People's Republic of China Supervision Law (draft)

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Source:http://www.npc.gov.cn/npc/flcazqyj/2017-11/06/content_2032087.htm
Deadline for comments:2017年12月6日

Contents

Chapter I: General Provisions

Chapter II: Supervision Organs

Chapter III: Scope of Supervision

Chapter IV: Supervision Duties

Chapter V: The Scope of Supervision Authority

Chapter VI: Supervision Procedures

Chapter VII: International Cooperation Against Corruption

Chapter VIII: Oversight of Supervision Organs and Supervision Personnel

Chapter IX: Legal Responsibility

Chapter X: Supplementary Provisions

 

Chapter I: General Provisions

Article 1: This Law is drafted so as to promote comprehensive governance in accordance with law, to bring about full national supervision coverage, and to thoroughly carry out anti-corruption work.

Article 2: Uphold the leadership of the Communist Party of China over supervision work, building a supervision system with Chinese characteristics; establish a centralized and unified, authoritative, authoritative and effective anti-corruption system; strengthening the Party and national self-supervision, advancing modernization of the national governance system and governance capacity.

Article 3: Supervision Organs are to follow this Law to conduct supervision of public personnel exercising public power, investigate illegal and criminal abuses of public office, and make public power forever under the people's supervision, and used for the benefit of the people.

Article 4: State supervision work shall adhere to the Constitution and Laws; be based on the facts with the laws as their measure; strictly supervise, giving equal consideration to power and responsibility; combine punishment with education and leniency with severity. Persist in treating the symptoms and root causes, maintaining a tough stance, and forming a sustained deterrent, so that none dare to be corrupt; deepen reforms, improve rule of law, effectively restrict and supervise power, so that no one can be corrupt; strengthen education in ideology, ethics and the rule of law, so that none want to be corrupt.

Chapter II: Supervision Organs

Article 5: The Supervision Commission of the People's Republic of China [PRC Supervision Commission] is the highest supervision organ.

Provinces, autonomous regions, directly-governed municipalities, autonomous prefectures, counties, autonomous counties, cities, and municipal districts, are to set up Supervision Commissions.

The Supervision Commissions at all levels are the specialized organs for exercise of state supervision functions.

Article 6: The PRC China Supervision Commission is produced by the National People's Congress, and is responsible for supervision work nationwide.

The PRC Supervision Commission is composed of a director, several deputy directors and several members; with the director elected by the National People's Congress and the deputy directors and members being appointed or removed by proposal of the director of the PRC Supervision Commission to the Standing Committee of the National People's Congress.

The term of office of the PRC Supervision Commission is the same as that for the National People's Congress.

The PRC Supervision Commission is responsible to the National People's Congress and its Standing Committee, and is to accept oversight.

Article 7: All levels of local Supervision Commission at the county level or above are produced by the people's congress at the corresponding level, and are responsible for supervision work in that administrative region.

All levels of local Supervision Commission at the county level or above are composed of a director, several deputy directors and several members; with the director elected by that level's People's Congress and the deputy directors and members being appointed or removed by proposal of the director of Supervision Commission to the standing committee of the people's congress for that level.

The term of office for the Supervision Commissions at or above the county level is the same as that for the people's congress at the corresponding level.

All levels of Supervision Commissions are responsible to the people's congresses and their standing committees at the same level, and to the Supervision Commission at the level above, and are to accept their supervision.

Article 8: The PRC Supervision Commission leads the work of local Supervision Commissions at all levels, and higher Supervision Commissions lead the work of lower Supervision Commissions.

Article 9: As required for work, all levels of Supervision Commissions may, upon approval, send a supervision body or supervision commissioner to the party organs state organs, organizations and units administering public affairs, or administrative areas under their jurisdiction, and the supervision body or commissioner is responsible to the supervision organ dispatching them.

Article 10: The Supervision Organs independently exercise supervision power in accordance with law, and no organization or individual may refuse, obstruct or interfere with supervision personnel in carrying out their duties in accordance with law, and must not retaliate against them.

Where the Supervision Organs require the assistance of the relevant organs and units in their work, they shall, based on the requirements of the Supervision Organ, lawfully assist within the scope of their authority.

