Promulgation Date: 2021-8-20 Title: Supervision Officials Law of the PRC Document Number: Expiration date: Promulgating Entities: Standing Committee of the National People's Congress Source of text: http://www.npc.gov.cn/npc/c30834/202108/91238854e20c430d94c1b22297116f0e.shtml
Chapter I: General Provisions
Article 1: This Law is formulated on the basis of the Constitution and on the "Supervision Law of the PRC" in order to strengthen the management and oversight of Supervisors, safeguard Supervisors' lawful performance of their duties, preserve Supervisors' lawful rights and interests, advance the construction of a high caliber and professionalized corps of Supervisors, and advance the regulation and legalization of supervision work.
Article 2: The management and oversight of supervision officials is to persist in the leadership of the Communist Party of China and adhere to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of the "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to uphold in the principle of Party management of cadres, enhance Supervisors' sense of mission, responsibility, and honor; and establish a corps of Supervisors who are loyal, clean, and able.
Article 3: Supervision officials include the following persons:
(1) The director, deputy director, and members of all levels of supervision commission;
(2) Supervision officials in all levels of supervision commissions;
(3) Supervision officials or Supervision Commissioners stationed or dispatched by any level of supervision commission in organs of the Communist Party of China, state organs, or organizations and units authorized by laws or regulations or retained to administer public affairs, as well as to the administrative regions under their jurisdiction;
(4) Other supervision personnel exercising supervision authority in supervision organs in accordance with law;
The relevant provisions of this Law may be implemented by reference to the oversight and management of the personnel of supervision bodies and supervision commissioners stationed in state-owned enterprises, as well as other supervision body staff who exercise supervision authority in state-owned enterprises in accordance with law.
Article 4: Supervision officials shall be loyal and steadfast, capable of doing their duty, honest and upright, setting an example for strict self-discipline, good work styles, and rejecting corruption and taint.
Article 5: Supervision officials shall uphold the dignity and authority of the Constitution and laws, have the facts as their basis and the law as their measure, perform their duties objectively and fairly, and safeguard the' lawful rights and interests of parties.
Article 6: Supervision officials shall perform their duties in strict accordance with the authority and procedures provided, and uphold the System of Democratic Centralism and collective study of major affairs.
Article 7: Supervision organs shall establish and complete systems and mechanisms for the oversight of supervision officials to ensure their authority is subject to strict constraints.
Supervision officials shall conscientiously accept organizational oversight, societal oversight, and public opinion oversight.
Article 8: Supervision officials performing their duties in accordance with law are protected by law and are not to be interfered with by administrative organs, social organizations and individuals.
Chapter II: Supervision Officials' Duties, Obligations and Rights
Article 9: Supervision officials are to perform the following duties in accordance with law:
(1) Carry out education on clean governance for public employees;
(2) Oversee and inspect public personnel's performance of their duties in accordance with the law, just use of authority, clean governance, and upholding ethics;
(3) Conduct investigations of violations and crimes abusing public office that are within the jurisdiction of the supervision organs;
(4) Submit opinions on punishments based on the outcomes of oversight and investigations in supervision matters they handle;
(5) Carry out efforts on international cooperation against corruption;
(6) Other duties as provided for by law.
Supervision officials are responsible for all supervision matters they handle within the scope of their duties.
Article 10: Supervision officials shall fulfill the following obligations:
(1) Conscientiously uphold the leadership of the Communist Party of China, strictly enforcing the Party and state's line, directives, and policies, major decisions, arrangements, and allocations;
(2) Model obedience to the Constitution and laws;
(3) Preserve the nation and people's interests, impartially enforce the law, have the courage to perform their duties, dare to oversee, and resolutely combat corruption;
(4) Safeguard the lawful rights and interests of those subject to supervision and relevant personnel;
(5) Be faithful to their duties, diligent and conscientious, striving to increase the qualify and efficacy of work;
(6) Protect state secrets and supervision work secrets, and keep commercial secrets, personal privacy, and personal information in performing one's duties confidential;
(7) Strictly follow discipline, abide by professional ethics, model compliance with social mores and family values;
(8) Conscientiously accept oversight;
(9) Other obligations provided by law.
