中国共产党党员权利保障条例

　　(Deliberated and approved at the meeting of the Standing Committee of the Political Bureau of the CPC Central Committee on September 9, 2004, promulgated by the CPC Central Committee on September 22, 2004, revised at the meeting of the Political Bureau of the CPC Central Committee on November 30, 2020, promulgated by the CPC Central Committee on December 25, 2020)

　　第一章　总则

　　Article 1 These Regulations are formulated in accordance with the Constitution of the Communist Party of China in order to uphold the leadership of the Party, strengthen Party building, promote intra-Party democracy, safeguard the rights of Party members and enhance the vitality of the Party。

　　第二条　党员权利保障坚持以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观、习近平新时代中国特色社会主义思想为指导，增强“四个意识”、坚定“四个自信”、做到“两个维护”，不忘初心、牢记使命，坚定不移全面从严治党，推动各级党组织落实和保障党员权利，激发广大党员的积极性、主动性、创造性，增强党的创造力、凝聚力、战斗力，永葆党的先进性和纯洁性，为全面建设社会主义现代化国家、实现中华民族伟大复兴作出贡献。

　　第三条　党员权利保障应当遵循以下原则：

　　(1) Uphold the combination of democracy and centralism to stimulate Party members' enthusiasm for participating in intra-Party affairs and require them to exercise their rights in accordance with the principle of Party spirit;

　　(2) adhere to the unity of obligations and rights, earnestly fulfill the obligations stipulated in the Party Constitution, correctly exercise all rights, and carry out activities within the scope of the Constitution and laws;

　　（三）坚持在党的纪律面前人人平等，不允许任何党员享有特权；

　　(4) Adhere to the full and comprehensive protection of Party members' rights, improve measures to protect rights, open channels for exercising rights, and increase the effectiveness of work。

　　Article 4 Party organizations must respect the principal position of Party members, strengthen their political responsibility for governing the Party, integrate the protection of the rights of Party members into Party building in the new era, protect the rights of Party members in strict accordance with the Party Constitution and other intra-party regulations, and improve the system and mechanism for protecting the rights of Party members。

　　Party members should strengthen the Party's concept and consciousness of being the main body, take the exercise of the rights provided for in the Party Constitution as their due responsibility to the Party, tell the truth to the Party organization, tell the truth, and speak from the heart, have the courage to assume responsibility, abide by the rules of discipline, and correctly exercise their rights。

　　第五条　任何侵犯党员权利的行为必须受到追究。党组织应当以事实为根据、以党章党规党纪为准绳，对侵犯党员权利行为作出认定和处理。

　　第二章　党员权利的行使

　　Article 6 All rights enjoyed by Party members as provided for in the Party Constitution must be respected and protected, and no Party organization at a higher level or any Party member has the right to deprive them。预备党员除了没有表决权、选举权和被选举权以外，享有同正式党员一样的权利。

　　党员行使权利时不得侵犯其他党员的权利。

　　第七条　党员有党内知情权，有权按照规定参加党的有关会议、阅读党的有关文件，了解党的路线方针政策和决议，The Party organization to which I belong implements the decisions and arrangements of the Party Central Committee and the decisions of higher Party organizations, implements the responsibility of comprehensively and strictly governing the main body of the Party, carries out key work and other intra-Party affairs。

　　Article 8 Party Members shall have the right to receive education and training from the Party, and shall have the right to put forward requirements for education and training, and to participate in intensive education, special study education, intensive rotation training, off-job training, and online training arranged by the Party organization。

　　第九条　党员有党内参加讨论权，有权在党的会议上和党报党刊上参加关于党的理论、政策的学习讨论，并充分发表意见；有权按照规定在党内参加有关重要决策和重要问题的讨论，参加党组织开展的征求意见等活动，反映真实情况，积极建言献策。

　　In the process of discussing the Party's basic theory, line and strategy, Party members should consciously maintain a high degree of consistency with the Party Central Committee。

