Chapter VI: Party Cadres
Article 33 Party cadres are the backbone of the Party's cause and public servants of the people. The Party selects its cadres according to the principle that they should possess both political integrity and professional competence, adheres to the practice of appointing people on their merits and opposes favoritism; it exerts genuine efforts to make the ranks of the cadres more revolutionary, younger in average age, better educated and more professionally competent.
The Party attaches great importance to education, training, selection and assessment of cadres, especially to the training and selection of outstanding young cadres. The Party actively promotes the reform of the cadre system.
The Party attaches great importance to the training and promotion of women cadres and cadres from among the ethnic minorities.
Article 34 Leading Party cadres at all levels must show exemplary performance in carrying out their duties as Party members prescribed in Article 3 of this Constitution and must meet the following basic requirements:
(1) Know Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory well enough to perform their duties, earnestly put the important thought of Three Represents into practice, try hard to analyze and solve practical problems with the stand, viewpoint and methods of Marxism, keep stressing study, political awareness and integrity, and be able to stand the test of all trials and tribulations.
(2) Have the grand ideal of communism and firm conviction in socialism with Chinese characteristics, firmly implement the Party's basic line, principles and policies, be determined to carry out the reform and opening to the outside world, devote themselves to the cause of modernization and work hard to start undertakings and make solid achievements in socialist construction.
(3) Persist in emancipating their minds, seeking truth from facts, keeping pace with the times and blazing new trails in a pioneering spirit; conduct earnest investigations and studies so as to be able to integrate the Party's principles and policies with the actual conditions in their localities or departments and work efficiently; tell the truth, do practical work, seek tangible results and oppose formalism.
(4) Be fervently dedicated to the revolutionary cause and imbued with a strong sense of political responsibility, have practical experience, and be qualified for leading posts in organizational ability, general education and vocational knowledge.
(5) Properly exercise the power invested in them by the people, handle matters according to law, be upright and clean and work diligently for the people, set an example by their own actions, work hard and live simply, maintain close ties with the masses, uphold the Party's mass line, conscientiously accept the criticism and supervision of the Party and the masses, exercise self-respect, self-examination, self-caution and self-motivation, combat bureaucratism, and fight against malpractices such as abuse of power for personal gain.
(6) Uphold the Party's system of democratic centralism, maintain a democratic style of work, take the overall situation into consideration, and be good at uniting and working with other comrades, including those who hold differing opinions.
Article 35 Party cadres should be able to cooperate with non-Party cadres, respect them and be open-minded in learning from their strong points.
Party organizations at all levels must be good at discovering and recommending talented non-Party cadres with practical learning for leading posts, and ensure that the latter enjoy authority commensurate with their posts and can fully play their roles.
Article 36 Leading Party cadres at all levels, whether elected through democratic procedure or appointed by a leading body, are not entitled to lifelong tenure, and they can be transferred from or relieved of their posts.
Cadres no longer fit to continue working due to old age or poor health should retire according to the regulations of the state.
Chapter VII: Party Discipline
Article 37 Party discipline refers to the rules of conduct that must be observed by Party organizations at all levels and by all Party members. It is the guarantee that the unity and solidarity of the Party are safeguarded and that the tasks of the Party are accomplished. Party organizations must strictly observe and maintain Party discipline. A Communist Party member must conscientiously act within the bounds of Party discipline.
Article 38 Party organizations should criticize, educate or take disciplinary measures against members who violate Party discipline, depending on the nature and seriousness of their mistakes and in the spirit of "learning from past mistakes to avoid future ones, and curing the sickness to save the patient".
Party members who have seriously violated criminal law shall be expelled from the Party.
It is strictly forbidden in the Party to take any measures against a member that contravene the Party Constitution or the laws of the state, or to retaliate against or frame a member. Any offending organization or individual must be dealt with according to Party discipline and the laws of the state.
Article 39 There are five measures for enforcing Party discipline: warning, serious warning, removal from Party posts, probation within the Party, and expulsion from the Party.
The period for which a Party member is placed on probation shall not exceed two years. During that period, the Party member concerned has no right to participate in voting or elections or stand for election. A Party member who during that time truly rectifies his mistake shall have his rights as a Party member restored. Party members who refuse to mend their ways shall be expelled from the Party.
