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1.31.2015

A short note on Larry Catà Backer's theory of the Chinese constitutional order

A short note on Larry Catà Backer's theory of the Chinese constitutional order

Rex regnat et non gubernat

Effigy of King Henry IV
In his articles "The Party as a Polity" and "Party, People, Government and State", Penn State's Larry Catà Backer  – a distinguished constitutionalist – challenges the consensus of Western studies of Chinese constitutionalism by asking the seemingly innocent question of whether Marxist-Leninist systems in which the state apparatus is placed under the authority of a communist party are constitutionally legitimate. 

He answers the question in the affirmative, by constructing a theory where the “whole of the Chinese constitutional order”  is a dual apparatus composed by the Statute of the Chinese Communist Party (CCP) and the State Constitution. While the Statute of the CCP bestows political power on the Chinese Communist Party, the State Constitution elects the government as the site of administrative power. Situating the CCP at the very core of China's constitutional system rather than outside of it - as it is normally done in China studies – has important implications for the constitutional legitimacy of CCP regulatory documents. Under the construct of a Party-State Constitutionalism, these enjoy a legal force perhaps higher than the force of state law, therefore institutions as shuanggui (the notorious detention system for errant Party members) are constitutionally sound.

This theory will hardly shock those who have been socialised in contexts where loyalty to both canon law and secular law is required, but its claims have scandalised many in the Western academia. Some have rejected the theory in its entirety, while others have accepted its descriptive component but repudiated its normative part. My goal in writing this post is performing an intellectual exercise, therefore I will not set out to dismantle the theory of Party-State Constitutionalism, but sketch out a possible strategy to do so. 

Those attempting to negate the theory of Party-State Constitutionalism may take the predictible road of attacking its claims about shuanggui, the CCP Statute or the concept of endogenous democracy. Following this strategy however means placing oneself in a cul-de-sac. The theory includes heavy doses of CCP ideology which, exactly as the 'guiding ideology' of any other variation of Marxism-Leninism, is premised on an Hegelian logical model. This model works by resolving any contradiction at a higher level of truth. Therefore, observations hat shuanggui causes significant legal problems, that endogenous democracy is a misnomer for dictatorship etc. would invite the response that the theory has been misunderstood, and provoke an explanation of how the theory's logical structure is sufficient to solve the various oxymorons and contradictions interspersed in the 2009 and 2012 article as well as in more recent ones. More than being a failure to address objections to the theory, such a response would testify to the ineffectiveness of any criticism that used concepts drawn from liberal-democratic ideologies.

A more viable move to challenge the theory of Chinese Party-State Constitutionalism has to start from somewhere else. The theory of Chinese Party-State Constitutionalism is not an autonomous theory, but the application of a taxonomy (thetaxonomy of constitutionalism) to a specific political-institutional context. Those who have an interest in advocating for the superiority of one value system over the others –- and who do not realise how by merely conceiving this idea they have reacted exactly as the taxonomy predicts –- may want to attack the taxonomy itself. Proving that the taxonomy does not reach its goals is sufficient to take the ground from under the theory of Chinese Party-State Constitutionalism.

The goals of any taxonomy are identifying, classifying and describing entities, regardless of whether these entities are plants, animals or constitutions. All of us would accept without question the observation that the Agave family and the Aloe Family are two different families of succulent plants. Arguments that only plants belonging to the Agave family are plants, while those belonging to the Aloe family are stones would be dismissed with a laughter, exactly as arguments that Agave is a plant while Aloe is a non-plant, a quasi-plant, an aberrant plant etc. Backer's Constitutionalism Framework stands to constitutions exactly as in botanical taxonomy orders of plants stand to various families of plants. The meta-ideology of constitutionalism is a “means of evaluating the form, substance and legitimacy“ (106) of constitutions:

a system of classification the core object of which is to define the characteristics of constitutions (those documents organizing political power within an institutional apparatus) to be used to determine the legitimacy of the constitutional system as conceived or as implemented, based on rule of law as the fundamental postulate of government (that government be established and operated in a way that limits the ability of individuals to use government power for personal welfare maximizing ends), and grounded on a metric of substantive values derived from a source beyond the control of any individual” (110)

For ease of classification, constitutions can be grouped in five frameworks: transnational, natural law, theocratic, rationalist, Marxist-Leninist.

