Party members' groups in non-Party organizations.

(3) The highest leading body of the Party is the National Congress and the Central Committee elected by it. The leading bodies of local Party organizations are the Party congresses at their respective levels and the Party committees elected by them. Party committees are responsible, and report their work, to the Party congresses at their respective levels.

(4) Higher Party organizations shall pay constant attention to the views of lower organizations and the rank-and-file Party members, and solve in good time the problems they raise. Lower Party organizations shall report on their work to, and request instructions from, higher Party organizations; at the same time, they shall handle, independently and in a responsible manner, matters within their jurisdiction. Higher and lower Party organizations should exchange information and support and supervise each other. Party organizations at all levels should enable Party members to keep well informed of inner-Party affairs and to have as many opportunities as possible to involve themselves in them.

(5) Party committees at all levels function on the principle of combining collective leadership with individual responsibility based on division of labor. All major issues shall be decided upon by the Party committees after discussion in accordance with the principle of collective leadership, democratic centralism, individual consultations and decision by meetings. The members of the Party committees should earnestly perform their duties in accordance with the collective decisions taken and division of labor.

(6) The Party forbids all forms of personality cult. It is necessary to ensure that the activities of the Party leaders are subject to the supervision of the Party and the people, and at the same time to uphold the prestige of all the leaders who represent the interests of the Party and the people.

Article 11 The election of delegates to Party congresses and of members of Party committees at all levels should reflect the will of the voters. Elections shall be held by secret ballot. The lists of candidates shall be submitted to the Party organizations and voters for full deliberation and discussion. The election procedure in which the number of candidates nominated is greater than the number of persons to be elected may be used directly in a formal election or this procedure may be used first in a preliminary election in order to draw up a list of candidates for the formal election. The voters have the right to inquire about the candidates, demand a change or reject one in favor of another. No organization or individual shall in any way compel voters to elect or not to elect any candidate.

If any violation of the Party Constitution occurs in the election of delegates to a local Party congress or to Party congresses at the primary level, the Party committee at the next higher level, after investigation and verification, should decide to declare the election invalid and take appropriate measures. The decision shall be reported to the Party committee at the next higher level for checking and approval before it is formally announced and implemented.

Article 12 When necessary, the Central Committee of the Party and the local Party committees at all levels will convene conferences of delegates to discuss and decide on major problems that require timely solution. The number of delegates to such conferences and the procedure governing their election shall be determined by the Party committees convening them.

Article 13 The formation of a new Party organization or the dissolution of an existing one shall be decided upon by the higher Party organizations.

The Central Committee of the Party and the local Party committees at all levels may send out their representative organs.

When the congress of a local Party organization at any level or the congress of Party organization at the primary level is not in session, the next higher Party organization may, when it deems it necessary, transfer or appoint responsible members of that organization.

Article 14 When making decisions on important questions affecting the lower organizations, the leading bodies of the Party at all levels should, under normal circumstances, solicit opinions of the lower organizations. Measures should be taken to ensure that the lower organizations can exercise their functions and powers normally. Except in special circumstances, higher leading bodies should not interfere with matters that ought to be handled by lower organizations.

Article 15 Only the Central Committee of the Party has the power to make decisions on major policies of a nationwide character. Party organizations of various departments and localities may make suggestions with regard to such policies to the Central Committee, but shall not make any decisions or publicize their views outside the Party without authorization.

Lower Party organizations must firmly implement the decisions of higher Party organizations. If lower organizations consider that any decisions of higher organizations do not suit the specific conditions in their localities or departments, they may demand modification. If the higher organizations insist on their original decisions, the lower organizations must carry out such decisions and refrain from publicly voicing their differences, but retain the right to report to the next higher Party organization.

Newspapers, journals and other means of publicity run by Party organizations at all levels must disseminate the line, principles, policies and decisions of the Party.