Article 11: Supervision officials enjoy the following rights:
(1) the authority and working conditions that supervision officials shall have to perform their duties;
(2) job security and welfare benefits that shall be enjoyed by those performing supervision duties;
(3) To receive protection of law for security in their person, property, and residence.
(4) To raise complaint petitions or make accusations;
(5) Other rights provided by the Civil Servants Law and other laws.
Chapter III: Requirements and Selection of Supervision Officials
Article 12: Those serving as supervision officials shall possess the following conditions:
(1) Have citizenship of the People's Republic of China;
(2) Be faithful to the Constitution of the People's Republic of China, and uphold the leadership of the Communist Party of China and the socialist system;
(3) Have good political character, moral fiber, and clean work styles;
(4) Be familiar with the laws, regulations, and policies, and possess the professional knowledge and capacity to perform duties such as for oversight, investigation, and making dispositions;
(5) Have the physical capacity and psychological caliber to normally perform their duties;
(6) Have received a college bachelor's level degree or higher;
(7) Other qualifications provided for by law.
Where supervision officials from before this law took effect do not have the requirements provided for in item (6) of the preceding paragraph, they shall receive training and evaluations, with specific measures to be formulated by the State Supervision Commission.
Article 13: Those with any one of the following circumstances must not serve as supervision officials:
(1) Those who have received a criminal punishment, as well as those for whom the people's procuratorate made a lawful decision to not prosecute because the circumstances of the crime were minor, or where the people's court lawfully waived criminal punishment;
(2） Those who have been removed from internal Party positions, put on Party probation, or expelled from the Party;
(3) Those who have been removed or dismissed from public office;
(4) Those who have been listed as subjects of joint disciplinary action for untrustworthiness in accordance with law;
(5) Those whose spouse lives abroad (or outside the territory), or who have no spouse, but all of their children are abroad;
(6) Other circumstances as provided by law.
Article 14: The selection of supervision officials is to uphold morality and ability, with morality placed first; persist in a meritocracy drawing from all over; persist in putting work first, being just and upright; highlight political standards, and emphasize work performance.
Article 15: Testing and evaluations are to be used to select the best from among those who possess qualifications for supervision officials, to serve as supervision officials.
Article 16: The recruitment of supervision officials shall employ public testing, strict observation, equal competition, and merit-based methods in accordance with laws and relevant state provisions.
Article 17: As needed for supervision work, the supervision commissions may select supervision officials from among eligible personnel in organs such as Party organs, state organs, public institutions, and state-owned enterprises in accordance with laws and relevant state provisions.
Article 18: As needed for supervision work, supervision commissions may select or hire supervision officials from among eligible teachers and researchers engaged in positions with duties corresponding to supervision organs' functions in accordance with laws and relevant state provisions.
Chapter IV: Appointment and Removal of Supervision Officials
Article 19: The director of the State Supervision Commission is to be elected and removed by the National People's Congress and the deputy directors and members appointed or removed by the proposal of the director of the State Supervision Commission to the Standing Committee of the National People's Congress.
The directors of all levels of local supervision commissions are to be elected and removed by the people's congress of the same level, and the deputy directors and committee members are to be appointed or removed at the request of the director of the supervision commission to the standing committee of the people's congress.
The directors, deputy directors, and members of all levels of supervision commission for he Xinjiang Production and Construction Corps are to be appointed and removed at the request of the director of the supervision commission for the Xinjiang Uyghur Autonomous Region [XUAR] to the Standing Committee of the people's congress for the XUAR.
The appointment and removal of other supervision officials is to be handled in accordance with the scope of management authority and the procedures provided.
Article 20: Supervision officials shall take an oath of allegiance to the Constitution when assuming office.
Article 21: Supervision officials shall be removed from their position in any of the following circumstances:
(1) Where they have forfeited citizenship of the People's Republic of China;
(2) Where position changes make it unnecessary to retain positions of supervision officials;
(3) Where they retire;
(4) Where they resign or should be discharged in accordance with law;
(5) Where the are transferred or expelled for violations of discipline or law;
(6) Other circumstances as provided by law.
Article 22: Supervision officials must not concurrently serve as a member of the Standing Committee of a People's Congress, must not concurrently serve in a position at an administrative organ, adjudicatory organ, or procuratorate; must not concurrently serve at an enterprise or other for-profit organization, or public institution; and must not concurrently serve as a people's assessor, people's supervisor, practicing lawyer, arbitrator, or notary public.