While Agave is just what it is and it grows because it grows, making botanical taxonomies largely uncontroversial, not the same can be said of constitutional taxonomies. Constitutional documents express the value systems upon which state-like (here) political communities are built. As each one of us is born in a political community, these value systems will contribute to shaping our beliefs. These beliefs in turn will color our moral judgment of constitutions belonging to a framework other than our own. Once we move down from the meta-theoretical plane to the plane of national constitutions and, below them, to the individual plane we will find out how individuals who have been socialised into any family of constitutions will likely reject constitutions belonging to any other constitutional family. This is an important predictive implication of the Constitutionalism Framework. Such a taxonomical approach to the study of constitutions is not immune from difficulties, however.

The Constitutionalism Framework yields the prediction that all those who have been socialised in a polity belonging to any given constitutional family will negate the legitimacy of any other constitutional family. More specifically, any individual socialised in the United States will negate that the Constitution of the People's Republic of China (PRC) deserves legitimacy. Any attempt to deny that the CCP Statute, the Constitution of the PRC or both are indeed legitimate constitutions would accord with the Constitutionalism Framework and prove its predictive power. Critics of the constitutionalism framework can easily put themselves in the predicament whereby their denial of the moral and legal legitimacy of the Chinese Constitution does nothing but affirm the very theory they do not accept. To pose a challenge to the theory, they would have to adopt the opposite position, whereby the Chinese constitution is as legitimate as any other constitutional document. A predictive difficulty to the theory can instead be posed by any instance of an individual socialised outside of a Marxist-Leninist system who affirmed the legitimacy of the Party-State Constitution. However weak this objection, responses that individuals can choose their own philosophies and values sytems would come dangerously close to admitting that a free will exists. This admission may not be entirely compatible with the Nietzschean undertones of the Constitutionalism Framework.

Under the Constitutionalism Framework families of constitutions are “incompatible and aggressively competitive”. Incompatibility and competitiveness work in two distinct ways. As a descriptive component, they specify how families of constitutions interact with each other. As predicates, they are the two necessary conditions that allow to group constitutions under the different frameworks of transnationalism, natural law, theocracy etc. In other words, these predicates are two building blocks of Backer's constitutional taxonomy. A third pillar is the quality of state-likeness of a political community, which makes the framework flexible enough to include, among others, de facto sovereign states (such as the Republic of China, also known as Taiwan) in the Constitutionalism Framework.

The Constitutionalism Framework does not specify whether there needs to be compatibility and uncompetitiveness among constitutions that belong to the same variant of constitutionalism, but we can safely assume that this is the case. If any two or more constitutions within the liberal family were based on incompatible value-systems they could no longer be grouped under the same family, and one could not reason about variants of constitutionalism, but merely about a collection of isolated constitutions. Given how competition among constitutional families is motivated by an incompatibility of substantive values, it follows that competition cannot exist within the same constitutional family. If competition existed between two or more constitutions, it would be motivated by the fact that constitutions express different substantive values and if this were the case we could not include them under the same family.

The Constitutionalism Framework has been designed as a meta-ideological device and while it has an extraordinary explanatory power at the meta-level, it is still possible to hypothesize a case this framework cannot account for. This hypothetical case would see the existence, within the Marxist-Leninist family, of two parties organized along Leninist lines, which share the same ideology and the same metric of substantive values. One would not expect either party to adhere to classical Marxism-Leninism, but the statute of each party should at least claim to profess a version of Marxism-Leninism that has been adapted to its historical and cultural context. Both parties would have to be the locus of supreme political power within their respective political community, delegate administrative power to their state apparata and – these are fundamental conditions – claim the superiority of their own variant of Leftist ideology, trying to wield sovereign power over the same territory and the same people.


As hypothetical as this case may be, the prevailing orientation of China studies still precludes the making of this or a similar challenge to the Constitutionalism Framework or to the theory of Party-State Constitutionalism. 

1.29.2015

Notice on reporting statistical data on the circumstances of Party cadres abnormal deaths


Notice on reporting statistical data on the circumstances of Party cadres abnormal deaths



To all townships (residential districts) Party Committees (Work Committees), to units above the level of units directly controlled by prefectures and ministerial bureaus:

According to the spirit of the Notice by the Organisation Department of the Shantou Party Committee, please compile a statistical summary of the circumstances of abnormal deaths of Party cadres that have occurred in your area and your unit since the 18th Congress, fill out the "Statistical Form on the circumstances of Party cadres abnormal deaths since the 18th Congress" (see the attached form), and send it (in a hard copy and a soft copy) to our Department's Cadre Supervision Section by 12 January 2015.

