P.R.C. Law on Governmental Sanctions for Public Employees (2nd Deliberation Draft)

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS –THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

English中文(简体)

 1,416 total views,  4 views today

Contents

Chapter I: General Provisions

Chapter II: Types and Applicability of Governmental Sanctions

Chapter III: Illegal Conduct and the Applicable Governmental Sanctions

Chapter IV: Procedures for Governmental Sanctions

Chapter V: Review and Reconsideration

Chapter VI: Legal Responsibility

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: This Law is drafted on the basis of the "Supervision Law of the P.R.C." so as to standardize governmental sanctions, strengthen oversight of all public employees who exercise public authority, and promote public employees' lawful performance of duties, their grasp of public power, clean governance, and adherence to moral integrity.

Article 2: This Law applies to the supervision organs' activity in giving governmental sanctions to public employees who have violated the law.

Chapters II and III of this Law apply to the giving of sanctions by the recruitment organs and units for public employees; other laws, administrative regulations, State Council department rules, and other relevant state provisions are to be applied for sanctioning procedures and appeals;

"Public employees" as used in this law refers to the personnel provided for in article 15 of the "P.R.C. Supervision Law".

Article 3: The Supervision Organs are to strengthen oversight of public employees and lawfully give governmental sanctions to public employees who violate the law, in accordance with the scope of their management authority.

The organs or units for appointments and removals are to strengthen education, management, and oversight of public employees in accordance with their management authority, and lawfully give sanctions to public employees who violate the law.

Where supervision organs discover that the recruitment organs or units for public employees should have given sanctions but failed to do so, or gave sanctions illegally or improperly, they shall promptly submit a supervisory recommendation.

Article 4: In giving governmental sanctions to public employees, persist in the principle of the Party being responsible cadres and in making decisions through collective deliberation; persist in equality before the law and in being realistic and practical, to give governmental sanctions that correspond to the nature, circumstances, and degree of harm of the offense; and persist in combining punishment with education, and combining leniency and severity.

Article 5: In giving governmental sanctions to public employees, the facts shall be clear, the evidence shall be conclusive, the characterization shall be correct, the handling shall be appropriate, and the procedures complete.

Article 6: Public employees who are lawfully performing their duties are protected by law, and public employees must not receive governmental sanctions except for legally-prescribed grounds and in accordance with legally-prescribed procedures.

Article 7: The Supervision Organs and the recruitment organs and units must not give public employees duplicative governmental sanctions and other sanctions for the same illegal conduct.

Chapter II: The Types and Application of Governmental Sanctions

Article 8: The types of governmental sanction for public employees are:

(1) Warnings;

(2) Demerits;

(3) Major Demerits;

(4) Demotions;

(5) Removals;

(6) Dismissal.

Article 9: The time periods of governmental sanctions for public employees are:

(1) Warnings- 6 months;

(2) Demerits- 12 months;

(3) Major Demerits- 18 months;

(4) Demotion or Removal- 24 months;

The time periods for governmental sanctions are calculated from the date on which the sanction decision takes effect. Where public employees are dismissed, the employment relationship between them and the unit is ended from the date on which the sanction decision takes effect.

Article 10: Where public employees have been dismissed, they must not be hired as civil servants or persons managed with reference to the "People's Republic of China Law on Civil Servants'

Article 11: In any of the following circumstances, public employees that commit a crime are to be dismissed:

(1) Where due to an intentional crime, they are sentenced to controlled release, short-term detention, fixed-term imprisonment, or a higher penalty (including where the sentence is suspended);

(2) Where due to a crime of negligence, they are sentenced to fixed-term imprisonment in excess of 3 years;

(3) Where they were given deprivation of political rights as either a sole or concurrent punishment;

Where they were sentenced to controlled release, short-term detention, or less than three years imprisonment for a crime of negligence, the shall ordinarily be dismissed; but if the case has special circumstances and it is found that removal from their position is more appropriate, it is permissible to not dismiss them, but a report shall be submitted to the organ at the level above for approval.

