Supervision Law of the PRC (2018)

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Title: Supervision Law of the People's Republic of China
Promulgating Entities:The National People's Congress
Reference number: 
Promulgation Date: 2018-3-20
Expiration date: 
Source of text: http://www.npc.gov.cn/npc/xinwen/2018-03/21/content_2052362.htm

 

Supervision Law of the People's Republic of China

The National People's Congress

Supervision Law of the People's Republic of China

(passed on March 20, 2018 by the first meeting of the 13th Session of the National People's Congress)

CONTENTS

Supervision Law of the People's Republic of China

Chapter I: General Provisions

Chapter II: Supervision Organs and Their Duties

Chapter III: Scope of Supervision and Jurisdiction

Chapter IV: Scope of Supervision Authority

Chapter V: Supervision Procedures

Chapter VI: International Cooperation Against Corruption

Chapter VII: Oversight of Supervision Organs and Supervision Personnel

Chapter VIII: Legal Responsibility

Chapter IX: Supplementary Provisions

Supervision Law of the People's Republic of China

Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution so as to deepen the reform of the state supervision system, to strengthen oversight of all public employees who exercise public power, to bring about full coverage of state supervision, to thoroughly carry out anti-corruption efforts, and to advance the modernization of the national governance system and governance capacity.

Article 2: Persist in the leadership of the Communist Party of China over state supervision work, and be guided by Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of "Three Represents," the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to build a state supervision system with Chinese characteristics that is centralized and unified, authoritative and highly efficient.

Article 3: The Supervision Commissions of all levels are the specialized organs for the exercise of state supervision functions, and are to follow this Law to conduct supervision of all public employees exercising public power (hereinafter public employees), investigate violations and crimes abusing public office, carry out efforts to establish a clean government and fight corruption, and preserve the dignity of the Constitution and laws.

Article 4: The Supervision Commissions exercise supervision power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, social group, or individual.

Supervision Organs handling cases of violations or crimes abusing public office, shall mutually cooperate with and mutually restrict the adjudicatory organs, procuratorial organs, and law enforcement departments.

Where the Supervision Organs need assistance in their work, the relevant organs and units shall give assistance in accordance with law, as requested by the Supervision Organs.

Article 5: State supervision work is to strictly conform to the Constitution and laws, have the facts as its basis with the laws as their measure, and apply the laws equally to all; ensure parties' lawful rights and interests, have authority corresponding to responsibility, and strict oversight; and punishment is to be combined with education, leniency combined with severity.

Article 6: State supervision work is to persist in treating both symptoms and root causes, and in comprehensive administration; it is to strengthen oversight and accountability, and strictly punish corruption; it is to deepen reforms and complete the rule by law [法治], it is to effectively restrain and oversee power; and it is to strengthen education on law and ethics, promote the outstanding traditional Chinese culture, and establish long-term and effective mechanisms making it so that no one dares to be corrupt, no one is able to be corrupt, and no one wants to be corrupt.

Chapter II: Supervision Organs and Their Duties

Article 7: The State Supervision Commission of the People’s Republic of China is the highest Supervision Organ.

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

Article 8: The State Supervision Commission is created by the National People's Congress, and is responsible for supervision work nationwide.

The State 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 appointed or removed by proposal of the director of the State Supervision Commission to the Standing Committee of the National People's Congress.

The term of office of the State Supervision Commission Director is the same as that for the National People's Congress, and they must not serve for more than two consecutive terms.

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

Article 9: Local Supervision Commissions are created by the people's congress at the corresponding level, and are responsible for supervision work in their respective administrative regions.

All levels of local Supervision Commission are to be composed of a director, several deputy directors and several members; with the director elected by the people's congress at the corresponding level and the deputy directors and members appointed or removed by proposal of the director of the Supervision Commission to the standing committee of the people's congress at the corresponding level.

The term of office for directors of all levels of local Supervision Commissions is the same as that for the people's congress at the corresponding level.

All levels of local 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 oversight.

Article 10: The State Supervision Commission leads the work of local Supervision Commissions at all levels, and higher Supervision Commissions lead the work of lower Supervision Commissions.

