David Cowhig China Law Translation Blog: The “Ten Strictly Prohibited” for Political and Legal Work, Cadres and Police in the New Era

Another great post from David giving us great insight into the CCP’s thinking on the role of law and how it relates to the party, the country & the individual

2022: The Ten Prohibitions in Legal Work in the New Era

Vocabulary items for comrades who fell asleep during study sessions and may be helpful in reading the guidance from the Party copied below:

“The Four Consciousnesses”  enhance political integrity, develop a better understanding of the general picture, follow the core leadership of the Central Committee, and act consistently with CPC Central Committee policy.

“The Four Self-confidences” “confident in our chosen path, confident in our guiding theories, confident in our political system, and confident in our culture.”

The Two Safeguards”  “‘Maintain the core position of the Xi Jinping-led Party Central Committee and at the core position of the whole party’ and ‘Maintain the authority of the Party Central Committee and centralized and unified leadership’” 

The Three Provisions sange guiding ????  In 2015, the Central Office, the State Office, the Central Political Commission, the “Five ministries and commissions” issued the “Provision on Handling the Cases Including the Recording, Reporting and Accountability of Leading Cadres who interfere with Judicial Activities, Meddle in the Records of Specific Cases“, “Provision on the Recording of Cases of and Accountability of Judicial Personnel Who Interfere with Cases“, and the “Provision on Further Standardizing the Contacts and Behavior of Judicial Personnel and the parties to cases, lawyers, people with particular relevant connections, and intermediary organizations” are referred to as the “Three Provisions“. The Three Provisions created a “firewall” to prevent interference and meddling in judicial activities and established procedures for recording potential violations in the course of handling a case, a “high tension lines” that discourages improper contacts. ]

The “Ten Strictly Prohibited” for Political and Legal Work, Cadres and Police in the New Era

Source: People’s Court News and Media Agency Published: February 28, 2022

Take Xi Jinping Thought on Socialism with Chinese Characteristics in the new era as you guide as you thoroughly implement Xi Jinping Thought on the Rule Acccording to Law.  Thoroughly implement General Secretary Xi Jinping on strengthening the construction of the political and legal team and the spirit of  General Secretary Xi Jinping’s important instructions and exhortations. Adhere to the absolute leadership of the Chinese Communist Party, deepen your awareness of the “Four Consciousnesses“, be firm  in the “Four Self-confidences“, to achieve “Two Safeguards“, and constantly improve your political judgment, your understanding of politics, and implementation of politics. Conscientiously observe the “Ten Strictly Prohibited“.

First, it is strictly prohibited to be two-faced. It is strictly forbidden to violate political discipline or political rules, to be dishonest  to the Chinese Communist Party, to associate with bad people to gain personal advantage, or to participate in an interest group for personal advantage.

Second, it is strictly forbidden not to carry out an order, not to comply with a ban, to fail to be resolute in implementing the decisions and implementing orders of the Party Central Committee, to only selectively comply with them, to do favors, or to not fully apply the rules to some, to deceive superiors or make false reports to subordinates, or not to comply with the system of asking for guidance from superiors and reporting on relevant matters.

Third, it is strictly forbidden to fail to oppose the corrosive effects of trends in erroneous thinking, to fail to take a clear position on major issues of right and wrong or to waver, to acquiesce to Western ideas of  “constitutional governance”, the counterbalancing of the three separate executive, legislative and judicial powers and “judicial independence”, and to fail speak up and attack these erroneous ideas.

Fourth, it is strictly forbidden to have improper personal contacts or to interfere with law enforcement and justice. It is strictly forbidden to violate the “Three Provisions“, to pass information secretly through a third party, to fail to make true records and reports, to have personal contact with people one should not have contact with, or to act as a judicial broker.

Fifth, it is strictly forbidden to be dereliction of duty, bending the law for personal gain.  You may never handle a  “case involving personal relationships”, “a case involving personal affections”, “or a case in which you are financially involved”.  It is forbidden to not establish a case where there are grounds for doing or for failing to investigate a case, failure to pursue a penalty for a guilty party, to reduce a sentence contrary to regulations or the law, to commute a sentence without legal cause, or a provisional release from prison without legal cause.

Sixth, It is strictly forbidden to engage in profit-making activities or to illegally participate in business or commerce, to  engage in stock trading or lending in violation of regulations, or for spouses, children and their spouses to engage in  business activities in violation of regulation, or to use power or influence of one’s office for personal gain.

Seventh,  It is strictly forbidden to harbor or connive with criminal or evil elements. Never turn a blind eye, fail to stop or condone criminal or evil behavior or act as a “protective umbrella” for such persons.

Eighth,  It is strictly forbidden to abuse law enforcement or judicial power. Never tolerate profit-seeking in law enforcement, law enforcement that exceeds the authority of the officers involved, excessive law enforcement, or abuse of investigative measures, coercive measures, arrogate the power to make arbitrary judgements, or to meddle in economic disputes.

Ninth,  Strictly forbidden are misdeeds or omission or commission or arrogating special privileges to yourself for your personal advancement. Never ignore the interests of the masses. Do not treat the masses rudely, shirk your responsibilities, or seek to reap personal advantages in your interactions with the masses.

Tenth, It is strictly forbidden to be careless of confidentiality in your daily work. Don’t lose or disclose confidential information. It is absolutely forbidden, in any manner to allow any leak of  Communist Party or state secrets, political and state secrets in legal work secrets, commercial secrets or the personal information of citizens,

Violations of the “Ten Strict Prohibitions” should be handled strictly in accordance with regulations, laws and disciplinary regulations.

 

 

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