Article 11: Ombudsman are the supervision personnel who exercise the supervision power in accordance with law. The State implements a hierarchical ombudsman system, and establishes the measures for the hierarchical setup, assessment, and promotion of ombudsman.

Chapter III: Scope of Supervision

Article 12: The Supervision Organs conduct supervision of the following public personnel in accordance with their management authority:

(1) Officials of Chinese Communist Party organs, people's congresses, administrative organs, CPPCC organs, Supervision Organs, adjudication organs, procuratorate organs, democratic parties, Federation of Industry and Commerce organs, and persons managed with reference to the "People's Republic of China Law on Public Officials'

(2) Personnel engaged in public affairs at organizations authorized by laws or regulations, or lawfully retained by state organs, to manage public affairs;

(3) Management of state-owned enterprises;

(4) Personnel engaged in management in public education, scientific research, culture, health care, sports and other such units;

(5) Personnel engaged in collective affairs management at basic-level mass autonomous organizations;

(6) Others personnel who perform public duties in accordance with law.

Article 13: The Supervision Organ at the level above may handle the supervision matters in the jurisdiction of the Supervision Organ at the level below, and when necessary, may also handle supervision matters in the jurisdiction of the Supervision Organs at any level within its jurisdiction.

Where there are disputes between the Supervision Organs over supervision matters, they shall be determined by their common higher-level Supervision Organ.

Article 14: The higher level Supervision Organ may designate a lower Supervision Organ as having jurisdiction, or may appoint another Supervision Organ to have jurisdiction over a supervision matter in the jurisdiction of a lower level Supervision Organ.

Where Supervision Organs find that supervision matters over which they have jurisdiction are major or complicated, and need to have the higher level Supervision Organ take jurisdiction, they may request that it be transferred to the jurisdiction of the higher Supervision Organ.

Chapter IV: Supervision Duties

Article 15: The main functions of Supervision Organs exercising the supervision power in accordance with law, are:

(1) safeguard the constitution, laws and regulations;

(2) Lawfully supervising public personnel's exercise of public authority, and investigating illegal and criminal conduct abusing public office.

(3) carrying out efforts to build an honest government and anti-corruption work.

The duties of Supervision Organs are oversight, investigation, and disposition.

Article 16: Oversight. The Supervision Organs oversee and inspect public personnel's performance of their duties in accordance with the law, just use of authority, clean governance, and upholding ethics.

Article 17: Investigation. The Supervision Organs conduct investigations into illegal and criminal conduct abusing public office, such suspected corruption, bribery, abuse of power, dereliction of duty, rent-seeking, siphoning benefits, twisting the law for personal gain, and wasting State assets.

Article 18: Disposition. The Supervision Organs are to follow the relevant laws to make decisions on government affairs sanctions for public personnel who break the law; issue supervision recommendations to those who have problems in their exercise of authority; hold accountable those who do not forcefully perform their duties or leaders who shirk their duties and responsibilities; and transfer the investigative conclusions on suspected crimes abusing public office to the procuratorate to initiate a public prosecution.

Article 19: Based on their authorization, the dispatched supervision bodies are to lawfully conduct supervision of the relevant organs, organization, unit, or administrative region's public personnel and issue supervision recommendations; and are to follow the scope of their management authority to lawfully investigate and handle public personnel suspected of illegalities abusing public office, and make a decision on government affairs sanctions.

Chapter V: The Scope of Supervision Authority

Article 20: Supervision Organs excising their authority have the right to gather or collect evidence from relevant units or individuals in accordance with law. Relevant units and individuals shall truthfully provide evidence.

Evidence that relates to national secrets, commercial secrets or personal privacy shall be kept confidential.

Anyone who falsifies evidence, conceals evidence, or destroys evidence, regardless of what side they belong to, must be legally pursued.

Article 21: For public personnel who might be have broken the law by abusing public office, or who have broken the law by abusing public office but the circumstance were more minor, the Supervision Organ may talk with them and remind them, criticize and educate, order inspections, or admonish them, either directly or by entrusting relevant organs.

