Work rules for Discipline and Supervision Organs Investigation and Handling of Reports and Accusations

Promulgation Date: 2020-1-21
Title: Work rules for Discipline and Supervision Organs Investigation and Handling of Reports and Accusations
Document Number:
Expiration date: 
Promulgating Entities:General Office of the CPC Central Committee
Source of text: http://www.gov.cn/zhengce/2020-02/03/content_5474297.htm

Chapter I: General Provisions

Article 1: These rules are drafted on the basis of the "Constitution of the Communist Party of China" the "Communist Party of China Regulations on Internal Supervision, and other internal Party regulations, and the "Consitution of the P.R.C.“ and the “Supervision Law of the P.R.C.” so as to regulate the disciplinary inspection organs' efforts to handle reports and accusations, to ensure the rights of Party members and the public to supervise, and to preserve the lawful rights and interests of Party Members' and cadres.

Article 2: Resolutely uphold the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important concept of the "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, strengthening the four awarenesses and the four 'confidence', so that the two preservations are achieved, thoroughly advance the comprehensive and strict governance of the Party, meeting the requirement of the Discipline Inspection Committee and the supervision commissions working together, handling reports and accusations in accordance with regulations, discipline and law, to improve the Party and State's supervision system, strengthening restraints and supervision on the use of power.

Article 3: Discipline and supervision organs shall earnestly handle reports and accusations, respond to the public's concerns, and give play to the role of the Party and State's designated supervision organs to ensure that the Party's theory, path, directives, and policies as well as major decisions and deployments, in service of establishing a clean party and government, and social harmony and stability.

Article 4: Every organization and individual has the right to make a report or accusation to the discipline and supervision organs regarding the following conduct:

(1) Party organizations or Party members' violations of Party discipline such as political discipline, organizational discipline, clean-governance discipline, public discipline, work discipline, lifestyle discipline,

(2) Subjects of supervision not lawfully performing their duties or violating provisions on honesty in the use of public authority, clean governance, or ethical operations, and suspected violations or crimes in public office such as corruption, abuse of authority, dereliction of duty, rent-seeking, soliciting benefits, twisting the law for personal gain, as well as wasting state assets;

(3) Other conduct in violations of discipline and law that it is provided shall be addressed by the discipline and supervision organs.

Article 5: Discipline and supervision organs shall obey the following principles when handling work on reports and accusations:

(1) Seeking truth from facts. Handle reports and investigations based on facts, and encourage and support the people making reports to objectively and truthfully reflect the situation.

(2) Following regulations, discipline, and law. Handle reports and accusations in accordance with the Party Constitution, party rules, and party discipline, with the Constitution and laws, as well as with relevant provisions on petitioning, to lead the people making reports and accusations to follow rules and laws to rationally and orderly reflect problems.

(3) Safeguarding lawful rights. Implement the requirements of the 'thee distinctions' to both safeguard the supervision right of those making reports and accusations, and to discover false accusations and framing, to protect Party members, cadres and officials' active innovation in handling matters.

(4) Stratify responsibility and divide labor. Accept reports and accusations in accordance with the scope of management authority, establishing working mechanisms for mutual cooperation and restraint between departments such as for petition reports, supervision investigations, review and investigation, and case supervision and management.

Article 6: Construct an inspection and reporting platform that covers the discipline and supervision system, using internet technology and digital approaches to clear channels for reports and accusations, regulate efforts to handle reports and accusations, promptly discovering issues and leads, scientifically researching and assessing the political state, and doing a better job of serving the masses.

Chapter II: Receipt and Acceptance of Reports and Accusations

Article 7: Discipline and supervision organs shall receive reports and accusations submitted by the person making the reports and accusations through the following methods:

(1) Recounted in a posted letter to the discipline and supervision organs;

(2) Recounted in person at a reception location designated by the discipline and supervision organs;

(3) Recounted by calling the discipline and supervision organs reporting and accusation number;

(4) Recounted in electronic materials submitted on online platforms for the acceptance of reports and accusations, such as the discipline and supervision organs website, public Wechat platform, phone client terminals, and so forth;

(5) Recounted through other channels established by the discipline and supervision organs.

Reports and accusations that are transferred by other organs, departments, or units, that are within the scope of acceptance by the discipline and supervision organs shall be received in accordance with regulations.

Article 8: County-level discipline and supervision organ shall make clear which departments and personnel are responsible for taking responsibility petition reports, setting up areas for receiving the public, and disclosing the address, telephone, website, and other information for making reports and complaints, publishing the relevant rules systems, and aggregating collecting reports and complaints.

