The Legitimate Basis Of The Party Rules Punishing Adultery

Since the eighteenth national congress of the Communist Party of China, the Central Discipline Inspection Commission has punished a number of adultery party members and announced their adultery by Disciplinary Bulletin in accordance with party rules. Actually it means Aticle 150 of Original "Chinese Communist Party Disciplinary Regulations" has been finally implemented. CCP run itself with strict discipline facing the following controversy:First, since adultery is related to the private sexual morality,what is the legitimate basis of party regulation to punish the member’s adultery?This is an extension of the classical problem of jurisprudence. First, from the perspective of Law Hermeneutics, the author explained that the law of our country does leave a free space for private adultery. Secondly, from the perspective of sociology of law and law and economics, the author initially proved the legitimacy of party regulation of adultery.Secondly, does the Central Discipline Inspection Commission violate the privacy or reputation rights of individuals on announcing their adultery by Disciplinary Bulletin? First, also from the perspective of Law Hermeneutics, the author explored that whether adultery is within the scope of the protection of privacy or reputation rights. However, our legislation is not clearly defined and the position of the judiciary is not consistent. Therefore, using the theory of R.H.Coase for reference, the author demonstrated the point of view that for party members who are public officials, the public right to know has precedence over the personal privacy right,and for party members who are not public officials, the personal privacy right has precedence over the public right. Last but not least, the author advice for the boundaries of Disciplinary Bulletin that, for party members who are not public officials,their adultery will not be announced, and the discipline investigation should avoid the occurrence of events as Lei Zheng Fu.In summary, this paper actually further illustrated the legitimacy and necessity of strict party rules.