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12.26.2014

Chinese Communist Party Regulations on enacting Party laws and regulations

Chinese Communist Party Regulations on enacting Party laws and regulations
Zhongfa [2012] no. 5 

Chapter 1. General Principles. 
Article 1. The present Regulations have been enacted on the basis of the Statute of the Chinese Communist Party in order to standardize the work of enacting Party laws and regulations, establish and perfect the system of Party laws and regulations, raise the level of scientific construction of the Party. 
Article 2. Party laws and regulations is the general name for the system of internal Party laws and regulations enacted by the central organizations of the Party and the Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government to standardize the work and activities of Party organizations, and the conduct of Party members. 
The Party Statute is the most basic among Party laws and regulations. It is the cornerstone and basis on which other Party laws and regulations are enacted. 
Article 3. Party laws and regulations enacted by the central organizations of the Party are called central Party laws and regulations. The following matters shall be regulated by central Party laws and regulations:
(1) the nature and aims, line and general program, guiding ideology and objectives of the struggle of the Party;
(2) the election, composition and powers of Party organizations at all levels;
(3) the basic system of duties and rights of Party members;
(4) the basic work systems of each aspect of Party work;
(5) major matters involving the Party;
(6) other matters that shall be regulated by central Party laws and regulations.
The Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government enact Party laws and regulations on relevant matters within the scope of their functions and powers. 
Article 4. The names for Party laws and regulations are Party statute, standards, regulations, rules, provisions, measures, detailed rules. 
The Party statute makes basic provisions on the nature and aims, line and general program, guiding ideology and objectives of the struggle of the Party, its organizational principles and organizational structure, the duties and rights of Party members and Party discipline. 
Standards makes basic provisions on the political life of the Party, its organizational life and the conduct of Party members. 
Regulations make overall provisions on major concerns of the Party within a certain field or on major work in a certain area. 
Rules, provisions, measures and detailed rules make concrete provisions on the Party's major work in a certain area, or on other matters.
Party laws and regulations enacted by the Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government are named rules, provisions, measures, detailed rules. 
Article 5. The content of Party laws and regulations shall be formulated using articles, differently from regulatory documents such as resolutions, decisions, opinions and notices, which normally are not divided into articles. 
Article 6. The enactment of Party laws and regulations takes place under the unified leadership of the Centre. The daily work of enacting Party laws and regulations falls under the responsibility of the Central Secretariat. 
The Central General Office is responsible for the coordinating the enactment of Party laws and regulations; its agency for regulatory work is responsible for specific duties. 
The Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government are responsible for the enactment of Party laws and regulations within the scope of their functions and powers, and their agencies for regulatory work are responsible for specific duties. 
Article 7. The enactment of Party laws and regulations shall abide by the following principles: 
(1) start from the developmental needs of the cause of the Party and from the realities of Party building;
(2) implement the Party's theory and line, principles and policies taking the Party Statute os the fundamental basis;
(3) comply with provisions that the Party must conduct its activities within the scope of the [State] Constitution and the law;
(4) meet the needs of scientific governance, democratic governance, governance on the basis of the law; 
(5) advance the institutionalization, regulatization, proceduralization of Party construction;
(6) uphold democratic centralism, give full play to inner-Party democracy, safeguard the unity of the Party;
(7) safeguard the unity and authoritativeness of the system of Party laws and regulations;
(8) privilege ease of use and avoid complexity and redundancies. 
Chapter 2. Medium-term and short-term planning
Article 8. Enactment of Party laws and regulations shall take place in a coordinate[d way], by scientifically compiling five-years plans and yearly operational plans, give prominence to the focal points, comprehensively advance and gradually construct a coordinated, procedurally tight, complete and effective system of Party laws and regulations. 
Article 9. Five-years plans for the enactment of central Party laws and regulations are discussed by the General Office of the Central Secretariat and reported by the Centre for examination and approval, after the Central General Office has collated proposals raised by the Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government and broadly solicited opinions. 
Yearly plans for the enactment of Party laws and regulations are compiled by the Central General Office and reported to the Centre after the [Central General Office] has collated proposals about the next year, that the Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government raise by the end of each year. 
Article 10. Drafting proposals raised by the Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government shall include the title of Party laws and regulations, the need of their issuance, the time of submission, the drafting unit. 
Article 11. The Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government may, according to their functions and powers and actual needs, compile medium-term and short-terms plans for Party laws and regulations in their respective functional system or area. 