Inspection patrol work bodies are to handle the received reports and accusations in accordance with relevant provisions.

Article 9: Discipline and supervision organs shall responsibly receive petitioners, patiently hear the issue they recount, and do a good job of responding to concerns and emotional counseling, to improve the handling of issues.

Establish a system for discipline and supervision cadres regular periodic reception of petitioners, with relevant responsible parties receiving important petitioners and handling important petitioning issues.

Article 10: The discipline and supervision organs' department for petition reports shall implement index number registration for reports and accusations that are within the scope of their acceptance, and record them in the reporting platform as provided.

Reports and accusations that involve subjects of supervision who are Party members and cadres under the management of the Party committee at the same level shall be regularly sorted, aggregated, and reported to the primary responsible person for that organ.

Article 11: Acceptance of reports and accusations work is to be graded in accordance with management authority:

（一）中央纪委国家监委受理反映中央委员、候补中央委员，中央纪委委员，中央管理的领导干部，党中央工作机关、党中央批准设立的党组（党委），各省、自治区、直辖市党委、纪委等涉嫌违纪或者职务违法、职务犯罪问题的检举控告。

（二）地方各级纪委监委受理反映同级党委委员、候补委员，同级纪委委员，同级党委管理的党员、干部以及监察对象，同级党委工作机关、党委批准设立的党组（党委），下一级党委、纪委等涉嫌违纪或者职务违法、职务犯罪问题的检举控告。

（三）基层纪委受理反映同级党委管理的党员，同级党委下属的各级党组织涉嫌违纪问题的检举控告；未设立纪律检查委员会的党的基层委员会，由该委员会受理检举控告。

In accordance with the scope of their management authority, the Discipline Inspection Commissions and Supervision Commissions at all levels are to accept reports and accusations on alleged discipline violations, or violations and crimes abusing public office, committed by cadres of their own organs.

Article 12: The discipline inspection and supervision organs that have jurisdiction and are set up within regulatory departments shall accept reports and accusations about alleged discipline violations or violations or crimes abusing public office committed by Party members, cadres, and subjects of supervision in the regulatory department, that reflect the Party's organizational relationships in the area or its authority to manage cadres. Where local discipline and supervision organs receive reports and accusations, the may accept it after coordinating with the discipline and supervision organ set up in a regulatory department or that has jurisdiction.

Article 13: Discipline and supervision organs are not to accept those that recount the following matters:

(1) Those that are already being resolved, or should be resolved, through channels such as litigation, arbitration, administrative ruling, or administrative reconsideration.

(2) Those that it is provided are within other organs or units' scope of responsibility;

(3) Those that only list the name of discipline violations, malfeasance in office, or crimes abusing public office, but have not substantive content.

对前款第一项、第二项所列事项，通过来信反映的，应当及时转有关机关或者单位处理；通过来访、来电、网络举报受理平台等方式反映的，应当告知检举控告人依规依法向有权处理的机关或者单位反映。

Chapter III： Handling Reports and Accusations

Article 14: 　纪检监察机关信访举报部门经筛选，对属于本级受理的初次检举控告，应当移送本机关监督检查部门或者相关部门，并按规定将移送情况通报案件监督管理部门；对于重复检举控告，按规定登记后留存备查，并定期向有关部门通报情况。

The department undertaking it shall designate personnel responsible for management, register them individually, and establish a ledger.

Article 15: 　纪检监察机关信访举报部门收到属于上级纪检监察机关受理的检举控告，应当径送本机关主要负责人，并在收到之日起5个工作日内报送上一级纪检监察机关信访举报部门；收到反映本机关主要负责人问题的检举控告，应当径送上一级纪检监察机关信访举报部门。

对属于上级纪检监察机关受理的检举控告，不得瞒报、漏报、迟报，不得扩大知情范围，不得复制、摘抄检举控告内容，不得将有关信息录入检举举报平台。

Article 16: Discipline and supervision organs' departments for petitioning that receive reports and complaints that are in the scope to be accepted by a lower level, they shall promptly transfer them.

The discipline and supervision organs at the level below shall register reports and accusations that are transferred to them, and complete acceptance or transfer work within 5 days of receiving them.

Article 17: 　纪检监察机关监督检查部门应当对收到的检举控告进行认真甄别，对没有实质内容的检举控告或者属于其他纪检监察机关受理的检举控告，在沟通研究、经本机关分管领导批准后，按程序退回信访举报部门处理。

监督检查部门对属于本级受理的检举控告，应当结合日常监督掌握的情况，进行综合分析、适当了解，经集体研究并履行报批程序后，以谈话函询、初步核实、暂存待查、予以了结等方式处置，或者按规定移送审查调查部门处置。

Article 18: The discipline and supervision organs' departments for inspections, review, and investigation shall give feedback to the department for petition reports each quarter on the outcome of reports and accusations for which handling is complete.