　　第十条　党员有党内建议和倡议权，The Party has the right to make suggestions and proposals in oral or written form on all aspects of the work of the Party organization to which it belongs, the Party organization at a higher level, and even the Central Committee，有权按照规定在干部选拔任用中推荐优秀干部，在党组织巡视巡察、检查督查中对党的工作提出建议。

　　第十一条　党员有党内监督权，有权在党的会议上以口头或者书面方式有根据地批评党的任何组织和任何党员，揭露、要求纠正工作中存在的缺点和问题，Pointing out the shortcomings and mistakes of leading cadres and other party members in democratic evaluation;They have the right to report to the Party organization their opinions on the Party organization, leading cadres and other Party members to which they belong。党员以书面方式提出的批评意见应当按照规定送被批评者或者有关党组织。

　　A Party member shall have the right to responsibly expose or report to the Party organization the facts of violations of discipline and law by any Party organization or any Party member, and make demands for handling or punishing Party organizations and Party members who have committed violations of discipline and law。

　　Any Party member who criticizes, exposes, reports, or requests for handling or punishment shall do so through organizational channels, and shall not spread or disseminate freely or on the Internet, exaggerate or distort the facts, or fabricate facts, falsely accuse or frame them。

　　Article 12 A Party member shall have the right to request for removal or replacement within the Party, and shall have the right to report to the Party organization to which he belongs or to the Party organization at a higher level the incompetency of leading cadres, and to responsibly request the removal or replacement of incompetent leading cadres。

　　党员提出罢免或者撤换要求应当严肃负责，按照组织原则，符合有关程序。

　　Article 13 Party Members shall have the right to vote within the Party and shall have the right to vote in accordance with regulations when questions are discussed and decided by Party organizations, to be informed of the situation before voting, and to express their views fully during the discussion。表决时可以表示赞成、不赞成或者弃权。

　　Article 14 Party Members shall have the right to vote within the Party and to participate in intra-party elections, to know about the candidates, to demand that the candidates be changed, to not elect any candidate or to elect someone else。

　　党员有党内被选举权，有权经过规定程序成为候选人和当选。

　　Article 15 A Party member shall have the right to plead within the Party and shall have the right to explain and explain to the Party organization his or her own problems that have been reflected in a factual manner;When a primary-level Party organization discusses and decides on a punishment against itself or makes an appraisal, it has the right to participate in and defend itself, and other Party members may testify and defend it。

　　第十六条　党员有党内提出不同意见权，对党的决议和政策如有不同意见，在坚决执行的前提下，有权向党组织声明保留，And may report their opinions to higher Party organizations up to the Central Committee;The Party has the right to raise different opinions in the process of discussing and deciding on "triple and big" matters or soliciting opinions, selecting and appointing cadres, and publicizing them in accordance with regulations。

　　党员不得公开发表同中央决定不一致的意见。

　　Article 17 A Party member has the right to make a request within the Party and needs the help of a Party organization to solve an important problem, he or she shall have the right, in accordance with the prescribed procedures, to make a request step by step to the Party organization to which he or she belongs, to the Party organization at a higher level, up to the Central Committee, and to request the relevant Party organization to give a responsible reply。

　　Article 18 A Party member shall have the right to appeal within the Party, and if he is not satisfied with the treatment or punishment given to him by the Party organization or the conclusion of the appraisal or examination made by the Party organization, he shall have the right to lodge a complaint step by step with the Party organization to which he belongs, the Party organization at a higher level, or even the Central Committee in accordance with the prescribed procedures。

　　If a Party member considers that the Party organization's treatment or punishment of another Party member, or the conclusion of the appraisal or examination made by the Party organization is improper, he or she shall have the right to submit his or her opinions step by step to the Party organization up to the Central Committee in accordance with the prescribed procedures。