Article 16 When discussing and making decisions on any matter, Party organizations must keep to the principle of subordination of the minority to the majority. A vote must be taken when major issues are decided on. Serious consideration should be given to the differing views of a minority. In case of controversy over major issues in which supporters of the two opposing views are nearly equal in number, except in emergencies where action must be taken in accordance with the majority view, the decision should be put off to allow for further investigation, study and exchange of opinions followed by another vote. Under special circumstances, the controversy may be reported to the next higher Party organization for a ruling.

When, on behalf of the Party organization, an individual Party member is to express views on major issues beyond the scope of the existing decisions of the Party organizations, the content must be referred to the Party organization for prior discussion and decision, or referred to the next higher Party organization for instructions. No Party member, whatever his position, is allowed to make decisions on major issues on his own. In an emergency, when a decision by an individual is unavoidable, the matter must be reported to the Party organization immediately afterwards. No leader is allowed to take decisions arbitrarily on his own or to place himself above the Party organization.

Article 17 The central, local and primary organizations of the Party must all pay great attention to Party building. They shall regularly discuss and examine the Party's work in publicity, education, organization and discipline inspection, its mass work and united front work. They must carefully study ideological and political developments inside and outside the Party.

Chapter III

Central Organizations of the Party

Article 18 The National Congress of the Party is held once every five years and convened by the Central Committee. It may be convened before the normally scheduled date if the Central Committee deems it necessary or if more than one-third of the organizations at the provincial level so request. Except under extraordinary circumstances, the Congress may not be postponed.

The number of delegates to the National Congress of the Party and the procedure governing their election shall be determined by the Central Committee.

Article 19 The functions and powers of the National Congress of the Party are as follows:

(1) To hear and examine the reports of the Central Committee;

(2) To hear and examine the reports of the Central Commission for Discipline Inspection;

(3) To discuss and decide on major questions concerning the Party;

(4) To revise the Constitution of the Party;

(5) To elect the Central Committee; and

(6) To elect the Central Commission for Discipline Inspection.

Article 20 The powers and functions of the National Conference of the Party are as follows: to discuss and make decisions on major questions; and to replace members and elect additional members of the Central Committee and the Central Commission for Discipline Inspection. The number of members and alternate members of the Central Committee to be replaced or newly elected shall not exceed one-fifth of the respective totals of members and alternate members of the Central Committee elected by the National Congress of the Party.

Article 21 The Central Committee of the Party is elected for a term of five years. However, when the next National Congress is convened before or after its normally scheduled date, the term shall be correspondingly shortened or extended. Members and alternate members of the Central Committee must have a Party standing of five years or more. The number of members and alternate members of the Central Committee shall be determined by the National Congress. Vacancies on the Central Committee shall be filled by its alternate members in the order of the number of votes by which they were elected.

The Central Committee of the Party meets in plenary session at least once a year, and such sessions are convened by its Political Bureau.

When the National Congress is not in session, the Central Committee carries out its decisions, directs the entire work of the Party and represents the Communist Party of China in its external relations.

Article 22 The Political Bureau, the Standing Committee of the Political Bureau and the General Secretary of the Central Committee of the Party are elected by the Central Committee in plenary session. The General Secretary of the Central Committee must be a member of the Standing Committee of the Political Bureau.

When the Central Committee is not in session, the Political Bureau and its Standing Committee exercise the functions and powers of the Central Committee.

The Secretariat of the Central Committee is the working body of the Political Bureau of the Central Committee and its Standing Committee. The members of the Secretariat are nominated by the Standing Committee of the Political Bureau of the Central Committee and are subject to endorsement by the Central Committee in plenary session.

The General Secretary of the Central Committee is responsible for convening the meetings of the Political Bureau and its Standing Committee and presides over the work of the Secretariat.

The members of the Military Commission of the Central Committee are decided on by the Central Committee.

The central leading bodies and leaders elected by each Central Committee shall, when the next National Congress is in session, continue to preside over the Party's day-to-day work until the new central leading bodies and leaders are elected by the next Central Committee.

Article 23 Party organizations in the Chinese People's Liberation Army carry on their work in accordance with the instructions of the Central Committee. The political work organ of the Military Commission of the Central Committee is the General Political Department of the Chinese People's Liberation Army; the General Political Department directs Party and political work in the army. The organizational system and organs of the Party in the armed forces are prescribed by the Military Commission of the Central Committee.