Article 22: Supervision Organs may request that persons being investigated for breaking the law by abusing public office give statements regarding the illegal conduct, and when necessary, shall issue a written notice to the person being investigated.

For those suspected of embezzlement and bribery, dereliction of duty and other such crimes abusing public office, the Supervision Organs may conduct an interrogation and request that they make a statement about the alleged crime.

Article 23: During the course of the investigation, the Supervision Organ may question witnesses and other such persons.

Article 24: Where the person being investigated is suspected of serious illegal or criminal conduct abusing public office such as corruption, bribery, or dereliction of duty, and the Supervision Organ already has a handle of some of the facts and evidence on the illegalities or crimes, but still has major issues that need further investigation, after review and approval by the Supervision Organ in accordance with law, they may have them retained in custody at a designated location in any of the following circumstances:

(1) the case is major or complicated;

(2) they might flee or commit suicide;

(3) They might collude or fabricate, destroy, transfer, or conceal evidence;

(4) They might have other conduct obstructing investigation.

For those suspected of giving bribes or of joint crimes abusing public office, the Supervision Organ may retain them in custody on the basis of the preceding paragraph.

Article 25: When investigating corruption and bribery, dereliction of duty, or other serious illegal or criminal abuses of public office, the Supervision Organs may, as necessary for work, make inquiries into and freeze assets of persons involved in the case such as savings, remittances, bonds, stocks and fund shares of the alleged units and individuals in accordance with the provisions. Relevant workplaces and individuals shall cooperate.

Article 26: Supervision Organs may conduct searches of the persons, items, domiciles, and other places related to the person being investigated for crimes abusing public office as well as persons who might be hiding the person under investigation or criminal evidence. When conducting searches, search documents shall be issued and an authenticating witness such as the person being searched or his family member shall be present.

When conducting a search, the Supervision Organs may request that the public security organs cooperate as necessary for work. Public security organs are to assist in accordance with law.

Article 27: During the course of the investigation, the Supervision Organs may collect, seal, or seize property or documents that prove the offense of which the person under investigation is suspected, and shall get the original item and, together with the person in possession, custodian or authenticating witness, take photos, register, and number each item, and make a catalog to be compared to the original and signed by those at scene, and a copy of the scene is to be given the person in possession or occupying it.

The Supervision Organs shall establish special accounts and locations, and designate specialized personnel, for appropriately storing property and documents they collect, seal or seize, strictly perform formalities for their transfer and collection, and it must not be damaged or used for other purposes. Items for which the value is unclear shall be promptly appraised, and they shall be specially sealed in storage.

Article 28: During the course of investigations, the Supervision Organs may, directly or by appointment, employ personnel with specialized knowledge or qualifications to carry out inspection or appraisals under the supervision of the investigators, and put together inspection records or appraisal opinions to be signed or have a seal affixed by the inspecting or appraisal personnel and authenticating witness.

Article 29: When conducting investigations of suspected crimes abusing public office such as major corruption, bribery, or dereliction of duty, the Supervision Organs may, as necessary, perform strict approval procedures to employ technical investigation measures and follow provisions to hand it to the relevant organs for implementation. The approval decision shall clearly state the type of technical investigative measures and their target, and be effective for three months of its issue; where the period is completed in a complicated or challenging case and it is still necessary to continue employing technical investigative measures, the period may be extended upon approval, but each time must not exceed three months.

Article 30: If the investigated person is at large, the Supervision Organ may decide to list them as wanted within that administrative area, and the public security organs are to issue a wanted notice and seek to bring them in. Where the scope of the wanted listing exceeds that administrative region, it shall be reported to a higher Supervision Organ with authority to make the decision.

Article 31: In order to prevent the person under investigation and related personnel from escaping outside the mainland territory, the Supervision Organ may, with the approval of the Supervision Organ at or above the provincial level, take measures to limit the investigation's subject and related personnel from leaving the mainland, and the public security organs are to enforce them in accordance with law. Where it is not necessary to continue employing measures to limiting exit from the mainland, they shall be promptly lifted.

