Promulgation Date: 2020-6-20
Title: P.R.C. Law on Governmental Sanctions for Public Employees
Promulgating Entities:Standing Committee of the National People's Congress
Source of text: http://www.xinhuanet.com/legal/2020-06/20/c_1126139921.htm
Table of Contents
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
P.R.C. Law on Governmental Sanctions for Public Employees
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: Supervision Organs shall strengthen oversight of public employees in accordance with the scope of their management authority, and lawfully give sanctions to public employees who violate the laws.
The organs and units for appointments and removals pf public employees shall strengthen education, management, and oversight of public employees in accordance with their management authority, and lawfully give sanctions to public employees who violate the laws.
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: The giving of governmental sanctions is to adhere to the principle of the Party's management of cadres, and collective deliberation and decision-making; persist in the equality of all before the law; persist in have the facts as a basis and the law as their measures; and having the governmental sanctions correspond to the nature, circumstances, and degree of harm in the illegal conduct; and persist in combining punishment and education, 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 must not recieve governmental sanctions except for legally-prescribed grounds and in accordance with legally-prescribed procedures.
Chapter II: Types and Applicability of Governmental Sanctions
Article 7: The types of government sanction are:
(3) Major Demerits;
Article 8: The time periods for government sanctions are:
(1) Warnings- 6 months;
(2) Demerits- 12 months;
(3) Major Demerits- 18 months;
(4) Demotion or Removal- 24 months;
Governmental sanction decisions take effect from the date they are made, and their period is calculated from when the decision takes effect.
Article 9: 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 10: Where relevant organs, units, or organizations collectively make illegal decisions or implement illegal conduct, government sanctions are to be given to public employees among the responsible leaders and directly responsible personnel.
Article 11: In any of the following circumstances, governmental sanctions may be given mitigated or commuted sanctions:
(1) Actively confesses their own conduct for which they should receive governmental sanctions;
(2) Cooperates with investigations, 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) Played a secondary or supplementary role in joint illegal conduct;
(6) Proactively hands over or returns illegal gains from violations;
(7) other situations for mitigation or commutation as provided by laws and regulations.
Article 12: Where the circumstances of public employees' violations of law are minor and they have any of the circumstances provided for in article 11 of this Law, they may be given a talking to and warning, criticism and education, have a self-criticism ordered, or given an admonishment, or waive or forgo government sanctions.
Where public officials are caught up in or coerced to participate in illegal activities because they do not know the truth, and they do show earnest repentance after being criticized and educated, the sanctions may be mitigated, waved, or forgone.
Article 13: Where public employees have any of the following circumstances, heavier governmental sanctions shall be given:
(1) Intentionally committing further illegal conduct that shall receive a government action during the period of government sanction;
(2) Obstructing the reporting of others, or their provision of evidence;
(3) Colluding testimony, or fabricating, concealing, or destroying evidence;
(4) harboring others from the same case;
(5) Coercing or instigating 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 14: In any of the following circumstances, public employees that commit a crime are to be dismissed:
(1) Being sentenced to a criminal punishment of controlled release, short-term imprisonment, fixed-term imprisonment or higher (including suspended sentences);
(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 case shall ordinarily be dismissed; but where 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; and where a negative impact was caused, they are to be dismissed;
Article 15: Where public employees have to or more illegal acts, the governmental sanctions shall be separately determined. Where two or more types of governmental sanction shall be given, enforce the heavier of the governmental sanctions; where the same sanction below removal from a position is to be given multiple times, the period for the governmental sanctions may be set between the period for a singe government sanction and the total period for the several sanctions, but must not exceed 48 months at the longest.
Article 16: 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.
Article 17: 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.
Article 18: Where public employees serving in leadership positions have conduct violating the law and are terminated, removed, relieved from or resigns from the leadership position, the supervision organs may concurrently give government sanctions.
Article 19: During the governmental 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, grade, rank, 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 concurrently reduce their salary and benefits.
Article 20: During the governmental 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. For those removed from positions, lower the position, post, or rank, and concurrently reduce salary and benefits.
Article 21: During the governmental sanctions 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. For those removed from positions, reduce the position level or post level, and concurrently reduce salary and benefits.
Article 22: 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 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 and bonuses.
Article 23: Where persons provided for in Article 15, item (6) of the "P.R.C. Supervision Law" have illegal conduct, the Supervision Organs may give warnings, demerits, or major demerits. Where the circumstances are serious, their unit is to directly reduce their salary and benefits or transfer them from their post, and eliminate employment or labor relations, or otherwise handle it, or have the Supervision Organs recommend that relevant organs or units do so.
Where personnel provided for in article 15, item (2), of the "P.R.C. Supervision Law" are not serving as civil servants, persons managed with reference to the "P.R.C. Civil Servants Law", staff of public institutions, or personnel at state-owned enterprises, handle their illegal activities in accordance with the preceding paragraph.
Article 24: Where public employees are dismissed or have their employment or labor relations ended in accordance with article 24 of this Law, they must not be hired are public employees or persons managed in accordance with the "P.R.C. Civil Servants Law".
Article 25: 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.
Where positions, grades, ranks, levels, posts, personnel levels, and titles, benefits, qualifications, degrees, academic titles, honors, awards, and so forth are obtained as the result of illegal conduct, the supervision organs shall recommend the relevant organs, units, or organizations corrected them in accordance with provisions.
Article 26: Where public employees are dismissed, they shall be dismissed from the employment or labor relationship with the organs or units to which the y belong, beginning from the date on which the governmental sanction decision takes effect.
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.
Article 27: Where public employees that have retired have conduct violating the law before or after their retirement, they are no longer to be given governmental sanctions, but a case may be opened and investigated; and where they should be demoted, removed, or dismissed in accordance with law, the benefits they enjoy shall be adjusted accordingly, and unlawfully acquired assets and personal assets used in committing the violations are to be disposed of in accordance with article 25 of this Law.
