汽车分期付款买卖问题研究

汽车分期付款买卖问研究 目 录 一. 汽车分期付款买卖中保险问题概述 ............................................................................ 2 二(我国汽车消费贷款保证保险发展概况......................................................................... 2 2.1车贷险的产生和发展 ........................................................................................... 3 2.2 新旧车贷险的比较分析....................................................................................... 3 2.3 新车贷险的现状 ................................................................................................. 4 三. 目前车货险市场发展存在的风险与问题 ..................................................................... 5 3.1杜会信用体系缺失是我国车贷险面临的最大风险 ................................................. 5 3.2保险公司自身的管理缺陷 .................................................................................... 6 3.3银保合作机制不成熟 ........................................................................................... 6 3.4银行与汽车经销商 .............................................................................................. 7 3.5保险公司与购车人 .............................................................................................. 7 3.6相关规定 ............................................................................................................ 8 四. 汽车买卖中保险办理所遇到的主要问题 ..................................................................... 8 4.1分期付款购车中汽车保险的风险负担转嫁问题 .................................................... 9 4.2分期付款购车保险的投保人选择 ......................................................................... 9 ......................... 10 4.3分期付款购车保险如何认定保险事故发生 ................................ 五. 对汽车分期买卖中保险的完善 ................................................................................. 10 5.1完善信用体系 ................................................................................................... 10 5.2 在保险公司内部建立“汽车金融服务”部门 ..................................................... 10 5.2.1银行方面 .................................................................................................11 六.结论 ..........................................................................................................................11 1 汽车分期付款买卖中保险问题研究 摘要:近年来,随着“消费贷款”这一新的信贷品种逐渐为民众所接受,汽车分期付款买卖中保险“问题”也开始凸现,因此研究这一问题以及如何解决之,则为保险学人和研究者的责任。本文将对汽车分期付款买卖中的保险利益、风险负担转嫁、投保时的投保人选择、保险事故认定、诉权等问题作出论述。 关键词:汽车;保险利益;风险负担;诉权 一. 汽车分期付款买卖中保险问题概述 汽车分期付款买卖中存在的保险问题，一般来说就是保险公司依据保险的约定，当购车人没有按照分期付款购车合同，或汽车消费贷款合同约定偿还到期车款，或到期贷款，以致给被保险人汽车销售商，或贷款机构造成损失时，由保险公司承担给付保险金责任的财产保险。实践中，此保险合同一般存在三方当事人:投保人，即购车人;保险人，即汽车厂商或金融贷款机构指定的保险公司;被保险人，即汽车厂商或金融贷款机构。而“汽车消费贷款保证保险”也慢慢成为汽车分期付款买卖中的保险制度的主要险种。 二(我国汽车消费贷款保证保险发展概况 汽车消费贷款保证保险，简称车贷险，是指购车人在向银行申请汽车贷款时，除将所购之车作为抵押物外，还向保险公司申请购买车贷保证保险。是由消费贷款的购车人投保，由保险公司承保的，对借款人未能如约履行借款合同而给贷款人造成的损失进行补偿的保险合同。当然，为了防范风险，银行也可以就自己所投放的购车贷款而投保信用保险。保险公司在其中起到担保人的角色。 2 2.1车贷险的产生和发展 1995年，为刺激汽车消费需求有效增长，“上汽”集团首次与国内金融机构联合推出了汽车贷款消费之后，部分国有商业银行应一些汽车生产厂商要求，相继在一定范围和规模之内，尝试性地开展了汽车消费信贷业务，但由于缺少相应经验和有效的风险控制手段，以致央行于19%年9月下令停办汽车信贷业务，至1998年底，形成了我国汽车消费信贷的第一次起落。1998年9月开始，国内车市日渐升温，央行出台了一系列法规将汽车信贷业务作为国有商业银行改善信贷结构、优化信贷资产质量的重要途径。为了实现对此风险实现规避和转移，汽车消费贷款保证保险便应运而生。1998年9月11日，中国人民银行颁布《汽车消费贷款管理办法》正式标志车贷险的产生。同年下半年，中国人保推出《分期付款购车合同履约保险》，1999年又更新为《机动车消费贷款保证保险条款(试行)》，太平洋产险也于1999年9月推出《分期付款购车履约保证保险条款》，华泰、大众等产险公司也纷纷开办汽车消费信贷保证保险，针对各商业银行开办的汽车消费贷款业务，开办了第一代汽车消费信贷保证保险。 银行、保险公司、汽车经销商三方合作的模式形成，成为推动汽车消费信贷高速发展的主流，我国汽车消费信贷迎来了大发展时期。截止2加3年上半年，汽车消费信贷占整个汽车消费总量的比例已达20%以上。但从2003年下半年起，由于汽车消费信贷业务规模的盲目扩大和恶性竞争，风险日渐突出，保险公司因车贷险赔付率猛增而纷纷“撤退”，银行为求自保相继提高放贷的“门槛”，导致汽车消费信贷业务急剧萎缩，我国汽车消费信贷步入严冬阶段，到2003年底已到达名存实亡的地步。最终中国保监会于2003年1月发布《通知》，要求截止到2006年3月7日各保险公司现行车贷险条款费率一律废止，早已名存实亡的车贷险被正式划上句号。旧车贷险业务失败后，保险公司进行了认真反思，重新推出了“个人汽车消费贷款保证保险”，即所谓的新车贷险。 2.2 新旧车贷险的比较分析 新车贷险较旧车贷险有了很大的改善，设计理念更加人性化。从新的险种来看，确实从一定程度上降低了保险公司的风险，但仍会引起一些法律上的问题，并有可能在将来继续阻碍这类保险的发展。新车贷险有一个突出特点就是银行、 3 保险公司、车商、中介机构等各个环节都需加强信贷个人资信评估和风险审查评估。 2.3 新车贷险的现状 2005年4月，中国人民财产保险股份有限公司、中国太平洋财产保险股份有限公司、天安保险股份有限公司和永安财产保险股份有限公司4家公司向保监会报备了6个新开发的车贷险产品，并获得了批准。2006年4月1日新版车贷险重返市场，但遗憾的是市场反应很冷淡，买家寥寥。 同年，在众多产险公司苦于风险控制以及和银行、担保三方协调无力的情况下，作为新公司的安邦财险却高调宣布:在上海、北京、浙江、江苏等地，同步推出新一代车贷险。然而，尴尬的是近3年过去了，却没有一家产险公司跟进，以至于车贷险至今一直成为安邦财险的“独舞表演”。‘当然，作为沪上唯一经营车贷险业务的安邦财险，对车贷险的“吃喝”始终十分卖力。2006年和2007年，安邦车险保费收人占其总保费收人的93%左右，而车贷险虽然增长较快，但保费贡献度仍不足1%。2007年安邦财险只卖出了近2000件车贷险。 2007年，沪上车贷险保费收人186.55万元，同比增长近54%，似乎让人看到了车贷险复苏的苗头。然而，经营车贷险的保险公司仍然只有安邦一家，尽管吃喝的声音很大，车贷险怎么看都未成气候。 2008年北京、上海等地银行都表示已经不做车贷业务或者除原有的汽车品牌车贷合作以外，并没有增加新的汽车品牌。据一位汽车金融业内人士介绍，在国有商业银行中，开展汽车信贷业务最上规模的就是深圳发展银行和招商银行，其他很少有银行开展此类业务。全国乘用车联席会秘书长饶达认为，2007年末开始，媒体报道的扩大汽车消费信贷的信息，都是外商汽车金融机构的做法。全部外商汽车金融机构的资金仅有几百亿人民币，不足汽车一年销售额的3%，已经贷出的占了资金总量的一大半，对2的8年乘用车市场基本上不会有较大影响。另外，为了治理流动性过剩，国家已经采取了从紧的货币政策，有几十万亿资金的各个银行不会在2008年对汽车消费信贷有大动作，以防银行的坏账率升高。 2007年国有银行的车贷坏账为5的亿，这对银行的伤害很大。因为大多数银行都以车辆作为贷款抵押，一旦车价下降，有一些贷款消费者宁愿把车还给银 4 行也不愿意继续还款，造成银行坏账过高。而同样提供汽车信贷服务的汽车金融公司则大多要求提供第三方担保，坏账风险相对稍低，但是其有一个最大的缺点是贷款利率比银行高。 据统计，2006、2007两年来，中国一些地区通过银行办理的汽车贷款的车贷险平均赔付率为136%，个别地区甚至高达400%。 三. 目前车货险市场发展存在的风险与问题 3.1杜会信用体系缺失是我国车贷险面临的最大风险 目前我国以政府部门为主体的信息披露系统和以社会中介为主体的信用联合征集体系的建设才刚刚起步，缺乏权威大型信用评级机构，信用评级主要由一些规模不大的会计师事务所审计师事务所按照执业要求部分地承担对企业的信用评级职能，并不能满足对消费者进行信用评估的需要，没有信用体系作为制度约束和技术支持，企业与个人的综合信用状况很难掌握;同时，我国目前仅依据社会道德规范消费者行为，尚未建立有效的对失信的制约及惩罚机制，使失信的成本低廉;部分消费者信用观念淡薄，在没有建立起个人、企业金融信用体系的情况下，社会信用体系缺失最直接的反映就是个人信用风险过大，个人信用风险已成为阻碍车贷险业务健康发展的最大障碍。 第一，贷款购车人的信用风险。车贷险市场一车多贷，虚假购车骗贷，甚至提供假身份证、假户口证明、假工作单位等虚假资信材料恶意骗贷的行为时有发生，保户拖欠银行贷款情况严重。部分借款人一开始就是带着恶意诈骗的目的而贷款购车，他们要么因缺乏资金在贷款购车后便通过异地抵押等途径套取资金，要么就是贷款购车后人车同时失踪;另一些人则是信用意识缺乏，根本就不考虑自身经济实力，先贷款买车用了再说，但其履约还款能力往往不够;还有一些人本身是有经济偿付能力的，但信用意识十分淡薄，拒不履行还款义务。而根据保险公司与银行的合作协议及车贷险的相关条款，保户在一定期限(各公司规定通常为3个月)内如不按期偿还贷款，将由保险公司以支付赔款的方式代替保户偿还，保险公司就成为承担信用风险的唯一责任者，由于贷款逾期率过高，车货业务的高赔付率直接影响了保险公司的稳定经营。 5 第二，汽车经销商的信用风险。绝大部分车商在经营过程中只注重自身销售业绩，很少考虑如何降低消费市场风险;少数车商甚至与信用差、不具履约能力的购车人串通，帮助购车人骗取银行贷款;更有少数汽车经销商自成立起就抱着诈骗银行的目的，纯粹是借卖车之名行诈骗之实。 3.2保险公司自身的管理缺陷 车贷险业务作为一种新兴业务，保险公司还缺乏相应的精算和管理，在开展车贷险业务的过程中，一些公司为了扩大自己的市场份额，争取更多的保费收入，盲目扩大承保的责任范围，降低承保条件，业务不分良芳，造成了很大的经营风险。保险公司在争夺车贷险业务过程中保险公司承保车贷险的目的，在很大程度上是为了争夺由车贷险业务锁定的新车车辆保险以及第三者责任险的保险市场。由于车险市场竞争激烈，保险公司出于扩大自身机动车辆保险市场份额的考虑，不惜放宽对借款人投保车贷险资格的审查，对投保客户特别是汽车经销商施以各种优惠条件，对银行则竞相加大自己的负荷，客观上致使贷款银行对转嫁风险和放松信贷管理“有恃无恐”，对贷款逾期现象比较漠视。在实际业务中表现为:一是资信调查不严格，核保手续不规范，一些分支机构本来不具备开展这项业务的条件，却盲目上马;二是一些公司对资信调查不重视、不严格，有些基本流于形式，对于要求办理该项业务的，基本上是来者不拒，给一些信用度很差的客户。 以可乘之机。而正是由于保险公司的这种错误经营方法，造成了银行敢于通过降低汽车消费信贷发放标准来争夺汽车消费信贷市场，甚至违反有关规定以满足汽车经销商的不合理贷款要求，以致出现了一户多贷、恶性贷款、无效担保等现象，给最终承担贷款风险的保险公司造成了较大的经营风险。 3.3银保合作机制不成熟 旧车贷险中，银行要求保险公司返还一定比例的手续费或者佣金给银行，保险公司如果不同意，就无法成为被指定的保险公司，保险公司由于害怕失去新车保险市场而被迫妥协，从而降低了自己的盈利空间。新车贷险中，保险公司从承保流程、理赔流程以及实务操作等方面对车贷险条款进行了改进，设置了一些能较好规避车贷经营风险的承保条件、除外责任以及免赔率。例如，明确了保险公 6 司承担保险责任以银行向贷款人取得有效的抵押或质押为前提;保险公司对银行处理完债务人的抵押物后，对差额部分要先实行10%的免赔，然后再进行赔偿等。但是又增大了银行所承担的风险。此外，保险公司虽然承担了承包人因疾病、意外事故死亡或残疾而导致投保人不能履行还款义务，代投保人向银行全额赔付费偿还贷款本金及利息的责任，但这种保险事故在以年轻人为主购车群体的保险中发生的可能性极小，新车贷中保险公司在这方面承担的风险几乎为零，故银行无太大兴趣与保险公司合作看办新车贷险业务，是新车贷险业务遭遇市场冷漠的主要原因。 3.4银行与汽车经销商 旧车贷险中，由于保险公司承担了车贷险经营中几乎所有的风险，银行发放汽车消费贷款的时候，降低放贷门槛，对贷款人资信审查不严，甚至将资信审查交由汽车经销商来做，这样就为一些不法汽车经销商和购车人合伙骗贷、套贷创造了机会。新车贷险中，银行承担了部分风险，为了保障自己的利益不受损失，银行便希望在与汽车经销商合作开办汽车信贷的同时，汽车经销商也能为其承担部分风险，并以此作为双方合作开办汽车信贷的前提。但对于靠车贷险轻松换取银行贷款的汽车经销商而言，自己的收人也没有了百分之百的保障，这无疑是一沉重的打击。因此银行与汽车经销商探寻“风险共担、利益共享”的合作方式进展缓慢进而影响整个新车贷险业务的发展，是新车贷险发展现状的间接原因。 3.5保险公司与购车人 旧车贷险经营失败后，大部分保险公司重新评估了车贷险的风险，最终将新车贷险的目标客户群所定为家庭消费用车的个人。但从车贷险以往经营的事实来看，营运性质用车的集体或个人才是车贷险的真正需要者。同时，新车贷险的产品较旧车贷险没有更多特色吸引购车人，保险的保障范围也不能很好的满足购车人的需求。购车人认为仅仅把所交保费当成是为获取银行贷款而支付的“担保费”，除此之外，产品无任何附加的保障功能，所付成本太高。保险公司缩小车贷险目标客户群，以及新车贷险产品功能存在却按不能真正满足购车人的需求是其不备市场接受根本原因所在。 7 3.6相关规定 保监会关于限定承保车辆种类仅为消费性车辆的要求及“保险公司可以要求投保人对贷款所购车辆投保机动车保险，但不得要求投保人必须在本公司投保机动车辆保险”的规定，不仅限制于车贷险的发展，其割裂车贷险和车险的做法，在实务中也很难得到执行。很多的财险保险公司，坚持做车贷险业务就是为了提高其公司的知名度，以争取到更多的车险业务和更高的保费。 四. 汽车买卖中保险办理所遇到的主要问题 4.1分期付款购车中汽车保险的风险负担转嫁问题 以汽车抵押式分期付款购车的,汽车的所有权自汽车交付时起即转移给购买 所有权应承担标的物上的全部风险,故购买者应承担汽车上者。依风险负担原理, 的风险负担,同时双方基于合同关系继续存在,因而购买者还得支付残余的各期价金,此时,应该由购买者负责保险事宜;以所有权保留方式分期付款购车的,购买者对汽车只有使用受益权,没有所有权,出卖人对汽车拥有所有权。依风险负担原理,汽车上的风险应由出卖人负责,因此,其保险也应由出卖者承担。风险无论是谁负担,都不能减免保险人在分期付款购车保险业务中的信用风险问题。在我国现阶段,公民信用体系尚未形成,社会总体信用等级不高,这种保险的承保危险性较大。一方面因为首付款过低,加之汽车不断迅速降价贬值,汽车消费贷款的违约率较高;另一方面不法车行以贷款购车名义骗得巨额银行资金,卷款而逃的情况出时有发生,据悉一家保险公司不得不面对银行的7000万元巨额索赔,而另一家保险公司的理赔额超过了两亿元!银行的贷款不能得到如期偿还,可以在保险公司拿到保险金,但保险公司向购车人追索,能执行回来的可能性是比较渺茫的。因此,保险公司在开拓业务的同时,必须采取必要的措施严格控制风险。 1、从源头上抓起,只和那些规模较大、经营状况良好、信用等级较高的汽车经销商合作,同时从“间客模式”向“直客模式”转化,即车行向银行、保险公司递交购车客户资料(这种情况很容易造假)转化为由保险公司和银行合作,自己寻找购车客户,根据其信用等级,预先给予他一笔贷款额度,让他去指定的车行买车, 8 和车行签订购车合同后,保险公司出具保单,银行发放贷款。这样,银行、保险公司占据主动权,而车行处于从属地位,很难实施虚假销售行为。 2、保险公司应加强对购车人的资信审查。在汽车消费贷款中,对贷款人资格的审查是贷款银行的权利和义务,但在实践中,由于银行业务品种及人员、时间的因素,不可能派出大量人员从事该项业务审查工作,往往走过场。在这种情况下,保险公司直接对购车人的资信审查尤为重要。 3、与交通管理部门通力合作,能够手续简便、快速的办理汽车抵押登记业务,使汽车的过户交易受到严密监控,阻止车主转让、交易,从而降低保险公司的风险。 4、改革担保和保险合同,将风险分散到银行、保险公司、汽车经销商三方,对银行增加免赔额的规定,对经销商规定自负额,保险公司承担较大的比例,同时让购车人提高首付比例,实行以“非汽车”物品为担保方式。 4.2分期付款购车保险的投保人选择 分期付款购车保险,其关键是由谁来购买保险,三种人有购买此保险的保险利益权利,即提供贷款的银行、汽车生产厂家或销售公司和购车族。在分期付款购车业务中,经销商为保证有效回收资金,往往希望拥有实力与信誉的保险公司介入其中。由此,分期付款购车履约保证保险业务应运而生。该业务活动有两份主要的合同文件。一份是由经销商与购车人(单位或者个人)签订的《分期付款购车合同》,另一份是由经销商(作为被保险人)、购车人(作为被保证人)和保险公司(保险人)共同签订的《履约保证保险合同》。两份合同存在着主从关系。