Article 32: Where the investigation's subject voluntarily admits guilt and accepts punishment, voluntarily surrenders and truly acknowledges and repents the crime, actively cooperates with the investigation and truthfully confesses illegal or criminal acts that the Supervision Organ has not yet understood, proactively returns the spoils and reduces damages, or makes a major meritorious contribution, or where the case involved major national interests; then after collective research and reporting to the Supervision Organ at the next higher level for approval, the Supervision Organ may issue a recommendation that punishment be lenient or mitigated when it is transferred to the procuratorate.

Article 33: Where persons involved in illegal or criminal abuse of public office actively report the offense and uncover illegal or criminal abuses of public office, or provide important clues or testimony; then after collective research and reporting to the Supervision Organ at the next higher level for approval, the Supervision Organ may issue a recommendation that punishment be lenient or mitigated when it is transferred to the procuratorate.

Article 34: Evidence collected by Supervision Organs in accordance with this law, including physical evidence, documentary evidence, witness testimony, confessions or explanations by the investigation subject, audiovisual materials and electronic data, may be used as evidence in criminal cases.

When collecting, fixing, examining and using evidence, the Supervision Organ shall be consistent with the criminal trial's evidentiary requirements and standards.

Evidence collected by illegal means shall be excluded in accordance with law, and must not be used as the basis for the case disposition.

Article 35: Where trial organs, procuratorial organs, public security organs, auditing organs and other state organs discover any leads about suspected corruption, bribery, dereliction of duty, or other illegal or criminal abuses of public office by public personnel, they shall be transferred to the procuratorate, and the procuratorate is to investigate and handle it.

Where the suspect is alleged to have committed both a serious illegal or criminal abuse of public office, and other illegal or criminal acts, the Supervision Organ is to take the lead in investigation, and other organs are to assist.

Chapter VI: Supervision Procedures

Article 36: The Supervision Organs are to carry out their work in strict accordance with procedures, and working mechanisms for mutual assistance and mutual restraint shall be established in all departments handling leads, investigation, and trial. The Supervision Organs shall strengthen the oversight and management over the entire process of investigation and disposition, set up corresponding work departments for management of leads, oversight and inspections, urging handling, statistical analysis, and other management coordination functions.

Article 37: The Supervision Organs are to follow relevant provisions to submit opinions on disposition of leads regarding problems with the targets of supervision, perform review and approval formalities, and conduct categorical handling. The disposition of leads shall be summarized and circulated at regular intervals, and have inspections and spot checks at relevant intervals.

Article 38: Where the Supervision Organs adopt preliminary verification methods to handle the leads on issues, they shall perform review and approval procedures in accordance with law, and form a verification team. After the preliminary verification is completed, the verification team shall write a report on the preliminary verification situation, and put forward suggestions on how to handle it. The undertaking departments shall put forward categorized opinions on handling. The preliminary verification report and categorized handling opinion reports are to be reported to the main leaders of the Supervision Organ for review and approval.

Article 39:Where upon preliminary verification, there are suspected illegal or criminal acts that need to be pursued for legal responsibility, the Supervision Organs are to handle formalities for filing the case in accordance with the scope of their authority and procedures.

The main leaders of the Supervision Organs are to examine and approve the case filing reports in accordance with law, preside over special meetings, study and determine the investigation plan, and decide on what investigative measures need to be taken.

The decision to file and investigate a case shall be announced to the subject of the investigation and reported to relevant organizations. The family of the persons being investigated shall be informed where there are serious illegalities or suspected crimes, and it shall be announced to the public.

Article 40:In cases of illegal or criminal abuses of public office, the Supervision Organ shall conduct an investigation to gather and collect evidence of whether the person under investigation has broken the law or committed a crime, and its seriousness, and ascertain the facts.

The Supervision Organs shall carry out the investigation in accordance with law, and when the investigators take any investigation measures such as interrogation, questioning, retaining custody, searches, collections, sealing, seizures, or inspections, they shall always follow provisions to present documents, issue a written notice, have two or more people carry it out, and compose written materials such as notes, reports, or opinions, and have relevant persons sign it and affix a seal.

Important matters in the course of the investigation shall be collectively studied and then reported for instruction in accordance with procedures.

