Skip to main content

Chinese Communist Party Provisions on the filing of Party Provisions and normative documents

Chinese Communist Party Provisions on the filing of Party laws and regulations and normative documents

Article 1. The present Provisions are enacted according to the Chinese Communist Party regulations on enacting Party laws and regulations to standardize the work of filing Party   laws and regulations and normative documents; guarantee the coherence of Party laws and regulations and normative documents with the Party Statute, and the Party theory, line, principles and policies, coherence with the Constitution and the law; to safeguard the unity and authoritativeness of the system of Party laws and regulations
Article 2. The present Provisions apply to the filing of Party laws and regulations and normative documents by  the Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government
“Normative documents” in the present Provisions refers to such documents as resolutions, decisions, opinions and notices having general binding force and repeated applicability,  which are composed by the Central Commission for Discipline Inspection and all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government during performance of their duties, including major documents implementing policy deployments of the Centre; that guide and promote economic and social development; that relate to the personal interest of the People's masses; that strengthen and improve the construction of the Party. 
The following documents do not belong to the scope of filing:
(1) documents on personnel readjustments, the internal set up of institutions, award decisions;
(2) requests for instructions, reports, notices on meetings, records of conferences, leaders' speeches, reports on the situation, outlines of work, summaries of work; 
(3) Internal work systems of institutions and work plans;
(4) other documents that do not have general binding force and may not be repeatedly applicable. 
Article 3. The filing of Party laws and regulations and normative documents shall achieve the filing of each document, the auditing of documents that have been filed, and correction of mistakes therein. 
Article 4. Party laws and regulations and normative documents that shall be filed according to the present Provisions shall be reported to the Centre by their enacting institution within 30 days of their date of effect. Party laws and regulations and normative documents that are enacted jointly shall be filed with the Centre by the host institution. Concrete work is undertaken by the agency responsible for regulatory work belonging to the enacting institution or to the host institution. 
Article 5. The Central General Office is responsible for filing Party laws and regulations and normative documents. Substantive issues are handled by the Central General Office agency for regulatory work. 
Party laws and regulations and normative documents that, according to the present Provisions, shall be filed are directly reported to the Central General Office agency for regulatory work. 
Article 6. When reporting Party laws and regulations and regulatory documents, a filing report shall be submitted with the original and an explanation bound in three copies and an electronic copy shall be reported through the dedicated Party laws and regulations ethernet. 
The Central General Office shall order those who do not submit a report or Party laws and regulations and normative documents, or who do not submit the report on time to submit a supplementary report. 
Article 7. The Central General Office performs an auditing of Party laws and regulations and normative documents filed with the Centre. The content to be audited shall be as follows:
(1) whether it conflicts with 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 conflicts with Party laws and regulations at the higher level;
(4) whether it conflicts with provisions on the same matter made by other Party laws and regulations
(5) whether the content of the laws and regulations is clear or inappropriate;
(6) whether it conforms to the regulatory powers and procedure.
Article 8. Where the Central General Office agency for regulatory work finds out a problem during the audit of Party laws and regulations and normative documents, the filing institution shall be reqired to explain relevant circumstances, and the filing institution shall provide an explanation by the designated deadline. 
Article 9. The Central General Office agency for regulatory work shall complete the audit within 30 days of receiving the Party laws and regulations and normative documents reported for filing. 
Article 10. Where during the audit it is found out that Party laws and regulations and normative documents display one of the problems listed under article 7, the Central General Office agency for regulatory work may, under prior approval, propose that the enacting institution corrects them. The enacting institution shall deal with the matter within 30 days and provide feedback on the matter. Where action is overdue, the Central General Office shall propose to correct or repeal [the relevant Party laws and regulations and normative documents] and request a decision by the Centre. 
Article 11. Where by auditing it has been determined that Party laws and regulations and normative documents meet the conditions for filing, the Central General Office agency for regulatory work shall file them for future reference,  promptly notify the filing institution by a circular and publish a list of Party laws and regulations and normative documents that have been filed. 
Article 12. A system to evaluate and assess the work of filing [shall be established]. Units and individuals whose performance in the work of filing is outstanding shall be commended according to relevant rules. 
Where by auditing it is found out Party laws and regulations and normative documents display outstanding problems, [the matter] may be notified within a certain range. 
Article 13. Before January 31 of every year the Central Commission for Discipline Inspection and all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government shall file a list of Party laws and regulations and normative documents issued during the previous year with the Central General Office agency for regulatory work 
Article 14. A mechanism to integrate the audit of Party laws and regulations and normative documents with the audit of state laws, regulations and normative documents shall be established. 
Article 15. Party committees of provinces, autonomous regions, municipalities directly under the Central Government shall establish relevant filing systems according to the spirit ot the present Provisions, carrying out the work of filing according to the principle whereby lower-level [organs] file [Party laws and regulations and normative documents with] the next-higher level [organs].  
The Central Commission for Discipline Inspection and all central departments may, on the basis of the needs of their work, establish an internal filing system according to the spirit of the present Provisions.
Article 16. The Central Military Commission and its General Political Department carry out the work of filing military Party provisions and normative documents in accordance with the spirit of the present Provisions. 
Article 17. The Central General Office is responsible for interpreting these Provisions. 