　　Article 19 If a Party member has the right to lodge a complaint within the Party and his or her legitimate rights and interests are infringed upon by a Party organization or other Party members, he or she shall have the right to lodge a complaint with the Party organization to which he or she belongs, the Party organization at a higher level, or even the Central Committee, demanding that the infringement upon his or her legitimate rights and interests be dealt with in accordance with regulations and discipline。　　

　　第三章　保障措施

　　Article 20 Party organizations shall, in accordance with regulations, determine the contents, methods and scope of the disclosure of Party affairs, so as to ensure that Party members are kept informed of intra-Party affairs in a timely manner。

　　After a Party congress, conference, plenary session of the Party committee, or other important meeting, the Party organization shall communicate the contents and spirit of the meeting to its members in accordance with relevant regulations。党组织作出的决议决定应当按照规定及时向党员通报。

　　党组织应当按照规定为党员提供阅读党内有关文件的必要条件。If a Party member is unable to read a document directly due to lack of reading ability or for other reasons, the Party organization shall convey the spirit of the document to him or her in accordance with regulations。

　　Article 21 Party organizations shall, in accordance with regulations, convene Party members' congresses, Party group meetings, branch committee meetings and organize meetings, carry out heart-to-heart talks, organize democratic reviews, ensure that party members participate in study and discussion, deliberation and decision-making, and conduct criticism and self-criticism。

　　第二十二条　党组织应当按照规定、有计划地对党员进行教育和培训，深入开展党的创新理论教育，加强党性教育和理想信念教育，注重了解和掌握党员的学习需求，创新教育培训方式，有针对性地开展政策、科技、管理、法规等培训，保证党员接受教育培训的学时和质量。

　　Article 23 Before a Party organization makes an important resolution or decision, it shall, through research, argumentation, consultation and other means, fully solicit the opinions of Party members so as to build consensus and pool wisdom within the Party。In the course of the Party's line, principles and policies, the Central Committee's major decisions and arrangements, and the study and formulation of important intra-party regulations, the opinions of Party members shall be solicited to a certain extent。When a local or primary-level Party organization studies and makes an important decision, it shall solicit the opinions of Party members within a certain scope of the organization's jurisdiction。一般情况下，对于存在重大分歧的，应当在进一步调查研究、交换意见后再启动决策程序。

　　Article 24 Party organizations shall actively make use of Party meetings, newspapers, periodicals, and websites to provide conditions for Party members to participate in discussions of the Party's theories and policies, to express their understanding, and to put forward opinions and suggestions。注重汇总研究党员意见，用以加强和改进党的工作。下级党组织应当根据上级党组织的安排，组织党员参加讨论。

　　Article 25 Party organizations shall closely follow the characteristics of party building work in the new era and the requirements for the protection of party members' rights, innovate methods and means for the protection of party members' rights, and provide convenient channels for party members to exercise their rights。

　　Article 26 When discussing and deciding issues, Party organizations must adhere to democratic centralism, implement the principle that the minority is subordinate to the majority, and decide that important issues should be voted on in accordance with regulations。表决前应当充分讨论酝酿，表决情况和不同意见及其理由应当如实记录。

　　第二十七条　党组织应当支持和鼓励党员对党的工作提出建议和倡议。Party organizations shall carefully listen to and study the suggestions and initiatives of Party members and adopt them reasonably;If it is of great help to the improvement of the work, the party members who put forward suggestions and initiatives shall be praised。

　　党组织应当支持和保护向组织讲真话、报实情的党员，认真听取各种不同意见。Party members who hold different views may not be discriminated against or prosecuted as long as they resolutely implement the Party's resolutions and policies.Party members who hold erroneous views should be criticized, helped and educated。

　　Article 28 Party organizations shall improve the system for deputies to Party congresses to keep in touch with Party members, support and ensure that deputies to Party congresses strengthen their contacts with primary-level party members, understand and reflect the opinions and suggestions of Party members, and listen to their opinions on the performance of their duties。Leading cadres should earnestly implement the system of direct contact with party members, go deep into reality and the grassroots, take the initiative to listen to the opinions and demands of Party members, and respond to their concerns in a timely manner。