Article 11: Supervision Commissions carry out the duties of oversight, investigation, and disposition in accordance with this Law and relevant laws:

(1) Carry out education for public employees in clean governance, and oversee and inspect their performance of duties in accordance with law, just use of authority, clean governance, and ethical conduct;

(2) Conduct investigations into violations and crimes abusing public office, such as suspected corruption, bribery, abuse of power, dereliction of duty, rent-seeking, siphoning benefits, twisting the law for personal gain, and wasting State assets;

(3) Make decisions on governmental sanctions for public employees who break the law; hold accountable those leadership personnel who perform their duties ineffectively or who shirk their duties and responsibilities; transfer the investigative conclusions on suspected crimes abusing public office to the people’s procuratorates to initiate public prosecutions in accordance with law; and issue supervision recommendations to the units of the targets of supervision.

Article 12: All levels of Supervision Commission may station or dispatch supervision bodies or Supervision Commissioners in organs of the Communist Party of China, state organs, or organizations and units authorized by laws or regulations or retained to administer public affairs at the corresponding levels, as well as to the administrative regions or state-owned enterprises under their jurisdiction.

The supervision bodies or commissioners are responsible to the Supervision Commissions that stationed or dispatched them.

Article 13: As authorized, stationed or dispatched supervision bodies or Supervision Commissioners are to conduct oversight of public employees and issue supervision recommendations in accordance with the scope of their management authority; and are to lawfully investigate and handle public employees.

Article 14: The State is to implement an ombudsman system, lawfully determining systems such as for the hierarchical setup, appointment and removal, evaluation, and promotion of ombudsmen.

Chapter III: Scope of Supervision and Jurisdiction

Article 15: Supervision Organs are to conduct supervision of the following public employees and relevant personnel:

(1) Officials of Chinese Communist Party organs, organs of people's congresses and their standing committees, people's governments, Supervision Commissions, people's courts, people's procuratorates, organs of CPPCC committees at all levels, democratic party organs, and organs of the federations of industry and commerce, 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 autonomous mass organizations;

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

Article 16: In accordance with the scope of their management authority, all levels of Supervision Organ are to have jurisdiction over supervision matters in their jurisdictional region that involve the personnel provided for in article 15 of this Law.

A higher-level Supervision Organ 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 the jurisdiction of supervision matters, they shall be determined by their common higher-level Supervision Organ.

Article 17: Higher level Supervision Organs may designate a lower level Supervision Organ as having jurisdiction over supervision with its jurisdiction, or may appoint a different 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 a higher level Supervision Organ take jurisdiction, they may request that a higher Supervision Organ take jurisdiction.

Chapter IV: Scope of Supervision Authority

Article 18: Supervision Organs exercising their oversight and investigation authority have the right to learn of circumstances and gather or collect evidence from relevant units or individuals in accordance with law. Relevant units and individuals shall truthfully provide it.

Supervision Organs and their staffs shall preserve the confidentiality of the state secrets, commercial secrets or personal privacy that they learn of in the course of oversight and investigations.

Evidence must not be fabricated, concealed, or destroyed by any unit or individual.

Article 19: In accordance with their management authority, the Supervision Organs may, either directly or by retaining relevant organs or personnel, talk with or request explanations of situations from targets of supervision that might have illegally abused public office.

Article 20: During the course of investigation, Supervision Organs may request that persons under investigation for suspected illegal abuse of public office give statements regarding the suspected illegal conduct, and when necessary, issue a written notice to the person under investigation.

The Supervision Organs may conduct an interrogation and request a truthful statement about the suspected crime from those under investigation for suspected embezzlement and bribery, dereliction of duty, and other such crimes abusing public office.

Article 21: During the course of an investigation, the Supervision Organs may question witnesses and other such persons.

Article 22: Where the persons under investigation are suspected of serious violations or crimes conduct abusing public office such as corruption, bribery, or dereliction of duty, and the Supervision Organs already have a handle of some of the facts and evidence on the violations or crimes, but still have major issues that need further investigation, then after review and approval by the Supervision Organ in accordance with law, they may be 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 testimony or fabricate, conceal, or destroy evidence;

(4) They might have other conduct obstructing investigation.

Persons implicated in cases of suspected bribery or joint crimes abusing public office, may be retained in custody by the Supervision Organs on the basis of the preceding paragraph.

The setup, management, and oversight of sites for retention in custody are to be implemented in accordance with relevant state provisions.