Chapter IV

Local Organizations of the Party

Article 24 The Party congress of a province, autonomous region, municipality directly under the Central Government, city divided into districts, or autonomous prefecture is held once every five years.

The Party congress of a county (banner), autonomous county, city not divided into districts, or municipal district is held once every five years.

Local Party congresses are convened by the Party committees at the corresponding levels. Under extraordinary circumstances, they may be held before or after their normally scheduled dates upon approval by the next higher Party committees.

The number of delegates to the local Party congresses at any level and the procedure governing their election are determined by the Party committees at the corresponding levels and should be reported to the next higher Party committees for approval.

Article 25 The functions and powers of the local Party congresses at all levels are as follows:

(1) To hear and examine the reports of the Party committees at the corresponding levels;

(2) To hear and examine the reports of the commissions for discipline inspection at the corresponding levels;

(3) To discuss and decide on major issues in the given areas; and

(4) To elect the Party committees and commissions for discipline inspection at the corresponding levels.

Article 26 The Party committee of a province, autonomous region, municipality directly under the Central Government, city divided into districts, or autonomous prefecture is elected for a term of five years. The members and alternate members of such a committee must have a Party standing of five years or more.

The Party committee of a county (banner), autonomous county, city not divided into districts, or municipal district is elected for a term of five years. The members and alternate members of such a committee must have a Party standing of three years or more.

When local Party congresses at various levels are convened before or after their normally scheduled dates, the terms of the committees elected by the previous congresses shall be correspondingly shortened or extended.

The number of members and alternate members of the local Party committees at various levels shall be determined by the next higher committees. Vacancies on the local Party committees at various levels shall be filled by their alternate members in the order of the number of votes by which they were elected.

The local Party committees at various levels meet in plenary session at least twice a year.

Local Party committees at various levels shall, when the Party congresses of the given areas are not in session, carry out the directives of the next higher Party organizations and the decisions of the Party

Congresses at the corresponding levels, direct work in their own areas and report on it to the next higher Party committees at regular intervals.

Article 27 Local Party committees at various levels elect, at their plenary sessions, their standing committees, secretaries and deputy secretaries and report the results to the higher Party committees for approval. The standing committees of local Party committees at various levels exercise the powers and functions of local Party committees when the latter are not in session. They continue to handle the day-to-day work when the next Party congresses at their levels are in session, until the new standing committees are elected.

Article 28 A prefectural Party committee, or an organization analogous to it, is the representative organ dispatched by a provincial or an autonomous regional Party committee to a prefecture covering several counties, autonomous counties or cities. It exercises leadership over the work in the given region as authorized by the provincial or autonomous regional Party committee.

Chapter V

Primary Organizations of the Party

Article 29 Primary Party organizations are formed in enterprises, rural areas, government departments, schools, scientific research institutes, communities, mass organizations, intermediaries, companies of the People's Liberation Army and other basic units, where there are at least three full Party members.

In primary organizations, primary Party committees and committees of general Party branches or Party branches are set up as the work requires and according to the number of Party members, subject to approval by the higher Party organizations. A primary Party committee is elected by a general membership meeting or a delegate meeting. The committee of a general Party branch or a Party branch is elected by a general membership meeting.

Article 30 A Primary Party committee is elected for a term of three to five years, while a general Party branch committee or a Party branch committee is elected for a term of two or three years. Results of the election of a secretary and deputy secretaries by a primary Party committee, general branch committee or branch committee shall be reported to the higher Party organizations for approval.

Article 31 The primary Party organizations are militant bastions of the Party in the basic units of society, where all the Party's work proceeds and they serve as the foundation of its fighting capacity. Their main tasks are:

(1) To disseminate and carry out the Party's line, principles and policies, the decisions of the Central Committee of the Party and other higher Party organizations, and their own decisions; to give full play to the exemplary, vanguard role of Party members, and to unite and organize the cadres and the rank of file inside and outside the Party to fulfill the tasks of their own units.