Organisation Department of Chenghai District, Shantou MunicipalParty Committee. 

8 January 2015. 

Chenghai District Statistical Form on the circumstances of Party cadres abnormal deaths since the 18th Congress.



Instructions to fill out the form

1. "Since the 18th Congress" refers to the period between December 2012 and December 2014.

2. The objects of statistics include Party Cadres of rural villages (urban communities), Party cadres who are employed or who have retired and who have died abnormally, as well as Party cadres who are employed and who have died of an acute illness.

3. “Abnormal death” refers to deaths caused by suicide, homicide, work accidents, road accidents, medical accidents, fires and other accidents, or execution of the death penalty. 

4. “Age” refers to age at the time of the abnormal death. 

5. “Professional rank”. Please tick one of the six boxes: "Province or ministry, prefecture or sub-bureau, county or division, township or section, ordinary cadre." If they had an administrative rank when the organisation and personnel department appointed them, staff of enterprises are to be included, otherwise choose "other staff". 

6. “Time of death”, fill out the year and month according to the format “X Month X Year”

7. “Reason of death”, fill out by ticking one among “suicide, homicide, other reason”. If "other reason" is chosen, it is necessary to provide an explanation in brackets after the box "other reasons". 

8. If the reason of death was suicide, the sections “place of suicide”, “method of suicide”, "circumstances of suicide” need to be filled out. If the death did not occur by suicide, this section need not be filled.

9. “Place of suicide”, please provide an explanation in brackets after “office building, residential building, hotel, discipline inspection case investigation facility, remand jail (kanshousuo), bridge, park, hospital, other”.

10. “Method of suicide”, please tick one among “by hanging, jumping from a building, jumping from a bridge, jumping in a river, slashing veins, lying on railway tracks, shooting, other. If "other" is chosen it is necessary to provide an explanation in brackets after the box "other". 

11 “Reason of suicide”, please choose one among the following seven: A. Suspected of discipline violations;B. Clinical depression or other psychopathological condition;C. Work pressure;D. Life pressure;E. Contradictions in the household;F. Reason of suicide unknown;G. Other. 
In this section if the boxes “A, B, C, D, E, F or G” ticked and if a  suicide occurred because of more reasons, more than one box may be ticked. If “G” is chosen an explanation in brackets must be provided after “G”. 

12. “Circumstance of investigation by relevant departments” refers to whether discipline inspection organs or procuratorates are conducting an investigation on the person, his family, his colleagues or other relevant persons. If so, please tick one of the following seven boxes:
A. Discipline Inspection Organs are investigating the person;B. Discipline Inspection Organs are investigating the person's family;C. Discipline Inspection Organs are investigating the person's colleagues or other relevant persons; D. The Procuratorate is investigating the person;E. The Procuratorate is investigating the person's family; F. The Procuratorate is investigating the person's colleagues or other relevant persons;G. Other. A multiple choice among “A, B, C, D, E, F, G” is possible. If “G” is chosen an explanation in brackets must be provided after “G” If no investigation is on-going, tick the box "No".