　　第二十九条　党组织进行选举时，应当严格执行选举制度规则，充分体现选举人的意志。

　　No Party organization or Party member may in any way prevent Party members from voluntarily exercising the right to vote and stand for election within the Party, may not obstruct the presence of persons entitled to vote and stand for election, and may not in any way trace the voting intentions of electors。

　　Article 30 Where a Party member is detained or arrested in accordance with the law, the Party organization shall suspend such rights as the right to vote, the right to vote and the right to stand for election in accordance with its administrative authority。根据监察机关、司法机关处理结果，可以恢复其党员权利的，应当及时予以恢复。

　　党员受留党察看处分期间，没有表决权、选举权和被选举权。留党察看期间确有悔改表现的，期满后应当恢复其党员权利。

　　党员被停止党籍的，党员权利相应停止。对于停止党籍的党员，符合条件的，可以按照规定程序恢复党籍和党员权利。

　　Article 31 In the course of inspections and inspections, Party organizations may extensively collect and listen to the opinions and suggestions of Party members through individual talks, holding symposiums, conducting investigations, accepting letters and visits, etc。

　　Party organizations subject to inspection and supervision shall guarantee the right of Party members to reflect their opinions, and shall not prevent Party members from reflecting problems and making suggestions。

　　Article 32 Party organizations shall strictly implement the systems for intra-party democratic supervision, unblock channels for supervision, support and encourage Party members to carry forward the spirit of struggle, and fight against all kinds of violations of discipline and law and improper practices。The Party organization shall, in accordance with relevant provisions, promptly and appropriately handle the criticism, disclosure, reporting or accusation made by a Party member, as well as the requests for handling, punishment, dismissal or removal, and give responsible replies。

　　The Party organization shall protect the rights and interests of the complainant, strictly keep confidential the information of the complainant and the contents of the complaint, and strictly prohibit the transfer of the complaint materials to the organization or person being prosecuted。Promote and encourage real-name complaints and charges, give priority to real-name complaints and charges, give priority to handling, inform the acceptance of the situation, feedback processing results;Those who report and charge serious violations of discipline and law and are verified by investigation shall be commended。

　　对于党员检举控告和反映的问题，任何党组织和领导干部都不准隐瞒不报、拖延不办。For Party members who report problems through normal channels, no organization or individual is allowed to retaliate, no unauthorized investigation, and no punitive measures such as being transferred from their posts or demoted。

　　第三十三条　党组织应当建立健全激励机制，把党员在推进改革中因缺乏经验、先行先试出现的失误错误，同明知故犯的违纪违法行为区分开来；把尚无明确限制的探索性试验中的失误错误，同明令禁止后依然我行我素的违纪违法行为区分开来；把为推动发展的无意过失，同为谋取私利的违纪违法行为区分开来。Correctly grasp the nature and impact of mistakes made by party members in their work, give realistic, objective and fair treatment, and protect the enthusiasm of party members to take actions。

　　第三十四条　对于诬告陷害行为，党组织应当依规依纪严肃处理。Where, after verification, it is found that a Party member has been charged with false allegations and it is necessary to clarify, the specific issues concerning false allegations shall be clarified in accordance with the provisions。

　　Article 35 In the supervision and enforcement of Party members, the rights of Party members shall be fully guaranteed, the work shall be carried out in strict accordance with the rules and regulations, and no means or measures shall be used that violate the Party Constitution, Party rules and regulations, laws and regulations。The explanations and justifications made by the Party members themselves and the proofs and justifications made by other Party members shall be carefully listened to, truthfully recorded, verified in a timely manner, and reasonably adopted;If it is not adopted, reasons shall be given。党员实事求是的申辩、作证和辩护，应当受到保护。

