Law on Governmental Sanctions for Public Employees (Draft)

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【Source】http://www.xinhuanet.com/politics/2019-10/08/c_1125078748.htm
【Comment Period】2019年11月6日

Contents

Chapter I: General Provisions

Chapter II: Types and Applicability of Governmental Sanctions

Chapter III: Illegal Conduct and the Applicable Penalties

Chapter IV: Procedures for Governmental Sanctions

Chapter V: Reconsideration, Review, and Appeal

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 public employees who exercise public authority, and promote public employees' lawful performance of duties, grasp of public power, clean governance, and adherence to moral integrity.

Article 2: Where public employees have illegal conduct and need to be given governmental sanctions, the organs or units deciding on sanctions are to give sanctions in accordance with this Law. Where the law provides otherwise, follow those provisions.

Organs and units deciding on sanctions include organs and units for appointments and removals and the Supervision Organs.

Article 3: "Public Employees" as used in this Law refers to the following personnel:

(1) Civil Servants and persons managed with reference to the "People's Republic of China Law on Civil Servants';

(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 4: The organs and units for appointments and removals shall strengthen education, management, and oversight of public employees in accordance with their management authority, and where it is discovered that public employees have illegal conduct, shall give governmental sanctions. Where cases are important or complicated, they may be lawfully transferred to the Supervision Organs for handling.

Supervision Organs shall strengthen oversight of public employees in accordance with the scope of their management authority, lawfully carry out work on governmental sanctions, and urge the organs and units for appointments and removals to lawfully carry out work on governmental sanctions; and where it is discovered that the organs or units for appointments and removals were to have given governmental sanctions but did not, or illegally or inappropriately gave governmental sanctions, they shall promptly submit a supervision opinion.

Article 5: The following principles should be followed in giving public employees governmental sanctions:

(1) The Party is in charge of cadres. Adhere to the leadership of the Party, strictly carrying out approval formalities in accordance with the scope of management authority.

(2) Follow Laws and Regulations. Have a basis in matters prescribed by law, and fulfill legally-prescribed procedures.

(3) Seeking truth from facts. Correctly determine the nature and circumstances of illegal behavior, distinguish situations, and handle them appropriately.

(4) The System of Democratic Centralism. Decisions on sanctions are to be made by collective discussion, and decisions and approvals made by any individual, or small number of people acting on their own, are not permitted.

(5) Learning from past mistakes to prevent future error, curing the illness to save the patient. Combine punishment and education, so that justice is tempered with mercy [宽严相济].

Article 6: The organs and units for appointments and removals, and the Supervision Organs, are not to give duplicative punishments to public employees for the same illegal conduct.

Article 7: Where public employees are suspected of crimes, governmental sanctions shall usually be given first, and criminal responsibility pursued after.

Article 8: Where public employees have illegal conduct involving public office, but the circumstances are lighter, the organ or uniting making the sanctioning decision may giving them a talking-to and reminders, criticism and education, order self-criticism, or give a reprimand, either directly in accordance with their management authority or by entrusting a relevant organ, unit, or personnel.

Chapter II: Types and Applicability of Governmental Sanction

Article 9: The types of governmental sanction for public employees are:

(1) Warnings;

(2) Demerits;

(3) Major Demerits;

(4) Demotions;

(5) Removals;

(6) Dismissal.

Article 10: 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;

Where the sanction received is dismissal, the employment relationship with the unit is ended from the date on which the decision takes effect.

Article 11: Where public employees receive the sanction of dismissal, they must not be hired again as civil servants or persons managed with reference to the "People's Republic of China Law on Civil Servants".

Article 12: In any of the following circumstances where a public employee commits a crime, a sanction of dismissal shall be given:

(1) Where as the result of an intentional crime they were lawfully sentenced to a primary penalty subject to a suspended sentence in accordance with the "Criminal Law of the People's Republic of China";

(2) Where they were deprived of political rights, either alone or as a supplementary punishment;

(3) Where they were lawfully sentenced to more than 3 years imprisonment for a crime of negligence.

Those sentenced to 3 years or less imprisonment for a crime of negligence, or sentenced to controlled release or short-term detention, shall usually be given the sanction of dismissal. In special circumstances, comparing the authority of the sanctioning decision and reporting to the organ or unit at the level above for approval, a decision may be made to not dismiss, and a sanction of removal given instead.