Article 41: Adoption of retention in custody measures by Supervision Organs below the provincial level, is to be upon collective study and decision of the Supervision Organ's leaders, and reported to the Supervision Organ at the level above for approval. Provincial level Supervision Commissions' decisions to employ retention in custody shall be reported to the PRC Supervision Commission for recording. After retention in custody is adopted, the unit or family of the person being investigated shall be informed within 24 hours, except where it would impede the investigation.

When the Supervision Organ adopts retention in custody measures, it may request that the public security organs cooperate, as necessary for the work, Public security organs are to assist in accordance with law.

The Supervision Organs shall ensure the food, drink and rest of persons retained in custody, and provide medical services. Interrogation of persons retained in custody shall have reasonably arranged interrogation times and lengths, and the interrogation records are to be signed by the person being interrogated after they read them.

The period of retention in custody must not exceed three months. Under special circumstances, the Supervision Organ that decided to adopt retention in custody may report to the Supervision Organ at the next higher level for approval of a single extension, and the extension period must not exceed three months.

Where, after a person retained in custody, who is suspected of a crime is transferred to the judicial organs, they are lawfully sentenced to controlled release, short-term detention, or fixed-term imprisonment, their sentence is to be reduced by the period of retention in custody. One day retained in custody is to reduce controlled release by two days, and short-term detention or imprisonment by one day.

Article 42: The Supervision Organs are to collect and identify evidence in accordance with law, to form a mutually corroborative, complete, and stable chain of evidence. The gathering of evidence by threats, enticements, fraud, and other illegal means is strictly prohibited; and berating, striking, abusing,and direct or covert corporal punishment of the person being interrogated is strictly prohibited.

When investigators carry out interrogations and important evidence gathering work such collection, sealing, or seizures, they shall make an audiovisual recording of the entire process, and retain it for future reference.

Investigators shall strictly implement the investigation plan, and must not freely expand the scope of the investigation or change its targets and matters.

Article 43:Based on the results of oversight and investigation, the Supervision Organs are make the following dispositions in accordance with law:

(1) Handling. Give public personnel who have broken the law a warning, demerit, major demerit, demotion, removal, expulsion, or other punishment decision in accordance with procedures.

(2) Recommendation. Issue a Supervision Recommendation on problems that exist in the subject of the investigations' unit's clean governance establishment and performance of duties.

(3) Accountability. Where a person does not perform, or incorrectly performs, either directly make a decision to hold the responsible leaders accountable in accordance with the scope of authority, or make a recommendation to an organ with authority to issue a such a decision.

(4)Transfer for prosecution. For public personnel suspected of crimes abusing public office, where upon investigation, the Supervision Organs find that the facts of the crime are clear and the evidence is credible and sufficient, it is to draft a written opinion in support of prosecution and transfer it along with the person subject to investigation, the case file materials, and evidence, to the procuratorate to have a public prosecution initiated in accordance with law, and have the procuratorate lawfully impose compulsory measures against the person being transferred.

Article 44:After investigation, the Supervision Organs are to confiscate and recover any illegally obtained property, or order its return. Property acquired through suspected crimes shall be transferred with the case when it is transferred to the procuratorate for initiation of a public prosecution in accordance with law.

Article 45:In cases transferred to the procuratorate, where the procuratorate finds that the facts of the suspects' crime are already clear and the evidence is credible and sufficient, and that criminal responsibility shall be pursued in accordance with law, they shall make a decision to prosecute. Where after examination, the procuratorial organ finds it is necessary to supplement or verify, it shall return it to the Supervision Organ for supplementary investigation, and, when necessary, may supplement the investigation on its own. Where the evidence is not sufficient, the criminal conduct is more minor, or there are no criminal facts, they shall solicit the opinions of the Supervision Organ and report it to the procuratorate organ at the level above for approval, and make a non-prosecution decision in accordance with law. Where the Supervision Organ finds that the decision not to prosecute is in error, it may request a reconsideration.

