Decision on Carrying Out Pilot Projects on Reforms of the National Procurator System

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Decision of the Standing Committee of the National People's Congress on Conducting Pilot Work of State Supervision System Reform in Beijing Municipality, Shanxi Province, and Zhejiang Province

(Passed by the 25th Session of the Standing Committee of the 12th National People's Congress on December 25, 2016)

Based on the "Plan for Carrying Out Pilot Project on Reforms to the to Supervisors System in Beijing, Shanxi, Zhejiang" confirmed by the Party Central Committee, and to advance reforms of explore and gather experience for reforming the supervisor system nationally, the 25th meeting of the Standing Committee of the 12th National People's Congress has made the following decision: conduct national supervisor system reform work in Beijing, Shanxi, Zhejiang.

I. Establish Supervision Commissions in counties, cities, and municipal districts, within the jurisdictions of Beijing, Shanxi Province, and Zhejiang Provinces, to exercise supervisory powers. In pilot areas, the functions of the people's governments' supervision offices (bureau), Bureau of Corruption Prevention and the People's Procuratorates to investigate corruption, bribery, and dereliction, and to prevent crimes abusing public office, are to be integrated in the Supervision Commissions. Pilot area supervision commissions are created by the people's congresses at the same level. The chairpersons of the Supervision commissions are elected by the people's congresses at the same level; the vice-chairpersons and members are appointed and removed by the standing committees of the people's congresses at the same level at the recommendation of the chairpersons of the supervision commissions. The Supervision Commissions are responsible to the people's congresses and their standing committees at the same level and to the supervision commissions of the higher level, and accept their supervision.

II. Pilot area Supervision Commissions are to follow the scope of management authority to lawfully carry out supervision of all public personnel exercising public authority; perform oversight, investigation, and handling responsibilities; oversee and inspect public officials ' lawful performance of their duties, just use of power, political integrity, and compliance with ethics; investigate suspected corruption and bribery, abuses of power, dereliction of duty, rent-seeking, siphoning benefits, twisting the law for personal gain, wasting state assets, and other crimes abusing public office, and make a decision on their disposition; and where a crime abusing public office is suspected, transfer it to the procuratorate to initiate a public prosecution. 为履行上述职权,监察委员会可以采取谈话、讯问、询问、查询、冻结、调取、查封、扣押、搜查、勘验检查、鉴定、留置等措施。

III. In Beijing Municipality, Shanxi Province, and Zhejiang Province, temporarily adjust or suspend the application of the "Administrative Supervision Law of the People's Republic of China"; Article 3, Article 18, Article 148, and relevant provisions of Part 2, Chapter II, Section 11 concerning procuratorial organs investigating cases they directly handle, of the "Criminal Procedure Law of the People's Republic of China"; Article 5, item 2 of the "People's Procuratorate Organic Law of the People's Republic of China"; Article 6, item 3 of the "Procurators Law of the People's Republic of China"; the provisions of Article 59, item 5 of the "Law on the Organization of Local People's Congresses at All Levels and Local People's Governments at All Levels of the People's Republic of China" concerning all levels of local people's governments at or above the county level managing supervision efforts within their respective administrative regions. The supervisory responsibilities carried out by administrative supervisory organs as stipulated by other laws are all adjusted to be exercised by the supervision commissions.

实行监察体制改革,设立监察委员会,建立集中统一、权威高效的监察体系,是事关全局的重大政治体制改革。 试点地区要按照改革试点方案的要求,切实加强党的领导,认真组织实施,保证试点工作积极稳妥、依法有序推进。

This Decision shall take effect on December 26, 2016.

 

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  1. 25th Session Watch Pt. 4: More Information on the State Supervision System Reform – NPC Observer

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