Where public employees are given only a fine for a crime, where the people's procuratorate makes a lawful decision to not prosecute because the circumstances of the crime were minor, or where the people's court lawfully waives criminal punishment, they are to be removed from their post or dismissed.

Article 12: Where public employees have illegal conduct and the relevant organs give institutional dispositions in accordance with provisions, the Supervision Organs may concurrently give governmental sanctions.

Where public employees concurrently receive government sanctions and institutional dispositions, they are to be enforced for the longest of the periods.

Article 13: Where public employees have to or more illegal acts, the governmental sanctions shall be separately determined. Where different types of governmental sanctions shall be given in accordance with law, enforce the most serious of the governmental sanctions; where several governmental sanctions of the same type at a level lower than removal from a post shall be given, enforce the punishment and set the period somewhere between the period for the single governmental sanction and the combined length of the governmental sanctions, but the period must not exceed 48 months.

Article 14: Where two or more public employees jointly break the law, governmental sanctions are to be given separately based of the role that each played in the illegal conduct and the legal responsibility each should bear.

Article 15: Where public employees in leadership positions are discharged, removed, relieved of, or made to resign from the leadership position, and shall be given governmental sanctions in accordance with this Law, governmental sanctions are to be given based on the facts of the violation.

Article 16: Where Supervision Organs discover that public employees who have already retired have illegal conduct from before or after they retired, governmental sanctions are no longer to be given, however a case may be opened and investigated, and where they should be given demotion, removal from a post, or dismissal in accordance with law, the benefits they enjoy shall be reduced or canceled as provided, and any illegally acquired assets or personal property used in committing the offense is to be disposed of in accordance with article 27 of this Law.

Where Supervisory Organs discover illegal conduct by public employees who have already left their position or died which was committed while they were performing their duties, governmental sanctions are no longer given, but an investigation may be conducted, and any illegally acquired assets or personal property used in committing the offense is to be disposed of in accordance with article 27 of this Law.

Article 17: Where the organs, units, and organizations to which public employees belong make a collective decision that is illegal or have illegal conduct, government sanctions are to be given to any public employees among the responsible leaders and directly responsible personnel.

Article 18: In any one of the following circumstances, heavier governmental sanctions shall be given:

(1) Where other intentional illegal conduct was committed during the period of a governmental sanction, or where it is discovered that there was other illegal conduct prior to receiving the governmental sanction which was not confessed, for which a governmental sanction shall be received;

(2) Colluding or obstructing others from uncovering and denouncing, or from providing evidence;

(3) Fabricating, concealing, or destroying evidence;

(4) harboring others from the same case;

(5) Coercing or inciting others to carry out illegal conduct;

(6) Not handing over or returning gains from violations;

(7) other situations for heavier punishment as provided by laws and regulations.

Article 19: In any one of the following circumstances the punishment a lenient or mitigated punishment may be given:

(1) Actively confesses their own conduct for which they should receive governmental sanctions;

(2) Cooperates with investigative work, truthfully explaining their own violations;

(3) Makes reports on the conduct that violates discipline and laws, which are proven true upon review;

(4) Actively employs measures effectively avoiding or recouping losses or eliminating negative impact;

(5) Proactively hands over or returns illegal gains from violations;

(6) other situations for mitigation or commutation provided by laws and regulations.

Article 20: Where violations by public employees are minor and they have any of the circumstances provided for in article 19 of this Law, they may be given criticism and education, ordered to make a self-criticism, or admonished, and have the governmental sanctions waived.

Where public employees who were caught up in violations because of unknown facts truly repent after criticism and education, the governmental sanctions may be reduced or waived.

Article 21: During the period of governmental sanctions for civil servants or persons managed with reference to the "People's Republic of China Law on Civil Servants" they must not be promoted in position, rank, title, or level; and those that received demerits, major demerits, or removal, must not have their salary grade increased. For those removed from positions, reduce their position, rank, title or level as provided, and newly determine their salary and benefits.

Article 22: During the sanction period, the personnel of organizations authorized by laws or regulations, or lawfully entrusted by state organs to administer public affairs, as well as the personnel of public educational, research, cultural, medical, sports units, etc.; must not be promoted in position, post, rank, or title; and those that received demerits, major demerits, demotions, or removals, must not have salary or benefit levels increased. Those who are removed from their position are to have their position level, post, or rank reduced, and their salary and benefits newly determine.