Article 12. During the implementation of medium-term and short-term plans are the enactment of Party laws and regulations may undergo a readjustment on the basis of actual circumstances. 
Chapter 3. Drafting. 
Article 13. Central Party laws and regulations are drafted by the Central Commission for Discipline Inspection and all central departments according to their content. Comprehensive Party laws and regulations are drafted by the Central Commission for Discipline Inspection or relevant central departments acting under the coordination of the Central General Office, or by a dedicated drafting group.  
The Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government organize the drafting of the Party laws and regulations to be enacted by them. 
Article 14. Draft Party laws and regulations shall include the following contents:
(1) title;
(2) purpose and basis of enactment;
(3) scope of applicability;
(4) concrete specifications;
(5) institution responsible for their explanation
(6) date of effect. 
Article 15. The direction of Party laws and regulations shall be correct, their meaning clear, their logic tight, their descriptions precise, standardized, concise and operationalizable. 
Article 16. Party laws and regulations shall be drafted [after] deep investigation and research; a full grasp of the actual circumstances; a conscientious summary of historical experience and new practical experience; a full understanding of the opinions and proposals of Party organizations at each level and the broad majority of Party members. When necessary investigation and research may be conducted by drawing on the participation of relevant experts and academics or be delegated to a specialized institution. 
Article 17. Departments and units drafting Party laws and regulations shall reach unanimity through consultation with the relevant departments and units, where items within their scope of work are affected. Where unanimity is not achieved, an explanation of the relevant circumstances shall be provided upon filing the draft Party laws and regulations. 
Article 18. Draft Party laws and regulations shall be coherent with Party laws and regulations  in effect. Where it is necessary to enact a rule on a matter, and the rule is not unanimous with Party laws and regulations which are in effect, the draft shall make provisions on the repeal or on the application of Party laws and regulations in effect and an explanation of the circumstance and a motivation shall be provided upon filing the draft Party laws and regulations. 
Article 19. Opinions shall be broadly solicited upon draft Party laws and regulations. The scope of opinion solicitation shall be determined on the basis of the substantive content of draft Party laws and regulations. Where necessary opinions may be solicited from within the entire Party. In soliciting opinions, attention shall be paid to listening to the views of delegates to Party congresses and of relevant experts and academics. Where draft Party laws and regulations are closely related to the personal interest of the masses, the opinion of the masses shall be solicited. 
Opinions may be solicited in written form, or through such methods as symposia, discussions, internet consultation. 
Article 20. Where the drafting departments and units file draft Party laws and regulations to the institution responsible for their examination and approval, they shall at the same time enact an explanation of the draft. The explanation of the draft shall include [information about] the necessity to enact the Party rule, its main content, the status of opinion solicitation, the circumstance of consultation with relevant departments and units. 
Chapter 4. Approval and issuance 
Article 21. Where the institution responsible for examination and approval receives the draft Party law, it shall transmit it to its agency responsible for legal work.  The content to be audited shall be as follows:
(1) whether it  contradicts the Party Statute and the Party theory, line, principles and policies;
(2) whether it is in line with the Constitution and the law;
(3) whether it contradicts Party laws and regulations at the higher level;
(4) whether it conflicts with provisions on the same matter made by Party laws and regulations at the same level;
(5) whether the important policy measures concerned have been discussed with relevant departments and units;
(6) whether it conforms to regulatory powers and procedure.  
Where problems exist in draft Party laws and regulations, the audit agency may raise an amendment opinion with the drafting departments and units. Where the drafting departments and units do not accept the amendment opinion, the audit agency may raise a relevant opinion with the institution responsible for examination and approval on amending [the draft rules], postponing or withdrawing the matter. 
Article 22. The esamination and approval of Party laws and regulations is conducted in accordance with the following functions and powers: 
(1) Party laws and regulations on the election, composition and the functions and powers of Central organizations and the Central Commission for Discipline Inspection, as well as Party laws and regulations on major matters shall be examined and approved by the Party's National Congress;
(2)  Party laws and regulations on the election, composition and the functions and powers of local and basic party organizations; Party laws and regulations on the basic system of rights and duties of Party members as well as Party laws and regulations on the Party's  basic system of work in each area shall be examined and approved by a plenary session of the Party's Central Committee, a meeting of the Political Office or a meeting of the Standing Committee of the Political Office. 
