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1.17.2015

Measures on Discipline Inspection Organs Using 'lianggui' (for trial implementation)

Measures on Discipline Inspection Organs Using 'lianggui' (for trial implementation)


Zhongji banfa [2000] no. 1

General Office of the Central Commission for Discipline Inspection

20 January 2000


The stipulation of article 28 paragraph (3) of the Provisions on Chinese Communist Party Discipline Inspection Organs' Case Inspection Work - 'request relevant personnel to provide an explanation of matters involved in the case at a stipulated time and place' - (hereinafter abbreviated as 'lianggui') is a discipline restraining measure and an organizational measure provided for by Party rules and [used by] discipline organs to investigate and handle cases of party discipline violations. To guarantee a smooth continuation of the battle against corruption, efficaciously investigate and handle cases of discipline violations and violations of the law, to guarantee the correct use of 'lianggui', the following specific measures are formulated:

1. discipline inspection organs using 'lianggui' must adhere to the principle of cautiousness. According to relevant stipulations in the “Provisions”, where discipline inspection organs investigate important or complicated cases, and where it is necessary in the course of investigation, they may use 'lianggui' in accordance with the present Measures.

2. To use 'lianggui', the following conditions must be met:

1) the facts and evidence of some grave violations of discipline by a Party member who is a suspect of discipline violations in a discipline violation case are already known; the conditions for discipline punishment already exist but, important matters still need to be investigated.

2) the Party member suspected of discipline violations is suspected of acting in collusion to make a confession tally, retracting a confession or fleeing abroad, or concealing or destroying evidence, or keeping other conducts that may obstruct investigation on the case.

3. 'Lianggui' can only be used by discipline inspection organs. Discipline inspection organs at the county level and above (county level included); discipline inspection groups delegated by discipline inspection commission at the prefectural-level city and above (prefectural-level cities included); discipline inspection groups at the division level and above (division level included) established in Party and state organs; discipline inspection commissions (discipline inspection groups) of major state-owned enterprises and professional units directly controlled by the Central Committee or the State Council have the right to use 'lianggui'. Where a discipline inspection commission below the county level deems that, based on actual circumstances and needs, the use of such measure is necessary, it may use 'lianggui' upon approval by discipline inspection organs at the county level and above (county level included), which shall dispatch a staff member to provide guidance.

Where discipline inspection commissions of regions and departments investigate a case, and it is necessary to use 'lianggui' on persons across two or more provinces or deparments, investigators must seek the agreement of the discipline inspection organ of the persons' region or department. Where an unanimous opinion cannot be reached, consultation shall take place between investigators and the commission for discipline inspection of the region or department involved. Alternatively, approval [shall be provided] by discipline inspection organs at the next higher level.

4. Where a case investigation group deems that, based on actual circumstances and needs, 'lianggui' must be used, they shall compile and submit an “Discipline inspection organs' approval form on the use of lianggui” (see Form 1). Where discipline inspection organs decide to enforce 'lianggui' on members of a leading group of a region or department under their jurisdiction, or on other major leading cadres, approval shall be sought from the discipline commission secretary or from the deputy secretary in charge of cases, and a report shall be filed with the Party committee at the same administrative level. Where 'lianggui' is enforced on members of a leading group of deparments implementing vertical management, the competent department at the next higher level shall be notified. Where 'lianggui' is enforced on other Party members suspected of discipline violations, approval may be sought from the standing committee in charge of the case. Where 'lianggui' is to be used in urgent circumstances, examination and approval procedures must be fulfilled ex post facto.

5. Where investigators decide to use 'lianggui' on a Party member suspected of discipline violations, they shall read out relevant provisions and the discipline he must observe. Means of transportation, means of communication, documents, cash and items that may endanger safety, which the Party member suspected of discipline violations has brought to the place of 'lianggui', shall be recorded and kept by discipline inspection organs (see Form 2). After 'lianggui' has been used, discipline inspection organs shall inform the unit and the family of the Party member suspected of discipline violations.

6. The place where 'lianggui' is used shall generally be within the administrative area over which discipline inspection organs investigating the case have jurisdiction. Where it is necessary to choose a place outside [the jurisdiction] in order to enforce 'lianggui', a decision shall be made by the major leader of the discipline inspection organ. The place of 'lianggui' may be an office facility of discipline inspection organs, and it may be a place chosen by discipline inspection organs, which allows the conditions to investigate the case, and to safeguard the personal safety of the Party member suspected of discipline violations and of investigators but, using office or detention facilities of judicial organs, as well as shelter and deportation facilities of administrative departments is not allowed. Constructing facilities dedicated to the use of 'lianggui' is not allowed.

7. The Party member suspected of discipline violations shall provide an explanation of matters involved in the case at a stipulated time and place in accordance with requests by discipline inspection organs. Where he refuses without good cause, or otherwise obstructs investigation on the case, he shall be dealt with according to the 'Provisions of the Central Commission for Discipline Inspection of the Central Committee of the CCP on the Party discipline punishment of Party organizations and Party members who obstruct investigation of discipline violation cases'.

8. Where 'lianggui' is used to investigate a case, the extortion or luring of a confession are strictly prohibited; corporal punishments or disguised corporal punishments are strictly prohibited, beating, scolding and humiliating the person [of Party members] are strictly prohibited, as well as the use of tools of restraints. Violators shall be dealt with severely in accordance with the “Regulations of the Chinese Communist Party on Discipline Punishment (for trial implementation)” and relevant legislation.

9. On the premise that cases shall be clarified, discipline inspection organs shall severely control the time of 'lianggui'. While 'lianggui' is used to investigate a case, a meticulous and complete work system, a work shift system and case investigation discipline shall be amply prepared and strictly enforced. Security prevention and logistics work shall be made to avoid the occurrence of unexpected incidents, violations of discipline and the law. Where 'lianggui' is used without permission, without undergoing approval procedures, or such measure is used without permission [by those] without a right to use [it], or even though such measure is used after approval but, relevant systems and case investigation systems are not enforced causing grave consequences, the responsible persons shall be prosecuted.

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