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ORDER
OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA
(No. 85)
The Law of the People's Republic of China on Administrative
Supervision,
adopted at the 25th Meeting of the Standing Committee of the
Eighth
National People's Congress of the People's Republic of China
on May 9,
1997, is hereby promulgated and shall enter into force as of
the date of
promulgation.
Jiang Zemin
President of the People's Republic of China
May 9, 1997
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON ADMINISTRATIVE
SUPERVISION
(Adopted at the 25th Meeting of the Standing Committee of
the Eighth
National People's Congress on May 9, 1997)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II SUPERVISORY ORGANS AND SUPERVISORS
CHAPTER III FUNCTIONS AND DUTIES OF SUPERVISORY ORGANS
CHAPTER IV JURISDICTION OF SUPERVISORY ORGANS
CHAPTER V PROCEDURE FOR SUPERVISION
CHAPTER VI LEGAL RESPONSIBILITY
CHAPTER VII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1 This Law is enacted in accordance with the
Constitution, in
order to strengthen the supervision, guarantee the smooth
implementation
of government decrees, maintain administrative discipline,
facilitate
the building of an honest and clean government, improve
administration
and raise administrative efficiency.
Article 2 Supervisory organs are organs that exercise the
function of
supervision on behalf of the people's governments,
supervising in
accordance with this Law administrative organs and public
servants of
the State and other persons appointed by administrative
organs of the
State.
Article 3 Supervisory organs shall exercise their functions
and powers
in accordance with law and shall be subject to no
interference from any
administrative departments, public organizations or
individuals.
Article 4 Supervision shall be enforced in adherence to the
principles
of seeking truth from facts, laying stress on evidence,
investigation
and study, and applying laws and rules of administrative
discipline to
people on an equal footing.
Article 5 In supervision, education shall be combined with
punishment,
and supervision and inspection shall be conducted for the
purpose of
improving work.
Article 6 Supervision shall be enforced by relying on the
general
public. Supervisory organs shall in stitute an informing
system, under
which all citizens shall have the right to bring to
supervisory organs
accusations or expositions against any administrative organs
or public
servants of the State or any persons appointed by State
administrative
organs that violate laws or are derelict in their duties.
CHAPTER II SUPERVISORY ORGANS AND SUPERVISORS
Article 7 The supervisory organ under the State Council
shall be in
charge of supervision throughout the country.
A supervisory organ of a local people's government at or
above the
county level shall be responsible for supervision in its
administrative
area, and shall be responsible and report its work to the
people's
government to which it belongs and to the supervisory organ
at the next
higher level. Supervision shall be enforced mainly under the
guidance of
the supervisory organ at a higher level.
Article 8 A supervisory organ of a people's government at or
above the
county level may, where necessary and with the approval of
the people's
government to which it belongs, have supervisory bodies or
supervisors
in departments under the government.
The supervisory bodies and supervisors dispatched by the
supervisory
organs shall be responsible and report their work to the
supervisory
organs that dispatch them.
Article 9 A supervisor shall abide by laws and observe rules
of
discipline, be faithful to their duties, enforce laws
impartially,
remain honest and upright and keep secrets.
Article 10 A supervisor shall be familiar with supervision
and shall
have received an appropriate education and acquired
sufficient
professional knowledge.
Article 11 The chief or deputy chief of a supervisory organ
of a local
people's government at or above the county level shall be
appointed or
dismissed from office with the consent of the supervisory
organ at the
next higher level before the decision on the appointment or
dismissal is
submitted for approval.
Article 12 A supervisory organ shall apply a system of
supervision over
the supervisors' performance of their official duties and
observance of
the rules of discipline.
Article 13 A supervisor, in performing his official duties
in accordance
with law, shall be protected by law.
No organization or individual may refuse to undergo
supervision, or
obstruct the supervisors' performance of their official
duties, or
retaliate against supervisors.
Article 14 A supervisor shall withdraw when he himself or
his close
relatives have an interest in the matter of supervision he
is handling.
