Announcement of the State Supervision Commission of the people's Republic of China (No. 1)

2021-09-22

Regulations for the implementation of the supervision law of the people's Republic of China (it was decided at the plenary meeting of the State Supervision Commission on July 20, 2021 and shall come into force as of September 20, 2021) catalogue Chapter I General Provisions Chapter II supervisory organs and their duties Chapter III Scope and jurisdiction of supervision Chapter IV Supervision Authority Chapter V Supervision Procedures Chapter VI International Cooperation against corruption Chapter VII Supervision over supervisory organs and supervisory personnel Chapter VIII Legal Liability Chapter IX supplementary provisions Chapter I General Provisions Article 1 in order to promote the legalization and standardization of supervision, these Regulations are formulated in accordance with the supervision law of the people's Republic of China (hereinafter referred to as the supervision law) and in combination with the actual work. Second, China must adhere to the CPC's overall leadership in supervision work, enhance its political awareness, overall awareness, core consciousness and sense of alignment, strengthen China's socialist road self-confidence, theoretical self-confidence, institutional self-confidence and cultural self-confidence, firmly uphold the core of the Central Committee of the Party Central Committee of the general secretary Xi Jinping and the core position of the whole party, and resolutely safeguard the authority and centralized leadership of the Party Central Committee. Implement the party's leadership in all aspects and the whole process of supervision. Article 3 the supervisory organs work together with the party's discipline inspection organs, adhere to the thinking and mode of the rule of law, promote the connection of discipline and law enforcement, effectively link up the administration of justice, and realize the organic integration of discipline based supervision and supervision according to law, and the application of discipline and law. Article 4 supervisory organs shall perform their duties of supervision, investigation and disposal according to law, adhere to seeking truth from facts, learn from past mistakes and avoid future ones, treat diseases and save people, and adhere to the combination of discipline and education, so as to achieve the unity of political, legal and social effects. Article 5 supervisory organs shall unswervingly punish corruption, promote the deepening of reform, improve the system, standardize the operation of power, strengthen ideological and moral education, legal education and integrity education, guide public officials to improve their consciousness, act and perform their duties according to law, and promote the construction of systems and mechanisms that dare not corrupt, cannot corrupt and do not want to corrupt. Article 6 supervisory organs shall adhere to democratic centralism, collectively study important matters in clue disposal, case filing and investigation, case trial, disposal and implementation, review and review, and perform the procedures of requesting instructions and reports in strict accordance with their authority. Article 7 supervisory organs shall be equal in the application of laws, and fully protect the legitimate rights and interests of the objects of supervision and relevant personnel, such as personal rights, the right to know, property rights, the right to defend, the right to appeal and the right to apply for review. Article 8 when handling cases of job-related crimes, supervisory organs shall cooperate and restrict each other with the people's courts and people's procuratorates, strengthen communication and coordination in case jurisdiction, evidence examination, case transfer and disposal of property involved, and respond to the requests of the people's courts and people's procuratorates for returning supplementary investigations, eliminating illegal evidence, and obtaining synchronous audio and video recordings Require investigators to appear in court and other opinions to be handled according to law. Article 9 when carrying out supervision work, a supervisory organ may, according to law, request and organize relevant departments and units such as personnel, public security, national security, audit, statistics, market supervision, financial supervision, finance, taxation, natural resources, banking, securities and insurance to assist and cooperate. Relevant departments and units shall, in accordance with the requirements of supervisory organs, assist in taking relevant measures, sharing relevant information, providing relevant materials and professional and technical support, and cooperate in supervision according to law. Chapter II supervisory organs and their duties Section I leadership system Article 10 the State Supervision Commission shall carry out its work under the leadership of the Party Central Committee. Local supervisory committees at all levels work under the dual leadership of the Party committee at the same level and the supervisory committee at a higher level, supervise law enforcement and investigation, and give priority to the leadership of the supervisory committee at the higher level. Clue disposal and case investigation shall be reported to the supervisory committee at the