　　处理、处分所依据的事实材料应当同本人见面。处理、处分的决定应当向本人宣布，并写明党员的申诉权以及受理申诉的组织等内容。The factual materials and decisions shall be signed by the person in question. In case of signing a different opinion or refusing to sign an opinion, an explanation or indication shall be made。

　　Article 36 Party organizations shall follow up and return visits to Party members who have been dealt with or punished, educate and guide them to correctly understand and correct their mistakes, put down their burdens and work actively。对于影响期满、表现好的党员，符合条件的应当正常使用。　

　　第三十七条　党组织应当认真处理党员的申诉，并给予负责的答复。对于党员的申诉，有关党组织应当按照规定进行复议、复查，不得扣压。上级党组织认为必要时，可以直接或者指定有关党组织进行复议、复查。

　　After reconsideration, review or examination of the decision, in the case of complete or partial correction, the new decision shall be announced within a certain range。Criticism and education shall be given to those who refuse to accept the correct handling;For repeated complaints without justifiable reasons, the relevant party organization shall formally notify the person no longer accepted and announce within the appropriate scope。

　　The Party organization concerned shall seriously study and deal with the opinions of Party members on the treatment, punishment or conclusions of appraisal and examination given to other Party members by the Party organization。

　　Article 38 Primary-level Party organizations such as enterprises, rural areas, subdistricts, and communities shall pay attention to safeguarding the rights of mobile party members, strengthen and improve the management and service work of mobile Party members, improve the communication and coordination mechanism of the Party organizations in the places of migration and migration, and ensure that mobile Party members participate in organizational life and exercise their rights as party members。

　　第三十九条　党组织应当关心党员思想、工作、学习、生活，做好党内关怀帮扶工作。Requests made by party members shall be accepted in a timely manner, reasonable and compliant shall be solved in a timely manner, difficult to solve shall explain the situation, does not belong to the scope of responsibilities of the Party organization can be reported to the relevant departments。

　　第四章　职责任务和责任追究

　　第四十条　党委（党组）必须落实全面从严治党主体责任，加强对党员权利保障工作的领导，Strictly implement intra-party laws, regulations and institutional measures on the protection of party members' rights;Clarify the relevant tasks and requirements of the discipline commission and the Party's working organs at the same level, directly under the unit, and the Party group (Party Committee) equivalent to this level，督促下级党组织和领导干部履行相关职责，Promptly discover and correct the problems existing in the protection of Party members' rights;To publicize intra-party regulations and policy requirements on the protection of party members' rights，经常开展党员义务和权利教育，引导广大党员增强责任意识、正确行使权利。

　　第四十一条　党的纪律检查机关应当担负起保障党员权利的职责，加强对党组织和领导干部履行党员权利保障工作职责情况的监督检查，受理和处置有关党员权利保障方面的检举、控告和申诉，检查和处理侵犯党员权利方面的案件，对侵犯党员权利的党组织和党员作出处理、处分决定或者提出处理、处分建议。

　　Article 42 The General Office (office) of the Party Committee, the Organization Department, the Publicity Department, the United Front Work Department, the Political and Legal Affairs Committee and the Party's Organ Work Committee shall, in light of their own functions and actual work conditions，抓好党员权利保障工作的落实；研究解决职责范围内党员权利保障工作的重要问题，向本级党委、纪委提出意见建议，为保障党员权利正常行使创造条件、提供服务。

　　Article 43 Primary-level Party organizations shall play the role of fighting fortress, strictly implement the laws and regulations on the protection of the rights of Party members, and ensure that Party members fully exercise their rights.Constantly understand the opinions and demands of Party members, promptly study and resolve them, and promptly handle or report to the Party organization at a higher level if the rights of Party members are found to have been violated。