CHAPTER III FUNCTIONS AND DUTIES OF SUPERVISORY ORGANS
Article 15 The supervisory organ under the State Council
shall exercise
supervision over the following government departments and
persons:
(1) the various departments under the State Council and the
public
servants of the State working in such departments;
(2) other persons appointed by the State Council and the
various
departments under it; and
(3) the people's governments of the provinces, autonomous
regions and
municipalities directly under the Central Government and the
leading
members of such governments.
Article 16 The supervisory organ of a local people's
government at or
above the county level shall exercise supervision over the
following
government departments and persons:
(1) the various departments under the people's government to
which it
belongs and the public servants of the State working in such
departments;
(2) other persons appointed by the people's government to
which it
belongs and by the various departments under this
government; and
(3) the people's government at the next lower level and its
leading
members.
The supervisory organ of the people's government of a
county, autonomous
county, city not divided into districts or a municipal
district shall,
in addition, exercise supervision over the public servants
of the State
working in the people's governments of townships,
nationality townships
and towns under the jurisdiction of the people's government
to which it
belongs as well as other persons appointed by the
governments of these
townships, nationality townships and towns.
Article 17 A supervisory organ at a higher level may handle
matters of
supervision that are under the supervision of a supervisory
organ at a
lower level and may, when necessary, handle such matters
that are under
the jurisdiction of the supervisory organs at the various
lower levels.
Where a dispute over jurisdiction arises between supervisory
organs, it
shall be settled by a supervisory organ at a higher level
above both the
disputing parties.
Article 18 A supervisory organ shall perform the following
duties in
order to fulfill its function of supervision:
(1) to inspect the problems of the administrative organs of
the State
that occur in the course of their observing and enforcing
laws and rules
and regulations as well as government decisions and decrees;
(2) to accept and handle accusations and expositions against
administrative organs or public servants of the State or
other persons
appointed by such organs that violate rules of
administrative
discipline;
(3) to investigate and handle violations of rules of
administrative
discipline committed by administrative organs or public
servants of the
State or other persons appointed by such organs;
(4) to accept and handle complaints presented by public
servants of the
State or other persons appointed by administrative organs of
the State
who refuse to accept decisions on administrative sanctions
made by the
competent administrative organs, and other complaints to be
accepted and
handled by supervisory organs as prescribed by laws and
administrative
rules and regulations; and
(5) to perform other duties as prescribed by laws and
administrative
rules and regulations.
CHAPTER IV JURISDICTION OF SUPERVISORY ORGANS
Article 19 A supervisory organ shall have the right to take
the
following measures to perform its official duties:
(1) to require the departments and persons under supervision
to provide
documents, data, financial accounts and other materials
relevant to the
matters under supervision for examination and duplication;
(2) to require the departments and persons under supervision
to explain
or clarify questions concerning the matters under
supervision; and
(3) to order the departments and persons under supervision
to cease
violating laws, rules and regulations and rules of
administrative
discipline.
Article 20 In investigating violations of the rules of
administrative
discipline, a supervisory organ may adopt the following
measures in
light of actual conditions and needs:
(1) to temporarily seize and seal up documents, data,
financial accounts
and other relevant materials which may be used as proof of
violations of
the rules of administrative discipline;
(2) to order the units and persons suspected of being
involved in a case
not to sell off or transfer any property relevant to the
case during the
period of investigation;
(3) to order the persons suspected of violating the rules of
administrative discipline to explain and clarify questions
relevant to
the matters under investigation at a designated time and
place; however,
no such persons may be taken into custody or detained in
disguised form;
and
(4) to propose to the competent authorities that they
suspend the
persons suspected of seriously violating the rules of
administrative
discipline from execution of their official duties.
Article 21 In investigating violations of the rules of
administrative
discipline, such as graft, bribery and misappropriation of
public funds,
a supervisory organ may inquire about the deposits of the
suspected
units and persons at banks or other banking institutions,
with the
approval of the leading members of a supervisory organ at or
above the
county level. When necessary, it may request the People's
Court to adopt
preservation measures to freeze the deposits of such persons
at banks or
other banking institutions in accordance with law.