next higher level while reporting to the Party committee at the same level. Supervisory committees at higher levels shall strengthen their leadership over supervisory committees at lower levels. The lower supervisory committee must implement the decisions of the higher supervisory committee. If it considers the decisions inappropriate, it shall report them to the higher supervisory committee at the same time of implementation. The supervisory committee at a higher level shall correct the wrong decisions made by the supervisory committee at a lower level in accordance with procedures, or require the supervisory committee at a lower level to correct them. Article 11 the supervisory committee at a higher level may, in accordance with law, uniformly transfer the supervisors of the supervisory organs at all levels under its jurisdiction to handle supervisory matters. The call decision shall be made in writing. Supervisory organs shall strengthen mutual cooperation and cooperation in handling supervisory matters, and may refer important and complex matters to higher supervisory organs for coordination. Article 12 supervisory committees at all levels shall, according to law, dispatch or dispatch supervisory offices and commissioners to the organs of the Communist Party of China, state organs, organizations and units authorized or entrusted by laws and regulations to manage public affairs, as well as state-owned enterprises and institutions under their jurisdiction. Supervisory committees at the provincial level and cities divided into districts shall, according to law, dispatch supervisory organs or commissioners to regions, leagues, development zones and other regions that do not have people's congresses. The county-level supervisory committee and the district (county) supervisory committee of the municipality directly under the central government may send supervisory organs or supervisors to the streets, towns and other areas. The supervisory organs and Commissioners shall be under the leadership of the dispatched organs to carry out supervisory work. Article 13 the dispatched or dispatched supervisory institutions and Commissioners shall, in accordance with the authorization of the dispatched organs and according to the administrative authority, supervise the public officials of the dispatched or dispatched supervisory units and regions according to law, and investigate and deal with job-related violations and job-related crimes. Supervisory organs and commissioners may, in accordance with regulations, jointly investigate serious job-related violations and job-related crimes with local supervisory committees, or transfer them to local supervisory committees for investigation. If a supervisory institution or commissioner that has not been granted the power to investigate job-related crimes finds that the supervised object is suspected of job-related crimes, it shall report to the dispatched organ in time, and the dispatched organ shall investigate or transfer it to the relevant local supervisory committee for investigation according to law. Section 2 supervision Article 14 supervisory organs shall perform their duties of supervision according to law, supervise and inspect the political conduct, exercise of public power and moral integrity of public officials, and urge relevant organs and units to strengthen the education, management and supervision of their public officials. Article 15 supervisory organs shall resolutely uphold the guiding ideology of the state established in the Constitution and strengthen the supervision of public officials, especially leaders, in adhering to the party's leadership and the socialist system with Chinese characteristics, implementing the party and state lines, principles and policies, major decisions and arrangements, performing their duties of strict management and supervision, and exercising public power according to law. Article 16 supervisory organs shall strengthen the education of public officials in ideals, serving the people, constitutional laws and regulations and excellent traditional culture, carry forward the socialist core values, carry out in-depth warning education, educate and guide public officials to establish a correct outlook on power, responsibility and interests, and maintain their pragmatic and honest nature for the people. Article 17 supervisory organs shall, in combination with the duties of public officials, strengthen daily supervision, and promote the use of power by public officials according to law, impartially and incorruptedly by collecting complaints from the masses, holding discussions and visits, consulting materials, convening or attending meetings as nonvoting delegates, listening to work reports, stating responsibilities and honesty, and conducting supervision and inspection. Article 18 a supervisory organ may have heart to heart talks with public officials and timely educate and remind them of any emerging and tendentious problems in political conduct, the exercise of public power and moral integrity. Article 19 the supervisory organ may have an in-depth understanding of the systemic and industrial outstanding problems found and the problems strongly reflected by the masses through special inspection, urge the relevant organs and units to strengthen governance, and promote the performance of duties by public