Article 23: During the period of governmental sanctions managers of state-owned enterprises, they must not be promoted in position, post level, or title; and those that received demerits, major demerits, demotions, or removals from a position, must not have their salary and benefits grade increased. Those who are removed from their position are to have their position or post level reduced, and their salary and benefits newly determined.

Article 24: Where those engaged in the management of basic level autonomous organizations have illegal conduct, the Supervision Organs may give warnings, demerits, or major demerits. Where the circumstances are serious, the Supervision Organs shall submit a supervisory recommendation to the relevant organs and units, who are to order termination, cancellation of eligibility for selection, lawful discharge, and other such dispositions.

Where those engaged in the management of basic level autonomous organizations receive governmental sanctions, the County Level or township government shall decrease or withhold performance subsidies (salary) and bonuses.

Article 25: Where personnel who are not serving as civil servants, public institution staff, or state-owned enterprise personnel are lawfully performing public functions and have illegal conduct, their unit or a Supervision Organ is to give warnings, demerits, or major demerits. Where the circumstances are serious, their unit is to directly adjust their salary and benefits or post, and eliminate their eligibility for selection or service in the relevant positions, lawfully recall them, end the employment relationship, or otherwise handle it, or have the Supervision Organs recommend that relevant organs do so.

Where personnel are engaged in public affairs at organizations authorized by laws or regulations, or lawfully retained by state organs, to manage public affairs, but do not serve as civil servants, public institution staff or personnel at state-owned enterprises have illegal conduct, handle them in accordance with the provisions of the preceding paragraph.

Article 26: Personnel whose eligibility for selection or serving in certain provisions is revoked, or who are lawfully recalled or have employment relationships ended in accordance with articles 24 and 25 of this law must not be hired as civil servants or personnel managed with reference to the "Civil Servants Law of the P.R.C.".

Article 27: The Supervision Organs are to confiscate, recapture, or order the return of assets illegally obtained by public employees and their personal assets used in committing crimes, except where the law provides that other organs shall do so; where they shall be returned to the former owner or possessor, lawfully do so; and where they are State property, should not be returned, or cannot be returned, they are to be given to the national treasury.

The Supervision Organs may recomend that relevant organizations, departmnets, and units rectify positions, ranks, titles, degrees, diplomas, honors, awards, and other benefits obtained by public employees as a result of illegal conduct.

Article 28: Where during the period, public employees that received government sanctions other than dismissal express remorse and do not have further illegal conduct that requires a government sanction, the sanction is automatically lifted at the conclusion of the period, and promotions of their position, rank, title, level, post, or personnel level, title, salary, and benefits, are not longer impacted by the original governmental sanctions. However, lifting the demotion or removal is not a recovery of the original position, grade, rank, level, post, or personnel level, title, salary, and benefits.

Chapter III: Illegal Conduct and the Applicable Governmental Sanctions

Article 29: Where any of the following conduct is exhibited, demerits or major demerits are to be given; where the circumstances are more serious, give demotion or removal; and where the circumstances are serious, dismissal.

(1) Spreading speech that is harmful to the authority of the Constitution, the leadership of the Community Party, or the reputation of the nation;

(2) Participating in activities such as assemblies, protests, and demonstrations whose goal is opposing the Constitution, the leadership of the Communist Party of China, and the State;

(3) Refusing, or indirectly refusing, to implement the CCP's line, directives, policies, and major decisions or deployments;

(4) Participating in illegal organizations;

(5) Participating in strikes;

(6) Fomenting discord or undermining ethnic relations, or participating in ethnic separatist activities;

(7) Using religious activities to undermine ethnic unity and social stability;

(8) harming national honor or interests in foreign exchanges;

Where any of the conduct in items (2),(4),(5),(6), or 7 above is exhibited, the planners, organizers, or core members are to be dismissed.