Article 22 In handling cases of violating the rules of
administrative
discipline, a supervisory organ may request the authorities
of public
security, auditing, taxation and the Customs, the
administrative
departments for industry and commerce and other authorities
to extend
assistance.
Article 23 A supervisory organ may, on the basis of findings
from
examinations and investigations, make a supervisory
recommendation under
any of the following situations;
(1) Where the parties concerned refuse to enforce the laws
or rules and
regulations or violate the laws or rules and regulations as
well as the
decisions or decrees of the people's government, which
should be set
right;
(2) Where the decisions, decrees or instructions issued by
departments
under the people's government to which it belongs or by the
people's
governments at lower levels contravene the laws or rules and
regulations
or State policies and should be modified or revoked;
(3) Where the interests of the State or the collective or
the lawful
rights and interests of citizens are impaired and remedial
measures need
be taken;
(4) Where decisions on employment, appointment, dismissal
from office,
reward or punishment are obviously inappropriate and should
be
rectified;
(5) Where the parties concerned should be given
administrative penalties
in accordance with relevant laws or rules and regulations;
or
(6) Other situations for which a supervisory recommendation
is needed.
Article 24 A supervisory organ may, on the basis of findings
from
examinations and investigations, make a supervisory decision
or
recommendation under any of the following situations:
(1) Where the parties concerned violate the rules of
administrative
discipline and should be given administrative sanctions in
accordance
with law, such as administrative warning, the recording of a
demerit,
the recording of a major demerit, demotion, dismissal from
office or
discharge; or
(2) Where the parties concerned take money or property in
violation of
the rules of administrative discipline, which should be
confiscated,
recovered, or returned or compensated under orders.
A supervisory decision or recommendation for the situation
mentioned in
sub-paragraph (1) of the preceding paragraph shall be made
in accordance
with the State regulations on the limits of authority and
procedure for
personnel management.
Article 25 A supervisory decision made by a supervisory
organ in
accordance with law shall be implemented by the departments
and persons
concerned. A supervisory recommendation made by a
supervisory organ in
accordance with law shall be adopted by the departments
concerned,
unless they have justifiable reasons not to do so.
Article 26 A supervisory organ shall have the right to
inquire of the
units and individuals involved in the matters under
supervision.
Article 27 Leading members of a supervisory organ may attend
as
observers relevant meetings of the people's government to
which it
belongs, and supervisors may attend as observers meetings
concerning the
matters under supervision held by the departments under
supervision.
Article 28 A supervisory organ may, in accordance with
relevant
regulations, award the persons who have rendered meritorious
services in
accusing or exposing serious violations of laws and the
rules of
discipline.
CHAPTER V PROCEDURE FOR SUPERVISION
Article 29 A supervisory organ shall conduct inspection in
accordance
with the following procedure:
(1) to register the matters that need inspection;
(2) to formulate plans for inspection and organize their
implementation;
(3) to submit reports on the results of inspection to the
people's
government to which it belongs or the supervisory organ at a
higher
level; and
(4) to make a supervisory decision or recommendation, on the
basis of
the findings from inspection.
For the registration of a consequential matter for
inspection, a
supervisory organ shall report the matter to the people's
government to
which it belongs and the supervisory organ at the next
higher level for
the record.
Article 30 A supervisory organ shall investigate and handle
violations
of the rules of administrative discipline in accordance with
the
following procedure:
(1) to conduct preliminary examination of the matters that
require
investigation and handling, and to register the matters for
which it
believes that there are facts to prove the violations of the
rules of
administrative discipline and that the parties concerned
should be
investigated for their responsibility for violating the
rules of
administrative discipline;
(2) to make arrangements for investigation to collect
relevant evidence;
(3) to handle cases for which there is evidence to prove the
violation
of the rules of administrative discipline and the parties
concerned
should be given administrative sanctions or handled
otherwise; and
(4) to make a supervisory decision or recommendation.