Where supervision officials need to work part-time for work reasons, approval shall be in accordance with the scope of management authority but must not accept compensation for the part-time position.
Article 23: Where supervision officials serve as directors of supervision commissions at the county or districted city level, they shall carry out regional recusal in accordance with relevant provisions.
Article 24: Supervision officials that are spouses, immediate blood relations, blood relationship within three generations, or close relatives by marriage may not hold the following positions at the same time:
(1) directors, deputy directors, or members of the same supervision commission; the above mentioned personnel and other supervision commission;
(2) Supervision officials in the same department of a supervision commission organ;
(3) supervision officials at the same remote body, dispatched body, or other supervision body;
(4) directors, deputy directors, or members of superior and subordinate supervision commissions.
Chapter V: Management of Supervision Officials
Article 25: Supervision officials are divided into 13 levels, which are a chief supervision official, first-class and second-class deputy chief supervision officials, first-class senior, second-class, third-class, and fourth-class senior supervision officials, and first-class, second-class, third-class, fourth-class, fifth-class and sixth-class supervision officials.
Article 26: The director of the State Supervision Commission is the chief supervision official.
Article 27: The determination of supervision officials' rank and grade is based on their showing of integrity and ability, their professional skill level, their years of supervision practice and work, and so forth.
Supervision officials are to be promoted through a combination of regular periodic promotions and selective promotions, and supervision officials who are exceptional or that make special contributions may be given early promotions.
Article 28: The setup and confirmation of supervision officials' ranks, and specific measures for their promotion, are to be provided for elsewhere by the state.
Article 29: A system of pre-position training is to be implemented for new supervision officials.
Article 30: Political, theoretical, and operational training for supervision officials shall be conducted in a planned manner.
Training shall highlight the special nature of political-legal organs, persist in connecting theory with practice, teaching according to needs, and stressing practical results to increase professional ability.
The training of supervision officials is to be one basis for evaluating supervision officials and for promotions in their positions and rank.
Article 31: Training institutions for supervision officials are to follow the relevant provisions in undertaking the task of training supervision officials.
Article 32: The state is to strengthen the establishment of the field of supervision studies, encouraging schools of higher learning that have the capacity to implement supervision majors and courses, cultivating high caliber supervision officials with both ability and political integrity, and increasing the professional capacity of supervision officials.
Article 33: Supervision officials are to carry out in-service exchanges in accordance with laws and relevant state provisions.
Article 34: Supervision officials' applications to resign shall be submitted personally and in writing, after approval in accordance with the scope of management provisions, they are to be removed from their post in accordance with the procedures provided.
Article 35: Where supervision officials have situations for which they shall be dismissed, they are to be removed from their position in accordance with the procedures provided.
Dismissal of supervision officials shall be by decision in accordance with the scope of management authority. Written notice of dismissal decisions shall be given the supervision officials being dismissed and lay out the reason and basis for the decision.
Chapter VI: Evaluation and Rewards for Supervision Officials
Article 36: The evaluation of supervision officials shall be comprehensive, objective and just, and is to be combined with ordinary evaluations, special evaluations, and annual evaluations.
Article 37: The evaluation of supervision officials shall be in accordance with management authority and comprehensively evaluate the supervision officials' morals, ability, diligence, achievements, and integrity, and emphasize political character, actual work quality, and self-discipline in clean governance.
Article 38: Annual evaluation results are to be divided into four grades: outstanding, competent, basic competence, and incompetent.
Evaluation results are to be the basis for adjusting supervision officials' rank and salary, and for rewards and punishments, removal, demotion, or dismissal.
Article 39: Notice of the annual evaluation results is to be given to the supervision officials themselves. If supervision officials have objections to the evaluation results, they may apply for a review.
Article 40: Supervision officials or groups of supervision officials having notable achievements or contributions in supervision work, or have other outstanding deeds, are to be given rewards in accordance with the relevant provisions.
Article 41: Where supervision officials have any of the following performances, they are to be given rewards:
(1) Perform oversight duties with noticeable effect;
(2) Had notable efficacy or contributions in efforts to investigate and address violations and crimes abusing public office;
(3) Submitted valuable supervision comments, preventing and eliminating major risks and threats, with notable effect;
(4) Had outstanding achievements in researching supervision theory or summarizing supervision practice experience, playing a role in guiding supervision work;
(5) other achievements.