Where the circumstances of crimes by public employees are slight, and people's procuratorates lawfully make a decision to not prosecute , or the people's courts make a judgment that there is a crime but waiving criminal penalties in accordance with law, shall be given sanctions of removal or dismissal.

Public employees that commit crimes and are only given fines are handled in accordance with the provisions of the preceding paragraph.

Article 13: Governmental sanctions given to public employees that have Party member status shall usually be in line with Party discipline sanctions. Where public employees that have CPC Party member status receive sanctions of removal from internal Party positions, Party probation, or expulsion from the Party, they shall lawfully be given sanctions of removal or dismissal.

Where public employees have illegal conduct, relevant organs may give reprimands or other institutional dispositions in accordance with provisions. Governmental sanctions and institutional dispositions may be applied independently or may also be applied concurrently.

Where public employees concurrently receive governmental sanctions and Party discipline sanctions or institutional dispositions, they are to be implemented for the longest of the periods.

Article 14: Where public employees have two or more types of discipline violation that shall receive sanctions, they shall be handled together, with a sanction given at the level above the highest allowed for any single violation; where any of the violations is to receive dismissal, the sanction given shall be dismissal.

Article 15: Where two or more public employees jointly break the law, sanctions shall be given separately on the basis of the legal responsibility each bears.

Article 16: Where public employees serving in leadership positions are recalled, terminated, or removed from the leadership position due to investigation of illegal conduct, and shall be given sanctions in accordance with this Law, sanctions are to be given on the basis of the facts of their violation.

Article 17: Where public employees retire before a sanction decision is made, sanctions are no longer given; the organ or unit making the decision on sanctioning may open a case and investigate them, and where a sanction of demotion, removal, or dismissal should be given in accordance with law, they shall accordingly reduce or cancel the benefits they enjoy, and dispose of illegal gains and personal assets used in the illegal conduct in accordance with article 28 of this Law.

Where public employees are no longer public employees or have died before a sanction decision is made, sanctions are no longer given; the organ or unit making the decision on sanctioning may open a case and investigate them, and dispose of illegal gains and personal assets used in the illegal conduct in accordance with article 28 of this Law.

Article 18: Where relevant organs, units, and organization leadership bodies jointly decide on or implement illegal conduct, governmental sanctions are to be given to public employees among the responsible leaders and directly responsible personnel.

Article 19: In any of the following circumstances, heavier punishment shall be given:

(1) Intentionally committing other illegal conduct during the period of a sanction, or where other illegal conduct carried out before the sanctions were given is discovered that shall receive sanctions.

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

(3) Fabricating, concealing or destroying evidence; or harboring others from the same case;

(4) Coercing or instigating others to carry out illegal conduct;

(5) Playing the primary role in illegal activity jointly carried out by two or more people;

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

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

Article 20: In any of the following circumstances, sanctions may be mitigated or commuted:

(1) One 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.

Where after voluntary surrender and confessing their own illegalities, which proves true upon investigation, sanctions shall be mitigated.

Article 21: Where upon opening a case and investigation, public employees illegal conduct is found to be minor, and there are any of the circumstances provided for in article 20 of this Law, they may be given criticism and education, ordered to make a self-criticism, or admonished; waiving sanctions.

Sanctions may be mitigated or waived for those who were coerced into participation in illegal activities because they didn't understand the truth of the matter, who show remorse and repentance after criticism and education.

Article 22: During the sanction period 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, or level; and those that received demerits, major demerits, or removal, must not have their salary grade increased. Where they received sanctions of removal, demote their position, rank, and level in accordance with provisions.

Article 23: During the sanction period personnel of organizations authorized by laws or regulations, or lawfully entrusted, 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. Where a sanction of removal is received, reduce the position level, post, or rank, and newly determine salary and benefits.

Article 24: During the sanction period, managers for state owned enterprises must not be promoted in position, post level or title, or level; and those that received demerits, major demerits, or removal, must not have their salary or benefits levels increased. Where a sanction of removal is received, reduce the position level or post level, and newly determine salary and benefits.

Article 25: 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 recall, and other such dispositions.

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

Where those engaged in the management of basic level autonomous organizations are lawfully sentenced to criminal punishments, their position is automatically terminated.

Article 26: 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 27: 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 25 and 26 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." for life.