Expulsion is the ultimate Party disciplinary measure. In deciding on or approving an expulsion, Party organizations at all levels should study all the relevant facts and opinions and exercise extreme caution.
Article 40 Any disciplinary measure to be taken against a Party member must be discussed and decided on at a general membership meeting of the Party branch concerned, and reported to the primary Party committee concerned for approval. If the case is relatively important or complicated, or involves the expulsion of a member, it shall be reported to a Party commission for discipline inspection at or above the county level for examination and approval, in accordance with the specific situation. Under special circumstances, a Party committee or a commission for discipline inspection at or above the county level has the authority to decide directly on disciplinary measures to be taken against a Party member.
Any decision to remove a member or alternate member of the Central Committee or a local committee at any level from his posts within the Party, to place such a person on probation within the Party or to expel him from the Party must be approved by a two-thirds majority vote at a plenary meeting of the Party committee to which he belongs. In special circumstances, the decision may be taken first by the Standing Committee of the Political Bureau of the Central Committee or the standing committee of a local Party committee, pending confirmation at the plenary meeting of the Party committee. Such a disciplinary measure against a member or alternate member of a local Party committee is subject to approval by the higher Party committee.
A member or alternate member of the Central Committee who has seriously violated the criminal law shall be expelled from the Party on decision by the Political Bureau of the Central Committee; a member or alternate member of a local Party committee who has seriously violated criminal law shall be expelled from the Party on decision by the standing committee of the Party committee at the corresponding level.
Article 41 When a Party organization is deciding on a disciplinary measure against a Party member, it should investigate and verify the facts in an objective way. The Party member in question must be informed of a decision regarding any disciplinary measure to be taken and of the facts on which it is based. The person concerned must be given a chance to account for himself and speak in his own defense. If the member does not accept the decision, he can appeal, and the Party organization concerned must promptly deal with or forward his appeal, and must not withhold or suppress it. Those who cling to erroneous views and unjustifiable demands shall be educated by criticism.
Article 42 If a Party organization fails to uphold Party discipline, it must be investigated.
In case a Party organization seriously violates Party discipline and is unable to rectify the mistake on its own, the next higher Party committee should, after verifying the facts and considering the seriousness of the case, decide on the reorganization or dissolution of the organization, report the decision to the Party committee at the next higher level for examination and approval, and then formally announce and carry out the decision.
Chapter VIII: Party Organs for Discipline Inspection
Article 43 The Party's Central Commission for Discipline Inspection functions under the leadership of the Central Committee of the Party. The Party's local commissions for discipline inspection at all levels and primary commissions for discipline inspection function under the dual leadership of the Party committees at the corresponding levels and the next higher commissions for discipline inspection.
The Party's commissions for discipline inspection at all levels serve a term of the same duration as the Party committees at the corresponding levels.
The Party's Central Commission for Discipline Inspection elects, in plenary session, its standing committee, secretary and deputy secretaries and reports the results to the Central Committee for approval. Local commissions for discipline inspection at all levels elect, at their plenary sessions, their respective standing committees, secretaries and deputy secretaries. The results of the elections are subject to endorsement by the Party committees at the corresponding levels and should be reported to the next higher Party committees for approval. The question of whether a primary Party committee should set up a commission for discipline inspection or simply appoint a discipline inspection commissioner shall be determined by the next higher Party organization in light of the specific circumstances. The committees of general Party branches and Party branches shall have discipline inspection commissioners.
The Party's Central Commission for Discipline Inspection shall, when its work so requires, accredit discipline inspection groups or commissioners to Party or state organs at the central level. Leaders of the discipline inspection groups or discipline inspection commissioners may attend relevant meetings of the leading Party organizations in the said organs as non-voting participants. The leading Party organizations in the organs concerned must support their work.
Article 44 The main tasks of the Party's commissions for discipline inspection at all levels are as follows: to uphold the Constitution and other statutes of the Party, to check up on the implementation of the line, principles, policies and decisions of the Party and to assist the respective Party committees in improving the Party's style of work and in organizing and coordinating the work against corruption.