Article 23: When investigating corruption, bribery, dereliction of duty, or other serious violations or crimes abusing public office, the Supervision Organs may, as necessary for work, make inquiries into and freeze assets of units and persons implicated in the case, such as savings, remittances, bonds, stocks and fund shares, in accordance with the provisions. Relevant units and individuals shall cooperate. Relevant units and individuals shall cooperate.

Where frozen assets are shown to be unrelated to the case through investigation, they shall be unfrozen and returned within three days.

Article 24: Supervision Organs may conduct searches of the persons, items, domiciles, and other places related to the persons being investigated for crimes abusing public office as well as of persons who might be hiding the persons under investigation or criminal evidence. When conducting searches, search documents shall be presented and an authenticating witness, such as the persons being searched or their family members, shall be present.

Searches of women's persons shall be carried out by female personnel.

When conducting searches, the Supervision Organs may request that the public security organs cooperate as necessary for work. The public security organs shall provide assistance in accordance with law.

Article 25: During the course of investigations, the Supervision Organs may collect, seal, or seize information such as property, documents, and electronic data that are to be used to prove the violations or crimes of which the person under investigation is suspected. In taking measures to collect, seal, or seize, the original item shall be taken, and each item is to be photographed, registered, and numbered, collaboratively with the person in possession, custodian, or authenticating witness, and a catalog is to be made and signed by those at scene, and a copy of the catalog is to be given the person in possession or custodian.

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.

Where the sealed or seized property or documents are shown to be unrelated to the case through investigation, they shall be unsealed or unseized and returned within three days.

Article 26: During the course of investigations, the Supervision Organs may, directly or by appointment, employ personnel with specialized knowledge or qualifications to carry out inspections or examinations presided over by the investigators. A written record shall be made of the results of the inspection or examination, to be signed or have a seal affixed by the inspecting or examining personnel and the authenticating witnesses.

Article 27: During the course of investigations, the Supervision Organs may appoint or employ persons with specialized knowledge to conduct evaluations of specialized issues in the cases. After conducting appraisals, the appraisers shall write and sign appraisal opinions.

Article 28: When conducting investigations of suspected crimes abusing public office such as major corruption or bribery, the Supervision Organs may, as necessary and upon completing strict approval procedures, employ technical investigation measures and follow provisions to have the relevant organs carry them out.

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. Where it is not necessary to continue employing technical investigation measures, they shall be promptly lifted.

Article 29: If the persons under investigation who shall be lawfully retained in custody are at large, the Supervision Organs may decide to list them as wanted within their respective administrative regions, and the public security organs are to issue a wanted notice and seek to bring them in. Where the scope of the wanted bulletin exceeds that administrative region, it shall be reported to a higher Supervision Organ with authority to make the decision.

Article 30: In order to prevent the persons under investigation and related personnel from escaping outside the mainland territory, Supervision Organs may, with the approval of the Supervision Organ at or above the provincial level, take measures to limit the persons under investigation and related personnel from leaving the mainland territory, and the public security organs are to enforce them in accordance with law. Where it is not necessary to continue employing measures restricting exit from the mainland territory, they shall be promptly lifted.

Article 31: Where persons under investigation for suspected crimes abusing public office voluntarily admit guilt and accept punishment, and have any of the following circumstances, then after collective research by the leadership personnel, and reporting to the Supervision Organ at the level above for approval, the Supervision Organs may issue a recommendation for lenient punishment when they are transferred to the people's procuratorate:

(1) voluntarily surrenders and truly acknowledges and repents the crime;

(2) actively cooperates with the investigation and truthfully confesses illegal or criminal acts of which the Supervision Organ has not yet been aware;

(3) proactively returns the spoils and reduces damages;

(4) made a major meritorious contribution or where the case involved major State interests.

Article 32: Where persons implicated in cases of violations or crimes abusing public office reveal violations or crimes abusing public office that prove true; or provide important leads that assist in the investigation of other cases; then after collective research by the leadership, and reporting to the Supervision Organ at the next higher level for approval, the Supervision Organs may issue a recommendation for lenient punishment when the case is transferred to the procuratorate.

Article 33: 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 Organs shall be consistent with the evidentiary requirements and standards for criminal adjudication.

