The State Supervision Commission formulated the first supervision regulation, the regulations for the implementation of the supervision law of the people's Republic of China, and promulgated it for implementation

2021-09-22

With the approval of the CPC Central Committee, the State Supervision Commission issued an announcement on September 20, announcing the regulations on the implementation of the supervision law of the people's Republic of China, which clearly goes into effect as of the date of promulgation. This is the first supervision regulation formulated by the State Supervision Commission in accordance with the decision of the Standing Committee of the National People's Congress on the formulation of supervision regulations by the State Supervision Commission. Under the guidance of Xi Jinping's new socialist ideology with Chinese characteristics, the regulations earnestly implement the major deployment of the Central Committee on deepening the reform of China's state supervision system, adhere to strengthening the party's overall leadership, stick to the people centered political position, strengthen standardization, rule of law and regularization, and improve the operation mechanism of supervision power. It is a major achievement of discipline inspection and supervision organs thoroughly practicing Xi Jinping's thought of rule by law and promoting systematic integration, synergy and efficiency of supervision laws and regulations. The regulations are divided into nine chapters: general provisions, supervisory organs and their responsibilities, scope and jurisdiction of supervision, supervisory authority, supervisory procedures, international cooperation against corruption, supervision of supervisory organs and supervisors, legal responsibilities and supplementary provisions, with a total of 287 articles, corresponding to each chapter of the supervision law. On the basis of the relevant provisions of the supervision law, the regulations further clarify the extension of public officials, refine the six types of supervision objects stipulated in the supervision law item by item, make provisions in the form of explicit enumeration, and clarify the scope of objects covered by the supervision law. The regulations clearly define the investigation scope of supervisory organs, stipulate the responsibilities of supervisory organs to investigate violations and crimes, list the objective types of job-related violations, and list 101 job-related crimes over which supervisory organs have jurisdiction. These 101 charges are not only the responsibility list for the supervisory organs to investigate job-related crimes, but also the bottom line requirements and negative list for public officials, especially leading cadres, to perform their duties. They are the institutional cage for the exercise of public power, which is conducive to educating and warning public officials, especially leading cadres, to respect discipline and law, and to use power according to law, impartially and incorruptedly. In accordance with the principle of statutory functions and powers, the regulations further clarify the boundaries of supervisory responsibilities and the norms for the use of measures, and promote supervisory organs to fully perform their duties of supervision, investigation and disposal according to law. Pay close attention to the key points and risk points in the use of supervision measures, make detailed provisions on the applicable conditions, work requirements, document procedures and disclosure obligations of 15 supervision measures, and stipulate the types of supervision evidence, evidence review and evidence rules, so as to ensure that the supervision authorities take measures correctly according to law. The regulations decompose the supervision procedures stipulated in the supervision law into seven specific links: clue disposal, preliminary verification, case filing, investigation, trial, disposal and transfer for review and prosecution. In each link, the principles of the rule of law and strict requirements are implemented, forming a procedural system of discipline enforcement, effective connection with justice, clear rights and responsibilities, standardized process and effective restriction. At the same time, it is emphasized that the supervision organ shall strictly perform the request for instructions and report procedures in accordance with its authority for important matters such as clue disposal, case filing and investigation, disposal and implementation, and take supervision measures to perform the approval procedures in accordance with the specified approval authority. The special chapter of the Regulations stipulates the supervision of supervisory organs and supervisors, improve the system and mechanism for accepting supervision from all aspects, improve the internal supervision and restriction system, and build a systematic and all-round supervision mechanism. The promulgation and implementation of the regulations fully demonstrates the firm determination of the discipline inspection and supervision organs to accept the strictest constraints and supervision, which is conducive to the discipline inspection and supervision organs to carry out their work in strict accordance with the statutory authority, rules and procedures, give better play to the role of supervision, guarantee implementation, promote improvement and development, and promote the high-quality development of discipline inspection and supervision in the new era. (outlook new era)

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