The content of the feedback shall include the method of handling, the truth, and feedback from the person making the report or accusation, etc.

Article 19: The case oversight and management departments of discipline and supervision organs shall strengthen oversight of the handling of reports and accusations. Departments for petition reports, oversight and inspection, and review and investigation shall regularly report relevant circumstanced to the departments for case oversight and management.

Chapter IV Inspection and Oversight

Article 20: With the approval of the organ's leadership, the petition and reporting departments of discipline and supervision organs may send a letter to assign work on reports or accusations that have been accepted by lower-level discipline and supervision organs in any of the following situations:

(1) There are clear violations of discipline or law in implementing the Party Central Committee's major decisions or deployments;

(2) The issue is typical or the masses have a strong reaction to it;

(3) Not handling reported issues for a long time, creating a negative impact;

(4) Other circumstances that need to be assigned for handling.

Article 21: 　下级纪检监察机关接到交办的检举控告后，一般应当在3个月内办结，并报送核查处理情况；经本机关主要负责人批准，可以延长3个月，并向上级纪检监察机关报告。 Where special situations require further extension of the handling period, this shall be reported for approval to the discipline and supervision organs at the level above.

Article 22: In case of any of the following circumstances, upon approval of the leaders in charge of the assigned authorities, the assigned authorities oversee the handling by methods such as sending letters, hearing reports, reviewing files, inspections and urging.

(1) Having still not completed handling after exceeding the time allowed;

(1) Lackluster organization, not earnestly verifying and handling, or passing the buck and going through the motions;

(3) Supplemental verification, a new opinion or research and handling, or materials related to supplemental service are required;

(4) Other circumstances that need supervision of handling.

Article 23: The circumstances of the verification and disposition of reports from the organs handling reports and accusations shall be collectively reviewed and studied, and after approval by the primary responsible person for the corresponding organ shall be reported to the discipline and supervision organ at the level above.

Chapter V: Handling of Reports Made in One's Real-Name

Article 24: Where persons making reports or accusations use their real name or the name of their unit, and have specific contact methods such as phone, it is a real-name report or accusation.

Discipline and supervision organs' departments for petition reports may verify and whether reports and accusations are true by phone or in person.

Article 25: Discipline and Supervision organs are to advocate and encourage real name reports and accusations, give priority to them in handling, disposition, and giving responses.

Article 26: 　纪检监察机关信访举报部门对属于本机关受理的实名检举控告，应当在收到检举控告之日起15个工作日内告知实名检举控告人受理情况。 Where reports and accusations are duplicative, information is not given again.

Article 27: 　承办的监督检查、审查调查部门应当将实名检举控告的处理结果在办结之日起15个工作日内向检举控告人反馈，并记录反馈情况。 检举控告人提出异议的，承办部门应当如实记录，并予以说明；提供新的证据材料的，承办部门应当核查处理。

Article 28: 　实名检举控告经查证属实，对突破重大案件起到重要作用，或者为国家、集体挽回重大经济损失的，纪检监察机关可以按规定对检举控告人予以奖励。

Article 29: Where anonymous reports and accusations are within the scope of acceptance, the discipline and supervision organs shall accept them in accordance with procedures.

对匿名检举控告材料，不得擅自核查检举控告人的笔迹、网际协议地址（IP地址）等信息。 对检举控告人涉嫌诬告陷害等违纪违法行为，确有需要采取上述方式追查其身份的，应当经设区的市级以上纪委监委批准。

Article 30: Where there is a signature, but it is not the real name of the informant or accuser (name of the unit) or the report or accusation cannot be verified, it is to be treated as an anonymous.

Chapter VI: The Comprehensive Use of Reports and Accusations

Article 31: Discipline and supervision organs shall periodically study and assess the reporting and accusation situation in the jurisdiction, departments, and units to which they belong, and submit recommendations for work focused on typical, widespread, or emerging problems, and forming a comprehensive analytical report to send to the discipline and supervision organs at the level above, and when necessary, report to the Party committee for the same level.

Discipline and supervision organs shall carry out analysis on special topics based on the key points of efforts to strictly and comprehensively govern the Party, to establish a clean Party and honest government, and to combat corruption.

The related analysis may be sent to the relevant Party organization for areas, departments, or units where problems are concentrated or there is strong feedback.