(3) Other Party laws and regulations issued by the Centre shall be examined and approved by a meeting of the Standing Committee of the Political Office, or filed for approval according to the statutory procedure and the circumstances; 
(4) Party laws and regulations  issued by the Central Commission for Discipline Inspection and all central departments shall be examined and approved by the Central Commission for Discipline Inspection and by all central departments.
(5) Party laws and regulations issued by  the Party committees of provinces, autonomous regions, municipalities directly under the Central Government shall be examined and approved by the Party committees of provinces, autonomous regions, municipalities directly under the Central Government. 
Article 23. Draft Party laws and regulations that have been examined and approved shall be reported for issuance according to statutory procedures after the agency responsible for regulatory work has checked their text.
Party laws and regulations are issued in the form of document of the Central Committee of the Chinese Communist Party; document of the General Office of the Central Committee of the Chinese Communist Party; document of the Central Commission for Discipline inspection; document of all central departments and document of  the Party committees of provinces, autonomous regions, municipalities directly under the Central Government; document of the General Office of party committees. 
Party laws and regulations that have been approved shall be issued publicly. 
Article 24. Party laws and regulations that are pressingly needed for practical work but are not yet mature may be enacted on a trial basis and issued again after they have been perfected through practice. 
Chapter 5. Applicability and explanation.
Article 25. The Party Statute has the highest legal force of all Party laws and regulations. Any  other Party laws and regulations must not conflict with the Party statute. 
The legal force of Central Party laws and regulations is higher than the legal force of Party laws and regulations enacted by the Central Commission for Discipline Inspection, all central departments and Party committees of provinces, autonomous regions, municipalities directly under the Central Government. 
Party laws and regulations enacted by the Party committees of provinces, autonomous regions, municipalities directly under the Central Government must not conflict with Party laws and regulations enacted by the Central Commission for Discipline Inspection, and all central departments. 
Article 26. Where the general part and special part of a Party law or regulation enacted by the same institution differ, the special part shall be applied. Where an older rule and a newer rule differ, the newer rule shall apply. 
Article 27. Where rules enacted by the Central Commission for Discipline Inspection and central departments on the same matter differ, the matter shall be dealt with by the Centre. 
Article 28. Where Party laws and regulations enacted by the Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government display one of the following, they shall be corrected or repealed by the Centre:
(1) contradicting the Party Statute and the Party theory, line, principles and policies;
(2) differing from the Constitution and the law;
(3) contradicting central Party laws and regulations. 
Article 29. The work of explaining Central Party laws and regulations is the responsibility of the institution designated for interpretation. Central Party laws and regulations issued before the present Regulations went into effect shall, where no explicit provisions on the institution responsible for their interpretation are made, be explained by the Centre following a request for instruction by the Central General Office. 
Party laws and regulations enacted by the Central Commission for Discipline Inspection by all Central departments and by the Party committees of provinces, autonomous regions, municipalities directly under the Central Government are explained by the issuing organ. 
Explanations of Party laws and regulations have the same effectiveness as Party laws and regulations.  
Chapter 6. Filing, clearance and evaluation
Article 30. Party laws and regulations enacted by the Central Commission for Discipline Inspection by all Central departments and by the Party committees of provinces, autonomous regions, municipalities directly under the Central Government shall be filed with the Centre within 30 days of their issuance.  Filing work is undertaken by the Central General Office. Substantive measures on filing are to be determined by the Central General Office. 
Article 31. Institutions enacting Party laws and regulations shall perform a clearance of Party laws and regulations at an appropriate time, and adopt appropriate measures towards relevant Party laws and regulations, such as amending or vacating them, in accordance with the circumstances of their clearance. 
Article 32. Institutions enacting Party laws and regulations, drafting departments and units may may, according to their functions and powers, conduct an evaluation of the enforcement status and implementation results of Party laws and regulations. 
Chapter 7. Other provisions
Article 33. The present Regulations apply to the amendment and repeal of Party laws and regulations. 
Amendments of the Party Statute are governed by provisions in the Party statute.  
Article 34. The Central Military Commission and its General Political Department enact army Party laws and regulations in accordance with the basic spirit of the present Regulations
Article 35. The Central General Office is responsible for interpreting the present Regulations. 

Article 36. These Regulations shall take effect from the date of their issuance. The Chinese Communist Party Provisional Regulations on the Enactment of Party laws and regulations, printed and distributed by the Centre on 31 July 1990 shall be repealed at the same time.