前者为主合同,后者为从合同,后者以前者的存在并生效为前提。主合同不能成立,从合同就不能有效成立;主合同转让,从合同也不能单独存在;主合同被宣告无效或撤销,从合同也将失去效力;主合同终止,从合同亦随之终止。实践中较常发生的是,在合同履行期内,经销商和购车人就分期付款购车合同达成变更协议或者向第三人转移债权债务,而没有反馈通知保险公司(保险人),导致履约保证保险合同失效,从而使经销商遭受利益损失。 9 4.3分期付款购车保险如何认定保险事故发生 在汽车分期付款购车保险中,有时会出现债务人因工作繁忙、出差、一时大意,或暂时资金周转不开,或故意拖欠贷款等原因没有按时还贷,但经过催款后能够还款的情况。这时,由于银行对逾期贷款通常都有一定的额度限制,希望一发生逾期保险公司就马上支付赔款;但对保险公司来说,若只要出现逾期保险人就支付赔款,那么当保险人向债务人追偿债务,债务人申请分期还款而又无力偿还所有欠款时则相当麻烦,使保险人处于接受分期还款和处理抵押车辆的两难境地。但对购车人违约行为达到何种程度,即连续多长时间未付车款成为认定保险事故发生的条件,存在着不同的看法。笔者认为,应以连续四个月未付款为认定保险事故已经发生的条件。因为,期间要求过短,将大大提高保险事故发生率,使更多可以简单化的程序不适当地复杂化;而期间过长,如等合同期满,购车人仍不交款再认定保险事故发生,再由经销商向保险公司索赔,则会增加经销商的风险,也使保险公司的追偿变得困难。实际上,要解决这一问题可以在汽车消费贷款保证保险中引入人寿保险中两个标准条款,即保费自动垫付条款和中止与复效条款。 如此操作,一是满足了银行对逾期贷款额度的要求;二是有利于保险人减少真正赔案数量,降低实际赔款支出;三是给予了投保人更优惠的条件,可增强保单的吸引力;四是可以最大限度的减少支付赔款后债务人又申请还款所带来的麻烦。为防止债务人故意利用本条款拖欠贷款,可约定复效次数或收取代偿手续费等。 五. 对汽车分期买卖中保险的完善 5.1完善信用体系 现有的金融机构对借款人的偿还能力和资信状况基本上不做信用评估或流于形式，银行只是简单将风险转移到保险公司及经销商，不考虑消费者信用的价值，这样就加重了消费者的负担。一套完整、规范的个人信用制度，不仅包括一个发达的征信系统，而且还要包括完善的评估体系、信用担保体系等一系列相关制度体系。首先必须立法，通过对信用立法，规范信用行为当事人的权利、义务， 10 制定规范一致、公平合理的信用标准，明确信用管理机构、执行机构、执法机构等组织机构形式，规范失信行为的内容、法律衡量标准及处罚措施等。其次建立科学有效的个人信用征询系统和科学的个人信用评估体系。 5.2 在保险公司内部建立“汽车金融服务”部门 自2003年暂停车贷险后，专业的汽车金融服务机构和担保公司开始活跃起来。由于风险要由公司自己承担，专业汽车金融服务机构对客户资信审查都非常严格。既然如此，在保险公司内部可以成立一个类似于汽车金融服务或担保机构的独立存在、风险自控的部门，同时加强培养懂保险、懂金融复合型人才，专门来负责车贷险的运作，建立起一套较为系统的风险控制体系和“客户资讯评估系统”，从而对客户进行筛选，公司自己控制和减少车贷风险。 5.2.1银行方面 1、降低汽车消费贷款利率并根据不同地区实行区别利率目前的车贷的利率相对偏高，车价下降的时候，汽车的价值远没有贷款高，加上较短的还款期限，对于购车者有较重的还款负担。建议根据各地经济发展不同，实行基准利率和浮动利率相结合，由当地银行根据市场实际情况对贷款利率进行上下浮动，用灵活多变的机制应对市场变化。 2、完善贷款品种，让消费者有更多的选择。中国各家商业银行可以根据自身的实际情况，制定相关的汽车信贷模式，不但丰富了贷款品种，同时也适应了市场发展的要求。 3、加强贷前调查工作，让风险规避在萌芽中。例如:人保条款第六条第3款规定:“被保险人(银行)未按规定对对投保人进行资信调查或按规定程序进行贷款审批的保险人不负责赔偿责任”。所以各家商业银行应该根据《贷款通则》的要求，严格贷前审查制度，对于客户的还款能力进行详尽的审查，保证每一笔贷款放得出去，收得回来。 4、加快建立汽车消费贷款电子化管理系统。由于汽车消费贷款期限长、还款次数多，业务办理涉及到银行多个部门，且分期还款计算比较繁琐，工作量大，容易出错，易造成业务风险，同时在一定程度上影响汽车消费贷款的发展，因此 11 银行在开办汽车消费贷款以后，应当开发自动拨号催收、自动还贷收息、会计核算的操作软件。 六.结论 私人汽车进入我国普通家庭是当今的一个热门话题。但是由于受到收入水平的限制,要求普遍购车者一次性付款还较困难,因而许多商家纷纷推出折衷消费新方式——分期付款。自1997年7月中国人民银行总行正式批复中国平安保险公司的“分期付款购车保险”条款,随后不久又批复了中国太平洋保险公司推出的“分期付款购车合同履约保险”条款,从此开始了我国私人购车的新领域,她给我国一向低迷的汽车市场注入了一股新的活力,可以预计,分期付款将是我国工薪消费者的购买私人汽车的主要手段。但对保险公司来说是一项新的事情,诸如分期付款制下保险利益问题、分期付款买卖中的法律问题、分期付款制下的风险 无一不需要保险人的重视。大力发展完善汽车分期付款保险可以控制问题等等, 保证人民利益，稳定社会秩序。 参考文献: [1]王涛,《如何经营好机动车消费信贷保险》,《中国保险管理干部学院学报》2002年第2期 [2]张牧,《分期付款和返还销售对可保利益与保险价值的影响》,《四川保险》1996年第2期 [3]沈明刚,《试论实施机动车保险风险等级费率之必要》,《上海保险》2001年第6期 [4]王新刚,《保险诚信中国造!》,《保险文化》2002年第12期 [5]侯值勤,《谈分期付款购车保险》,《中国保险报》2003年2月12日 12 (英文版 ) Two regulations promulgated for implementation is in the party in power for a long time and the rule of law conditions, the implementation of comprehensive strictly strategic plan, implementation in accordance with the rules and discipline to manage the party, strengthen inner-party supervision of major initiatives. The two regulations supporting each other, the < code > adhere to a positive advocate, focusing on morality is of Party members and Party leading cadres can see, enough to get a high standard; < rule > around the party discipline, disciplinary ruler requirements, listed as "negative list, focusing on vertical gauge, draw the party organizations and Party members do not touch the" bottom line ". Here, the main from four square face two party rules of interpretation: the first part introduces two party Revised regulations the necessity and the revision process; the second part is the interpretation of the two fundamental principles of the revision of laws and regulations in the party; the third part introduces two party regulations modified the main changes and needs to grasp several key problems; the fourth part on how to grasp the implementation of the two regulations of the party. < code > and < Regulations > revised the necessity and revised history of the CPC Central Committee the amendment to the Chinese Communist Party members and leading cadres honest politics several guidelines > and < Chinese Communist Party discipline and Punishment Regulations > column 1 by 2015 to strengthen 13 party laws and regulations focus. Two party regulations revision work lasted a Years, pooling the wisdom of the whole party, ideological consensus, draw historical experience, respect for the wisdom of our predecessors, which reflects the unity of inheritance and innovation; follow the correct direction, grasp the limited goals, adhere to the party's leadership, to solve the masses of the people reflect a focus on the problem. The new revision of the < code > and < rule >, reflects the party's 18 and the eighth session of the third, the spirit of the fourth plenary session, reflecting the experience of studying and implementing the General Secretary Xi Jinping series of important speech, reflects the party's eighteen years comprehensive strictly practice. (a) revised two regulations of the party need of < the ICAC guidelines > in < in 1997 Leaders as members of the Communist Party of China clean politics certain criteria (Trial) > based on revised, the promulgation and implementation of January 2010, to strengthen the construction of the contingent of leading cadres play an important role. But with the party to manage the party strictly administering the deepening, has not been able to fully meet the actual needs. Content is too complicated, "eight prohibition, 52 are not allowed to" hard to remember, and also difficult to put into practice; the second is concisely positive advocated by the lack of prohibited provisions excessive, no autonomy requirements; the third is banned terms and discipline law, both with the party discipline, disciplinary regulations 14 repeat and Criminal law and other laws and regulations repeat; the fourth is to "clean" the theme is not prominent, not for the existing problems, and is narrow, only needle of county-level leading cadres above. < rule > is in 1997 < Chinese Communist Party disciplinary cases (Trial) > based on revision, in December 2003 the promulgation and implementation, to strengthen the construction of the party play very important role. Along with the development of the situation, which many provisions have been unable to fully meet the comprehensive strictly administering the practice needs. One is Ji law, more than half of the provisions and criminal law and other countries laws and regulations Repetition; two is the political discipline regulations is not prominent, not specific, for violation of the party constitution, damage the authority of Party Constitution of misconduct lack necessary and serious responsibility to pursue; third is the main discipline for the leading cadres, does not cover all Party members. Based on the above situation, need to < the criterion of a clean and honest administration > and < rule > the two is likely to be more relevant regulations first amendment. By revising, really put the authority of Party discipline, the seriousness in the party tree and call up the majority of Party members and cadres of the party constitution of party compasses party consciousness. (II) two party regulations revision process the Central Committee of the Communist Party of China attaches great importance to two regulations revision . Xi Jinping, general books recorded in the Fifth 15 Plenary Session of the eighth session of the Central Commission for Discipline Inspection, on the revised regulations < > made clear instructions. According to the central deployment, the Central Commission for Discipline Inspection from 2014 under six months begin study two regulations revision. The Standing Committee of the Central Commission for Discipline Inspection 4 review revised. Comrade Wang Qishan 14 times held a special meeting to study two regulations revision, amendment clarifies the direction, major issues of principle, path and target, respectively held a forum will listen to part of the province (area) secretary of the Party committee, Secretary of the Discipline Inspection Commission, part of the central ministries and state organs Department The first party committee is mainly responsible for people, views of experts and scholars and grassroots party organizations and Party members. Approved by the Central Committee of the Communist Party of China, on 7 September 2015, the general office of the Central Committee of the Party issued a notice to solicit the provinces (autonomous regions, municipalities) Party, the central ministries and commissions, state ministries and commissions of the Party (party), the General Political Department of the military, every 3 people organization of Party of two regulations revision opinion. Central Commission for Discipline Inspection of extensive solicitation of opinions, careful study, attracting, formed a revised sent reviewers. In October 8 and October 12, Central