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 34: Where people's courts, people's procuratorates, public security organs, auditing organs and other state organs discover in their work any leads about suspected corruption, bribery, dereliction of duty, or other violations or crimes abusing public office by public employees, they shall transfer them to the Supervision Organs, and the Supervision Organs are to investigate and handle them in accordance with law.

Where persons under investigation are suspected of both serious violations or crimes abusing public office, and other illegal or criminal acts, the Supervision Organ shall generally take the lead in the investigation, and other organs are to assist.

Chapter V: Supervision Procedures

Article 35: Supervision Organs shall accept and handle reports or informant reports, in accordance with the relevant regulations. Those that do not come within their respective jurisdictions shall be transferred to the competent organs for disposition.

Article 36: The Supervision Organs shall carry out their work in strict accordance with procedures, and shall establish working mechanisms for mutual assistance and mutual restraint in the various departments that handle, investigate, and hear issues and leads.

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 shall 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 it is necessary to adopt preliminary verification methods to handle issues and leads, the Supervision Organs 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 reports and categorized handling opinion reports are to be reported to the principal responsible person of the Supervision Organs for review and approval.

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

After approving the filing of cases in accordance with law, the principal responsible persons of Supervision Organs shall 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 person under investigation and reported to relevant organizations. Where serious violations or crimes abusing public office are suspected, the family of the persons under investigation shall be informed, and they shall be announced to the public.

Article 40:In cases of violations or crimes abusing public office, the Supervision Organs shall investigate and gather evidence of whether the persons under investigation have broken the law or committed a crime and of the seriousness of the circumstances, and ascertain the facts of the violations or crimes, 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 persons under investigation, and persons implicated in the case, is strictly prohibited.

Article 41: When investigators employ investigation measures such as interrogation, questioning, retention in custody, searches, collection, sealing, seizure, inspection, or examination, they shall always follow regulations to present documents, issue a written notice, have two or more people carrying it out, and compose written materials such as notes or reports, and have the relevant personnel sign them and affix a seal.

When investigators conduct interrogations and important evidence gathering efforts such as searches, sealing, or seizures, they shall make an audiovisual recording of the entire process, and retain it for future reference.

Article 42: Investigators shall strictly implement the investigation plan, and must not freely expand the scope of the investigation or change its targets and matters.

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

Article 43:Supervisory Organs' employment of retention in custody measures shall be upon collective study and decision of the Supervisory Organ's leadership. Employment of retention in custody measures by Supervisory Organs at or below the districted city level, shall be reported to the Supervisory Organ at the level above for approval. Provincial level Supervisory Organ employment of retention in custody shall be reported to the State Supervision Commission for recording.

The period of retention in custody must not exceed three months. Under special circumstances, it may be extended once, and the extension period must not exceed three months. Where a Supervision Organ at the provincial level or below employs retention in custody measures, the extension of the period of retention in custody shall be reported to the Supervision Organ at the next higher level for approval. Where the Supervision Organs find that the employment of retention in custody measures is inappropriate, they shall promptly lift them.

Supervision Organs employing retention in custody measures may request that the public security organs cooperate, as necessary for work. The public security organs shall provide assistance in accordance with law.

Article 44:After a person under investigation is retained in custody, the unit or family of the person retained in custody shall be informed within 24 hours, except where there might be circumstances that would impede the investigation such as destruction or fabrication of evidence, disrupting witnesses from testifying, or colluding testimony. After the circumstances obstructing the investigation have been eliminated, the person being retained in custody's unit and family shall be immediately informed.

The Supervision Organs shall ensure the diet, rest, and safety 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 persons being interrogated after they read them.

Where persons retained in custody are suspected of crimes are transferred to the judicial organs and then lawfully sentenced to controlled release, short-term detention, or fixed-term imprisonment; every day they were retained in custody is to reduce controlled release by two days, or reduce short-term detention or imprisonment by one day.

Article 45:Based on the results of oversight and investigation, the Supervision Organs are to make the following dispositions in accordance with law:

(1) For public employees who have broken the law by abusing public office but the circumstance were more minor, follow the scope of authority to, either directly or by retaining a relevant organ or personnel, talk with them and remind them, criticize and educate them, order inspections, or admonish them;

(2) Give public employees who have broken the law a warning, demerit, major demerit, demotion, removal, expulsion, or other governmental sanction decision in accordance with procedures.