officials. Article 20 supervisory organs shall promote rectification by handling cases and governance by supervision. While identifying problems and handling them according to law, they shall analyze the causes of problems, find problems in system construction, power allocation and supervision mechanism, and put forward opinions or supervision suggestions to relevant organs and units to improve their work, so as to promote the improvement of the system and improve the efficiency of governance. Article 21 in carrying out supervision and supervision, supervisory organs shall make an overall connection with Disciplinary Supervision, resident supervision and patrol supervision, coordinate with the supervision of the National People's Congress, democratic supervision, administrative supervision, judicial supervision, audit supervision, financial and accounting supervision, statistical supervision, mass supervision and public opinion supervision, improve the mechanisms for sharing information, resources and achievements, and form a joint force of supervision. Section III Supervision and investigation Article 22 supervisory organs shall perform their duties of supervision and investigation in accordance with the law on supervision, the law of the people's Republic of China on administrative sanctions against public officials (hereinafter referred to as the administrative sanctions law) and the criminal law of the people's Republic of China (hereinafter referred to as the criminal law). Article 23 the duty violations investigated by supervisory organs refer to the following illegal acts committed by public officials that are related to their duties and do not constitute a crime but should bear legal responsibility according to law: (1) Illegal acts committed by taking advantage of their functions and powers; (2) Illegal acts committed by taking advantage of the influence of his position; (3) Illegal acts of ineffective performance of duties and dereliction of duty; (4) Other violations of specific obligations related to the duties of public officials. Article 24 If a supervisory organ finds that a public official has committed other illegal acts and is under any of the following circumstances, it may investigate and deal with them according to law: (1) Exceeding the time limit for investigating administrative violations, or exceeding the time limit for prosecuting crimes, and failing to investigate criminal responsibility, but requiring administrative sanctions according to law; (2) Being investigated for administrative legal responsibility and requiring administrative sanctions according to law; (3) When investigating job-related violations or job-related crimes, the supervisory organ examines other illegal acts that are simple and clear about the facts committed by the investigated person and need to be given administrative sanctions according to law. If a supervisory organ finds that a public official has committed an illegal act specified in the preceding paragraph before becoming the object of supervision, it shall handle it in accordance with the provisions of the preceding paragraph. Article 25 the supervisory organ shall investigate the job-related crimes stipulated in Item 2 of Article 11 of the supervision law according to law. Article 26 the supervisory organs shall investigate the crimes of corruption and bribery according to law, including the crime of corruption, the crime of misappropriation of public funds, the crime of accepting bribes, the crime of accepting bribes by units, the crime of taking bribes by using influence, the crime of offering bribes to influential people, the crime of offering bribes to units, the crime of introducing bribes, the crime of offering bribes by units, the crime of unidentified sources of huge amounts of property, the crime of concealing overseas deposits, and the crime of privately dividing state-owned assets, The crime of privately dividing, punishing and confiscating property, as well as the crime of embezzlement, the crime of misappropriation of funds, the crime of offering bribes to foreign public officials and officials of public international organizations, the crime of accepting bribes by non-state staff and the related crime of offering bribes to non-state staff. Article 27 the supervisory organ shall investigate according to law the crimes of public officials suspected of abuse of power, including the crime of abuse of power, the crime of abuse of power by personnel of state-owned companies, enterprises and institutions, the crime of abuse of power of management companies and securities, the crime of dereliction of duty in food and drug supervision, the crime of deliberately divulging state secrets, the crime of retaliation and framing, and the crime of hindering the rescue of abducted and trafficked women and children, The crime of helping criminals evade punishment, the crime of illegally issuing forest cutting licenses, the crime of handling the entry-exit certificates of people who illegally cross the national (frontier) border, the crime of releasing people who illegally cross the national (frontier) border, the crime of misappropriating specific funds and materials, the crime of illegally depriving citizens of their freedom of religious belief, and the crime of violating

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