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Disciplines complementary to rule of law

By Qiao Xinsheng | China Daily Africa | Updated: 2015-03-15 14:26

The regulations of the Party clearly provide the basis for Party's management

The rule of law and strictly regulating the Party are two of "Four Comprehensives" put forward by top leader Xi Jinping recently as a blueprint for realizing the rejuvenation of the nation.

A better understanding of the relationship between the rule of law and strictly regulating the Party will help people better understand China's anti-corruption campaign and why it will continue.

Some deem that the ruling Communist Party of China is superior to the rule of law, and the policies and guidelines mapped out by the Party, including its disciplines, are superior to the state's laws. This view conforms to China's decades-long reform and opening-up practices. The Party first drafted the policies and guidelines to push forward reform, and then the law was revised to fit the changes brought about when the reform was developed to a certain stage; which turned the Party's policies into national operative norms.

However, others believe that the Party's disciplines must be within the framework of the Constitution and the law, and they should only exist if they are in line with the law. When they violate the law, they should be abolished.

In fact, the communique that focuses on "comprehensively advancing the rule of law", which was passed by the Fourth Plenum of the 18th CPC Central Committee in October last year, resolved this difference.

It clearly states that the regulations of the Party provide the basis for the Party's management, and they guarantee the construction of the country with a socialist rule of law. The regulations and disciplines of the Party are more rigid than the state's laws, and they are an essential part of the anti-corruption system and the most basic code of conduct for all Party members.

Usually the Party's discipline inspection commissions are responsible for investigating suspected corruption. According to the CPC's regulations, the discipline inspection officials are empowered to check any files or data of suspects, and to talk with suspects to better understand their situation. More importantly, the discipline inspection officials can request the suspects answer inquiries at a designated place and time when necessary. It's a way of self-disciplining the Party, and has proven effective in the fight against corruption.

Reinforcing the internal rules of the Party under the strategy of comprehensively running the Party strictly produces a good work style. It has been a long-established rule of the Party to turn down offers of favors, treats or gifts and uphold good moral integrity.

This is applied not only to the working lives but also the personal lives of the Party members. In some graft cases recently, "adultery" was revealed in the reports of the discipline inspection investigations. It reflects that the Party puts much emphasis on both the social and private morality of Party officials. Those who have improper sexual relations will not get a legal penalty, but in line with the CPC's rules, they would receive a demotion or even deposition. All these indicate that the Party is setting a higher standard for its members.

The CPC has worked out a complete system and a systematic strategy to fight against corruption. The anti-corruption strategies have been working effectively, including the actions specially targeting the "big tigers", or senior officials, and dispatching inspection teams to Party organs, government departments and state-owned enterprises to accept the reports from the public.

The influential anti-corruption campaign of the CPC meets the demands of China's efforts to deepen reform, which is also necessary to reinforce the foundations for the CPC's rule and improve its credibility. The campaign will continue and more "big tigers" will be caught. The discipline inspection commissions of the CPC are advised to increase the transparency of their anti-corruption efforts, fully satisfy the public's right to know and right of supervision. Meanwhile, China's democratic political system should be improved continuously as the anti-corruption campaign is carried out so as to ensure the anti-corruption efforts meet their goal.

The author is dean of the Anti-Corruption Research School of Zhongnan University of Economics and Law. The views do not necessarily reflect those of China Daily.

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