(3) For leadership personnel who have responsibility for the nonperformance or incorrect performance of duties, follow the scope of management authority to either directly make a decision to hold them responsible, or make an accountability recommendation to an organ with authority to make decisions on accountability;

(4) For those 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, they are to draft written opinions in support of prosecution and transfer them, along with the case file materials and evidence, to the people’s procuratorates to have public prosecutions initiated in accordance with law;

(5) Issue a Supervision Recommendation on problems that exist in the clean governance establishment and performance of duties by the units of the subjects of the investigations.

After investigation, the Supervision Organs shall withdraw cases where there is no evidence proving that the persons under investigations have engaged in illegal or criminal acts, and report this the person under investigation's unit.

Article 46:After investigation, the Supervision Organs are to confiscate and recover any illegally obtained property, or order its return.

Article 47:In cases transferred by the Supervision Organs, the people's procuratorate is to employ compulsory measures against the person under investigation in accordance with the "Criminal Procedure Law of the People's Republic of China".

Where through investigation the people's procuratorate finds that the facts of the 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 people's procuratorate 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. In cases where investigation is supplemented, the supplementation shall be completed within one month. Supplementation of investigation is limited to two times.

Where there are circumstance for non-prosecution as provided for in the "Criminal Procedure Law of the People's Republic of China", upon reporting to the people's procuratorate at the level above, the people's procuratorate is to 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 from the people's procuratorate at the level above.

Article 48:Where the person under investigation by the Supervision Organs for corruption, bribery, dereliction of duty or other crimes abusing public office has escaped or died during the course of investigation, and there is a need to continue investigating, upon approval of the Supervision Organ at the provincial level or above the investigation shall be continued and a conclusion made. Where the person under investigation has escaped and cannot be brought in after being listed as wanted for one year, or has died, the Supervision Organs shall request that the people’s procuratorates follow legally prescribed procedures to apply to the people’s courts for confiscating any unlawful gains.

Article 49: Where the targets of supervision are dissatisfied with decisions made by the Supervision Organs' involving them, they may apply for a re-examination to the Supervision Organ that made the decision within one month of receiving the decision, and the re-examination organ shall issue a re-examination decision within one month; where the target of supervision is still dissatisfied with the re-examination decision, they may apply to the Supervision Organ at the level above for a review within one month of receiving the review decision; and the review organ shall make a review decision within two months. Enforcement of the handling decision is not suspended during the period for re-examination or review. Where the organ accepting the review finds that there is an error in the handling decision, the original handling organ shall promptly correct it.

Chapter VI: International Cooperation Against Corruption

Article 50:The State Supervision Commission is to carry out overall planning and coordination for international anti-corruption communication and cooperation with other nations, regions, and international organizations, and to organize efforts on the implementation of international anti-corruption treaties.

Article 51:The State Supervision Commission is to 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 52:The State Supervision Commission is to strengthen the organization and coordination of anti-corruption efforts such as international pursuit of stolen assets and fleeing persons and preventing escapes, and to spur the relevant units to do a good job of relevant work:

(1) In cases of crimes abusing public office, such as major corruption, bribery and dereliction of duty, where the persons under investigation have escaped outside the country (mainland territory) and the Supervision Organ has already obtained more conclusive evidence, bring them in through means such as carrying out overseas pursuit;

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

(3) Make inquiries of or monitor public employees suspected of crimes abusing public office and related persons in their 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 VII: Oversight of Supervision Organs and Supervision Personnel

Article 53:All levels of Supervision Commission shall accept oversight by the people's congress of that level and its standing committee

Standing committees of people's congresses at all levels are to hear and deliberate special work reports of the Supervision Commissions 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 inquiries or questioning about issues in supervision work.

Article 54:The Supervision Organs shall make information on Supervision work public in accordance with law, and accept democratic oversight, social oversight and public opinion oversight.

Article 55:Through measures such as establishing internal special oversight bodies, the Supervision Organs shall strengthen oversight of the supervision personnel's performance of their duties and compliance with the law, and establish a supervision corps that that is loyal, clean, and responsible.

Article 56: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 57:Where supervision personnel inquire into case circumstances or pry into a case, intercede or intervene, the supervision personnel handling the supervision matter shall promptly report it. Relevant circumstances shall be registered and filed for the record.