Those publishing articles, speeches, statements, declarations, and so forth, opposing the nation's guiding ideology established in the Constitution, opposing the leadership of the Chinese Communist Party, opposing the socialist system, or opposing reform and opening, are to be dismissed.

Article 30: Where provisions are not followed to give alerts or reports on major matters, and the circumstances are more serious, give a warning, demerits or major demerits; where the circumstances are more serious, give demotion or removal.

Where provisions on reporting relevant personal matters are violated by concealing or not reporting them, and the circumstances are more serious, give warnings, demerits, or major demerits

Article 31: Where any of the following conduct is exhibited, warnings, demerits or major demerits are to be given; where the circumstances are more serious, give demotion or removal from posts:

(1) Violating the principle of the System of Democratic Centralism by having major matters decided by individuals or a small group, or meeting together to make major decisions on one's own volition;

(2) Refusing to enforce decisions or orders lawfully made by the higher-levels, or indirectly not enforcing them or delaying enforcement;

Article 32: Those violating provisions in leaving the mainland territory or arranging documents for personal travel outside the country mainland territory, are to be given demerits or major demerits; and where the circumstances are more serious, given demotions or removed from posts.

Those violating provisions by acquiring foreign citizenship, permanent residency, or long term residency permits abroad outside the mainland without permission, are to be removed from posts or dismissed.

Article 33: Where any of the following conduct is exhibited, warnings, demerits or major demerits are to be given; where the circumstances are more serious, give demotions or removals from posts; and where the circumstances are serious dismissal:

(1) Violating relevant provisions in cadre personnel work such as appointment, recruitment, evaluation, promotion, and selection;

(2) Where positions, ranks, titles, benefits, credentials, degrees, educational history, degrees, honors, or other related interests are obtained by fraud;

(3) Suppressing or taking revenge against lawful exercises of authority such as to criticize, appeal, make accusations, or report;

(4) Undermining elections through violence, threats, bribery, fraud, or other such tactics.

Article 34: Where any of the following conduct is exhibited, warnings, demerits or major demerits are to be given; where the circumstances are more serious, give demotions or removals from posts; and where the circumstances are serious dismissal:

(1) Corruption or bribery;

(2) Using their authority or the influence of their positions to seek personal gain for themselves or others;

(3) Enabling or allowing persons with certain relationships to use ones' authority or the influence of their positions to seek personal gain.

Article 35: Where presents, cash gifts, negotiable instruments, and so forth are accepted in a way that might influence the just exercise of public authority, warnings are to be given; where the circumstances are more serious, give demotion or removal; where the circumstance are serious, give dismissal.

Where presents, cash gifts, negotiable instruments are given to public employees and persons in certain relationships, in a way that might influence the just exercise of public authority, or where accepting or providing or providing arrangements for activities such as meals, travel, health clubs, or entertainment, warnings are to be given; where the circumstances are more serious, give demerits or major demerits; and where the circumstances are serious, give demotions or removals.

Article 36: Where any of the following conduct is exhibited, and the circumstances are more serious, give warnings, demerits or major demerits; where the circumstances are serious, give demotions or removals from posts:

(1) Violating provisions in setting or issuing salaries, allowances, subsidies, and bonuses;

(2) Violating provisions by exceeding standards or ranges in areas such as work entertaining, work travel, conference activities, work accommodations, and work-life assurances;

(3) Violating provisions in spending public funds.

Article 37: Where provisions are violated by engaging or participating in for-profit activities, or in holding part-time positions and receiving compensation, give warnings, demerits, or major demerits; where the circumstances are more serious give demotions or removals; and where the circumstances are serious, give dismissal.

Article 38: Where clan systems, underworld forces, and the like are exploited to suppress the public, or where underworld forces' activities are tolerated or protected, removal from posts is to be given; where the circumstances are serious, give dismissal.

Article 39: Where any of the following conduct is exhibited, and the circumstances are more serious, give warnings, demerits or major demerits; where the circumstances are serious, give demotions or removals from posts:

(1) Violating provisions in the collection or apportionment of citizens, legal persons, or other organizations' property;

(2) Intentionally making things difficult or expecting benefits for action in management and service activities;

(3) Have a vile or course attitude in management or service activities, causing adverse consequences or impact;

(4) Not following provisions to disclose work information, violating citizens, legal persons, or other organizations' right to know, and creating negative consequences or impact.