Rewards for supervision officials are to be handled in accordance with relevant provisions.
Chapter VII: Oversight and Punishment of Supervision Officials
Article 42: Supervision organs shall regulate workflow, strengthening the establishment of internal mechanisms for oversight and restraint to enhance oversight of supervision officials' performance of their work and compliance with laws.
Article 43: All units and individuals have the right to report or make accusations regarding supervision officials' illegal and criminal activity. Organs receiving reports or accusations shall promptly investigate and notify the informant or accuser of the results of the investigation.
Units and individuals making reports and accusations in accordance with law must not be suppressed or attacked in revenge by anyone.
Article 44: The supervision organs shall promptly investigate leads on issues of supervision officials violating discipline or laws in performing their duties that are transferred by the adjudication organs, procuratorates, or enforcement departments.
Article 45: As needed for work, supervision commissions are to hire special supervision officials and other overseers from among representatives of all fields to conduct oversight of supervision officials' performance of their duties and raise comments and recommendations on strengthening and improving supervision work.
Article 46: Supervision officials must not inquire into cases, pry into cases, or intervene on others' behalf. The supervision officials handling the supervision matter shall promptly report the conduct described above to the higher authorities. Relevant circumstances shall be registered and filed for the record.
Absent permission, the supervision officials handling a supervision matter must not have contact with the persons under investigation, persons implicated in the case, and their designated associates. Supervision officials aware of the circumstance described above shall promptly report them to the higher authorities. Relevant circumstances shall be registered and filed for the record.
Article 47:Where Supervision Personnel handling a supervision matter have any of the following circumstances, they shall voluntarily recuse themselves, and the targets of supervision, informants, accusers, or other relevant persons, also have the right to request recusal; and where they do not proactively apply to recuse themselves, the supervision organs shall make a decision on their recusal in accordance with law:
(1) Is a close relative of the target of the supervision, the informant, or accuser;
(2) has served as a witness in that case;
(3) They, or their close relatives, have an interest in the supervision matters being handled;
(4) Has other circumstances that may impact the fair handling of the matters for supervision.
Article 48: Supervision officials shall strictly implement a confidentiality system to control the scope and time of knowledge about supervision matters, and must not retain, conceal, access, copy, reproduce, or take possession of leads and case materials without authorization; leaking of supervision work secrets is strictly prohibited.
After leaving their position supervision officials who are involved with secrets shall abide by the management provisions for the departure period and strictly perform their obligations to keep secrets, and must not divulge relevant secrets.
Article 49: Within three years after supervision officials leave their position, they must not engage in professions in which conflicts of interest might occur in connection with the supervision and judicial work.
After supervision officials leave the people's courts they must not serve as an agent ad litem or defender in cases handled by their former supervision organ, except where they are a party's guardian or being the agent ad litem or defender for a close relative.
After supervision officials are dismissed they must not serve as an agent ad litem or defender, except where they are a party's guardian or being the agent ad litem or defender for a close relative.
Article 50: Supervision officials shall comply with relevant provisions regulating the commercial and entrepreneurial conduct of leading cadres' spouses, children, and children's spouses. Where provisions are violated, punishments are to be given.
Article 51: Supervision officials' spouses, parents, children, and children's spouses must not serve as lawyers in the role of agent ad litem or defender or provide any compensated legal services in cases handled by current supervision officials
Article 52: Where supervision officials exhibit any of the following conduct, they are to be dealt with in accordance with law, and where a crime is constituted, criminal responsibility is pursued in accordance with law:
(1) Corruption or bribery;
(2) Not performing oversight duties, or performing them incorrectly, not discovering issues, or discovering issues and not reporting or addressing them, causing a vile impact;
(3) Disposing of leads without permission or authorization, concealing and not reporting major case circumstances after discovering them, or keeping or handling the materials involved in the case without authorization;
(4) Exploiting their authority or the influence of their positions to interfere with investigative work or to seek a personal benefit from the case;
(5) Illegally stealing or disclosing investigation information or leaking information about reported matters, the acceptance of reports, and informants' information;
(6) Concealing, fabricating, altering, or intentionally destroying evidence or case materials;
(7) 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;
(8) Violating provisions in employing investigative measures or in disposing of assets involved in the case;
(9) 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;
(10) Other violations or crimes abusing public office.