(2) To organize Party members to conscientiously study Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Party's line, principles, policies and decisions, acquire essential knowledge concerning the Party and obtain general, scientific and professional knowledge.

(3) To educate and supervise Party members, raise the overall quality of the Party membership, cultivate their Party spirit, ensure their regular participation in the activities of the Party organizations, make criticism and self-criticism, maintain and observe Party discipline, see that Party members truly fulfill their duties and protect their rights from encroachment.

(4) To maintain close ties with the masses, constantly seek their criticisms and opinions regarding Party members and the Party's work, safeguard the legitimate rights and interests of the masses and do effective ideological and political work among them.

(5) To give full scope to the initiative and creativeness of Party members and the masses and to discover, nurture and recommend fine, talented people from among Party members and the masses and encourage them to contribute their skills and learning to the reform, opening up and the socialist modernization drive.

(6) To educate and train the activists who apply for Party membership, attend to the routine work concerning the recruitment of new members and attach great importance to recruiting Party members from among those in the forefront of production and work and from among young people.

(7) To see to it that Party and non-Party cadres strictly observe the law and administrative discipline and the financial and economic statutes and personnel regulations of the state and that none of them infringe on the interests of the state, the collective or the masses.

(8) To encourage Party members and the masses to conscientiously resist unhealthy practices and wage resolute struggles against all illegal and criminal activities.

Article 32 The primary Party committees in communities, townships and towns and the Party organizations in villages and communities provide leadership for the work in their localities and assist administrative departments, economic institutions and self-governing mass organizations in fully exercising their functions and powers.

In a state-owned or collective enterprise, the primary Party organization acts as the political nucleus and works for the operation of the enterprise. The primary Party organization guarantees and supervises the implementation of the principles and policies of the Party and the state in its own enterprise and backs the meeting of shareholders, board of directors, board of supervisors and manager (factory director) in the exercise of their functions and powers according to law. It relies wholeheartedly on the workers and office staff, supports the work of the congresses of representatives of workers and office staff and participates in making final decisions on major questions in the enterprise. It works to improve its own organization and provides leadership over ideological and political work, efforts for cultural and ethical progress and the trade unions, the Communist Youth League and other mass organizations.

In a non-public economic institution, the primary Party organization carries out the Party's principles and policies, provides guidance to and supervises the enterprise in observing the laws and regulations of the state, exercises leadership over the trade union, the Communist Youth League organization and other mass organizations, rallies the workers and office staff around it, safeguards the legitimate rights and interests of all quarters and stimulates the healthy development of the enterprise.

In an institution where the administrative leaders assume full responsibility, the primary Party organization acts as the political nucleus. In an institution where the administrative leaders assume full responsibility under the leadership of the Party committee, the primary Party organization discusses and decides on major issues and at the same time ensures that the administrative leaders are able to fully exercise their functions and powers.

In offices of the Party or the state at all levels, the primary Party organizations assist the chief administrators in fulfilling their tasks and improving their work. They exercise supervision over all Party members, including the chief administrators who are Party members, but do not direct the work of their units.

Chapter VI

Party Cadres

Article 33 Party cadres are the backbone of the Party's cause and public servants of the people. The Party selects its cadres according to the principle that they should possess both political integrity and professional competence, adheres to the practice of appointing people on their merits and opposes favoritism; it exerts genuine efforts to make the ranks of the cadres more revolutionary, younger in average age, better educated and more professionally competent.

The Party attaches great importance to education, training, selection and assessment of cadres, especially to the training and selection of outstanding young cadres. The Party actively promotes the reform of the cadre system.

The Party attaches great importance to the training and promotion of women cadres and cadres from among the ethnic minorities.

Article 34 Leading Party cadres at all levels must show exemplary performance in carrying out their duties as Party members prescribed in Article 3 of this Constitution and must meet the following basic requirements:

(1) Know Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory well enough to perform their duties, earnestly put the important thought of Three Represents into practice, try hard to analyze and solve practical problems with the stand, viewpoint and methods of Marxism, keep stressing study, political awareness and integrity, and be able to stand the test of all trials and tribulations.