　　Article 44 Leading cadres, especially senior cadres, shall set an example, take the lead in fulfilling the duties of party members, correctly exercising their rights as party members, improving their democratic literacy, treating comrades as equals, consciously fighting against ideas and phenomena of privilege, and creating a good atmosphere for Party members to actively exercise their rights。

　　Leading cadres shall follow and strictly implement the laws and regulations on the protection of Party members' rights, and support and encourage party members to exercise their rights normally。The main responsible comrades of Party organizations at all levels should assume the responsibilities of the first responsible person, strengthen the investigation and research on the protection of party members' rights and the construction of relevant mechanisms, promote the solution of prominent problems, and do a good job in the implementation of the protection of party members' rights in their respective regions and departments。

　　第四十五条　党组织和领导干部有下列侵犯党员权利情形之一的，应当依规依纪追究责任：

　　（一）不按照规定公开党内事务，侵犯党员知情权；

　　（二）违反民主集中制原则，压制、破坏党内民主，违规决定重大问题；

　　(3) violating organizational principles in the process of democratic recommendation, democratic assessment, democratic evaluation, examination and inspection, and intra-party elections, and by forcing, threatening, deceiving, or co-opting party members to independently exercise their rights to vote, vote, stand for election, etc.;

　　(4) to investigate a Party member for criticizing, exposing, reporting, accusing, defending, testifying, defending, appealing, and other acts in the normal exercise of his or her rights, or to take measures such as obstructing, suppressing, or retaliating against a Party Member in the normal exercise of his or her rights;

　　（五）泄露揭发、检举、控告等应当保密的信息；

　　（六）违规违法使用审查调查措施，侵犯党员合法权益；

　　(7) Passively dealing with the demands of Party members for the normal exercise of rights, shifting blame, and failing to solve them in a timely manner if they can be solved according to policies or relevant regulations;

　　（八）其他侵犯党员权利的情形。

　　Article 46 A Party member who improperly exercises his or her rights, damages the interests of the Party, the State and the people, and commits any of the following acts shall be investigated for responsibility in accordance with regulations and disciplines:

　　（一）公开发表违背党的理论路线方针政策和党中央重大决策部署的观点和意见；

　　(2) failing to criticize, expose, report, accuse, or request handling, punishment, dismissal, or removal in accordance with organizational principles and procedures, or spreading or disseminating at will;

　　（三）制作、发布、传播违反党的纪律或者法律法规规定的网络信息或者其他信息；

　　（四）捏造事实、伪造材料诬告陷害；

　　（五）其他不正确行使党员权利的行为。

　　Article 47 A Party organization at a higher level shall order it to make corrections if it violates the rights of a Party member;If the circumstances are serious, disciplinary responsibilities shall be investigated in accordance with relevant provisions。

　　For those who violate the rights of Party members, their party organizations or their higher party organizations can punish them by ordering them to stop their infringing acts, ordering them to make amends, criticizing and educating them, ordering them to inspect them, or admonishing them.If the circumstances are relatively serious, the organization shall be adjusted or dealt with in accordance with regulations, and Party discipline sanctions shall be imposed。

　　第四十八条　党组织和领导干部违反党章和其他党内法规的规定，不履行或者不正确履行保障党员权利的职责，造成严重后果或者恶劣影响的，应当按照管理权限由相关党委（党组）、党的纪律检查机关或者党的工作机关予以问责。

　　Article 49 Party members who have been investigated for Party discipline for violating the rights of Party members or who have been held accountable for dereliction of duty in safeguarding the rights of Party members，需要给予政务处分或者其他处理的，作出党纪处分决定、问责决定的党组织应当通报相关单位，由相关单位依法给予政务处分或者其他处理；构成犯罪的，依法追究刑事责任。

　　第五章　附则

　　第五十条　中央军事委员会可以根据本条例制定相关规定。

　　第五十一条　本条例由中央纪律检查委员会商中央组织部解释。

　　第五十二条　本条例自发布之日起施行。

 

 

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