关于统计报送党员干部非正常死亡情况的通知
各镇(街道)党(工),区直局以上单位:
根据汕头市委组织部的通知精神,请对党的十八大以来本地本单位党员干部非正常死亡情况进行统计汇总,并认真填写《十八大以来党员干部非正常死亡情况统计表》(见附表),于112日前将统计结果(纸质和电子版)报送我部干部监督股。
中共汕头市澄海区委组织部
201518
附表:澄海区十八大以来党员干部非正常死亡情况统计表
填表说明
1、“十八大以来”是指201212月至201412月。
2、统计对象包括非正常死亡的村(社区)的党员干部、在职及离退休党员干部,以及突发疾病身亡的在职党员干部。
3、“非正常死亡”是指因自杀、他杀、工伤、交通事故、医疗事故、火灾等意外事故、死刑执行等原因导致的死亡。
4、“年龄”是指非正常死亡时的年龄。
5、“职级”请从“省部级、地厅级、县处级、乡科级、一般干部、其他人员”六项中选择填报。对于企业人员,如果组织人事部门在任命时明确有行政级别的,按其行政级别填写,其他的均按“其他人员”填报。
6、“死亡时间”填写年月即可,按“XX月”的格式填报。
7、“死亡原因”请从“自杀、他杀、其他原因”三项中选择填报,如选择“其他原因”,需在“其他原因”后加括号注明情况。
8、针对死亡原因为自杀的,需填报“自杀地点”、“自杀方式”等“自杀情况”部分。非自杀死亡的,该部分无需填写。
9、“自杀地点”请从“办公楼、住宅、宾馆、纪委办案点、看守所、桥上、公园、医院、其他地点”后加括号注明情况。
10、“自杀方式”请从“自缢、跳楼、跳桥、投河、割脉、卧轨、枪击、其他”等项目中选择填报,如属“其他”,请在“其他”后加括号注明情况。
11、“自杀原因”请从以下七项中选择填报“A、涉嫌违纪违法;B、患有抑郁症等精神疾病;C、工作压力大;D、生活压力大;E、家庭矛盾;F、自杀原因不明;G、其他原因。此项选择“ABCDEFG”等字母序号填报即可,如因多种原因自杀,可多项选择。如选择“G”,需在“G”后加括号注明情况。
12、“有关部门介入调查情况”是指自杀时纪检监察机关、检察机关有无对其本人、其家属、其同事或相关人员开展调查。如有,请从以下七项中选择填报:A、纪检监察机关正在对其本人开展调查;B、纪检监察机关正在对其家属开展调查;C、纪检监察机关正在对其同事或相关人员开展调查;D、检察机关正在对其本人开展调查;E、检察机关正在对其家属开展调查;F、检察机关正在对其同事或相关人员开展调查;G、其他。此项选择“ABCDEFG”等字母序号填报即可。如选择“G”,需在“G”后加括号注明情况。如没有,填写“无”
Source:  http://news.ifeng.com/a/20150129/43049406_0.shtml


1.27.2015

Provisions on Further Strengthening Cadre Management at Cadres Education and Training Institutions