Article 28: Illegal gains and personal assets used in illegal conduct are to be confiscated, recovered, or ordered returned by the organ or unit making the sanction decision, except where laws require that other organs shall do so. Where illegal gains shall be returned to the original owner or person in possession, lawfully return them; where assets are State property, as well as property that should not be returned, or cannot be returned to the original owner or person in possession, send them to the national treasury. Where the organs or units making sanction decisions are unable to confiscate or recover assets, they may request assistance from relevant organs.

The organ or unit making the sanction decision, or the organ or unit at the level above, shall suggest that the relevant organizations, departments, or units, follow provisions to correct positions, ranks, titles, degrees, diplomas, honors, rewards, and other benefits obtained through illegal conduct.

Article 29: Where during the sanction period, public employees that received governmental sanctions other than dismissal express remorse and do not have further illegal conduct that requires a governmental sanction occur, the sanction is automatically lifted at the conclusion of the period, and promotions of their position, rank, level, post, or personnel level, title, salary, and benefits, are not longer impacted by the original sanction. However, lifting sanctions of demotion or removal is not a recovery of the original position, rank, level, post, and personnel level, title, salary, and benefits.

Chapter III: Illegal Conduct and the Applicable Sanctions

Article 30: 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; where the circumstance are serious, give dismissal;

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

(2) Refusing to implement, or covertly not implementing, Party and State directives and policies, or the major decisions and deployments of the Party Central Committee;

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

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 31: For any of the following conduct, the planners, organizers, and key players are to be dismissed:

(1) Organizing or 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;

(2) Organizing or participating in illegal organizations, or illegally organizing or participating in strikes;

(3) Sowing discord or undermining ethnic relations, or participating in ethnic separatist actives;

(4) Organizing or exploiting religious activities to undermine ethnic unity and social stability.

Give demerits or major demerits to other participants; where the circumstances are more serious, give demotion or removal; and where the circumstance are serious, give dismissal.

Article 32: 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 33: Where any of the following conduct is exhibited, warnings, demerits or major demerits are to be given; where the circumstances are serious, give demotion or removal:

(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 perform decisions or orders lawfully made by the level above, or cutting corners or making changes in implementation.

Article 34: Those illegally leaving the country (mainland territory) or violating provisions in arranging documents for personal travel outside the country (mainland territory), warnings, demerits or major demerits are to be given; where the circumstances are more serious, give demotion or removal.

Obtaining foreign citizenship or permanent residency or long term residency permits abroad (outside the mainland) without permission, is to be given sanctions of removal or dismissal.

Article 35: Where any of the following conduct is exhibited, warnings are to be given; where the circumstances are more serious, give demotion or removal; where the circumstance are serious, give dismissal;

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

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

(3) Suppressing or taking revenge for lawful exercise of authority such as criticism, appeals, accusations, or reporting;

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

Article 36: Where any of the following conduct is exhibited, warnings are to be given; where the circumstances are more serious, give demotion or removal; where the circumstance are serious, give 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 public employees' authority or the influence of their positions to seek personal gain.

Article 37: Where presents, cash gifts, negotiable instruments 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 arrangement of 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 circumstance are serious, give demotion or removal.

Article 38: Where any of the following conduct is exhibited, and the circumstances are serious, warnings, demerits or major demerits are to be given; where the circumstances are serious, give demotion or removal;

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

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

(3) Violating relevant provisions by spending public funds.

Article 39: Where provisions are violated by engaging or participating in for-profit activities, or holding part-time positions and receiving compensation, warnings, demerits, or major demerits are to be given; where the circumstances are more serious give demotion or removal; and where the circumstances are serious, give dismissal.

Article 40: Where religion, underworld forces, and the like are exploited to suppress the public, or where underworld forces' activities are tolerated, supported, or protected, sanctions of removal are to be given; where the circumstances are serious, give dismissal.

Article 41: Where any of the following conduct is exhibited, and the circumstances are serious, warnings, demerits or major demerits are to be given; where the circumstances are serious, give demotion or removal;

(1) violating relevant provisions by collecting or assessing fees from the public;

(2) Creating problems for the public when handling matters that involve them, taking whatever one wants from them;

(3) Treating the public with a vile attitude, or simply and crudely, causing adverse consequences or impact;

(4) Not following provisions to disclose work information, violating the public's right to know, and creating negative consequences or impact.

(5) Other violations of the public's interests causing negative consequences or impact.