Committee Political 16 Bureau Standing Committee and the Political Bureau of the Central Committee After consideration of the two regulations revised draft. On October 18, the Central Committee of the Communist Party of China formally issued two regulations. Can say, two laws amendment concentrated the wisdom of the whole party, embodies the party. Second, < code > and < Regulations > revision of the basic principles of two party regulations revision work and implement the party's eighteen, ten eight plenary, the spirit of the Fourth Plenary Session of the Eleventh Central Committee and General Secretary Xi Jinping important instructions on the revised < low political criterion > and < Regulations >, highlighting the ruling party characteristics, serious discipline, the discipline quite in front of the law, based on the current, a long-term, advance as a whole, with Bu Xiuding independent < rule > and < rule >. Main principle is: first, adhere to the party constitution to follow. The constitution about discipline and self-discipline required specific, awaken the party constitution of party compasses party consciousness, maintaining the authority of the constitution. General Secretary Xi Jinping pointed out that "no rules, no side round. Party constitution is the fundamental law, the party must follow the general rules. In early 2015 held the eighth session of the Central Commission for Discipline Inspection Fifth Plenary Session of the 16th Central Committee, Xi Jinping again pointed out that constitution is the party must follow the general rules, but also the general rules." the revision 17 of the < code > and < rule > is Method in adhere to the regulations established for the purpose of combining rule of virtue is to adhere to the party constitution as a fundamental to follow, the constitution authority set up, wake up the party constitution and party rules the sense of discipline, the party constitution about discipline and self-discipline specific requirements. 4 second is to adhere to in accordance with the regulations governing the party and the party. The Party of rule of virtue "de", mainly refers to the party's ideals and beliefs, excellent traditional style. The revised the < code > closely linked to the "self-discipline", insisting on the positive initiative, for all members, highlight the "vital few", emphasized self-discipline, focusing on the morality, and the majority of Party members and the ideological and moral standards. The revised < > Ji method separately, Ji, Ji Yan to Method, as a "negative list", emphasizing the heteronomy, focusing on vertical gauge. Is this one high and one low, a positive reaction, the strict party discipline and practice results transformation for the integration of the whole party to observe moral and discipline requirements, for the majority of Party members and cadres provides benchmarking and ruler. Third, insist on to. In view of the problems existing in the party at the present stage, the main problems of Party members and cadres in the aspect of self-discipline and abide by the discipline to make clearly defined, especially the party's eighteen years strict political discipline and political rules, organization and discipline and 18 to implement the central eight provisions of the spirit against the four winds and other requirements into Disciplinary provisions. Not one pace reachs the designated position, focusing on in line with reality, pragmatic and effective. After the revision of major changes, major changes in the < code > and < rule > modified and needs to grasp several key problems (a) < code > < code > adhere to according to regulations governing the party and party with morals in combination, for at the present stage, the leadership of the party members and cadres and Party members in existing main problems of self-discipline, put forward principles, requirements and specifications, showing Communists noble moral pursuit, reflected at all times and in all over the world ethics from high from low 5 common requirements. One is closely linked to the "self-discipline", removal and no direct relation to the provisions of . the second is adhere to a positive advocate, "eight prohibition" 52 are not allowed to "about the content of the" negative list moved into synchronization amendment < cases >. Three is for all the party members, will apply object from the leadership of the party members and cadres to expand to all Party members, fully embodies the comprehensive strictly required. The fourth is prominent key minority, seize the leadership of the party members and cadres is the key, and put forward higher requirements than the ordinary Party members. Five is to simplify, and strive to achieve concise, easy to understand, easy to remember. The revised < code > is the ruling Party since the first insists on 19 a positive advocate forAll Party members and the self-discipline norms, moral declaration issued to all members of the party and the National People's solemn commitment. > < criterion of a clean and honest administration consists of 4 parts, 18, more than 3600 words. After the revision of the < code >, a total of eight, 281 words, including lead, specification and Party member cadre clean fingered self-discipline norms, etc. Part 3 members low-cost clean and self-discipline, the main contents can be summarized as "four must" "eight code". Lead part, reiterated on ideal and faith, fundamental purpose, the fine traditions and work style, noble sentiments, such as "four must" the principle of requirements, strong tone of self-discipline, The higher request for 6 and supervised tenet, the foothold in permanent Bao the party's advanced nature and purity, to reflect the revised standards requirements. Members of self-discipline norms around the party members how to correctly treat and deal with the "public and private", "cheap and rot" thrifty and extravagance "bitter music", put forward the "four norms". Party leader cadre clean fingered self-discipline norms for the leadership of the party members and cadres of the "vital few", around the "clean politics", from civil servant of the color, the exercise of power, moral integrity, a good family tradition and other aspects of the leadership of the party members and cadres of the "four norms" < > < norm norm. "The Party member's self-discipline norms" and "party members and leading cadre clean fingered self-discipline norms," a 20 total of eight, collectively referred to as the "eight". "Four must" and "eight" of the content from the party constitution and Party's several generation of leaders, especially Xi Jinping, general secretary of the important discussion, refer to the "three discipline and eight points for attention" statements, and reference some embody the Chinese nation excellent traditional culture essence of epigrams. (2) the revised regulations, the main changes in the revised Regulations > to fully adapt to the strictly requirements, reflects the according to the regulations governing the law of recognition of deepening, the realization of the discipline construction and Jin Ju. < rule > is party a ruler, members of the basic line and follow. And the majority of Party members and cadres of Party organizations at all levels should adhere to the bottom line of thinking, fear discipline, hold the bottom line, as a preventive measure, to keep the party's advanced nature and purity. 1, respect for the constitution, refinement and discipline. Revised < rule > from comprehensive comb physical constitution began, the party constitution and other regulations of the Party of Party organizations and Party discipline requirements refinement, clearly defined in violation of the party constitution will be in accordance with regulations to give the corresponding disciplinary action. The original 10 categories of misconduct, integration specification for political discipline, discipline, honesty and discipline masses Ji Law and discipline and discipline and other six categories, the content of < rule > 21 real return to Party discipline, for the majority of Party members and listed a "negative list. 7 2, highlighting the political discipline and political rules. > < Regulations according to the stage of the discipline of outstanding performance, emphasizing political discipline and political rules, organization and discipline, in opposition to the party's leadership and the party's basic theory, basic line, basic program and basic experience, the basic requirement of behavior made prescribed punishment, increase the cliques, against the organization such as violation of the provisions, to ensure that the central government decrees and the Party of centralized and unified. 