Article 32: Discipline and supervision organs shall promptly provide situations relating to the regions, departments, and units being inspected on patrol, as requested by the patrol inspection work bodies.

Article 33: When carrying out routine oversight, the discipline and supervision organs shall summarize, assess, and consolidate all aspects of information on reports and accusations, to comprehensively understand the political ecology in the unit being overseen and the thinking, work, style, and lifestyle of the subjects of supervision, to increase the focus and efficacy of supervision.

Article 34: In regions, departments, or units where reports and accusations are more plentiful, where after study and verification the discipline and supervision organs discover that there are problems in the relevant Party organizations or in the establishment of clean Party and honest government, they shall submit discipline inspection recommendations or supervision recommendations and urge that reforms be implemented.

Chapter VII: Parties' Rights and Obligations

Article 35: Persons making reports and accusations enjoy the following rights:

(1) To submit reports or accusations against Party organizations and Party members, and cadres, as well as subjects of supervision suspected of violations of discipline and law;

(2) To apply for the recusal of staff members related to the subject matter of the report or accusation;

(3) To submit reports or accusations regarding the dereliction of duty or other conduct in violation of discipline or laws by the organ accepting reports and complaints as well as relevant staff;

(4) Where their lawful rights have been threatened or infringed as the result of the report or accusation, they may submit an application for protection;

(5) To receive commendations and rewards where reporting or making accusations of serious violations of discipline or law that prove true upon verification.

(6) Other rights provided for in internal Party regulations or laws and regulations.

Article 36: Persons making reports and accusations shall perform the following obligations:

(1) Truthfully provide all circumstances and evidence that they know of and take responsibility for the veracity of the content of reports and accusations; they must not exaggerate or twist the facts, and must not make false accusations or frame others;

(2) Conscientiously preserve societal public order and the order of petitioning; the rights and interests of the Party, State, and people must not be harmed, as well as the lawful rights of citizens;

(3) Accept comments from Party organizations and units on the correct handling; and requests other than those provided for in Party regulations, laws, and regulations must not be made;

(4) Maintain confidentiality of the outcome of the handling of the feedback;

(5) Other obligations provided for in internal Party regulations, laws and regulations.

Article 37: The subjects of reports and accusations shall perform the following obligations:

(1) Correctly respond to the report or accusation, correcting any mistakes and preventing others, and becoming accustomed to working and living in an environment of supervision and restraint;

(2) Believe in and rely on the organization, cooperating in efforts to understand and verify, seeking truth from facts to explain the problem; the inspection and investigation must not be resisted;

(3) Respect the person making the report or accusation and the personnel handling it, revenge must not be carried out against them;

(4) Other obligations provided for in internal party regulations, laws, and regulations.

Article 38: The subjects of reports and accusations enjoy the following rights:

(1) Make explanations and justifications regarding the issues in the report or accusation;

(2) When basic-level Party organizations discuss and decide on their disposition or sanctions, they may participate and give defenses.

(3) Apply for feedback and verification of the outcomes;

(4) Where unsatisfied with dispositions or sanctions received, they may make a complaint appeal or apply for a review;

(5) Make reports and accusations regarding dereliction of duty or violations of discipline and law by the accepting organs or the personnel handling the report or accusation;

(6) Other rights provided for in internal Party regulations or laws and regulations.

Chapter VIII: Investigation and Handling of False Accusations and Framing

Article 39:Using methods such as making up facts or fabricating materials to reflect a problem, or to try and cause others to suffer a negative political impact, reputation damage, or to be pursued for accountability, are included in false accusations and framing.

The designation of false reports and framing shall be through the approval of a Party committee or discipline and supervision organ at the districted-city level or higher.

Article 40: Discipline and supervision organs shall strengthen analysis and screening of reports and accusations, paying attention to discovering abnormal reporting and accusation conduct, and carrying out focussed verification. Where there are false accusations or framing, handle them sternly in accordance with regulations, discipline, and law, or transfer them to the relevant organs to be handled in accordance with law.

Article 41: In any of the following circumstances, false accusations and framing shall be given heavier punishments:

(1) The tactics were heinous and caused a negative impact;

(2) It seriously disrupted a general election or the selection and appointment of cadres;

(3) Continued to make false accusations of others after an investigation has already reached a clear conclusion;

(4) Coerced or incited others to make false accusations or to frame someone.

(5) Other situations that cause serious consequences.

Article 42: The discipline and supervision organs shall circulate and reveal examples of cases of false accusations and framing that they have investigated.

