Interpretation of the Revised Supervision Law

2024-12-31

On December 25, the 13th Meeting of the Standing Committee of the 14th National People's Congress voted to approve the decision on amending the Supervision Law. The revised Supervision Law will come into effect on June 1, 2025. The current Supervision Law was reviewed and passed in 2018. As a national anti-corruption legislation that plays a leading and fundamental role in national supervision work, it plays an important role in strengthening the centralized and unified leadership of the Party in anti-corruption work, building a centralized, unified, authoritative and efficient national supervision system with Chinese characteristics, and achieving full coverage of supervision of public officials. In an interview with the media, the head of the National Law Office of the Legislative Affairs Committee of the Standing Committee of the National People's Congress pointed out that in view of the new situation and tasks facing the fight against corruption, building a socialist modern country in an all-round way puts forward new requirements for the high-quality development of discipline inspection and supervision work. The revision of the Supervision Law is of great significance. It is an important measure to consolidate and expand the achievements of the reform of the national supervision system, a practical need to solve outstanding problems in the supervision work under the new situation, and a strong guarantee to promote the standardization, rule of law and normalization of supervision work. The person in charge of the Regulation Office of the Central Commission for Discipline Inspection and the National Supervisory Commission specifically introduced the five major aspects focused on in this revision of the Supervision Law. In terms of improving the regulations on supervisory deployment, it is stipulated that the supervisory agencies and commissioners of units and state-owned enterprises that implement vertical management or dual leadership at the same level and are mainly led by higher-level units dispatched by the National Supervisory Commission can be further dispatched to the lower level units of the stationed units; The supervisory agencies and commissioners dispatched by the National Supervisory Commission can be further dispatched to ordinary higher education institutions that manage the leadership team of the stationed units; The supervisory agencies dispatched by the National Supervisory Commission to the State owned Assets Supervision and Administration Commission of the State Council may further dispatch to the state-owned enterprises where the management leadership team is stationed. In terms of granting necessary supervision measures to the supervisory organs, a system of compulsory supervision measures that combines light and heavy measures and is coordinated has been established. Specifically, it includes: adding mandatory attendance measures; Increase the measures of ordering and waiting for investigation; Increase management and protection measures. In terms of improving the supervision procedures, on the basis of the current detention period regulations, additional provisions have been added that, with the approval or decision of the National Supervisory Commission, the detention period can be extended by another two months for cases that may be sentenced to more than ten years of fixed-term imprisonment. If the supervisory organs at or above the provincial level discover other important crimes, the detention period can be recalculated to adapt to the actual supervision and handling of cases and solve the problem of tight detention periods for major and complex cases. At the same time, it is clarified that the public security organs are responsible for the care services of the detention places of the supervisory organs below the provincial level, and principles and regulations are made for the management of the detention care teams. In addition, the time limits, approval procedures, and work requirements for the three newly added mandatory supervision measures will be improved. In terms of international cooperation in anti-corruption, the revised Supervision Law has enriched relevant provisions, connected with laws such as the International Criminal Judicial Assistance Law, and enriched and improved the anti-corruption international cooperation responsibilities of the National Supervisory Commission. In terms of strengthening the self construction of supervisory organs, the revised Supervision Law has added relevant content on the supervision of appointed inspectors. In order to prevent more serious consequences or adverse effects, supervisory authorities may impose confinement measures on supervisory personnel suspected of serious duty violations or crimes. In accordance with the requirements of adding mandatory supervision measures, protecting enterprise property rights and independent operation rights, the appeal system and accountability regulations for illegal cases handled by supervisory organs and their staff should be correspondingly improved. The establishment of the "re dispatch" system for supervision is a major highlight of this amendment to the Supervision Law. The person in charge of the Regulations Office of the Central Commission for Discipline Inspection and the National Supervisory Commission explained that the original Supervision Law stipulated the system of dispatching and dispatching supervisors. Supervisory commissions at all levels lawfully dispatched and dispatched supervisory agencies and commissioners to party organs, state organs, state-owned enterprises and institutions, effectively promoting the full coverage of supervision. However, in practice, for the vertical management system, the National Supervisory Commission can only dispatch supervisory agencies to its central level units, making it difficult for supervision to effectively cover the entire system. This modification adds a "re dispatch" system for supervision, which stipulates that with the approval of the National Supervisory Commission, the supervisory agencies dispatched by the National Supervisory Commission to the central level units of the vertical management system can be re dispatched to the lower level units of their stationed units. This is conducive to extending the supervisory power downwards, solving the bottleneck problem of supervision in the vertical management system, and enhancing the effectiveness of full coverage of supervision and supervision. Although centrally managed enterprises do not belong to the vertical management units in the sense of organizational structure, they have the same problems as vertical management units in terms of the full coverage of the exercise of supervisory power The person in charge added that universities under the Ministry of Education and other central units, as well as state-owned enterprises under the supervision of the State owned Assets Supervision and Administration Commission, cannot be granted supervisory power because they do not belong to the "same level" of the National Supervisory Commission. The number of supervisory targets for related enterprises and universities is large and geographically dispersed, making it difficult for the dispatched institutions of the National Supervisory Commission to effectively supervise enterprises under central management, the State owned Assets Supervision and Administration Commission of the State Council, the Ministry of Education and other central level units. Therefore, the revised Supervision Law includes these areas together with the vertical management system in the scope of "re dispatching" supervision. Strengthening the supervision and restraint of supervisory power, safeguarding citizens' rights, is another key content of this amendment to the Supervision Law. The head of the National Law Office of the Law Working Committee of the Standing Committee of the National People's Congress introduced that the revised supervision law strengthened the standardization requirements of supervision and law enforcement. In the general provisions, the principle of "complying with legal procedures and performing duties fairly" is included in the supervision work, further highlighting the overall requirement of carrying out supervision work in accordance with the law. In Chapter 5 of the Supervision Procedure, a provision has been added stating that "investigators shall conduct investigations in a civilized and standardized manner in accordance with the law", and the requirement that evidence shall not be collected through violent means has been clarified, resolutely preventing violent evidence collection. In order to strengthen the protection of citizens' rights, the revised Supervision Law adds "respect and safeguard human rights" to the principles of supervision work, and modifies "safeguard the legitimate rights and interests of parties" to "safeguard the legitimate rights and interests of supervision objects and related personnel", fully demonstrating the clear stance of comprehensively safeguarding human rights in accordance with the law. At the same time, special provisions have been made for the supervision organs to protect the property rights and independent operation rights of enterprises in accordance with the law, further strengthening the protection of various types of enterprise property rights and the legitimate rights and interests of enterprise operators in the supervision and investigation work, and avoiding or reducing the impact on the normal production and business activities of the involved enterprises. The revised Supervision Law adheres to the combination of authorization and control. While granting necessary supervisory coercive measures in accordance with the law, it also provides a list of applicable situations for newly added supervisory coercive measures, clarifying that the adoption of new supervisory coercive measures should be carried out in accordance with the prescribed authority and procedures, and approved by the main responsible person of the supervisory authority to prevent abuse. At the same time, provisions have been specifically added regarding the lawful modification of compulsory measures to reduce the application of detention measures. In order to strengthen the supervision and restraint of supervisory power, the revised Supervision Law has improved the appeal system and accountability provisions for supervisory organs and their staff who illegally handle cases, promoting the strict exercise of supervisory power in accordance with the law. (New Society)

Edit:Rina    Responsible editor:Lily

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