Where it is discovered that Supervision Personnel handling a supervision matter have, without permission, had contact with the persons under investigation, persons implicated in the case, and their designated associates, those who are aware shall promptly make a report. Relevant circumstances shall be registered and filed for the record.

Article 58:Where Supervision Personnel handling a supervision matter have any of the following circumstances, they shall voluntarily recuse themselves, and the targets of supervision, informants, or other relevant persons, also have the right to request recusal:

(1) Is a close relative of the target of the supervision or the informant;

(2) has served as a witness in that case;

(3) They, or their close relatives, have an interest in the supervision matters being handled;

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

Article 59: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 60:Where Supervision Organs or their staffs exhibit any of the following conduct, the persons being investigated and their 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) The sealing, seizure or freezing of assets should be lifted, but they do not do so;

(4) Embezzles, misappropriates, privately distributes, exchanges, or uses sealed, seized, or frozen assets in violation of regulations;

(5) Other conduct that violates laws and regulations or infringes upon the lawful rights and interests of the persons under investigation.

The Supervision Organ that accepts the appeal shall make a decision on its disposition within one month of receiving it. Where the complainant is dissatisfied with the disposition decision, they may apply for a review to the Supervision Organ at the level above within one month of receiving the disposition decision, and the Supervision Organ at level above shall handle make a decision on handling within two months of receiving the application for review, and where the circumstances are true, promptly make corrections.

Article 61: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, the responsible leaders and the directly responsible personnel shall be pursued for responsibility.

Chapter VIII: Legal Responsibility

Article 62: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 sanctions are to be given to the responsible leaders and directly responsible personnel in accordance with law.

Article 63:Where relevant personnel violate the provisions of this Law with any of the following conduct, their unit, the competent department, the organ at the level above, or the Supervision Organ is to order corrections, and lawfully give sanctions;

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

(2) Providing false circumstances to conceal the truth;

(3) Colluding testimony, or fabricating, concealing, or destroying 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 64:Where targets of supervision retaliate against or frame an accuser, informant, witness, or supervision personnel; or where accusers, informants, or witnesses fabricate facts to falsely accuse or frame the targets of supervision, they are to be dealt with in accordance with law.

Article 65: Where the Supervision Organs or their staffs exhibit any of the following conduct, the responsible leaders and the directly responsible personnel are to be dealt with in accordance with law:

(1) Disposing of leads without permission or authorization, concealing and not reporting major case circumstances after discovering them, or keeping or handling the materials involved in the case without authorization;

(2) Exploiting their authority or the influence of their positions to interfere with investigative work or 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 or inducing confessions from the persons under investigation or persons implicated in the case, or insulting, beating, berating, abusing, physically punishing, or covertly physically punishing them;

(5) Disposing of sealed, seized, or frozen property in violation of regulations;

(6) Causing case-handling security incidents in violation of regulations, or concealing and not reporting security incidents after they occur, making untruthful reports, or mishandling them;

(7) Employing retention in custody measures in violation of regulations;

(8) Restricting others from exiting the Mainland territory in violation of regulations, or not following regulations to lift restrictions on exiting the Mainland territory;

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

Article 66:Where violations of this Law constitute a crime, criminal liability is to be pursued in accordance with law.

Article 67:Where Supervision Organs and their staffs, in performing their duties, infringe on the lawful rights and interests of citizens, legal persons, and other organizations and cause harm, they shall pay state compensation in accordance with law.

Chapter IX: Supplementary Provisions

Article 68:Based on the provisions of this law, the Central Military Commission is to formulate specific provisions on the carrying out of supervision work by the Chinese People’s Liberation Army and the Chinese people's armed police forces.

Article 69:This law come into force on the date of promulgation. "The Administrative Supervision Law of the PRC" is simultaneously abolished.

 

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1 Comment

  1. 监督 is translated throughout as ‘oversight’ rather than ‘supervision (our normal term) to avoid confusion with ‘监察‘ which convention seems to dictate we should translate as supervision as well.

    I have capitalized ‘Supervision Commissions’ and ‘Supervision Organs’ throughout, not because they are proper nouns, but to indicate that this is a term of art, and not just any organ with a supervisory function

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