Where supervision officials exhibit other conduct in violation of discipline or laws that impacts the image of the corps of supervision officials or harms the nation and people's interests, corresponding responsibility shall be pursued in accordance with law.
Article 53:Where a case has already been filed for review, investigation, or criminal investigation of a supervision official suspected of violated discipline or law and they are not fit to continue performing their duties, the performance of their duties is to be temporarily stopped in accordance with management authority and the procedures provided.
Article 54: Implement a system for pursuing supervision official's responsibility, to pursue lifetime responsibility or accountability where the abuse of authority or dereliction of duty causes serious consequences.
Where supervision officials are suspected of serious violations or crimes abusing public office or major incompetence in handling cases, the responsibility of the leaders and directly responsible personnel shall be pursued.
Chapter VIII: Professional Safeguards for Supervision Officials
Article 55: Except in the following situations, procurators must not be transferred:
(1) Where recusal from a position is required by provisions;
(2) To carry out professional exchanges in accordance with provisions;
(3) Where work needs to be adjusted due to adjustments in institutions or personal allotment;
(4) Where they are not fit to engage in supervision work due to violations of discipline or law;
(5) Other situations provided by law.
Article 56:Units and individuals must not request that supervision officials engage in tasks beyond the scope of their duties.
Supervision officials have the right to refuse any conduct that interferes with the lawful performance of their duties, and to fully and truthfully record and report it; where there are violations of discipline or law, the relevant organs are to pursue the relevant responsible persons or perpetrators based on the severity of the circumstances.
Article 57: The professional dignity and physical safety of supervision officials are to receive the protection of law.
Supervision officials and their close relatives must not be retaliated against by any units or individual.
Unlawful and criminal acts of retaliation by making false charges, insults and defamation, violent encroachment, threats and intimidation, or provocation or harassment against supervision officials and their close relatives shall be severely punished in accordance with law.
Article 58: Where supervision officials are falsely reported, maliciously accused, or demeaned and defamed, causing harm to their reputation due to lawful performance of their duties, the supervision organs shall join with the relevant departments to promptly clarify the facts, dispel negative impacts and pursue the responsibility of relevant departments and individuals.
Article 59: Where as a result of lawfully performing their duties, supervision officials or their close relatives face physical danger, the supervision organs and public security organs shall employ necessary protection measures for the supervision officials and their close families such as personal protections or prohibiting contact with specific persons.
Article 60: The salary system provided by the state is to be implemented for supervision officials, and they are to enjoy rank-based allowances and other allowances, subsidies, bonuses, insurance, and welfare benefits. The state is to separately provide for supervision officials' salary and rank-based allowances.
Article 61: Where supervision officials are disabled due to their work, they enjoy disability benefits as provided for by the state. Where a supervision official is killed or dies in service, their relatives enjoy the bereavement benefits and preferential treatment as provided by the state.
Article 62: After supervision officials retire, they enjoy pension and other benefits as provided for by the state.
Article 63: Where state organs or their staff have conduct violating the rights of supervision officials, the supervision officials have the right to make an accusation.
The organs accepting accusations shall investigate and handle them, and promptly inform the person of the outcome.
Article 64: Where supervision officials are dissatisfied with governmental sanctions, sanctions, or human resources dispositions involving themselves, they may lawfully apply for a reexamination or review in accordance with the procedures provided, or initiate a collateral appeal.
Article 65: Where there are errors in public affairs sanctions, sanctions or personnel dispositions for supervision officials, they shall be promptly corrected; where it causes reputational harm, the reputation shall be restored, the impact eliminated, and formal apologies made; where economic harm is caused, compensation shall be made. The personnel directly responsible for retaliation shall be pursued for responsibility in accordance with law.
Chapter IX: Supplementary Provisions
Article 66: Where this Law has provisions on the system of supervision officials' rights, obligations, and management, apply the provisions of this law; and where this Law is silent, apply the relevant provisions of the Civil Servants Law of the PRC and other laws and regulations.
Article 67: The supervision system for the Chinese People's Liberation Army and the Chinese armed police forces is to be implemented in accordance with the relevant state and military provisions.
Article 68: This Law is to take effect beginning January 1, 2022.