(5) Other conduct encroaching on citizens, legal persons, or other organizations' interests, causing negative consequences or impact.

Where conduct provided for in items (1), (2), or (5) of the preceding paragraph has especially serious consequences, dismissal is to be given.

Article 40: Where any of the following conduct causes negative consequences or impact, give warnings, demerits or major demerits; where the circumstances are more serious, give demotions or removals from posts; and where the circumstances are serious, dismissal:

(1) Abuse of authority endangering the nation's interests, societal interests, or the lawful rights and interests of citizens, legal persons, or other organizations;

(2) Not taking responsibility, inaction, dereliction of duty, or delaying work;

(3) Formalism or bureaucratism in work;

(4) Deceiving, misleading, or defrauding leaders and the public;

(5) Leaking state secrets and work secrets, or leaking commercial secrets or individuals' private information learned of in performance of duties.

Article 41: Where any of the following conduct is exhibited, warnings, demerits or major demerits are to be given; where the circumstances are more serious, give demotions or removals from posts; and where the circumstances are serious dismissal:

(1) Seriously going against public order and good customs, having inappropriate conduct in a public place and causing a negative impact;

(2) Participating or supporting superstitious activities and causing a negative impact;

(3) taking part in gambling;

(4) Refusing to bear obligations of care, support, and maintenance;

(5) Abusing or abandoning family members;

(6) Other serious violations of family values and social mores;

Ingesting or injecting drugs; organizing gambling; or supporting or participating in prostitution, solicitation, pornography or fornication, are to be given removals from posts or dismissal.

Article 42: Where public employees exhibit other illegal conduct that impacts the image of public employees and harms the nation's and people's interests, corresponding governmental sanctions of warnings up through to dismissal may be given based on the severity of the circumstances.

Chapter IV: Procedures for Governmental Sanctions

Article 43: Supervision Organs investigations of public employees suspected of violations shall be conducted by two or more staff members. When Supervision Organs exercising their oversight and investigation authority, they 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.

The collection of evidence by illegal means such as threats, enticement, or fraud is strictly prohibited. Evidence collected through illegal means must not serve as the basis for giving governmental sanctions.

Article 44: Before decisions on governmental sanctions are made, Supervision Organs shall inform the subject of the investigation of the facts determined in the investigation and the basis for the governmental sanctions, shall hear the statements and defenses of the person being investigated, and shall verify the facts, reasoning, and evidence in their statements, and record this in the record in the case file. Where the facts, reasoning, or evidence submitted by the subject of the investigation are sustained, they shall be adopted; The subject of investigations' governmental sanctions must not be increased because of their defenses.

Article 45: After the investigation is completed, the Supervision Organs shall make distinct dispositions based on the following circumstances:

(1) Where illegal conduct should receive governmental sanctions, a governmental sanction decision is to be made after approval procedures are lawfully completed, based on the severity of the circumstances and in accordance with governmental sanction decision making authority;

(2) Where a violation cannot be established, governmental sanctions are not to be given, and the case is to be withdrawn;

(3) Where the requirements for waiving governmental sanctions are met, make a decision to waive the governmental sanctions;

(4) Where the subject of the investigation is suspected of other violations or criminal conduct, transfer the case to be handled by the responsible authorities in accordance with laws and relevant provisions.

Article 46: Where the decision is to give governmental sanctions, a written governmental sanctions decision is to be drafted. The written governmental sanctions decision shall indicate the following matters:

(1) The name, work unit, and position of the person being sanctioned;

(2) facts and evidence of the unlawful acts committed;

(3) types and basis of the governmental sanctions;

(4) Paths and time limits for applying for review or reconsideration if dissatisfied with a governmental sanction decision;

(5) The name of the organ making the governmental sanctions decision and the date of the decision.

The governmental sanctions decision document shall be sealed by the Supervision Organ that made the decision.

Article 47: The governmental sanctions decision document shall be sent to the person being sanctioned and the organ or unit to which they belong, and be announced within a set scope.