Provisions of the Central Organisation Department on Further Strengthening Cadre Management at Cadres Education and Training Institutions 
26 January 2015
The present provisions are made in accordance with the "Eight Provisions of the XVIII Politburo on improving the style of work and forging close links to the masses" and with the spirit of the "Detailed implementing provisions" of the Central General Office and the State Council, to improve the management of students and earnestly improve the atmosphere of cadres education and training.
1. Cadres who take part in education and training are ordinary students, regardless of their rank. They must maintain a proper attitude to study; be aware that they are students; strictly observe provisions on study and training, clean governance and self-discipline; focus their energy on studying; conscientiously fulfill their training duties. Cadres management departments and cadres education and training institutions must pose concrete requests to cadres who take part in training.
2. During their period of study cadres must live in student dormitories and eat at students canteens. Students, teachers and students must not use public funds to invite each other to dinner.  Classes and groups must not treat themselves to banquets in the guise of collective activities. Students must not exit [school] to take part in any banquets and leisure activities which may affect the impartial execution of their official duties.  Students who violate [these] provisions will be treated as having left their studies
3. Those who organize students' participation to such activities as on-site teaching, field inspection and research are not allowed to use police cars to lead the way, to accept invitations to banquets, to accept souvenirs and special local products, to organise trips and recreational activities irrelevant to their studies. Where [these] provisions are violated, leaders responsible for the training institution and team leaders shall be prosecuted.
4. Students are not allowed to accept and give gifts, money, securities, payment certificates and special local products to each other, or to receive any courtesy visits in the name of official visits.  Students are not allowed to invite each other to travel in the name of students exchanges, visits, cross-inspections, collective research. Students who violate [these] provisions shall be summoned to an appointment and called to attention, receive a notice of criticism or be ordered to leave their studies. Where precious gifts, money, securities and payment certificates are accepted or given, a notice of criticism of relevant circumstances shall be sent to the department that manages the cadres and to their unit, and [cadres] shall be dealt with according to relevant provisions.
5. During their period of study cadres do not undertake work tasks for their unit, meetings or overseas inspection trips. Where they need to apply for leave due to special circumstances, leave application procedures shall be strictly followed. Where the cumulative leave period exceeds 1/7 of the period of studies, [students] shall be treated as having left their studies.  Those who leave their school without permission shall be ordered to leave their studies. 
6. Students must write their speeches, reports on their study experiences, research reports and theses by themselves. They are not allowed to hire ghost writers; they are not allowed to plagiarise the research results of third persons; they are not allowed to be "helped in their studies" by secretaries and other staff.   Students who violate [these] provisions shall, according to the circumstances, have their grades cancelled, receive a notice of criticism or be ordered to leave their studies.
7. During the period of study or training students must not leave officials cars on the school premises, and they must not use their units' or their own car to be "accompanied to school".  Students who violate [these] provisions shall receive a notice of criticism.
8. During the period of study and after completion of their courses (diplomas) students are not allowed to form "fraternities", they must not establish such organisations as fellows or alumni associations of any form; they must not  hold organised activities as convenors or contact person. They must not use their relationships with fellow students to seek facilitation or personal gain in connection to cadre appointments, personnel appointments, and their children's admission to school, employment, entrepreneurial activities. Students who violate [these] provisions shall be considered as having left their studies if they have acted as organisers, and receive a notice of criticism if they have acted as participants. Students who have completed their courses (diplomas) shall be severely dealt with by relevant departments.
9. Cadres education and training managing departments and training institutions must practice strict economies, run schools diligently and thriftily. They must not hold training classes at high grade hotels or scenic places. They must not  give top grade consumer goods and souvenirs. Using public funds to organise trips in the name of training is strictly prohibited. Where [these] provisions are violated, leading personnel of the organising unit shall be prosecuted.
Organisation and personnel departments, cadre education and training institutions, cadres units at all administrative levels must pay a high degree of attention, manage cadres at their respective level, be responsible for cadres in their area of work and earnestly fulfill the work of cadre management according to their respective duties and cadre management powers. Organisation and personnel departments must keep records of students' main performance during their period of study. Records must be kept in cadres personal dossiers and used as the main basis for  their appraisal, appointment and promotion. [Students] taking part to focal (zhongdian) training classes and sessions must be followed by a person appointed for such specific task. Cadres education and training institutions must perfect regulatory frameworks, tighten school regulations and school discipline, tighten teaching, pose strict demands on students and educate leading teachers, teachers who are in charge of a class and organisation staff to serve and manage students well. Cadres' units must support and encourage cadres participation in study and training, do not assign work tasks to them, do not send staff to visit them, and create the conditions to allow cadres to concentrate on studying.

All areas and all departments must research and suggest concrete measures to implement the present provisions according to reality, and earnestly implement them. The Central Organisation Department shall inspect implementation of the present Provisions in due course.
关于在干部教育培训中进一步加强学员管理的规定




为进一步加强学员管理、切实改进干部教育培训学风,按照《十八届中央政治局关于改进工作作风、密切联系群众的八项规定》及中央办公厅、国务院办公厅《实施细则》精神,结合干部教育培训工作实际,作出如下规定。

一、无论什么级别的干部参加学习培训都是普通学员,必须端正学习态度,树立学员意识,严格遵守学习培训和廉洁自律的各项规定,把精力主要放在学习上,认真完成培训任务。干部管理部门和干部教育培训机构要对参训干部提出具体要求。

二、干部在校学习期间,要住在学员宿舍,吃在学员食堂。学员之间、教员和学员之间不得用公款相互宴请。班级、小组不得以集体活动为名聚餐吃请。学员不得外出参加任何形式的可能影响公正执行公务的宴请和娱乐活动。对违反规定的学员予以退学处理。

三、组织学员外出进行现场教学、实地考察调研等活动时,不准警车带路,不接受宴请,一律吃自助餐或便餐,不收受纪念品和土特产,不安排与学习无关的旅游和娱乐活动。对违反规定的,追究培训机构有关领导和带队负责人的责任。

四、学员不准接受和赠送礼品、礼金、有价证券和支付凭证及土特产等,不得接待以探望为名的各种礼节性来访。学员之间不准以学习交流、对口走访、交叉考察、集体调研等名义互请旅游。对违反规定的学员,视情节轻重予以约谈提醒、通报批评或责令退学。对于接受和赠送贵重礼品、礼金、有价证券和支付凭证的,将有关情况通报干部主管部门和所在单位,按规定处理。