3, adhere to strict discipline in the law and discipline In front, Ji separated. Revised < Regulations > adhere to the problem oriented, do Ji separated. Any national law existing content, will not repeat the provisions, the total removal of 79 and criminal law, repeat the content of the public security management punishment law, and other laws and regulations. In the general reiterated that party organizations and Party members must conscientiously accept the party's discipline, die van comply with national laws and regulations; at the same time, to investigate violations of Party members and even criminal behavior of Party discipline and responsibility, > < Regulations distinguish five different conditions, with special provisions were made provisions, so as to realize the connection of Party discipline and state law. 4, reflect Wind building and anti-corruption struggle of the latest achievements. < rule > the party's eighteen years 22 implement the spirit of the central provisions of the eight, against the requirements of the "four winds" and transformation for disciplinary provisions, reflecting the style construction is always on the road, not a gust of wind. In the fight against corruption out of new problems, increase the trading rights, the use of authority relatives profit and other disciplinary terms. Prominent discipline of the masses, the new against the interests of the masses and ignore the demands of the masses and other disciplinary terms and make provisions of the disposition and the destruction of the party's close ties with the masses. Discipline to protect the party's purpose. 8 of these regulations, a total of three series, Chapter 15, 178, more than 24000 words, after the revision of the regulations a total of 3 series, Chapter 11, 133, 17000 words, divided into "general" and "special provisions" and "Supplementary Provisions" Part 3. Among them, add, delete, modify the provisions of the proportion of up to nearly 90%. 1, the general general is divided into five chapters. The first chapter to the regulations of the guiding ideology, principles and scope of application of the provisions, highlight the strengthening of the party constitution consciousness, maintenance the authority of Party Constitution, increase the party organizations and Party members must abide by the party constitution, Yan Centralized centralized, would examine at all levels of the amended provisions implementing and maintaining Party discipline, and consciously accept the party discipline, 23 exemplary compliance with national laws and regulations. The second chapter of discipline concept, disciplinary action types and effects of the regulations, will be a serious warning from the original a year for a year and a half; increase the Party Congress representative, by leaving the party above (including leave probation) punishment, the party organization should be terminated its representative qualification provisions. The third chapter of the disciplinary rules of use prescribed in the discipline rectifying process, non convergence, not close hand classified as severely or heavier punishment. "Discipline straighten "At least eighteen years of five years, these five years is to pay close attention to the provisions of the central eight implementation and anti -" four winds ". The fourth chapter on suspicion of illegal party disciplinary distinguish five different conditions, with special provisions were made provisions, to achieve effective convergence of Party and country 9 method. < rule > the provisions of Article 27, Party organizations in the disciplinary review found that party members have committed embezzlement, bribery, dereliction of duty dereliction of duty and other criminal law act is suspected of committing a crime shall give cancel party posts, probation or expelled from the party. The second is < Regulations > Article 28 the provisions of Party organizations in the disciplinary review But found that party members are stipulated in the criminal law, although not involved in a crime shall be investigated for Party discipline and responsibility should 24 be depending on the specific circumstances shall be given a warning until expelled punishment. This situation and a difference is that the former regulation behavior has been suspected of a crime, the feeling is quite strict, and the latter for the behavior not involving crime, only the objective performance of the provisions of the criminal code of behavior, but the plot is a crime to slightly. < Regulations > the 29 provisions, Party organizations in the discipline review found that party members and other illegal behavior, affect the party's image, the damage to the party, the state and the people's interests, we should depend on the situation Seriousness given disciplinary action. The loss of Party members, seriously damaging the party's image of behavior, should be given expelled from the party. At this article is party member is in violation of the criminal law outside the other illegal acts, such as violates the public security administration punishment law, customs law, financial laws and regulations behavior. The fourth is < cases > Article 32 stipulates, minor party members and the circumstances of the crime, the people's Procuratorate shall make a decision not to initiate a prosecution, or the people's court shall make a conviction and exempted from criminal punishment shall be given within the party is removed from his post, probation or expelled from the party. Party members and crime, sheets were fined in accordance with For acts; the principal Ordinance amended the provisions of the preceding paragraph. This is the new content, in order to achieve Ji method effective 25 convergence. Five is < > the thirty third article 10 of the provisions, the Party member due to an intentional crime is sentenced to criminal law (including probation) sheets or additional deprivation of political rights; due to negligence crime and was sentenced to three years or more (excluding three years) a penalty, shall give expelled punishment. Due to negligence crime is convicted and sentenced to three years (including three years) in prison or be sentenced to public surveillance, detention, shall in general be expelled from the party. For the individual may not be expelled from the party, should control Approval. This is followed and retained the original > < Regulations the provisions of punishment party authorization rules and report to a level party organizations. For is "party members with criminal acts, and by the criminal punishment, generally should be expelled from the party". The fifth chapter of probationary Party member of the discipline and discipline after missing members of the treatment and punishment decisions, such as the implementation of the provisions, clear the related party discipline and punishment decision made after, for duties, wages and other relevant alteration formalities for the longest time. 2, sub sub section will the original regulations of 10 categories of acts of violation of discipline integration revised into 6 categories, respectively, in violation of the punishments for acts of political discipline "in violation of discipline behavior of punishment" in violation of integrity of disciplinary action points "of violation punishments for acts 26 of mass discipline" "the violation of work discipline, punishment" in violation of discipline of life behavior punishment "6 chapters. 