After a decision on government sanctions has been made, the Supervision Organ shall, based on the specific identity of the person receiving the sanction, inform relevant organs and units.

Article 48: Where Personnel participating in the investigation and handling of cases of violations by public employees have any of the following circumstances, they shall voluntarily recuse themselves, and the person being investigated, informants, and other relevant personnel also have the right to request recusal:

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

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

(3) has, or close family members have, an interest in the case being investigated;

(4) Other circumstances which could influence the fairness of investigating and handling the case.

Article 49: The recusal of Supervision Organs' responsible persons is to be decided upon by the higher level Supervision Organ; the recusal of other personnel participating in the investigation and handling of cases of violations are to be decided upon by the responsible person for Supervision Organ.

Where the Supervision Organ, or higher-level Supervision Organ, discover that personnel participating in the investigation or handling of a violation have circumstances requiring recusal, they may directly decide on the recusal of that personnel.

Article 50: Where public employees lawfully pursued for criminal responsibility, the Supervision Organ shall lawfully give government sanctions based upon the effective judgment, ruling, or decision of the judicial organs, and the facts and circumstances they ascertained.

Where public employees receive administrative punishments and shall be given government sanctions, the Supervision Organs may give government sanctions in accordance with this Law on the basis of the facts, character, and circumstances identified in the administrative punishment decision, after opening a case, investigating, and verifying.

Where public employees who received discipline sanctions for violating laws, regulations, or the rules of public institutions, enterprises, and other social organizations, shall be given governmental sanctions, the Supervision Organs are to follow this law in giving governmental sanctions after having opened a case and investigation to verify the facts and circumstances found by relevant parties.

Where after Supervision Organs issue governmental sanctions based on paragraph 1, 2, or 3 of this Article, the judicial organs, administrative organs, and relevant units lawfully change the effective judgment, ruling, or decision so as to influence the prior governmental sanction decision, the Supervision Organs shall make a new disposition based on the modified judgment, ruling, or decision.

Article 51: Where Supervision Organs dismiss or remove public employees that have been selected or nominated by a decision of any level of people's congress or the Standing Committee of people's congresses at the county level or above, they shall first recall, withdraw, or remove them from office and then make a decision on governmental sanctions in accordance with law.

Where Supervision Organs dismiss or remove public employees that have been selected or nominated by a decision of any level of people's political consultative committee or their Standing Committees, they shall first recall, withdraw, or remove them from office and then make a decision on governmental sanctions in accordance with their charter.

Where Supervision Organs give governmental sanctions to delegates of any level of people's congress or members of any level of people's political consultative committee, it shall be reported to the standing committee of the relevant people's congress, the presidium of a people's congress at the village, ethnic village, or township level, or to the Standing Committee of the people's political consultative congress.

Article 52: Where on the basis of higher level Supervision Organs' designation of jurisdiction, lower level Supervision Organs decide to conduct an investigation, upon completion of the investigation, in accordance with their management authority, they shall transfer subjects of investigation that are not within their jurisdiction to a Supervision Organ with jurisdiction to make a governmental sanction decision in accordance with law.

Article 53: Where public employees are suspected of breaking the law and a case and investigation have begun, making it inappropriate for them to continue performing their duties, the recruiting organ may decide to temporarily suspend their performance of duties.

During the period in which a case is opened and being investigated, the public employees who are being investigated must not leave the mainland territory or leave public employment without the consent of the Supervision Organs; and the organs or units to which they belong, as well as higher level organs and units, must not communicate with them, promote, reward, or sanction them, or handle retirement formalities.

Article 54: Where public employees receive governmental sanctions, the governmental sanctions documents shall be stored in their personal file; and where they received a governmental sanctions of demotion or greater, the human resources department is to handle formalities for changing their position, salary, and other benefits within one month of receiving the governmental sanctions decisions. In special circumstances, the period may be appropriately extended upon approval, but must exceed six months at the longest.

Chapter V: Re-hearing and Review

Article 55: Where public employees are unsatisfied with the governmental sanctions decision that a Supervision Organ made about them, applications for re-hearing or review are to be in accordance with the "P.R.C. Supervision Law".