Article 46:Where the person investigated by the Supervision Organs for corruption, bribery, dereliction of duty or other major crimes abusing public office has escaped, disappeared, or died, and upon approval of the Supervision Organ at the provincial level or above, where it is found necessary to continue the investigation, the investigation shall be continued and a conclusion made. Where the investigation subject has escaped or disappeared, and can not be brought in after being listed as wanted for one year, the Supervision Organ shall request that the procuratorate organs follow legally-prescribed procedures to confiscate any unlawful gains.

Article 47:Where persons subject to supervision are dissatisfied with the Supervision Organs' handling decisions involving themselves, they may appeal in accordance with law. Enforcement of the handling decision is not suspended during the appeal period. Where the organ accepting the appeal finds that there is an error in the handling decision, the original handling organ shall promptly correct it.

Chapter VII: International Cooperation Against Corruption

Article 48:The PRC Supervision Commission organizes efforts on the implementation of international anti-corruption treaties, carrying out overall planning and coordination on anti-corruption communication and cooperation with other nations, regions, and international organizations.

Article 49: In accordance with bilateral or multilateral treaties, the PRC Supervision Commission is to complete mechanisms and organize coordination with the relevant parties to strengthen cooperation with relevant countries, regions and international organizations in areas such as anti-corruption law enforcement, extradition, judicial assistance, custody transfer of sentenced persons, asset recovery, and information exchanges.

Article 50:The PRC Supervision Commission is to strengthen the organization and coordination of anti-corruption efforts such as international pursuit of stolen assets and fleeing persons, and spurs relevant units to do a good job of corresponding work;

(1) In cases of major crimes abusing public office, such as corruption, bribery and dereliction of duty, where the investigations' subjects have escaped outside the country (mainland territory) and the Supervision Organ has already obtained more conclusive evidence, employ effective measures to bring them in, such as requesting that international criminal policing organizations issue wanted notices;

(2) Requesting that the country where stolen assets or goods are located make inquiries, freeze, seize, confiscate, recover, or return the assets involved with the case;

(3) Make inquiries or monitor public personnel suspected of crimes abusing public office and related persons entry and exit from the country (mainland territory) and the flow of cross-territorial funds, and set up procedures for preventing escape in the course of investigating cases.

Chapter VIII: Oversight of Supervision Organs and Supervision Personnel

Article 51:Supervision Organs shall accept oversight by the people's congress of that level and its standing committee.

Standing committees of people's congresses at all levels may hear and deliberate special work reports of the Supervision Organs at the corresponding level, and organize law enforcement inspections.

When people's congresses and their standing committees at any level at the county level or above hold a meeting, the people's congress delegates or members of the standing committee may, in accordance with the procedures prescribed by law, raise or address questions about issues in Supervision work.

Article 52:In exercising their authority, Supervision Organs shall strictly comply with the relevant provisions of this Law and other laws, shall mutually cooperate with and mutually restrict judicial organs; to ensure that laws are correctly and effectively enforced.

Article 53:The Supervision Organs lawfully shall make information on Supervision work public in accordance with law, and accept democratic oversight, social oversight and public opinion oversight.

Article 54:The Supervision Organs shall strengthen the oversight of the Supervision personnel's performance of their duties and compliance with the law, and establish a supervision corps that that is loyal and clean.

Article 55:Supervision personnel must be models of compliance with the Constitution and the laws;be devoted to their duties,and enforce the law impartially; be honest and upright, and keep secrets; they must have good political character, be familiar with supervision operations, and possess the abilities such as using the laws, regulations, policies, and investigating to collect evidence; and conscientiously accept oversight.

Article 56:Where there are inquiries about a case, prying into a case,or interventions, aimed at Supervision personnel, they shall promptly report it and filed for the record.

Where it is discovered that Supervision Personnel handling a supervision matter have, without permission, had contact with or had communications with the investigation's subject, persons involved in the case, and their designated associated, it shall be promptly reported and filed for the record.

Article 57:Where Supervision Personnel handling a supervision matter have any of the following circumstances, they shall recuse themselves, and the person under supervision, informants, and other relevant persons, also have the right to request recusal;

(1) Is a close relative the person under supervision or the informant;

(2) Is a main witness;

(3) Has any interest in the supervision matters being handled;

(4) Has other circumstances that may impact the fair handling of the matters for supervision.