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

Article 42: Where any of the following conduct is exhibited causing negative consequences or impacts, warnings are to be given; where the circumstances are more serious, give demotion or removal; where the circumstance are serious, give dismissal:

(1) Abuse of authority endangering the nation or collective interests, or violating 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 43: Where any of the following conduct is exhibited, warnings are to be given; where the circumstances are more serious, give demotion or removal; where the circumstance are serious, give 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) Refusing to bear obligations of care, support, and maintenance;

(4) Abusing or abandoning family members;

(5) Seriously violating family values and social mores;

Ingesting or injecting drugs; supporting or participating in prostitution, solicitation, pornography or fornication, is to be given a sanction of removal or dismissal.

Article 44: Where public employees have other conduct in violation of the Constitution, the "P.R.C. Civil Servants Law", the "P.R.C. Judges Law", the "P.R.C. Procurators Law", the "Regulations on the Management of Public Institution Personnel", or other laws and regulations, give warnings, demerits, or major demerits; where the circumstances are more serious, give demotions or removal; and where the circumstances are serious, give dismissal.

Where public employees have conduct in violation of other laws and regulations, impacting the image of public employees and harming the nation and people's interests, and requiring governmental sanctions, sanctions of warning through to dismissal may be given based on the severity of the circumstances.

Chapter IV: Procedures for Governmental Sanctions

Article 45: Supervision organs' investigation of illegal activity is to be handled in accordance with the provisions and procedures of the "Supervision Law of the PRC". Where upon investigation and lawful decision public employees are given sanctions or have sanctions waived, handle it in accordance with the following procedures:

(1) Inform the investigated public employees of the facts ascertained through investigation and the basis for the proposed sanctions, hear their statements and explanations, and conduct a verification of the facts, reasons, and evidence in their statement, and include this in the file. Where the facts, reasoning, or evidence submitted by the public employees are sustained, they shall be adopted;

(2) In accordance with the scope of decision-making authority, make a decision on whether to sanction or waive sanctions for the public employees, after completing approval formalities;

(3) Serve the decision to sanction or waive sanctions on the subjects of the investigation, and their units, and announce it within a set scope.

The organs and units for appointments and removals are to handle investigation and disposition of public employees suspected of violations in accordance with relevant provisions.

Article 46: Investigations of public employees suspected of violations shall be conducted by two or more staff members. Units and individuals accepting investigations shall truthfully provide the circumstances.

The collection of evidence by illegal means such as threats, enticement, or fraud is strictly prohibited. Evidence collected through illegal means shall be excluded in accordance with law, and must not serve as the basis for a verdict.

Article 47: 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 public employees being investigated, informants, and other relevant personnel also have the right to request recusal:

(1) Is a close relative the public employees 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 48: The recusal of responsible persons for organs and units making sanctioning decisions is to be decided upon in accordance with cadre personnel management authority; 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 the organ or unit making the sanctioning decision.

Where the organ or unit making the sanctioning decision, or the organ or unit at the level above it, discover that personnel participating in the investigation or handling of a violation has circumstances requiring recusal, they may directly decide on the recusal of that personnel.

Article 49: Where public employees lawfully pursued for criminal responsibility, the organ or unit making the sanctioning decision shall give governmental sanctions based upon the effective judgment, ruling, or decision of the judicial organs, and the facts, characterization, and circumstances they ascertained; and are not to usually to further perform procedures for opening a case.

Where public employees receive administrative punishments and shall be given governmental sanctions, the organ or unit making the sanctioning decision may give governmental sanctions in accordance with this Law on the basis of the facts, character, and circumstances identified in the effective administrative punishment decision, after opening a case, investigating, and verifying.

Where public employees violate State rules or regulations, or violate the charter system of an enterprise, public institution, or other social organization, receive other disciplinary sanctions, and shall be given governmental sanctions, the organs and units making the sanction decision are to give governmental sanctions after verifying the facts, character, and circumstances identified by the relevant parties.

Where after the organ or unit making the sanctioning decision gives governmental sanctions, the judicial organs, administrative organs, and so forth lawfully modify the effective judgment, ruling, or decision, etc., impacting the original sanction decision, the organ or unit making the sanction decision shall make a new disposition based on the modified effective judgment, ruling, or decision.

Article 50: After a decision on governmental sanctions has been made, the organ or unit making the sanction decision shall, based on the specific identity of the person receiving the sanction, inform units such as the related organs, groups, and organizations.