(2) Have the grand ideal of communism and firm conviction in socialism with Chinese characteristics, firmly implement the Party's basic line, principles and policies, be determined to carry out the reform and opening to the outside world, devote themselves to the cause of modernization and work hard to start undertakings and make solid achievements in socialist construction.

(3) Persist in emancipating their minds, seeking truth from facts, keeping pace with the times and blazing new trails in a pioneering spirit; conduct earnest investigations and studies so as to be able to integrate the Party's principles and policies with the actual conditions in their localities or departments and work efficiently; tell the truth, do practical work, seek tangible results and oppose formalism.

(4) Be fervently dedicated to the revolutionary cause and imbued with a strong sense of political responsibility, have practical experience, and be qualified for leading posts in organizational ability, general education and vocational knowledge.

(5) Properly exercise the power invested in them by the people, handle matters according to law, be upright and clean and work diligently for the people, set an example by their own actions, work hard and live simply, maintain close ties with the masses, uphold the Party's mass line, conscientiously accept the criticism and supervision of the Party and the masses, exercise self-respect, self-examination, self-caution and self-motivation, combat bureaucratism, and fight against malpractices such as abuse of power for personal gain.

(6) Uphold the Party's system of democratic centralism, maintain a democratic style of work, take the overall situation into consideration, and be good at uniting and working with other comrades, including those who hold differing opinions.

Article 35 Party cadres should be able to cooperate with non-Party cadres, respect them and be open-minded in learning from their strong points.

Party organizations at all levels must be good at discovering and recommending talented non-Party cadres with practical learning for leading posts, and ensure that the latter enjoy authority commensurate with their posts and can fully play their roles.

Article 36 Leading Party cadres at all levels, whether elected through democratic procedure or appointed by a leading body, are not entitled to lifelong tenure, and they can be transferred from or relieved of their posts.

Cadres no longer fit to continue working due to old age or poor health should retire according to the regulations of the state.

Chapter VII

Party Discipline

Article 37 Party discipline refers to the rules of conduct that must be observed by Party organizations at all levels and by all Party members. It is the guarantee that the unity and solidarity of the Party are safeguarded and that the tasks of the Party are accomplished. Party organizations must strictly observe and maintain Party discipline. A Communist Party member must conscientiously act within the bounds of Party discipline.

Article 38 Party organizations should criticize, educate or take disciplinary measures against members who violate Party discipline, depending on the nature and seriousness of their mistakes and in the spirit of "learning from past mistakes to avoid future ones, and curing the sickness to save the patient".

Party members who have seriously violated criminal law shall be expelled from the Party.

It is strictly forbidden in the Party to take any measures against a member that contravene the Party Constitution or the laws of the state, or to retaliate against or frame a member. Any offending organization or individual must be dealt with according to Party discipline and the laws of the state.

Article 39 There are five measures for enforcing Party discipline: warning, serious warning, removal from Party posts, probation within the Party, and expulsion from the Party.

The period for which a Party member is placed on probation shall not exceed two years. During that period, the Party member concerned has no right to participate in voting or elections or stand for election. A Party member who during that time truly rectifies his mistake shall have his rights as a Party member restored. Party members who refuse to mend their ways shall be expelled from the Party.

Expulsion is the ultimate Party disciplinary measure. In deciding on or approving an expulsion, Party organizations at all levels should study all the relevant facts and opinions and exercise extreme caution.

Article 40 Any disciplinary measure to be taken against a Party member must be discussed and decided on at a general membership meeting of the Party branch concerned, and reported to the primary Party committee concerned for approval. If the case is relatively important or complicated, or involves the expulsion of a member, it shall be reported to a Party commission for discipline inspection at or above the county level for examination and approval, in accordance with the specific situation. Under special circumstances, a Party committee or a commission for discipline inspection at or above the county level has the authority to decide directly on disciplinary measures to be taken against a Party member.