3, annex" Supplementary Provisions "clear authority making supplementary provisions of, cases of interpretative organ, as well as regulations implementation time and retroactivity etc.. 11 (3) learning understanding > < regulations needs to grasp several key problems The first problem -- about the violation of political discipline behavior > < new ordinance chapter 6 the political discipline column for the six disciplines, that is the main opposition to Party leadership and the opposition of the basic theory, basic line, basic program and basic experience, basic requirements of misconduct made provisions of the disposition, especially the eighteen since the CPC Central Committee put forward the Yan Mingzheng treatment of discipline and political rules requirements and practical achievements transformation for Discipline article, increase the false debate central policies, cliques, against the organization review, make no discipline of the principle of harmony terms. These are the party's eighteen years in comprehensive strictly Process combined with the practice of rich content. (1) false debate the central policies and undermine the Party of centralized and unified the problem is made in accordance with the provisions of the party constitution. Constitution in general programme requirements adhere to democratic centralism is one of the requirements of the construction of the party must adhere to the four cardinal. Application 27 of this principle is not only the party the basic organization principle and is also the mass line in party life, it requires that we must fully develop inner-party democracy, respect for the dominant position of Party members, safeguarding the Party member democratic rights, give full play to the enthusiasm and creativity of the party organizations at all levels and Party members, at the same time, also must implement the right concentration, ensure the party's mission < the chaos in unity and concerted action to ensure that the party's decision to get quickly and effectively implementing. The Party Central Committee formulated the major principles and policies, through different channels and ways, fully listen to the party organizations and Party members of the opinions and suggestions, but 12 is some people face to face not to say back blather "" will not say, after the meeting said, "" Taiwan does not say, and nonsense ", in fact, not only disrupt the people thought, some causing serious consequences, the damage to the Party of the centralized and unified, hinder the central policy implementation, but also a serious violation of the democratic system of principles. There is no doubt that shall, in accordance with the Regulations > 4 Specified in Article 6 to give the appropriate punishment. For did not cause serious consequences, to give criticism and education or the corresponding tissue processing. (2) about the destruction of the party's unity < New Regulations > the forty eighth to fifty second article, to damage Party's unity unified and violation of political discipline, punishment situation 28 made explicit provisions. Article 52 of the new "in the party get round group, gangs seek private gain, cliques, cultivate private forces or through the exchange of interests, for their own to create momentum and other activities to gain political capital, given a serious warning or withdraw from their party posts disposition; if the circumstances are serious, to give Leave a party to observation or expelled from the party. (3) on against the organization review of the provisions of the constitution, party loyalty honesty is party members must comply with the obligations. Members must obey the organization decision, shall not violate the organization decided encounters by asking questions to find organization, rely on the organization, shall not deceive the organization, against the organization. For example, after the investigation does not take the initiative to explain the situation, but to engage in offensive and defensive alliance, hiding the stolen money is against survey organization, is a violation of the behavior of political discipline. Article 24 of the original > < Regulations, although the provisions of the interference, hinder group review the behavior of the fabric can be severely or 13 Aggravated punishment, but did not put this kind of behavior alone as a discipline for qualitative amount of discipline. > < new regulations increase the Article 57, "anti organization review, one of the following acts, given a warning or serious warning; if the circumstances are relatively serious, giving removed from or placed on probation within the party post; if the circumstances are serious, give 29 expelled from the party: (a) on supply or forged, destroyed, transfer, conceal evidence; (II) to prevent others expose, providing evidence Material; (III) harboring co personnel; (4) to the organization to provide false information, to hide the fact; (5) the him against the acts of the organization review. "< rule > add this clause to the Constitution requires more specific, the previous no punishment in accordance with the definite list and put forward clear punishment in accordance with. (4) about organizing or participating in superstitious activities as < Regulations > about engage in activities of feudal superstition obstruction of social management order" violations of Article 164 the provisions, but according to the original < rule > only in disrupting production, work, social life order The case to be disciplinary treatment, in other words, alone make the feudal superstition, organize or participate in the activities of feudal superstition of, does not constitute a violation. Which is not consistent with the requirements of our party's political party. > < new regulations in this change is, superstitious activities on the political discipline, increase the Article 58, is the organization of Party members, in superstitious activities included in violation of the negative list of political discipline deserves punishment, which and Party members should adhere to the correct political principle, political standpoint and viewpoint is consistent. 14 the second question about organization and discipline violation behavior of democratic centralism is our The party's fundamental 30 organizational system. < New Regulations > Chapter 7 "in violation of the behavior of organizational discipline punishment" mainly for violation of democratic centralism, contrary to the "four obey the discipline behavior for source classification rules. Increased not in accordance with the relevant provisions or requirements to the organization for instructions to report on major issues; do not report truthfully report about personal matters; falsify personal archives; hide before joining the party serious mistakes; leading cadres in violation of the relevant provisions of the organization, will participate in the spontaneous formation of the old Xiang, Alumni Association, comrades in arms; to obtain illegal country residence abroad or foreign nationality, illegal for private frontier Documents such as discipline terms. (1) on the report truthfully report personal matters in 2010 the Central Committee of the Communist Party of China office, office of the State Council introduced < provisions on issues related to the leading cadres to report personal >, is clear about the request, deputy division level and above leading cadres should truthfully report changes in my marriage and spouse, children, moved to the country (territory), practitioners, income, real estate, investment and other matters, for failing to report, do not report, concealed and unreported, according to the seriousness of the case, giving criticism and education, and to make a correction within a time limit, shall be ordered to make a check, the commandment Jiemian conversation, informed criticism or jobs, free Post 31 processing, constitute violations, in accordance with the relevant provisions shall be given a disciplinary sanction. But since the original < Regulations > and there is no corresponding specific terms, the violation of the regulations, do not report, as a false report about personal matters, there is no corresponding disciplinary action terms, in practice it is difficult to operate. In this regard, in order to solve is not reported, as a false report about personal matters 15 asked censure, the new < Regulations > add the Article 67 of violation of personal matters related to reporting requirements, report truthfully report the clear punishment basis, making this kind of violation behavior is no longer free drilling for Exhibition on matters of personal checks to verify and supervision of cadres, discipline review provides a powerful discipline guarantee. (2) about the illegal organization, to fellow, alumni, friends of the war will < regulations stipulated in Article 68 of >, leading cadres of the party in violation of relevant provisions of the organization, will participate in the spontaneous formation of fellow, Alumni Association, comrade in arms to give the punishment according to the seriousness of the case. Here special needs note is three points: this provision for only the leading cadres ", reflecting the high requirements of leading cadres; second violation in 2002, the Central Commission for Discipline Inspection, the central Organization Department and the The relevant provisions of the General Political Department jointly issued the < off in leading cadres not to participate in 32 the initiative to set up "the villagers would be" alumni "" comrades in arms organization notice >. That is to say, to the spontaneous formation of fellow, Alumni Association, comrades in arms will constitute the premise of discipline is a violation of the provisions of this. The notification specified, leading