Article 43: 　纪检监察机关对通过诬告陷害获得的职务、职级、职称、学历、学位、奖励、资格等利益，应当建议有关组织、部门、单位按规定予以纠正。

Article 44: 　对被诬告陷害的党员、干部以及监察对象，纪检监察机关、所在单位党组织应当开展思想政治工作，谈心谈话、消除顾虑，保护干事创业积极性，推动履职尽责、担当作为。

Article 45: The discipline and supervision organs shall distinguish between false accusations or framing and mistaken accusations. Where it is a mistaken accusation, the person making the report or accusation may be given education.

Chapter IX: Work Requirements and Responsibilities

Article 46: 　纪检监察机关及其工作人员在处理检举控告工作中，应当强化宗旨意识，改进工作作风，注意工作方法，对于不予受理事项或者不合理诉求做好解释说明，不得自以为是、盛气凌人，不得漠视群众疾苦、对群众利益麻木不仁。

Article 47:Discipline and supervision organs shall establish and complete confidentiality systems for reports and accusations, strictly implementing requirements for confidentiality;

（一）对检举控告人的姓名（单位名称）、工作单位、住址等有关情况以及检举控告内容必须严格保密；

（二）严禁将检举控告材料、检举控告人信息转给或者告知被检举控告的组织、人员；

（三）受理检举控告或者开展核查工作，应当在不暴露检举控告人身份的情况下进行；

（四）宣传报道检举控告有功人员，涉及公开其姓名、单位等个人信息的，应当征得本人同意。

Article 48: Persons handling reports and accusations who have any of the following circumstances shall proactively raise recusal, and the parties have the right to request their recusal, with the decision on recusal being made by the discipline and supervision organs.

(1) Where they are the subject or close relative of the subject of the report or accusation;

(2) The person or their close relative has an interest in the issue of the accused;

(3) Other circumstances that might impact the fairness of handling issues in the report or accusation.

Article 49: 　检举控告人及其近亲属的人身、财产安全因检举控告而受到威胁或者侵害，并提出保护申请的，纪检监察机关应当依法、及时提供保护。 When necessary, the disciplinary inspection and supervision organs may consult with relevant authorities for assistance.

被检举控告人有危害人身安全和损害财产、名誉等打击报复行为的，依规依纪依法严肃处理。

Article 50: 　纪检监察机关核查认定检举控告失实、有必要予以澄清的，经本机关主要负责人批准后，可以采取以下方式予以澄清：

（一）向被检举控告人所在地区、部门、单位党委（党组）主要负责人以及本人发函说明或者当面说明；

（二）向被检举控告人所在地区、部门、单位党委（党组）通报情况；

(3) Circulate notice within a certain range.

Article 51: 　对因检举控告失实而受到错误处理、处分的，纪检监察机关应当在职权范围内予以纠正，或者向有权机关提出纠正建议。

Article 52: 　纪检监察机关及其工作人员有以下情形之一，依规依纪严肃处理；涉嫌职务违法、职务犯罪的，依法追究法律责任：

（一）私存、扣压、篡改、伪造、撤换、隐匿、遗失或者私自销毁检举控告材料的；

（二）超越权限，擅自处理检举控告材料的；

（三）泄露检举控告人信息或者检举控告内容等，或者将检举控告材料转给被检举控告的组织、人员的；

（四）隐瞒、谎报、未按规定期限上报重大检举控告信息，造成严重后果的；

(5) Other cirumstances in violation of rules, discipline, and laws.

利用检举控告材料谋取个人利益或者为打击报复检举控告人提供便利的，应当从重处理。

Chapter X: Supplementary Provisions

Article 53:The departments of 'oversight and inspection' and 'review and investigation' as used in these Rules refers to the departments in discipline and supervision organs that have these duties and to review and investigation teams set up between departments.

Article 54: 　对纪检监察机关在监督检查、审查调查中发现的问题线索，审计机关、执法部门、司法机关等单位移交的信访举报以外的问题线索的处理，其他党内法规和法律法规另有规定的，从其规定。

Article 55: 　纪委监委派驻（派出）机构和国有企业、高校等企事业单位纪检监察机构除执行本规则外，还应当执行党中央以及中央纪委国家监委相关规定。

Article 56:The Central Military Commission may draft relevant provisions based on these Provisions.

Article 57: These Provisions are to be interpreted by the Central Discipline Commission and State Supervision Commission.

Article 58: These rules take effect from their date of issue. Wherever previously published provisions related to discipline inspection and supervision organs handling of reports and accusations are inconsistent with these Rules, proceed in accordance with these Provisions.