For the registration of a consequential and complicated
case, a
supervisory organ shall report the matter to the people's
government to
which it belongs and the supervisory organ at the next
higher level for
the record.
Article 31 Where through investigation into a registered
case the
supervisory organ believes that there are no facts to prove
the
violation of the rules of administrative discipline or that
there is no
need to investigate the parties concerned for their
responsibility for
violation of the rules of administrative discipline, it
shall quash the
case and notify the investigated units and the authorities
above them or
the investigated persons and their units of the matter.
For the quashing of a consequential and complicated case, a
supervisory
organ shall report the matter to the people's government to
which it
belongs and to the supervisory organ at the next higher
level for the
record.
Article 32 A case registered by a supervisory organ for
investigation
shall be closed within six months from the date of
registration. Where
the period for handling a case need be extended due to
special reasons,
it may be extended appropriately, but it may not exceed one
year at the
maximum. And the matter shall be reported to the supervisory
organ at
the next higher level for the record.
Article 33 A supervisory organ shall, in the course of
inspection and
investigation, hear the statements and explanations made by
the
departments or persons under supervision.
Article 34 Major supervisory decisions and recommendations
made by a
supervisory organ shall be submitted to the people's
government to which
it belongs and to the supervisory organ at the next higher
level for
consent. Major supervisory decisions and recommendations
made by the
supervisory organ under the State Council shall be submitted
to the
State Council for consent.
Article 35 Supervisory decisions or recommendations shall be
delivered
in writing to the units or persons concerned.
Article 36 The units or persons concerned shall notify the
supervisory
organ within 30 days from the date of receiving the
supervisory decision
or recommendation of how such decision has been implemented
or of how
such recommendation has been dealt with.
Article 37 Where a public servant of the State or any other
person
appointed by an administrative organ of the State refuses to
accept a
decision made by the competent administrative organ on
imposing
administrative sanctions on him, he may lodge a complaint to
the
supervisory organ within 30 days from the date of receiving
such
decision. The supervisory organ on its part shall, within 30
days from
the date of receiving the complaint, make a decision after
review of the
decision. If he still refuses to accept the decision made
after the
review, he may, within 30 days from the date of receiving
the decision,
apply to the supervisory organ at the next higher level for
check. The
supervisory organ at the next higher level shall, within 60
days from
the date of receiving the application, make a decision after
checking
the decision.
During the period of review or check, implementation of the
decision
originally made shall not be suspended.
Article 38 If, after the review conducted upon receiving the
complaint
against the decision made by the competent administrative
organ on
imposing administrative sanctions, the supervisory organ
believes that
the original decision is inappropriate, it may propose to
the organ that
made the decision to modify or revoke its decision; it may
also, within
the scope of its functions and powers, directly decide to
modify or
revoke such decision.
Complaints about other matters to be accepted and handled by
supervisory
organs, as provided for by laws and administrative rules and
regulations, shall be governed by such laws and
administrative rules and
regulations.
Article 39 Whoever refuses to accept a supervisory decision
may, within
30 days from the date or receiving the decision, apply to
the organ that
made the decision for reexamination; the supervisory organ
on its part
shall, within 30 days from the date of receiving the
application for
reexamination, make a decision after reexamination. If he
still refuses
to accept the decision made after reexamination, he may,
within 30 days
from the date of receiving the decision, apply to the
supervisory organ
at the next higher level for check, which shall, within 60
days from the
date of receiving the application for check, make a decision
after the
check.
During the period of reexamination or check, implementation
of the
decision originally made shall not be suspended.
Article 40 Where a supervisory organ at a higher level
considers a
supervisory decision made by a supervisory organ at a lower
level
inappropriate, the former may instruct the latter to modify
or revoke
this decision or, when necessary, the former may also
directly decide to
modify or revoke the decision.
Article 41 The decisions made by a supervisory organ at a
higher level
after check and the decisions made by the supervisory organ
under the
State Council after review or reexamination shall be final.