Article 58:After leaving the post, Supervision Organs' personnel who are involved with secrets shall abide by the management provisions for the departure period and strictly perform their obligations to keep secrets, and must not divulge relevant secrets.

Within three years after the resignation or retirement of the Supervision personnel, they must not engage in professions in which conflicts of interest might occur in connection with the supervision and judicial work.

Article 59:Where Supervision Organs or their staffs exhibit any of the following conduct, the person being investigated and his close relatives have the right to appeal to that organ:

(1)The period for retention in custody is complete, but it is not lifted;

(2) Seals, Seizes or freezes assets not related to the case ;

(3)should lift the sealing, seizure or freezing, but don't do so ;

(4) embezzles, misappropriates, privately disposes of, exchanges, or uses seized, impounded, or frozen assets in violation of provisions.

The Supervision Organ that accepts the appeal shall handle it promptly. Where the complainant is dissatisfied with the handling, they may apply for a review to the Supervision Organ at the level above,and the Supervision Organ at level above shall promptly handle the case promptly and, where the circumstances are true, correct the case.

Article 60:Where after the completion of the investigation,it is discovered that the bases for filing the case was insufficient or inaccurate, there were major mistakes in the handling of the case, or the Supervision personnel seriously violated the law, both the directly responsible persons and the responsible leadership personnel shall be pursued for responsibility.

Chapter IX: Legal Responsibility

Article 61:Where relevant units refuse to enforce a handling decision made by the Supervision Organs, or refuse to accept a supervision recommendation without legitimate reasons, the department in charge of them or the organ at the level above shall order it to make corrections and circulate a criticism of the unit; and responsible leaders and directly responsible personnel in accordance with law are to be dealt with in accordance with law.

Article 62:Where relevant personnel violate the provisions of this Law with any of the following conduct, their unit, or the department in charge of it, the organ at the level above, or the Supervisor Organ is to order corrections, and lawfully give sanctions; and where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) refusing to cooperate with the Supervision Organ by not providing materials as requested, or refusing or obstructing the implementation investigative measures;

(2) Providing false information to cover up the truth;

(3) Colluding, fabricating, destroying, transferring, or concealing evidence;

(4) preventing others from exposing and reporting or providing evidence;

(5) having other conduct in violation of the provisions of this Law,where the circumstances are serious.

Article 63:Where an accuser, informant, witness or supervision personnel is retaliated against or frames someone, they are to be dealt with in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 64:Where Supervision Organs or their staffs exhibit any of the following conduct, they are to be dealt with in accordance with law, and where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) disposing of leads without authorization or permission, or keeping or handling the materials involved in the case oneself;

(2) exploiting one's authority or the influence of one's position to interfere with investigation work, to seek a personal benefit from the case;

(3) Illegally stealing or disclosing investigation information or leaking information about reported matters, the acceptance of reports, and informants' information;

(4) Extorting confessions, inducing confess, or insulting, beating, abusing, physically punishing, or covertly physically punishing the investigation subject;

(5) Disposing of seized or confiscated property in violation of the provisions;

(6) Where a security incident occurs in violation of provisions, or where an indicent is not reported and concealed, or mishandled;

(7) Other conduct abusing authority, dereliction of duties, or improper conduct for personal gain.

Article 65: Where Supervision Organs and supervision personnel exercising their authority encroach on the lawful rights and interests of citizens, legal persons, and other organizations, causing harm, they shall pay compensation in accordance with law.

Chapter X: Supplementary Provisions

Article 66:Supervision work carried out by the Chinese People's Liberation Army and the relevant departments of the people's armed police forces may apply the relevant provisions of this Law.

Article 67:This law shall take effect on XXXXX. "The Administrative Supervision Law of the PRC" is simultaneously abolished.

 

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2 Comments

  1. The URL here is not accurate. It doesn’t lead to the full text; it leads only to a page requesting comments.

    • Unfortunately, the way that the NPC posts laws these days requires that you click through from that page. You will need to enter information on the second page, and then see the full text of the law.

      The full Chinese text can also be viewed on this page as well by changing the language tab on left of screen to Chinese.

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