The commissions for discipline inspection at all levels shall frequently provide education for Party members on their duty to observe Party discipline and adopt decisions for the upholding of Party discipline; they shall supervise Party members holding leading positions in exercising their power; they shall examine and deal with relatively important or complicated cases of violation of the Constitution or other statutes of the Party by Party organizations or Party members and decide on or rescind disciplinary measures against Party members involved in such cases; they shall deal with complaints and appeals made by Party members; and they shall guarantee the rights of Party members.
The commissions for discipline inspection at all levels shall report to the Party committees at the corresponding levels on the results of their handling of cases of special importance or complexity, as well as on the problems encountered. The local commissions for discipline inspection at all levels and primary commissions for discipline inspection shall also present such reports to the higher commissions.
If a commission for discipline inspection at any level discovers any violation of Party discipline by a member of the Party committee at the corresponding level, it may take the initial step of verifying the facts and, if it is necessary to put a case on file, it should report to the Party committee at the corresponding level for approval, and if a member of the standing committee of the Party committee is involved, it should first report to the Party committee at the corresponding level and then to the commission for discipline inspection at the next higher level for approval.
Article 45 Higher commissions for discipline inspection have the power to examine the work of the lower commissions and to approve or modify their decisions on any case. If decisions so modified have already been ratified by the Party committee at the corresponding level, the modification must be approved by the next higher Party committee.
If a local commission for discipline inspection or a primary commission for discipline inspection does not agree with a decision made by the Party committee at the corresponding level in dealing with a case, it may demand the commission at the next higher level to reexamine the case; if a local or primary commission discovers cases of violation of Party discipline by the Party committee at the corresponding level or by its members, and if that Party committee fails to deal with them properly or at all, it has the right to appeal to the higher commission for assistance in dealing with such cases.
Chapter IX: Leading Party Members' Groups
Article 46 A leading Party members' group may be formed in the leading body of a central or local state organ, people's organization, economic or cultural institution or other non-Party unit. The group plays the role of the core of leadership. Its main tasks are: to see to it that the Party's line, principles and policies are implemented, to discuss and decide on matters of major importance in its unit, to do well in managing affairs concerning cadres, to unite with the non-Party cadres and the masses in fulfilling the tasks assigned by the Party and the state and to guide the work of the Party organization of the unit and those directly under it.
Article 47 The composition of a leading Party members' group is decided by the Party organization that approves its establishment. The group shall have a secretary and, if necessary, deputy secretaries.
A leading Party members' group must accept the leadership of the Party organization that approves its establishment.
Article 48 Party committees may be set up in state organs which exercise centralized leadership over their subordinate units. The Central Committee of the Party shall provide the specific procedure for their establishment and define their functions, powers and tasks.
Chapter X: Relationship Between the Party and the Communist Youth League
Article 49 The Communist Youth League of China is a mass organization of advanced young people under the leadership of the Communist Party of China; it is a school where a large number of young people learn about socialism with Chinese characteristics and about communism through practice; it is the Party's assistant and reserve force. The Central Committee of the Communist Youth League functions under the leadership of the Central Committee of the Party. The local chapters of the Communist Youth League are under the leadership of the Party committees at the corresponding levels and of the higher organizations of the League itself.
Article 50 Party committees at all levels must strengthen their leadership over the Communist Youth League organizations and pay attention to selecting and training League cadres. The Party must firmly support the Communist Youth League in the lively and creative performance of its work to suit the characteristics and needs of young people, and give full play to the League's role as a shock force and as a bridge linking the Party with great numbers of young people.
Those secretaries of League committees at or below the county level or in enterprises and institutions who are Party members may attend meetings of Party committees at the corresponding levels and meetings of their standing committees as non-voting participants.
Chapter XI: Party Emblem and Flag
Article 51 The emblem of the Communist Party of China is a design of sickle and hammer.
Article 52 The flag of the Communist Party of China is a red flag highlighted by a golden Party emblem on it.
Article 53 The Party emblem and flag are the symbol and sign of the Communist Party of China. Party organizations at all levels and all Party members shall safeguard the sanctity of the Party emblem and flag. Party emblems and flags should be made and used according to regulations.