Article 56: Enforcement of the handling decision is not suspended during the period for re-hearing or review.

Public employees are not to receive a heavier sanction due to requesting a re-hearing or review.

Article 57: In any of the following circumstances, Supervision Organs accepting re-hearings or reviews shall revoke the governmental sanction decision, and make a new decision or order the Supervision Organ that made the original decision to make a new decision:

(1) The facts of the violations on which governmental sanctions are based are not clear or the evidence is insufficient;

(2) Legally prescribed procedures were violated impacting the fair handling of the case;

(3) The governmental sanction decision exceeded or abused authority.

Article 58: In any of the following circumstances, Supervision Organs accepting re-hearings or reviews shall modify the governmental sanction decision or order the Supervision Organ that made the original decision to make a new decision:

(1) the law or regulations were truly applied incorrectly;

(2) there were true errors in the identification of the illegal conduct or circumstances;

(3) the governmental sanctions were truly improper.

Article 59: Where government sanction decisions for public employees are modified, and it is necessary to adjust the public employees' position, rank, title, level, or salary and benefits, etc., they shall be adjusted in accordance with provisions; and where the governmental sanction decision is revoked, restoration of the public employees' level, salary, and benefits shall be arranged in accordance with their prior position, rank, and title; and their reputation is to be restored within the scope the sanction was announced.

Where public employees' governmental sanctions are revoked or reduced due to circumstances in articles 57 or 58 of this Law, they shall be compensated for losses of salary and benefits.

Chapter VI: Legal Responsibility

Article 60: Where relevant organs or units refuse to accept a supervision recommendation without legitimate reasons, the organ at the level above or the relevant authorities shall order them 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 61: Where relevant organs, units, organizations, or individuals have any of the following circumstances, the higher-level organ or regulatory department above them, or their recruitment organ or unit, is to order corrections, and give sanctions in accordance with law:

(1) Refusal to perform on a governmental sanction decision;

(2) Refusal to cooperate with, or obstructing, an investigation;

(3) Retaliation or framing of informants, witnesses, or investigation personnel;

(4) Making false accusations or framing public employees;

(5) Other situations in violation of this Law.

Article 62: Where Supervision Organs or their staffs have any of the following circumstances, the supervision organ at the level above is to order corrections and give sanctions in accordance with law:

(1) Violating provisions in the handling leads on problems;

(2) Stealing or disclosing investigation information or leaking information about matters reported by informants, on the acceptance of reports, or informants' information;

(3) 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;

(4) Accepting property or other benefits from the subjects of investigations or others involved in a case;

(5) Violating provisions in the disposal of property involved in the case.

(6) Employing investigative measures in violation of provisions;

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

(8) Causing case-handling security incidents by violating regulations, or concealing and not reporting security incidents after they occur, making untruthful reports, or mishandling them;

(9) Causing negative impact by violating procedures such as those for recusal;

(10) Not accepting and handling public employees' reconsiderations or reviews in accordance with law;

(11) Other conduct that abuses professional powers, derelicts duties, or twists the law for personal gain;

Article 63: Where violations of this Law constitute a crime, criminal liability is to be pursued in accordance with law.

Chapter VII: Supplemental Provisions

Article 64: Based on the principles and spirit of this law, taken together with the actual conditions at public institutions, state-owned enterprises, and so forth, the State Council and its regulatory departments are to make specific provisions for sanctioning public employees at public institutions and state-owned enterprises that break the law.

Article 65: The Central Military Commission may formulate relevant provisions on the basis of the provisions of this Law.

Article 66: This Law shall take effect on xx-xx-xxxx.

If cases already heard before this Law takes effect need to have a review, reconsideration, or appeal, apply the provisions or policies that were in effect at the time. If in cases that have not yet conclude the conduct that was not considered illegal by the provisions from the time the conduct occurred, apply the decisions in effect at that time; if the provisions at the time that the conduct occurred did find it illegal, follow the provisions from that time, but if this Law does not find it illegal or addresses it more lightly, apply this law.

 

 

About China Law Translate 995 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*