2.03.2015

Notice of the Central Commission for Discipline Inspection on Further Standardising 'lianggui'

Notice of the Central Commission for Discipline Inspection on Further Standardising 'lianggui' 



      Zhongjifa[2001] no. 15




To Discipline Inspection Commissions of all Provinces, Autonomous Regions and Municipalities directly controlled by the Centre; to discipline inspection groups (commissions) of all Central Ministries, Commissions and all Departments of Central State Organs; to all Discipline Inspection Groups delegated by the Central Commission for Discipline Inspection; to Discipline Working Committees of organs directly controlled by the centre; to Discipline Working Committees of Central State Organs; Discipline Working Committees of central banking and financial institutions; to the Commission for Discipline Inspection of the Military Commission: 

'Lianggui' is an organizational measure of discipline inspection organs authorized by Party rules, that may be used while investigating and handling cases of violations of Party discipline. Discipline inspection organs at all levels have conscientiously implemented the spirit of the important written comments by Comrade Jiang Zemin and documents on the use of 'lianggui' issued by the Central Commission for Discipline Inspection; strictly grasped the conditions under which 'lianggui' is to be used; strictly followed approval procedures, achieving clear results in cracking big and important cases by using 'lianggui', and punishing corrupt elements. Practice proves that under the current conditions, 'lianggui' is an important and effective means to crack big and important cases, and it has played an important role in pushing forward the deepening of the fight against corruption. To meet the requirements posed by the development of the circumstances; to handle cases according with discipline and the law; to further carry forward a smooth development of the work of investigating and handling cases, matters relevant to further standardising 'lianggui' are hereby reiterated and stipulated as follows: 

1. The conditions when 'lianggui' can be used are: 

(1) the facts and evidence of some serious disciplinary violations by a Party member suspected of disciplinary violations are well-known already, and the conditions to issue disciplinary sanctions exist but there are still important matters that need to be thoroughly investigated by using 'lianggui'; 

(2) The party member suspected of disciplinary violation is suspected of collusion, of escaping, or he may conceal or destroy evidence and keep other conducts that may obstruct investigation on the case; 

(3) during investigation on a case, Party members who are major parties in the case do not provide truthful information or otherwise severely obstruct investigation on the case. The use of 'lianggui' on those who are not Party members is not allowed. If non-Party members are implicated in a case in important ways, and there is a need to investigate them to obtain evidence, and they do not collaborate, the cooperation of judicial organs or relevant administrative organs shall be sought in handling [their case].

 2. Use of 'lianggui' by discipline inspection commissions at the administrative level of county (city) must be decided by the standing committee of the commission for discipline inspection after research; and reported to the secretary of the commission for discipline inspection at the administrative level of prefecture (city) or to the deputy secretary responsible for the case for their approval. Commissions for discipline inspection at the administrative level of county (city) must not use 'lianggui' if they do not possess the [necessary] conditions in terms of funding, logistics and personnel. Where the use of 'lianggui' is needed, its enforcement shall be organised by commissions for discipline inspections at the administrative level of prefecture (city). 

Use of 'lianggui' by commissions for discipline inspection at the administrative level of county (city) shall be organised by the county (city) standing committee in charge of the case. Village and township commissions for discipline inspection and discipline inspection groups (commissions) in organs directly controlled by counties (cities) are not allowed to use 'lianggui', which [shall be] organised and enforced by commissions for discipline inspection at the administrative level of county (city). 

Commissions for discipline inspection at the administrative level of prefecture (city) must strengthen their oversight and concrete guidance as to the targets of 'lianggui', its duration, its place and security prevention measures. Any problem must be promptly corrected.

3. Where commissions for discipline inspection (working commissions for discipline inspection) above the administrative level of prefecture (city) (prefecture included) use 'lianggui' on cadres managed by the Party committee at the same administrative level, ['lianggui'] shall be collectively researched and decided by the standing committee of the commission for discipline inspection (working commission for discipline inspection) and a report shall be filed with the Party committee at the same administrative level. Where, in urgent circumstances, 'lianggui' is to be used promptly on the persons mentioned above, a decision may first be sought from the discipline commission secretary or from the secretary in charge of the case, and reporting and approval procedures shall be fulfilled as soon as possible. The use of 'lianggui' on other Party members may be approved by the deputy secretary in charge of the case.