Where public employees that have already left a position or died had illegal conduct in the time they performed their duties, handle it in accordance with the preceding paragraph.
Chapter III: Illegal Conduct and the Applicable Governmental Sanctions
Article 28: 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 or activities;
(5) Sowing discord and undermining ethnic relations, or participating in ethnic separatist actives;
(6) Using religious activities to undermine ethnic unity and social stability;
(7) harming national honor or interests in foreign exchanges;
Where any of the conduct in items (2),(4),(5), and (6) 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 29: 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
Where one's own personal file materials are modified or fabricated, demerits or major demerits are to be given; where the circumstances are serious, give demotion or removal;
Article 30: 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 refusing implementation or meeting together to make major decisions on one's own volition;
(2) Refusing to enforce decisions or orders lawfully made by higher levels, or indirectly not enforcing them or delaying enforcement.
Article 31: 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 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 32: 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, hiring, evaluation, promotion, and selection;
(3) Falsely or fraudulently obtaining positions, grades, ranks, levels, posts, or personnel levels, titles, benefits, qualifications, degrees, academic titles, honors, awards, or other interests;
(3) Suppressing or taking revenge against lawful exercises of authority such as to criticize, appeal, make accusations, or report;
(4) Framing, falsely accusing, or seeking to make others suffer harms to their reputations, be pursued for responsibility, or suffer other negative impacts;
(5) Undermining elections through violence, threats, bribery, fraud, or other such tactics.
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) 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.
Those who refuse to correct illegal employment with persons in designated relationships, part-time employment, or engagement in business activities, and disagree with adjustments of their position, are to be removed.
Article 34: 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 35: 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 36: 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 37: 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 38: 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 by collecting or apportioning the assets of the subjects of management services;
(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 subjects' of management services' right to know, and creating negative consequences or impact.
(5) Other conduct encroaching on subjects of management services' interests, causing negative consequences or impact.
Those with the conduct provided for in items (1), (2), or (5) above, are to be dismissed where the circumstances are serious.
Article 39: 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 performing duties or performing them incorrectly, dereliction of duty, or delaying work;
(3) Formalism or bureaucratism in work;
(4) Deceiving, misleading, or fraudulent conduct in work;
(5) Leaking state secrets and work secrets, or leaking commercial secrets or individuals' private information learned of in performance of duties.
Article 40: 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) 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) Perpetrating domestic violence, or 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 41: 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 42: 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 43: 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 44: 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 preformed as provided, based on the severity of the circumstances and in accordance with governmental sanction decision making authority;
(2) Where a violation cannot be established, the case is to be withdrawn;
(3) Where the requirements for waiving or not giving governmental sanctions are met, make a decision to waive or forgo 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 organs.
Article 45: 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 46: The governmental sanctions decision document shall be promptly 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 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 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 48: 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 49: 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 after Supervision Organs issue governmental sanctions based on paragraph 1 or 2 of this Article, the judicial organs and administrative organs are to 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 50: 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 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 51: 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 52: 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 for public employees 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 53: Where during investigations the supervision organs discover that public employees have been subject to false reporting, false accusations, or framing that caused a negative impact, they shall follow provisions to promptly clear up the facts, restore their reputation, and eliminate the negative impact.
Article 54: Where public employees receive governmental sanctions, the written governmental sanction decision shall be stored in their files. Where government sanctions of demotion or higher are received, the human resources departments are to handle the formalities for modifying positions, salaries, and other benefits in accordance with their management authority, within one month of the governmental sanction decision being made; in special circumstances, the time limits may be appropriately adjusted with permission, but must not exceed six months.
Chapter V: Review and Reconsideration
Article 55: Where public employees are dissatisfied with governmental sanctions decisions involving themselves that are made b the supervision organs, they may lawfully apply for a review to the supervision organ that made the decision; where public employees remain dissatisfied after review, they may apply for reconsideration to the supervision commission at the level above.
Where supervision organs discover that a governmental sanction decision made by that organ or a lower-level supervision organ was truly in error, they shall promptly make corrections or order that the corrections be made by the lower-level supervision organ.
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 situations, the review or reconsideration organ shall revoke the prior governmental sanction decision and make a new decision or order the former decision-making supervision organ 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, the re-hearing or reviewing organs 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 the review or reconsideration organ finds that the facts ascertained in the governmental sanction decision are clear, and the law was correctly applied, the shall sustain it.
Article 60: Where government sanction decisions for public employees are modified, and it is necessary to adjust the public employees' position, grade, rank, post, level or salary and benefits, etc., they shall be adjusted in accordance with provisions; Where governmental sanctions decisions have been revoked, the public employee's level, salary, and benefits shall be restored in accordance with their original position, grade, rank, post, and employee level, with their reputation being restored with the range that the governmental sanction was originally announced. Where assets are wrongly confiscated or recovered, they shall lawfully be returned and compensation given.
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 61: 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 that organ to make corrections and circulate a criticism of the unit; and sanctions are to be given to the responsible leaders and directly responsible person in accordance with law.
Article 62: 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 against informants, witnesses, or investigation personnel;
(4) Making false accusations or framing public employees;
(5) Other situations in violation of this Law.
Article 63: Where the Supervision Organs or their staffs have any of the following circumstances, the responsible leaders and the directly responsible personnel are to be dealt with 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 64: Where violations of this Law constitute a crime, criminal liability is to be pursued in accordance with law.
Chapter VII: Supplementary Provisions
Article 65: 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 66: The Central Military Commission may formulate relevant provisions on the basis of the provisions of this Law.
Article 67: 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.
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