cadres are not allowed to participate in the spontaneous incorporation of fellow, alumni, between comrades association would like the organization and shall not bear the sorority Human and the organizer shall not hold the corresponding position in the sorority; shall not borrow machine woven "network" and engage in kiss sparsely, round and round the gangs, but not "align" "Jieyi Gold Orchid" behavior. The third is to emphasize here that shall be organized to participate in the initiative to set up the villager, Alumni Association, comrades in arms. The so-called 16 spontaneous was established mainly means without registration. Therefore, Party members include leading cadres in the normal range of fellow, alumni, comrades in the party is not a violation of the rules of Party discipline. The three problem about integrity violations discipline Lian Jie discipline has been eighteen years clean government and anti The focus of the work of corruption. This Ordinance to amend, honesty and discipline this biggest adjustment, the new content, most of which prescribed by the original < criterion of a clean and honest administration > 8 ban and 52 are not allowed into the basic this part. (1) the central eight provisions of the spirit and requirements into < New > in 33 the regulations of the party's eighteen years, central resolutely implement the provisions of the eight and pay close attention to the node and intensive briefing, on public funds, private bus, public funds tourism, gifts of public funds, the big parade and lavish weddings and festive, illegal payment allowances and subsidies, illegal construction of buildings such as the original masses reflects the relatively strong, "four winds" problem of the Resolute rectification. But original < Regulations > to eat and drink, super standard reception and no clear and specific expression, new < rule > will implement eight Central provisions of the spirit of the problem increased to "clean cheap self-discipline" chapter, clear to exceed the standard, beyond the scope of the reception or borrow machine eating and drinking etc. some in violation of the provisions of the spirit of the eight central relevant persons responsible for punishment, once the violation will be according to the < rule > severely punished, binding, enhanced significantly. One is to add Article 87, about to obtain illegal, hold, and the actual use of the sports card, golf ball cards and other consumer card. Illegal access to private clubs made the punishment provisions. The second is increase the Article 97, has made provisions of the disposition of illegal self pay or 17 spamming allowances, subsidies and bonuses. The third is added to the Article 99, on violation of super standard, beyond the scope of the reception or borrow machine eat and drink to make the provisions of punishment. The fourth is to increase the Article 101, on the management 34 of conference activities in violation of the provisions made sanctions regulations. The fifth is the increased Article 102, for violation of office space management provisions made the punishment provisions. Six is to split the original < rule > Article 78, formed article 98, Article 100 of public Models of tourism, violate the provisions on the administration of the use of discipline of the bus through the list of made a more detailed provisions, apply more operational. Seven is increased the article 96, in violation of the relevant provisions of the, to participate in public funds to pay for dinner, high consumption of entertainment, fitness activities and public funds to buy gift, send gifts to make the provisions of the disposition. On the violation of the central provisions of the spirit of the eight, in addition to > < new regulations into "violation of honesty and self-discipline" misconduct outside, is different with the original < Regulations >, revised < rule > clearly defined not only to disposition of the directly responsible persons, but also dispose of collar Guide responsibilities. (2) increased trading rights, use of authority or position influence as relatives and close to profit violation of the terms of the < New Regulations > absorption < clean politics several guidelines > the relevant provisions spirit, increase the "negative list, including trading rights, the functions and powers or duties of influence as relatives and staff around profit. Increase Article 81" mutual use of office or authority ring for each other and their spouses, children and their spouses and other relatives, 35 around 18 personnel and other specific relationship between the people to seek benefits engage in trading rights, given a warning or serious warning Sanctions; if the circumstances are relatively serious, giving removed from or placed on probation within the party post; if the circumstances are serious, shall be expelled from the party. Increase Article 82 "connivance, acquiescence to the spouse, children and spouse etc. relatives and staff around the effect of Party members and cadres personal authority or position for personal gain, if the circumstances are relatively minor, given a warning or a serious warning; if the circumstances are relatively serious, giving removed from or placed on probation within the party post; if the circumstances are serious, the given Expelled from the party. Party members and cadres of the spouses, children and their spouses does the actual work and get salary or although the actual work but to receive significantly beyond the same rank salary standard, Party members and cadres informed fails to correct, in accordance with the provisions of the preceding paragraph. "(3) about the gifts, gifts misconduct from handling practices in recent years, engaged in official cadres received gifts, gifts problems more prominent. This has seriously affected the image of Party members and cadres, damaged the relations between the party and the masses, and is a hotbed of corruption, is really necessary for this kind of behavior to be disciplined. < rule > no on accepting gifts, gifts, Card consumption behavior to engage in simple "one 36 size fits all", but the difference between the different separately. One is in accordance with the provisions of Article 83, accepting may affect the impartial enforcement of the official gifts, gifts, consumer cards to depending on the seriousness of the case shall be given disciplinary sanctions. That is to say, for may affect the fair execution of business gifts, gifts, consumer cards are not allowed to accept. 19 is in accordance with the provisions of Article 83, accepting was significantly higher than normal ceremony is still exchanges of gifts, gifts, consumer card to disciplinary action. This is new regulations that daily life is purely reciprocity, accepting the same thing, boys , fellow friends gifts, gifts, shopping cards, although and fair execution of business has nothing to do, also want to as the case shall be dealt with, the situation is obviously beyond normal reciprocity ". The so-called" reciprocity ", one is emphasizes the reciprocal in protocol. In other words is you to me how, I to you how, not only does not go. The second is to significantly exceeded the normal local economy level, customs and habits, economic capacity of individual gifts, gift value. Specific sanctions to according to the processing of a variety of factors to consider, as appropriate. The third is the root according to the provisions of Article 84," to Engaged in public service personnel and their spouses and children, children's spouses and other relatives and other specific relationship presented Ming Xianchao normal reciprocity of gifts, gifts, consumer card, if the circumstances are 37 relatively serious, given a warning until probation. "In accordance with the above provisions, gift giving significantly beyond the normal reciprocity, giver constitute the discipline. (4) on illegal trading of stocks or of other regulations of securities investment < > Article 88 is engaged in punishment regulation of camp and activity in violation of the relevant provisions on. Among them, 3 will" buying and selling stocks or in other securities investment "column as one of disciplinary cases Out. First need to be clear, > < regulations did not change the provisions of the Ordinance. The ordinance of the provisions of the second paragraph of Article 77 provisions "who, in violation of the provisions of the sale of stocks" is one of the violation, and at the beginning of the first paragraph of this article "violation of 20 against the relevant provisions of the" textual representation of the repeat revision. In, just from the legislative technique