Table of Contents
PRC Law on Supervision Officials (Draft) (Second Deliberation Draft)
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 supervision officials, safeguard supervision officials' lawful performance of their duties, preserve supervision officials' lawful rights and interests, advance the construction of a high caliber and professionalized corps of supervision officials, and advance the regulation and legalization of anti-corruption work.
Article 2: The system of supervision officials is to persist in the leadership of the Communist Party of China and be guided by 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 supervision officials' sense of mission, responsibility, and honor; and establish a corps of supervision officials 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 officials exercising supervision authority in supervision bodies 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, improving work styles, and rejecting corruption and taint.
Article 5: Supervision officials shall uphold 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 officials are to accept legally-prescribed oversight, democratic oversight, societal oversight, and public opinion oversight to ensure strict checks on their authority.
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.
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 in countering-corruption;
(5) Other duties provided for by law.
Article 10: The director, deputy-director, and members of supervision commissions shall, in addition to performing their supervision duties, also perform the duties corresponding to their positions.
Article 11: Supervision officials shall perform 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 being supervised 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) Abide by professional ethics, model compliance with social mores and family values;
(8) Accept oversight in accordance with law;
(9) Other obligations as provided by law.
Article 12: Supervision officials enjoy the following rights:
(1) to have the authority and working conditions that supervision officials shall have to perform their duties;
(2) to not be transferred, removed, demoted, dismissed, or sanctioned other than for legally prescribed reasons and in accordance with legal procedures.
(3) job security and welfare benefits that shall be enjoyed by those performing supervision duties;
(4) To receive the protection of law for security in their person, property, and residence;
(5) To raise complaint petitions or make accusations;
(6) Other rights provided for by law.
Article 13: Those serving as supervision officials shall possessing 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) Have the capacity to use the laws, regulations, and policies to carry out oversight, investigations, dispositions, and so forth;
(5) Have the normal physical capacity and psychological caliber to perform their duties;
(6) Have received a normal 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. In areas that have real difficulty in applying the degree requirement, the degree requirement to serve as supervision officials may be appropriately relaxed for a set period of time upon review and determination of the State Supervision Commission.
Article 14: 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 from their positions or dismissed from public office;
(4) Those listed as targets for joint penalties 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 situations provided for by law.
Article 15: 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 16: Testing and evaluations are to be used to select the best from among those who possess qualifications for supervision officials, to serve as new supervision officials. The specific measures for testing and evaluations are to formulated by the State Supervision Commission in conjunction with other relevant departments.
Article 17: Hiring of supervision officials shall be conducted in accordance with relevant state provisions.
Article 18: 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.
Article 19: 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.
Article 20: 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 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 are to be appointed or removed at the request of the director to the standing committtee 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 21: Supervision officials shall take a constitutional oath when taking office in accordance with law.
Article 22: Supervision officials shall be removed from their position in any of the following circumstances:
(1) They have lost their P.R.C. citizenship;
(2) Where position changes make it unnecessary to retain positions of supervision officials;
(3) Where they retire;
(4) Where they resign or shall be discharged in accordance with law;
(5) Where they are unsuited to hold office due to violations of discipline or law;
(6) Other situations provided for by law.
Article 23: Spervision 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, 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 and they must not accept compensation for the part-time position.
Article 24: 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 25: 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;
(2) directors, deputy directors, members, and other supervision commission in the same supervision commission;
(3) Supervision officials in the same department of a supervision commission organ;
(4) supervision officials at the same remote body, dispatched body, or other supervision body;
(5) directors, deputy directors, or members of superior and subordinate supervision commissions.
Article 26: 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 27: The director of the State Supervision Commission is the chief supervision official.
Article 28: 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 are especially needed for work may be specially selected for promotion.
Article 29: The setup and confirmation of supervision officials' ranks, and specific measures for their promotion, are to be provided for elsewhere by the state.
Article 30: A uniform system of pre-position training is to be implemented for new supervision officials.
Article 31: 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 32: Training institutions for supervision officials are to follow the relevant provisions in undertaking the task of training supervision officials.
Article 33: 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.
Article 34: Supervision officials are to carry out in-service exchanges in accordance with state provisions. supervision officials may have exchanges within supervision organs and with other supervision organs, public institutions, and state-owned enterprises.
Article 35: 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 36: 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.
Article 37: 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 38: 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 39:The grade of annual evaluations is to be determined in accordance with laws and regulations. Evaluation results are to be the basis for adjusting supervision officials' rank and salary, and for rewards and punishments, removal, demotion, or dismissal.
Article 40: 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 41: 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 42: 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) outstanding achievements in researching supervision theory or summarizing supervision practice experience, playing a role in guiding supervision work;
(5) other accomplishments.
Rewards for supervision officials are to be handled in accordance with relevant provisions.
Article 43: Supervision organs shall regulate workflow, strengthening the establishment of internal mechanisms for oversight and restraint to enhance management and oversight of supervision officials.
Article 44: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 45: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 46: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 47:Supervision officials must not inquire into cases, pry into cases, or intervenee 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 48:Where Supervision Personnel handling a supervision matter have any of the following circumstances, they shall voluntarily recuse themselves, and the targets of supervision, informants, 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) they are the close relative of the subject of supervision or informant;
(2) They have served as a witness in that case;
(3) They, or their close relatives, have an interest in the supervision matters being handled;
(4) Other circumstances that might impact the just handling of the supervision matter.
Article 49: 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 50: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 their position 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 51: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 52: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 53:Where supervision officials exhibit any of the following conduct in performing their duties, 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 serious impact;
(3) handling leads on issues without permission or authorization, concealing and not reporting major case circumstances, or personally retaining or disposing of case materials;
(4) Exploiting their authority or the impact of their position to interfere with investigative efforts or seek personal interests from cases;
(5) 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) Eliciting confessions from the targets of investigation by torture or enticement, or berating, striking, abusing, them or using indirect corporal punishments;
(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 the preceding paragraph.
Article 54: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 55: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.
Supervision officials do not bear responsibility where they have already fully performed their duties, but cause losses due to force majeure or other situations that are difficult to forsee, as well as where they submit clear comments opposing or making reservations incorrect opinions in collective decision making.
Article 56:Supervision officials must not be removed from their post except in the following circumstances:
(1) they need to be recused from their position in accordance with 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 circumstances provided for by law.
Article 57: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 58: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 59: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 60: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 61: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 62:Where supervision officials are disabled, 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 63:After supervision officials retire, they enjoy pension and other benefits as provided for by the state.
Article 64:Where state organs or their staff have conduct violating the rights of supervision officials provided for in article 12 of this Law, the supervision officials have the right to make an accusation.
Article 65: 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 66: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.
Article 67: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 provisons of the Civil Servants Law of the PRC and other laws and regulations.
Article 68:The Central Military Commission may, according to this Law, formulate a supervision system for the People's Liberation Army and the Chinese People's Armed Police Corps.
Article 69: This Law takes effect on xx-xx-xxxx.