Any decision to remove a member or alternate member of the Central Committee or a local committee at any level from his posts within the Party, to place such a person on probation within the Party or to expel him from the Party must be approved by a two-thirds majority vote at a plenary meeting of the Party committee to which he belongs. In special circumstances, the decision may be taken first by the Standing Committee of the Political Bureau of the Central Committee or the standing committee of a local Party committee, pending confirmation at the plenary meeting of the Party committee. Such a disciplinary measure against a member or alternate member of a local Party committee is subject to approval by the higher Party committee.

A member or alternate member of the Central Committee who has seriously violated the criminal law shall be expelled from the Party on decision by the Political Bureau of the Central Committee; a member or alternate member of a local Party committee who has seriously violated criminal law shall be expelled from the Party on decision by the standing committee of the Party committee at the corresponding level.

Article 41 When a Party organization is deciding on a disciplinary measure against a Party member, it should investigate and verify the facts in an objective way. The Party member in question must be informed of a decision regarding any disciplinary measure to be taken and of the facts on which it is based. The person concerned must be given a chance to account for himself and speak in his own defense. If the member does not accept the decision, he can appeal, and the Party organization concerned must promptly deal with or forward his appeal, and must not withhold or suppress it. Those who cling to erroneous views and unjustifiable demands shall be educated by criticism.

Article 42 If a Party organization fails to uphold Party discipline, it must be investigated.

In case a Party organization seriously violates Party discipline and is unable to rectify the mistake on its own, the next higher Party committee should, after verifying the facts and considering the seriousness of the case, decide on the reorganization or dissolution of the organization, report the decision to the Party committee at the next higher level for examination and approval, and then formally announce and carry out the decision.

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 decisions 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 supervise 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 to 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.

Chapter IX

Leading Party Members' Groups

Article 46 A leading Party members' group may be formed in the leading body of a central or local state organ, people's organization, economic or cultural institution or other non-Party unit. The group plays the role of the core of leadership. Its main tasks are: to see to it that the Party's line, principles and policies are implemented, to discuss and decide on matters of major importance in its unit, to do well in managing affairs concerning cadres, to unite with the non-Party cadres and the masses in fulfilling the tasks assigned by the Party and the state and to guide the work of the Party organization of the unit and those directly under it.

Article 47 The composition of a leading Party members' group is decided by the Party organization that approves its establishment. The group shall have a secretary and, if necessary, deputy secretaries.

A leading Party members' group must accept the leadership of the Party organization that approves its establishment.

Article 48 Party committees may be set up in state organs which exercise centralized leadership over their subordinate units. The Central Committee of the Party shall provide the specific procedure for their establishment and define their functions, powers and tasks.

Chapter X

Relationship Between the Party and the Communist Youth League

Article 49 The Communist Youth League of China is a mass organization of advanced young people under the leadership of the Communist Party of China; it is a school where a large number of young people learn about socialism with Chinese characteristics and about communism through practice; it is the Party's assistant and reserve force. The Central Committee of the Communist Youth League functions under the leadership of the Central Committee of the Party. The local chapters of the Communist Youth League are under the leadership of the Party committees at the corresponding levels and of the higher organizations of the League itself.

Article 50 Party committees at all levels must strengthen their leadership over the Communist Youth League organizations and pay attention to selecting and training League cadres. The Party must firmly support the Communist Youth League in the lively and creative performance of its work to suit the characteristics and needs of young people, and give full play to the League's role as a shock force and as a bridge linking the Party with great numbers of young people.

Those secretaries of League committees at or below the county level or in enterprises and institutions who are Party members may attend meetings of Party committees at the corresponding levels and meetings of their standing committees as non-voting participants.

Chapter XI

Party Emblem and Flag

Article 51 The emblem of the Communist Party of China is a design of sickle and hammer.

Article 52 The flag of the Communist Party of China is a red flag highlighted by a golden Party emblem on it.

Article 53 The Party emblem and flag are the symbol and sign of the Communist Party of China. Party organizations at all levels and all Party members shall safeguard the sanctity of the Party emblem and flag. Party emblems and flags should be made and used according to regulations.

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