removed the "personal" in violation of the provisions, content and not to change the original provisions. Need to clear is, "buy or sell a stock or of other securities investment" refers to violation of the relevant provisions refers to in April 2001, the Party Central Committee, the State Council promulgated the On the work of the party and government organs staff's personal investment in securities if dry provisions >. According to the provisions of Article 3, use of work time, office facilities, the sale of stocks and securities investment fund belongs to illegal behavior. The fourth question, about the violation of the masses of the disciplinary actions < 38 new regulations > would violate public discipline behavior of a single set of a class of restored "three rules of discipline and eight note" in the discipline of the masses of excellent traditional. < New Regulations > Chapter 9 "to violate the masses of disciplinary action", mainly the destruction of the party's close ties with the masses of misconduct made provisions on disciplinary; enrich and perfect the super standard, beyond the scope of Xiang Qun < All to raise fund and labor, in for involving the public affairs deliberately, chinakayao, in social security, policy support, disaster relief funds and materials and other matters assigned any kind and affectionate friends, obviously unfair acts against the interests of the masses of the disciplinary terms; increase the terms not in accordance with the provisions of the public party provided, government, factory and village (neighborhood) provided etc. violation of the people's right to know the behavior of the discipline. The fifth issue, on the violation of work discipline violation of work discipline added "negative list, including Party organizations carry out strictly Main responsibility for poor discipline terms. (1) the new party organization comprehensive strictly the main responsibility of the party does not fulfill the 21 or perform poor disciplinary terms < New Regulations > has a lead people to pay attention to the new terms, that is, in chapter ten "on the violation of work discipline behavior punishment" increase in the one hundred and fourteenth "party fail to perform 39 comprehensive strictly the main responsibility of the party or to perform comprehensive strictly the main responsibility for administering the ineffective, resulting in serious damage or serious adverse effects, to the person directly responsible and the responsibility of leadership and give a warning or serious warning. The situation is serious, giving removed from their party posts or on probation Punishment. "Here the changes. For the first time, the main responsibility write < rule >. (2) new shall report does not report or false reporting discipline shall increase the 117 bar" in the higher level units to check to inspect the work or report to the parent unit, work report of shall report the matters do not report or do not report, cause serious damage or serious adverse effects of, to the person directly responsible and the responsibility of leadership, to give warning or a serious warning; if the circumstances are serious, giving removed from their party posts or placed on probation. "For example, during the tour visits to the region, the unit Members the obligation to the inspection teams to reflect the true situation, to conceal not reported or intentionally to the inspection teams to provide false information, causing serious damage or serious adverse effects of, the person directly responsible and the responsibility of leadership should be in accordance with the provisions of < rule > Article 117 to give the appropriate punishment. (3) the new not granted in accordance with the provisions of punishment, not according to the provisions of the implementation of disciplinary measures 22 violation 40 of the provisions of Article 115 "Party organizations have one of the following circumstances, the direct leadership responsibility. Probation: members were sentenced punished, in accordance with the provisions give disciplinary action or in violation of state law Rules of behavior should be given disciplinary punishment and dispose of; disciplinary punishment by decision or complaint review the decision made, not in accordance with the provisions of the implementation decisions on punishment of the party, position, rank, and the treatment of the matters; Party members subject to disciplinary action, not in accordance with the cadre management authority and organizational relationships of by dispose of Party members to carry out education and supervision of daily management. "What needs to be pointed out is," cliff "demoted with cars, housing, secretary problem, implementation is not a discipline and party posts and ranks treatment by the organization department is responsible for the implementation, with cars, housing by the logistics department is responsible for the implementation of, Ji Commission responsible oversight responsibilities. The six questions, about the acts violating the discipline of life "in violation of discipline of life behavior punishment", mainly to "four winds" problems and a serious violation of social morality, family virtue acts of misconduct made provisions on disciplinary, an increase of extravagant life, contrary to the social public order and good customs disciplinary terms. Worth mentioning is, > < Regulations in Article 150 41 about "adultery" "mistress (Cardiff) formulation in the new < rule > is removed, to expand the scope of Article 127 provisions" and others hair improper sexual relations, let face disciplinary action Wider more strict. Four, and earnestly do a good job in the < code > and < rule > implement system of life lies in execution. < code > and < Regulations > is 23 Party organizations at all levels of a strong constraint and all Party members follow. Learning and implementing the < code > and < rule > is party committees (party), commission for discipline, discipline inspection group), the majority of Party members and cadres of the common responsibility, must party caught together, the party one execution. () Party committees (party) and play and implement comprehensive strictly the main responsibility, pays special attention to the two party regulations learning cross penetration. One is to Adhere to the party constitution is fundamental to follow, and resolutely safeguard the authority of the Party Chapter. The second is to adhere to the problem oriented, to strictly political discipline and political rule moments in the first place. The third is to adhere to the discipline and rules quite in front must not allow the bottom line to break the discipline. The fourth is to seriously organize the study of propaganda and education, in the city party members to create a disciplined, about the rules of the strong atmosphere. (II) Commission for Discipline Inspection at all levels (Discipline Inspection Group) to an important basis for the revised two party regulations as, adhere to easily 42 blame, strengthen supervision and enforcement And early method in combining Ji, increase accountability efforts. One is to two regulations within the party important basis, adhere to the party constitution duties, with strict discipline to maintain the constitution authority. The second is to adhere to high standards and keep the bottom line, adhere to Ji Yan in law and discipline, the discipline and rules quite in front, grasping grasping small, easily blame, comprehensive use of supervision and discipline of "four kinds of form" in the discipline embodies the strict requirements and care for the discipline, tighten up, Yan. According to discipline in accordance with regulations to carry out disciplinary review. Increase the violations punishment, clues can initiate an investigation on the trial of cases According to the discipline on the provisions of the proportion of processing and control manager maintains discipline. To focus on investigating non convergence, don't accept hand serious disciplinary violations at the same time, pay more attention to the general review of discipline 24 behavior, and gradually increase the lighter punishment. Four is to illuminate two party regulations, combined with the local district of the Department of party conduct Lianzheng to relevant laws and regulations system clean, timely research proposes to establish, change, waste release opinion, avoid conflict, and the fasten system of cage, and gradually formed not rot, not rot, not want to rot system and working mechanism. (3) the leadership of the party members and cadres 43 should play an exemplary role. The rate of