五、学员参加学习期间不再承担所在单位的工作、会议、出国(境)考察等任务。如因特殊情况确需请假的,必须严格履行请假手续。累计请假时间超过总学时1/7的,按退学处理。未经批准擅自离校的,责令退学。

六、学员必须自己动手撰写发言材料、学习体会、调研报告和论文等,不准请人代写,不准抄袭他人学习研究成果,不准秘书等工作人员“陪读”。对违反规定的学员,视情节轻重予以取消成绩、通报批评或责令退学。

七、学员学习培训期间,不得留公车驻校,不得借用其他单位和个人的车辆“伴读”。对违反规定的学员,予以通报批评。

八、学员在校期间及结(毕)业以后,一律不准以同学名义搞“小圈子”,不得成立任何形式的联谊会、同学会等组织,也不得确定召集人、联系人等开展有组织的活动。不得利用同学关系在干部任用和人事安排以及子女入学、就业、经商等方面相互提供方便、谋取私利。对违反规定的在校学员,牵头人予以退学处理,参与者予以通报批评;对结(毕)业后的学员,由有关部门严肃查处。

九、干部教育培训管理部门和培训机构要厉行节约、勤俭办学,不得在高档宾馆、风景名胜区举办培训班,不得超标准安排食宿,不得发放高档消费品和纪念品,严禁借培训之名搞公款旅游。对违反规定的,追究主办单位领导人员责任。

各级组织人事部门、干部教育培训机构和干部所在单位要高度重视,按照职责分工和干部管理权限,分级管理,分工负责,切实抓好学员管理工作。组织人事部门要将学员在校期间的主要表现记入个人档案,作为干部考核内容和任职、晋升的重要依据,对重点培训班次要派专人跟班。干部教育培训机构要完善规章制度,严格校规校纪,从紧安排教学,从严要求学员,教育引导教师、班主任、组织员等做好学员的服务和管理。干部所在单位要支持和鼓励干部参加学习培训,不安排工作,不派人看望,为干部集中精力搞好学习创造条件。

各地区各部门要结合实际,研究提出贯彻本规定的具体措施,切实抓好落实。中央组织部将适时检查本规定落实情况

1.26.2015

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1.22.2015

Xi Jinping issues major directives on political-legal work, stressing that political-legal work be planned with the overall economic and social development, and the heavy responsibilities of maintaining state security and social peace be fulfilled.


Xi Jinping issues major directives on political-legal work, stressing that political-legal work be planned with the overall economic and social development, and the heavy responsibilities of maintaining state security and social peace be fulfilled. 

20 January 20152 18:05:33 


Source: Xinhuawang 
A Work Conference of the Central Commission for Politics and Law was held on January 20 in Beijing. 
The General Secretary of the Central Committee of the Chinese Communist Party, President of the State, Chairman of the Central Military Commission Xi Jinping yesterday issued major directives on political-legal work, stressing that under the new situation the tasks of political-legal institutions are heavier, and the demands of the People's masses are higher, and hoping that national political-legal organs actively adapt to the new situation, be more proactive in their work, efficaciously take defensive measures against all kinds of risks, carry out well the major task of maintaining state security and social peace.

Xi Jinping pointed out that in 2014 the political-legal battlefront has conscientiously implemented the Party centre's policy decisions, thoroughly advancing the construction of a peaceful China, a rule-of-law China, and of troops who are up to the mark; that each item of work and reform work in particular has achieved new success. National political-legal organs must further deepen the reform of the judicial system, to provide strong systemic guarantees of a strict law enforcement, a civilized law enforcement and judicial fairness, and raise the credibility of law enforcement and the judiciary. They must persist in severely ruling the police, strictly maintaining the political discipline and the organisational discipline of the Party, firmly opposing the private use of public equipment and judicial corruption, put their efforts in maintaining overall social stability, promote social fairness and justice, ensure that the People live in peace and work happily.

Xi Jinping stressed that party committees at all administrative levels must earnestly bear the political responsibility of maintaining stability in their region, plan political-legal work with the overall economic and social development, enthusiastically study and solve the major problems that affect political-legal work. They must take the lead in working according to the law; support the people's courts and people's procuratorates in the independent exercise of the power of adjudication and the power of prosecution according to the law; support all political-legal units in carrying out work in flawless coordination, independently and responsibly in accordance with the Constitution and the law; produce a good environment in which political-legal organs perform their duties according to the law. Leadership over political-legal organs must be strengthened and improved; a good and strong leading group of the political-legal organs must be chosen; the ideological and political quality [suzhi] of the political-legal troops and their capacity to fulfil their duties must be raised uninterruptedly; a political-legal troop that is loyal to the Party, loyal to the State, loyal to the People, loyal to the law must be trained, to ensure that the dagger handle is firmly held in the hands of the Party and the People.