Article 18. These Provisions shall take effect  on 1 July 2012.

Comments

Popular posts from this blog

Internship Opportunities at the Foundation for Law and International Affairs

I am delighted to share a call for internship issued by the Foundation for Law and International Affairs, an organization I am a proud member of.



FLIA Internship Opportunity

We are looking for interns from all over the world.

Who we are and what we do
FLIA is an independent nonprofit organization established in Washington, DC in 2015. As an educational and consultative think tank, FLIA is devoted to promoting global communication, cooperation, and education in the field of law and international affairs. The areas on which FLIA focuses include comparative law and culture, international crime and judicial assistance, courts and tribunals, social responsibility and sustainable development, global economics and world trade, international relations and multilateral diplomacy, global security and governance, and human rights. FLIA conducts various programs such as FLIA Conference, FLIA Dialogue, FLIA Insight, FLIA Youth, FLIA Publication, and FLIA Blog. 
Why be a FLIA intern
If you are seeking to…

A Short Response to a Reader

This post provides a short and simple response to a question I received about my short essay "民法的一般原则、党组以及“一带一路”  (available here for those who may like to read it in Chinese, and here for those who may like to read it in English). The question was received on the "法律与国际事务学会" Wechat group, following the circulation of this short essay on Chinese-language internet groups and websites. 

I am publishing my short and simple reply here because the question may be of interest to persons other than the reader who asked it (and whom shall remain anonymous). Also, my essay was written for the sole purpose of academic research and communication therefore, there is no reason why I should provide my answer within the 'four walls' of a social media group.
Question: In your commentary, you wrote “in 1957, Liu Shaoqi suggested to use the words ‘militant bastions’ in article 19 of the Constitution of the CPC to refer to the function of primary organizations, rather than to their …

Short Essay: 民法的一般原则、党组以及“一带一路”

The following short essay was produced as part of a series of commentaries on the General Provisions of Civil Law authored for the Chinese and Western public. It examines how the General Provisions of Civil Law can contribute to the construction of a transnational rule of law framework for the Belt and Road Initiative. In the essay, I discuss the General Provisions of Civil Law in relation to the legal status of Party groups in SOEs, private enterprises, and social organizations (including NGOs and Foundations) operating in China and in Western countries. My most heartfelt thanks go to Luo Qiyue and Huang Linlin, for their outstanding translation of my essay. 




民法的一般原则、党组以及“一带一路” 作者:Flora Sapio1

自党的十八大以来,国家采取了数个措施来增强党在国有企业、私有企业和社会组织中的权威。2013年《中央党内法规制定工作五年规划纲要(2013—2017年)》第二条要求规范和完善党组工作制度,并且制定有关党组工作的党内法规。2014年党的十八届三中全会亦提出要加强建设以提供服务,学习及创新为导向的党组。
为了应对经济发展所提出的一系列全新需求,强化党组是必不可少的。这些新的需求包括加强对公司的内部审计、监督公司高层以及员工行为的合法性、寻找多种途径解决劳动纠纷以及更好地向公众提供公共服务等。
为了使得党组在上述及其他领域发挥根本性作用,党的十八届中央委员会创建了一个法律框架来规范党组构成及其活动。…