Where the person receiving the sanction is a member of a democratic party or a person without party affiliation, the CCP committee unified front work department is to be informed at the same time.

Article 51: Organs or units making sanction decisions shall perform the following formalities when giving governmental sanctions to the following public employees:

(1) Where public employees selected or nominated by decision of any level of people's congress or their standing committees are given sanctions of removal or dismissal, they shall first have their position recalled, revoked, or cancelled by the people's congress or Standing Committee in accordance with law, and then have a decision on sanctioning lawfully made by the organ or unit making the sanctioning decision.

(2) Where public employees selected or nominated by decision of the plenary meeting of any level of CPCC or their standing committee, are given sanctions of removal or dismissal, they shall first have their position cancelled by the plenary meeting of the CPCC or standing committee, and then have a decision on sanctioning lawfully made by the organ or unit making the sanctioning decision.

Where any level of people's congress delegate of CPCC member is given a sanction, it shall be reported to the standing committee of the people's congress of CPCC to which they belong.

Article 52: Where on the basis of higher level Supervision Organs' designation of jurisdiction, lower level Supervision Organs open a case and investigate targets of Supervision that are not within that Supervision Organ's jurisdiction, then upon completion of the investigation, in accordance with their management authority, they shall transfer it to an organ or unit for appointments and removals or to a Supervision Organ to make a sanction decision in accordance with law.

Article 53: Where public employees have illegal conduct and a case and investigation have begun, making it inappropriate for them to continue performing their duties, the organ or unit making the sanction decision may decide to temporarily suspend the performance of duties.

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

Article 54: Where public employees receive sanctions, the sanction decision shall be kept in their personal file; Where they received punishments of demotion or higher, the formalities for corresponding changes to their position, salary, and other benefits shall be completed within one month. In special circumstances, and upon approval, the period may be appropriately extended, but must exceed six months at the longest.

Chapter V: Re-examination, Review, And appeal

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

Where public employees are unsatisfied with the sanction decision that an organ or unit for appointments and removals made about them, and apply apply for review or appeal, handle it in accordance with relevant provisions.

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

Public employees are not to receive a heavier sanction due to raising a reconsideration or review.

Article 57: in any of the following circumstances, Supervision Organs accepting reconsiderations or reviews shall revoke the sanction decision, and make a new decision or order the original decision-making organ to make a new decision:

(1) The factual basis of the violation on which the sanction is based is insufficient;

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

(3) The sanction decision exceeded or abused authority;

Article 58: In any of the following circumstances, Supervision Organs accepting reconsiderations or reviews shall modify the sanction decision or order the original decision-making organ to modify it:

(1) the law or regulations were applied incorrectly;

(2) there are errors in the findings of the illegal conduct or circumstances;

(3) the sanctions were improper.

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

Where the revocation or reduction due to modification harms the salary or benefits of public employees, compensation shall be given.

Chapter VI: Legal Responsibility

Article 60: Where relevant organs or units 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 61: Relevant organs, units, organizations, or individuals with any of the following circumstances, their recruitment organ or unit, regulatory department, higher level organ, or Supervision Organ is to order corrections, and give sanctions in accordance with law.

(1) Refusal to perform on the sanction decision of a sanction decision-making organ or unit;

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

(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 the organs or units making sanctioning decisions, or their personnel, have any of the following circumstances, their recruitment organ or unit, regulatory department, higher level organ, or Supervision Organ is to order corrections, and give sanctions in accordance with law.

(1) Handling leads on problems in violation of regulations;

(2) Illegally stealing or disclosing investigation information or leaking information about matters reported by informants, the acceptance of reports, and 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) Disposal of property in violation of regulations;

(5) Employing investigative measures in violation of regulations;

(6) Exploiting authority or the influence of one's position to interfere with investigative work or to seek a personal benefit from the case;

(7) 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;

(8) Procedures such as for recusal were violated, causing negative impact;

(9) public employees' reconsideration, review, or appeals were not lawfully accepted and handled;

(10) Other conduct abusing professional powers, dereliction of duties, or improper conduct 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: Supplementary Provisions

Article 64: The State Council, State Supervision Commission, or relevant departments may draft specific provisions based on this Law.

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

Article 66: This law is to be implemented beginning ——————.

Where cases already heard before this Law takes effect need to have a review, reconsideration, or appeal conducted, apply the provisions or policies in effect at that 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.

 

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