The Central Political-Legal Work Conference suggested that national political-legal organs use Xi Jinping's important directives to unify thought, thoroughly study and implement the spirit of the important speeches of the 18th Party Congress, the 3rd and 4th Plenums of the 18th Party Congress, as well as the Central Economic Work Conference; thoroughly study and implement the spirit of the important speeches of General Secretary Xi Jinping; actively adapt to the new changes in the situation; increase the initiative and proactivity in their work, push political-legal work in the directions of being good at using the thinking and methods of rule of law, putting efforts in solving deep seated problems, being good at using information technology according to the needs of overall building a moderately prosperous society in all respect, overall deepening reform, ruling the country according to the law, strictly governing the Party, and to promote a society that is vital since it is orderly, and to raise the overall capacity and level of service. They must persist in deepening the reform of the judicial system by taking rule of law as a lead, deepen the advancement of a peaceful China, a rule-of-law China, of troops who are up to the mark; efficaciously take defensive measures against all risks; faithfully fulfil their responsibility and mission to maintain overall social stability, promote social fairness and justice, ensure that the people live in peace and work happily; produce a safe and stable social environment for the comprehensive construction of a moderately prosperous society, a fair and just rule of law environment, a highly efficient service environment of exceptional quality. 

Meng Jianzhu, member of the Standing Committee of the Politburo and Secretary of the Central Political-legal Commission conveyed the important directives of General Secretary Xi Jinping and gave a speech. 

Guo Shenkun, member of the State Council and Deputy Secretary of the Central Political-legal Commission; Zhou Qiang, President of the Supreme People's Cour and Cao Jianming, Chief Procurator of the Supreme People's Procuratorate, were in attendance of the meeting.


习近平就政法工作作出重要指示强调
把政法工作摆到经济社会发展全局中谋划
履行好维护国家安全和社会安定重大责任


20150120 18:05:33 来源: 新华网

    新华网北京120日电 中央政法工作会议20日在京召开。中共中央总书记、国家主席、中央军委主席习近平近日就政法工作作出重要指示强调,新形势下,政法机关任务更重,人民群众要求更高。希望全国政法机关主动适应新形势,增强工作前瞻性,有效防控各类风险,履行好维护国家安全和社会安定的重大责任。
    习近平指出,2014年,政法战线认真贯彻党中央决策部署,深入推进平安中国、法治中国、过硬队伍建设,各项工作特别是改革工作取得新成效。全国政法机关要继续深化司法体制改革,为严格执法、文明执法、公正司法和提高执法司法公信力提供有力制度保障。要坚持从严治警,严守党的政治纪律和组织纪律,坚决反对公器私用、司法腐败,着力维护社会大局稳定、促进社会公平正义、保障人民安居乐业。
    习近平强调,各级党委要切实担负起维护一方稳定的政治责任,把政法工作摆到经济社会发展全局中来谋划,积极研究解决影响政法工作的重大问题。要带头依法办事,支持人民法院、人民检察院依法独立公正行使审判权、检察权,支持政法各单位依照宪法法律独立负责、协调一致开展工作,为政法机关依法履行职责创造良好环境。要加强和改进对政法工作的领导,选好配强政法机关领导班子,不断提高政法队伍思想政治素质和履职能力,培育造就一支忠于党、忠于国家、忠于人民、忠于法律的政法队伍,确保刀把子牢牢掌握在党和人民手中。
    中央政法工作会议提出,全国政法机关要用习近平总书记重要指示统一思想、指导工作,深入学习贯彻党的十八大和十八届三中、四中全会及中央经济工作会议精神,深入学习贯彻习近平总书记系列重要讲话精神,按照全面建成小康社会、全面深化改革、全面依法治国、全面从严治党的要求,主动适应形势新变化,切实增强工作前瞻性、主动性,推动政法工作向善于运用法治思维和法治方式转变、向着力解决深层次问题转变、向善于运用信息化手段转变、向更加开放转变,促进社会既有秩序又有活力,提高服务大局的能力和水平。要坚持以法治为引领,深化司法体制改革,深入推进平安中国、法治中国、过硬队伍建设,有效防控各类风险,忠实履行好维护社会大局稳定、促进社会公平正义、保障人民安居乐业的职责使命,为全面建成小康社会创造安全稳定的社会环境、公平正义的法治环境、优质高效的服务环境。
    中共中央政治局委员、中央政法委书记孟建柱传达了习近平总书记重要指示并讲话。