higher consciousness of the front of the Ordinance to lead practice self-discipline norms, leading to maintain discipline of seriousness and authority. One is the above rate, demonstration and guidance, take the lead in learning and mastering the < code > and < > the requirements and regulations, do the deep understanding, learning to use. The second is to play an exemplary role in abiding by discipline rate, take the lead in practicing self-discipline norms, firmly establish before the discipline are equal, the system has no privilege, discipline is no exception, and consciously do standards, require more strict measures more practical. Third is to consciously accept supervision, conscientiously participate in the democratic life and debriefing honesty responsibility, such as Real to the party organization to report personal matters, and to accept the supervision of the work and life of the normal, habits under the supervision of the exercise of power, to carry out the work. The fourth is to set an example for the strict enforcement of discipline. Leading cadres should take the lead in the maintenance of discipline of seriousness and authority, to dare to seriously, dare to struggle, dare to offend people, for misconduct not laissez faire, but do not indulge, not tolerate to ensure the party constitution of party compasses party put in place. (4) the majority of Party members and cadres to set high standards and hold the bottom line, consciously abide by the < code > and < rule >. One is to control the < standard > and < 25 cases >, tight Close connection 44 with their own thoughts, practical work and life, efforts to solve the problems, to enhance the study and implement of the effectiveness and pertinence. The second is to establish a high standard and hold the bottom line, consciously in the self-discipline pursuit of high standards, strictly in the party away from the red line discipline, discipline, about the rules and know fear, distrust, the formation of the honor system, comply with the system, safeguard system of good habits. Regulations and discipline regulations of < < New Revision of the Communist Party of China clean fingered self-discipline criterion > and < Chinese Communist Party Disciplinary Regulations > is the Party Central Committee in the new situation to promote the comprehensive strictly root of the lift, the regulations of the party construction of keeping pace with the times. We should study and implement the Standards > and < > as the primary political task, adhere to the party constitution duties, adhere to the discipline of, Ji Yan in law, the full implementation of supervision and discipline accountability responsibilities for coordination and promotion "four overall" strategic layout in XX District vivid practice to provide a strong guarantee. - Si Jian Wu, and effectively enhance the implementation of the implementation of the < code > < > The consciousness of General Secretary Xi pointed out that the party is in charge of the party, to manage the party; strictly, it can cure good party. Criterion > and < rule > keep pace 45 with the times is our party to form a new potential strictly rules, to deepen understanding of the ruling law, is a comprehensive strictly, and strengthen the supervision within the party important grasper. Criterion > closely linked to the theme of self-discipline, self-discipline intensity-modulated, focusing on morality, for the majority of Party members and cadres set to see, feel the high standard, show the Communists noble moral sentiment; District Ordinance < < rule > the constitution of discipline integration into a political discipline, organization and discipline, honesty and discipline, discipline of the masses, work discipline, discipline, emphasize discipline, focusing on established rules, to draw the party organizations and Party members do not touch the bottom line. Party committees (party) to effectively strengthen the study and publicize the implementation of the < code > and < rule > the organization and leadership of criterion > and < > a full range, multi angle, deep publicity, the formation of study and publicize and implement the boom, in order to consolidate the development of good political environment to create a positive environment and atmosphere. The majority of Party members and cadres to strict requirements, the < rule > and < Ordinance cases > as a guide to action and behavior criterion, adhere to the moral standards and discipline of the bottom line, to maintain the discipline of worship and awe, learning, compliance, and maintain party discipline and rules of the model. The discipline inspection and supervision organs and cadres to the < code > and < > as the deepening of 46 the "three", and strengthen supervision and discipline of accountability is important to follow correctly grasp the use of supervision and discipline of "four types", promote the comprehensive strictly in new roots. Strict discipline, adhere to the discipline and rules quite in front of the enterprise in the implementation of expensive to implement to execute. The discipline inspection and supervision organs to implement the < code > and < Efforts to investigate cases > as an opportunity, adhere to the party should manage the party strictly, serious performance of their duties to promote two regulations implementation. Change discipline concept. From the simple "investigation of illegal" to a comprehensive "stare at violate discipline"; from the business case to prosecute the big cases and timely solve the signs of tilt to. From the orientation to the normal supervision; from the tube "minority" to resist the "most". Guide Party members and cadres to seriously implement the < code > and < rule >, consciously abide by the political, organizational, honest people, work, life six discipline. Urge the leadership cadres sent to play an exemplary role, take the lead in strictly enforced. Relaxation and rest Strong wind is Su Ji, closely linked to the "four winds" prone to multiple, the masses reflect the strong important nodes and, glued to the four winds "new form, new trends, seriously investigate and deal with violations of the central eight provisions of the spirit, to increase the bulletin exposure intensity, the formation of Chajiu" four winds "loudly, continue to release and discipline 47 must be strict signal. At the same time, extended supervision tentacles, through the development of the rural and fishery party conduct Lianzheng construction inspection, issued in a timely manner, Chajiu occurred in grassroots side of corruption and unhealthy, and earnestly safeguard the interests of the masses and social stability. The creativity and discipline. Grasp and make good use of the supervision and discipline of" four types ", to ensure the Promoting clues to lots of discipline and the law of the vacuum tube, strict together. Not only to the "less" and "very few" thorough investigation severely punished, but also the "most" to maintain zero tolerance trend through layers of conductive pressure, let the discipline about the rules for each party members and cadres consciously follow. At present, it is necessary to implement the "list" management, strictly follow the clues to the disposal of five standards, make the classification of disposal, dynamic cleanup. Zadok Party committees at all levels to implement the main responsibility, comprehensive use of disciplinary action and tissue processing and other means to effectively curb the commonplace, used to see do not blame the "small problem", not because of "practice" and "exception". Prominent Discipline characteristics, the problems of violation of discipline and rules into the focus of supervision and discipline and disciplinary review. At the same time, increase case double check the intensity, the serious problems of discipline violations or "four winds" ban but not absolutely, not only to be 48 held directly responsible, but also held leadership responsibility; not only to pursue studies the main responsibility of the Party committee, and to pursue Commission for Discipline Inspection and supervision responsibilities and promote accountability to become the new norm. The implementation of supervisory responsibility. Maintain < code > and < rule > the seriousness and authority of the discipline and rules and truly become the party's ruler. Discipline as supervision within the party the specialized agency, we must strengthen the responsibility to act, adhere to the Impartial discipline accountability, earnestly will be strict discipline, discipline must be punished, and severely punish the acts in violation of rules and regulations. 49