Article 42 Whoever has any objections to a supervisory
recommendation
may, within 30 days from the date of receiving the
recommendation, raise
his objections to the supervisory organ that made the
recommendation,
the supervisory organ on its part shall, within 30 days from
the date of
receiving the objections, give a reply. If he still has
objections to
the reply, the supervisory organ shall submit the matter to
the people's
government to which it belongs or to the supervisory organ
at the next
higher level for a decision.
Article 43 Where a supervisory organ, in the course of
handling matters
under supervision, finds that the matters under
investigation do not
fall within the scope of functions and duties of the
supervisory organ,
it shall transfer them to the unit that has the authority to
handle
them. In the case of a criminal suspect, the matter shall be
transferred
to a judicial organ, which shall handle the case according
to law.
The unit or organ that accepts the matter transferred shall
notify the
said supervisory organ of how the matter is handled.
CHAPTER VI LEGAL RESPONSIBILITY
Article 44 Where departments or persons under supervision
violate the
provisions of this Law by committing any of the following
acts, the
competent authorities or supervisory organ shall order them
to mend
their ways and circulate a notice of criticism against the
departments
and shall, in accordance with law, impose administrative
sanctions on
the persons who are directly in charge and the other persons
who are
directly responsible for the violation:
(1) to withhold the truth, provide false evidence or
conceal, transfer,
alter or destroy evidence;
(2) to deliberately delay providing documents, data,
financial accounts
or other materials or information relevant to the matters
under
supervision or refuse to provide them;
(3) to sell off or transfer suspect property during the
period of
investigation;
(4) to refuse to explain or clarify the questions raised by
the
supervisory organ;
(5) to refuse to implement the supervisory decision or
refuse to adopt
the supervisory recommendation without justifiable reasons;
or
(6) to have committed any other acts in violation of the
provisions of
this Law, where the circumstances are serious.
Article 45 Whoever retaliates against or frames up any
complainants,
accusers, exposers or supervisors shall be given
administrative
sanctions in accordance with law; if the act constitutes a
crime, he
shall be investigated for criminal responsibility in
accordance with
law.
Article 46 If a supervisor abuses his power, commits
malpractices for
selfish ends, neglects his duties or divulges secrets, he
shall be given
administrative sanctions in accordance with law; if his act
constitutes
a crime, he shall be investigated for criminal
responsibility in
accordance with law.
Article 47 If a supervisory organ or supervisor exercises
its or his
functions and powers in violation of laws, infringing upon
the lawful
rights and interests of a citizen, legal person or any other
organization and thus causing damage thereto, it or he shall
make
compensation in accordance with law.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 48 This Law shall become effective as of the date of
its
promulgation. The Regulations of the People's Republic of
China on
Administrative Supervision promulgated by the State Council
on December
9, 1990 shall be repealed at the same time.
|
Order
of the State Council of the People's Republic of China
(No. 419)
The Implementing Regulation for the Law of the People's
Republic of China on Administrative Supervision was adopted
at the 63th executive meeting of the State Council on
September 6, 2004. It is hereby promulgated and shall be
implemented as of October 1, 2004.
Premier Wen Jiabao
September 17, 2004
Implementing Regulation for the Law of the People's Republic
of China on Administrative Supervision
Chapter I General Provisions
Article 1 The present Regulation is formulated in accordance
with the Law of the People's Republic of China on
Administrative Supervision (hereinafter referred to as the
LAS).
Article 2 The LAC and the present Regulation shall apply to
the state administrative organs, organizations with the
functions of managing public affairs as authorized in the
laws and regulations, and institutions authorized by the
state administrative organs in accordance with the law and
their personnel other than the logistic workers.
The "other persons appointed by administrative organs of the
State" as mentioned in Article 2 of the LAS refers to the
persons accredited or dispatched by the state administrative
organs to the enterprises, public institutions and social
groups.