    国务委员、中央政法委副书记郭声琨,最高人民法院院长周强,最高人民检察院检察长曹建明出席会议。

1.20.2015

Reply of the General Office of the Central Commission for Discipline Inspection on whether Commissions for Discipline Inspections or Discipline Inspection Groups in professional units directly controlled by Provinces and Ministries can use 'lianggui'

Reply of the General Office of the Central Commission for Discipline Inspection on whether Commissions for Discipline Inspections or Discipline Inspection Groups in professional units directly controlled by Provinces and Ministries can use 'lianggui'


Zhongjiban [2000] no. 137 


To Discipline Commissions and Supervision Bureaus (sub-bureaus) of all Provinces, Autonomous Regions, Municipalities directly controlled by the Centre; 
to Discipline Inspection Groups (Discipline Commissions) and Supervision Sub-bureaus of central and state organs ministries and commissions; 
to all discipline inspection groups delegated by the central disciplinary commission; 
to all supervision sub-bureaus delegated by the Ministry of Supervision or supervisors offices; 
discipline working committees of organs directly controlled by the Centre;
discipline working committees of central state organs; discipline working committees of Central banking and financial institutions; 
discipline working committees of central enterprises; discipline commissions of the Military Commisssions: 

After the Central Discipline Commission General Office 'Measures on Discipline Inspection Organs Using “lianggui” (for trial implementation)' zhongji banfa [2000] no. 1 were printed and distributed, letters incoming from some regions and departments requested instructions on whether discipline commissions or discipline inspection groups of professional units ranking at the administrative level of ministry bureau (ting) or of provincial department (ju) and directly controlled by provinces or ministries, could use 'lianggui' where such measure was necessary to handle a case. 

After research, our reply is as follows:

1. discipline inspections groups of professional units directly controlled by provinces ranking at the administrative level of ministry bureau or of provincial department have the power to use lianggui in accordance with article 3 of document Zhongji Banfa [2000] no. 1 if they are organs delegated by provincial level commissions for discipline inspections.

2. Commissions for discipline inspection or discipline inspection groups of professional units directly controlled by provinces or ministries ranking at the administrative level of ministry bureau or of provincial department may use lianggui upon the approval of provincial or ministerial commissions for discipline inspection or to discipline inspection groups where such use is needed to handles a case.

Where necessary, provincial or ministerial commissions for discipline inspection or discipline inspection groups may send a person to provide guidance. 


General Office of the Central Commission for Discipline Inspection, 4 September 2000 .

中共中央纪委办公厅关于省、部直属事业单位纪委、纪检组可否使用“两规”措施的答复


中纪办〔2000〕137号 

各省、自治区、直辖市纪委、监察厅(局),中央和国家机关各部委纪检组(纪委)、监察局,中央纪委各派驻纪检组,监察部各派驻监察局、监察专员办公室,中央直属机关纪工委,中央国家机关纪工委,中央金融纪工委,中央企业纪工委,军委纪委:

中央纪委办公厅《关于纪检机关使用“两规”措施的办法(试行)》(中纪办发〔2000〕1号)印发后,有些地方和部门来函请示,省级或部级直属的厅局级事业单位的纪委、纪检组在办案确有必要时,可否使用“两规”措施?根据“中纪办发〔2000〕1号”文件精神,经研究答复如下:  

一、省级直属的厅局级事业单位的纪检组,如果是省级纪委派驻的,按照“中纪办发〔2000〕1号”文件第三条的规定,有权使用“两规”措施。   

二、省级、部级直属的厅局级事业单位内设的纪委、纪检组,在办案中确有必要使用“两规”措施的,在报请省级或部级纪委、纪检组批准后,方可使用。必要时,省级或部级纪委、纪检组应派人予以指导。

中共中央纪委办公厅 2000年9月4日