4. Where discipline commissions of major state-owned enterprises, professional units at the administrative level of ministry bureau or provincial department (ministry bureau or provincial department included) use 'lianggui' on Party members under their jurisdiction, ['lianggui'] shall be collectively researched and decided by discipline commissions leaders and a report shall be filed with the Party committee of the same unit and administrative manager. Discipline commissions of medium and small-sized state enterprises or discipline commissions of professional units below the administrative level of ministry bureau or provincial department (ministry bureau and provincial department not included) are not allowed to use 'lianggui'. Where the use of 'lianggui' is needed, [it] shall be organised and enforced by the discipline commission at the next higher level with the power to use 'lianggui'.

5. Where discipline inspection groups of central state organs' ministries and commission, or discipline inspection groups delegated by the Central Commission for Discipline inspection are to use 'lianggui' on Party members of their own unit or of a unit directly controlled by them, ['lianggui'] shall be collectively decided by their leaders after research, and reported to the Party group and to the administrative manager. Where 'lianggui' is to be used in urgent circumstances, it may be decided by the director or deputy director of the discipline inspection group, and [examination and approval] procedures are to be fulfilled as soon as possible according to the preceding provisions. Discipline inspection groups (commissions) directly controlled by organs at the administrative level of prefecture (city) are not allowed to use 'lianggui'. Where the use of 'lianggui' is needed, it shall be directly enforced by discipline inspection commissions at the administrative level of prefecture (city)

6. 'Lianggui' shall be promptly reported to governments where it is used on members of the leading group of local governments and administrative departments and on Party members or other administrative leading cadres of equivalent rank. Use of 'lianggui' on Party members appointed as delegates to people's congresses or political-consultative conferences shall be promptly reported to the people's congress Party group or to the political-consultative conference Party group. Use of 'lianggui' on Party members of the leading group of departments and units implementing vertical management shall be promptly notified to the competent department at the next higher level. 

7. The time limit of 'lianggui' must be severely controlled. Where 'lianggui' is used, the case investigation group shall propose a time limit in the report filed to their superiors, and submit the report in accordance with the provisions of articles 2, 3, 4 and 5. In particularly major and complicated cases where an extension of the term of 'lianggui' is necessary, the case investigation group shall make a proposal to extend the actual time, which shall be filed and approved in accordance with provisions of articles 2, 3, 4 and 5. 

8. The use of 'lianggui' in a different jurisdiction must be strictly controlled.  The place of 'lianggui' is normally chosen in an area under the jurisdiction of the discipline inspection institution that that handles the case. Where it is necessary to chose the place of 'lianggui' in a different jurisdiction, both localities shall seek approval from the person responsible for the discipline inspection institution at the next higher level. The place of 'lianggui' must be chosen in an area where safety can be guaranteed. Generally, single storey buildings or two storey buildings where safety conditions exist shall be chosen first. All kinds of safety measures shall be adopted in the area where persons under 'lianggui' are, to avoid  the occurrence of accidents. When 'lianggui' is used, assistants shall be chosen from among the staff of Party organs or the staff of state organs, or state organs may be invited to appoint them. Assistants shall be carefully trained, have clear responsibilities and strictly observe discipline. After 'lianggui' is used, the organ handling the case shall notify the person responsible for the unit of the person placed under 'lianggui' within 24 hours, which will promptly notify the relatives of the person under 'lianggui'. 

9. Where, during 'lianggui', investigation proves that the person under 'lianggui' is suspected of a crime he shall be promptly transferred to judicial organs. Safety prevention work shall be performed before the person is transferred to judicial organs. After a person has been released from 'lianggui' but not transferred to judicial organs, the organ handling the case shall promptly notify the person responsible for his unit and shall promptly notify the relatives of the person under 'lianggui'. 

10. While enforcing 'lianggui' investigators and assistant staff must have a high sense of responsibility, work according to discipline and the law, guarantee the personal safety of the person under 'lianggui', be careful and attentive to his daily life. The responsibility of those who, during 'lianggui'', cause grave consequences due to a dereliction or neglect of duties, or extort or lure a confession, use corporal punishment or use 'lianggui' without having the power to do so shall be severely prosecuted. Where circumstances are grave, the person responsible for handling the case and the person responsible for discipline inspection organs shall be prosecuted. Where past relevant provisions of the Central Commission for Discipline Inspection are inconsistent with this notice, matters will be implemented according to this notice without exception.

Central Commission for Discipline Inspection

28 September 2001


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