Article 3 A supervisory organ shall establish a system for
keeping secret. It shall keep the relevant information of
the informers confidential. It is strictly forbidden to
divulge to the entities where the informer works or person
against whom the accusation is filed the identity of the
informer, the reporting materials or the information of the
informer.
A supervisory organ may offer rewards to the persons who
have rendered meritorious services in accusing or exposing
serious violations of laws and the rules of discipline. The
conditions and criterions shall be formulated by the
supervisory organ jointly with the finance department of the
people's government at the same level.
Article 4 A supervisory organ may, where it is necessary,
hire specially-invited supervisors from the state
administrative organs, enterprises, public institutions and
social groups.
Article 5 The funds for a supervisory organ to perform its
duties shall be listed into the fiscal budget at the same
level.
Chapter II Dispatched Supervisory Institutions and
Supervisors
Article 6 The supervisory institutions or supervisors
dispatched by a supervisory organ shall be responsible for
this supervisory organ, shall report the information about
their work thereto and shall be subject to the uniform
management thereof.
In a state administrative organ under vertical management, a
supervisory institution dispatched by the supervisory organ
therein may, where it is necessary, dispatched supervisory
institutions or supervisors to the subordinate
administrative institutions.
Article 7 A dispatched supervisory institution or supervisor
shall perform the following duties:
(1) Checking the problems that arise when the departments
under supervision abide by and execute the laws,
regulations, and decisions or orders of the people's
government;
(2) Accepting the accusations or reports against the
departments and persons under supervision who violate the
administrative disciplines;
(3) Investigating into and punishing the departments and
persons under supervision who violate the administrative
disciplines;
(4) Accepting the appeals of the persons under supervision
who refuse to accept the administration sanction decisions
or administration sanction review decisions;
(5) Accepting the appeals of the persons under supervision
who refuse to accept the supervision decisions;
(6) Urging the departments under supervision to establish
rules and regulations regarding the clean government and
diligent government; and
(7) Handling other matters assigned by the supervisory
organ.
Article 8 A supervisory institution or supervisor dispatched
by a supervisory organ shall exercise the same functions as
the dispatching supervisory organ. However, the supervisory
institutions or supervisors dispatched by the local
supervisory organs of all levels, or the supervisory
institutions or supervisors dispatched in the subordinate
administrative institutions by the supervisions institution
dispatched in a state administrative organ under vertical
management shall be subject to the approval of the
dispatching supervisory organ or institution before
exercising the functions as stipulated in Articles 20 and 21
of the LAS.
Article 9 The same procedures for the supervisory organs in
performing the duties shall apply to the supervisory
institutions or supervisors in their performance of duties.
Chapter III Powers of Supervisory Organs
Article 10 For the purpose of performing the duties, a
supervisory organ shall have the power to demand the
departments and persons under supervision to fully and
faithfully provide the documents, data, financial accounts
and other materials relating to the matters under
supervision.
Article 11 When a supervisory organ investigates into an act
in violation of the administrative disciplines, it may
temporarily detain or seal up the documents, data, financial
accounts and other relevant materials that can prove the act
in violation of the administrative disciplines. When doing
so, it shall issue a supervision notice to the holders of
the said documents, data, financial accounts and other
materials, shall prepare a checklist for the materials
detained or sealed up and have all parties concerned verify
it and put their signatures on it.
The supervisory organ shall properly preserve the
temporarily detained or sealed-up documents, data, financial
accounts and other relevant materials. It shall not destroy
any of them, or use them for other purposes.
Article 12 As for the following properties involved in a
case, the supervisory organ has the power to order the
suspected entities or persons to keep them properly, and to
forbid them from destroying, selling off and transferring
them:
(1) The properties that can prove the circumstances of the
case;
(2) The properties that are suspected of being obtained by
violating the administrative disciplines; and
(3) The properties sold off or transferred to others that
are likely to affect the investigation and punishment of the
case.
