Measures for the State Supervision Commissions' Special Supervisor Work

Promulgation Date: 2018-8-24
Title: Measures for the State Supervision Commissions' Special Supervisor Work
Document Number:
Expiration date: 
Promulgating Entities:National Central Discipline Inspection Commission, National Supervision Commission
Source of text: http://www.xinhuanet.com/politics/2018-09/03/c_1123369142.htm

Chapter I: General Provisions

Article 1: 为深化国家监察体制改革，充分发挥中央纪律检查委员会和国家监察委员会合署办公优势，推动监察机关依法接受民主监督、社会监督、舆论监督，规范特约监察员工作，根据《中华人民共和国监察法》，制定本办法。

Article 2: Special supervisors are persons in the public trust selectively hired in accordance with definite procedures as needed for the work of the State Supervision Commission to perform oversight, consultation, and related duties on a part-time basis.

Special supervisors are primarily to be selectively hired from among National People's Congress deputies, but may also be selectively hired from among members of the CPPCC; staff of relevant central Party and state organ departments; members of all democratic parties and persons who are not members of any party; representatives of enterprises, public institutions, and social groups; expert scholars; media and arts workers; as well as front-line representatives and the general public.

Article 3: Special supervisors efforts shall persist in having Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance; focus on the central work of the Central Discipline Inspection Commission and State Supervision Commission; concentrate on service to comprehensive and strict Party governance, clean Party construction, and big picture anti-corruption work; emphasize giving play to the oversight role of the supervision organs and their staffs; and strive to give play to functions of advice and consultation, bridging and linking, and guiding public opinion.

Chapter II: Recruitment, Turnover, and Dismissals

Article 4: Special supervisors shall have the following capacities:

(1) Persist in the leadership of the Party and stand for the Party line, directives, and policies, on the path of socialism with Chinese characteristics; respect the constitution and laws of the People's Republic of China, and have citizenship in the People's Republic of China;

(2) Have relatively high professional caliber, have professional knowledge and work abilities corresponding to the duties to be performed, and have a certain amount of representatives and influence in the respective fields;

(3) Be passionate about comprehensive and strict party governance, clean Party construction, and anti-corruption work; have a stronger sense of responsibility, earnestly perform duties, and love the work of a special supervisor;

(4) Adhere to principles, be practical and realistic; closely communicate with the public, be just and honest, be upright in their actions, comply with professional ethics and social mores;

(5) Be in good health.

Article 5: Persons who have received Party sanctions, government affairs sanctions, or criminal punishments, as well as others unsuited to serve as special supervisors, must not be hired as special supervisors.

Article 6: The State Supervision Commission is to conduct hiring of special supervisors in accordance with the following procedures:

(1) As needed for work, put forward a list of recommended candidates for special supervisors in conjunction with relevant departments and units, and obtain the consent of the candidates and the unit to which they belong.

(2) In conjunction with relevant departments and units, conduct an investigation of candidates recommended for special supervisors;

(3) Designate candidates for hiring as special supervisors through the Central Disciplinary Commission, and State Supervision Commission research of the investigation;

(4) A copy of the list of candidates for hiring and comments is to be sent to the unit to which the special supervisor belongs and the recommending unit, and filed with the organizational department of the Central Disciplinary Commission and State Supervision Commission.

(5) Convene a hiring conference, distribute hiring documents, and announce the list of special supervisors to the public.

Article 7: Special supervisors change terms after the selection of State Supervision Commission Leadership, with each term being the same as that of the leadership, and usually must not serve more than two consecutive terms.

Special supervisors are automatically dismissed at the end of their term of employment.

Article 8: In any one of the following circumstances, the State Supervision Commission in consultation with the recommending unit, are to dismiss the special supervisors, and the recommending unit is to the special supervisor themselves and the unit to which they belong.

(1) They receive Party sanctions, government affairs sanctions, or criminal punishments;

(2) They are not suited to continue serving as a special supervisor due to adjustments in their work, their health, or other reasons;

(3) They apply to resign as a special supervisor themselves;

(4) They do not perform their duties and obligations for a continuous year, with no legitimate reason;

(5) They have other circumstances making them unfit to continue serving as a special supervisor.

Chapter III: Duties, Rights, and Obligations

Article 9: Special supervisors are to perform the following duties:

(1) Conduct oversight of the disciplinary inspection and supervision organs' performance of their duties and submit comments and recommendations on strengthening disciplinary inspection and supervision work;

(2) Provide consultation and comments on the formulation of disciplinary inspection and supervision laws and regulations, major policies that are put forward, drafts of important documents, and submission of supervision recommendations;

(3) Participate in investigations and research, oversight inspections, and special projects that are organized by the State Supervision Commission;

(4) Publicize directives, policies, and successes in disciplinary inspection and supervision work;

(5) Handle other matters entrusted by the State Supervision Commission;

Article 10: Special supervisors performing their duties enjoy the following rights:

(1) To learn about supervision efforts and the performance of supervision duties by the State Supervision Commission and each provincial, autonomous region, or directly governed municipality supervision commission, and to submit comments, recommendations, and criticism;

(2) To read and obtain relevant documents and materials as needed for the performance of their duties and upon approval in accordance with procedures;

(3) To participate in relevant meetings organized by the State Supervision Commission, or to attend without voting privileges;

(4) The participate in relevant operational training organized by the State Supervision Commission;

(5) To learn about and give feedback on the clean governance or clean business situation in relevant industries or fields, and about the handling of comments and recommendations they submitted;

(6) Legally-prescribed authority related to entrusted work when retained by the State Supervision Commission to carry out work.

Article 11: Special supervisors shall perform the following obligations:

(1) Model compliance with the Constitution and laws;Protect state secrets, work secrets and commercial secrets and personal private information learned of through the performance of their duties; be honest and self-disciplined, and accepting of oversight;

(2) Study and master laws, regulations, and operations related to disciplinary inspections and supervision;

(3) Participate in activities organized by the State Supervision Commission, comply with work systems related to the State Supervision Commission, and follow earnestly perform duties in accordance with the scope of authority and procedures provided;

(4) Proactively apply for recusal when encountering conflicts of interests during performance of duties as a special supervisor;

(5) Without the consent of the State Supervision Commission, they must not speak, publish, or participate in related social activities in their capacity as special supervisor.

(6) They must not seek to obtain any private interest or privilege in their capacity as special supervisors.

Chapter IV: Safeguards for the Performance of Duties

Article 12: The State Supervision Commission is to provide special supervisors with the necessary working requirements and facilitation for their lawful oversight of supervisors and their work, and other such efforts.

Article 13: As provided, the State Supervision Commission is to verify and reimburse expenses paid out by special supervisors for the performance of their legally-prescribed duties;

Funds needed by special supervisors for the performance of their respective legally-prescribed duties are to be listed within the scope of the State Supervision Commission's operational funding safeguards.

Article 14: The State Supervision Commission body responsible for special supervisor work established within the general office is to perform the following duties:

(1) Overall planning and coordination for work related to special supervisors, improving work mechanisms, drafting work plans, urging and inspecting the State Supervision Commission's implementation of special supervisor work mechanisms and plans, summarizing and reporting on annually on the work of special supervisors;

(2) Organizing and carrying out hiring, dismissal, and other such work for special supervisors;

(3) Organizing special supervisors' participation in related meetings and activities, periodically carrying out visits, sending notices on work and communications conditions, hearing opinions and recommendations;

(4) Accepting, transferring, supervising and handling comments, recommendations, and criticism submitted by the special supervisors, and giving feedback;

(5) Coordinating relevant departments to periodically provide relevant publications and materials to the special prosecutors, and organizing operations training for special supervisors;

(6) Undertake contact and guidance for supervision organs' special supervisor efforts and organize communication of experiences, to strengthen and improve special supervisor work;

(7) Conduct dynamic management and evaluation of special supervisors;

(8) Strengthen communication and contact with the units to which special supervisors belong and the units that recommend them, learn about special supervisors' work situation, give feedback on special supervisors' performance of duties, and solicit comments and recommendations;

(9) Handling other relevant work.

Article 15: Special supervisors do not leave their work position, and the unit to which they belong is responsible for their salary, bonuses, and welfare benefits.

Chapter V: Supplementary Provisions

Article 16: The National Supervision Commission is responsible for the interpretation of these Measures.

Article 17: These Measures are to take effect from August 24, 2018. The "Measures on Supervision Organs' Special Supervisors Works" published on October 10, 2013 are simultaneously abolished.