When a supervisory organ investigates into a case of
corruption, bribery, appropriation of public money or any
other act in violation of the administrative disciplines,
upon approval of the leader of the supervisory organ of the
people's governments at the county level or above, it may
temporarily detain the properties relating to the
corruption, bribe or appropriation of public money.
When the supervisory organ take the measures as mentioned in
the preceding two paragraphs, it shall issue a supervision
notice, shall prepare a checklist for the pertinent
properties and have all parties concerned verify it and put
their signatures on it.
Article 13 Before a supervisory organ takes any measure as
mentioned in Article 20 (4) of the LAS, it shall be subject
to the approval of the leader of the supervisory organ of
the people's government at the county level or above.
If, upon investigation, a person violating the
administrative disciplines is suspected of being involved in
any crime, the supervisory organ shall timely transfer the
case to the judicial organ for treatment in accordance with
the law.
Article 14 The sentence "they suspend the persons suspected
of seriously violating the administrative disciplines from
execution of their official duties" as mentioned in Article
20 (4) in the LAS means that being suggested by the
supervisory organ, the competent authorities suspend the
persons suspected of seriously violating the administrative
disciplines from executing their official duties".
The supervisory organ may suggest suspending the execution
of official duties under any of the following circumstances:
(1) If the persons suspected of seriously violating the
administrative disciplines continue to execute their
official duties, they will cause bad consequences or will
result in damage to the work;
(2) The persons suspected of seriously violating the
administrative disciplines obstruct, interfere with or
destroy the investigations into the case, or treat, lure by
promise of gain or retaliate the accuser, informer, witness
or case-handling person.
When the supervisory organ suggests suspending the execution
of the official duties, it shall prepare a supervision
notice and serve it on the competent authorities, which
shall decide, within 3 days, whether to suspend the
execution of the official duties.
If, upon investigation and verification, there is no
evidence to support the violation of administrative
disciplines, or if it is unnecessary to give the relevant
persons an administrative sanction such as removing them
from their posts or heavier, the supervisory organ shall,
within 3 days after it withdraws the case or makes a
decision of administrative sanction, inform the competent
authorities, in a written form, to lift the measure of
suspending the execution of official duties, and shall make
an announcement in the pertinent areas.
Article 15 The term "competent authorities" as mentioned in
Article 20 of the LAS refers to the organs that are
empowered to decide to suspend the persons suspected of
seriously violating the administrative disciplines from
executing their official duties. Among them, the suspending
of the persons appointed by the National People's Congress
and its Standing Committee officials from executing their
official duties shall be subject to the decision of the
State Council; the suspending of the persons elected by the
standing committees of the local people's congress at all
levels from executing their official duties shall be subject
to people's governments at the next higher level; as for the
persons appointed by the standing committees of the local
people's congress at all levels, except that the suspending
of the deputy provincial governors, deputy chairmen of
autonomous regions, deputy mayors, deputy prefecture chiefs,
deputy county chiefs and deputy district heads from
executing their official duties shall be subject to the
decision of the people's government at the next higher
level, while the suspending of other persons from executing
their official duties shall be subject to the decision of
the people's governments at the same level. The suspending
of the persons other than those aforesaid from executing
their official duties shall be subject to the decision of
the appointment and dismissal organs.
Article 16 Where a supervisory organ takes any of the
measures as mentioned in Articles 19 through 21 of the LAS,
it shall timely lift it after the conditions to take such a
measure disappear.
Article 17 When a supervisory organ handles a case involving
violation of law and disciplines, it may propose and request
the public security organ or judicial administrative
department to assist it if:
(1) it is necessary to investigate and obtain evidence from
the criminal suspects under custody or criminals being
subject to criminal penalties;
(2) it is necessary to obstruct the persons involved in the
case to leave China; or
(3) it is necessary to help collect, examine, judge or
determine proofs.
Article 18 When a supervisory organ handles a case involving
violation of law and disciplines, it may request, it may
propose and request the audit organ to assist it if:
(1) it is necessary to investigate into and ascertain the
finance and financial gains and expenses of relevant
entities by way of audit; or
(2) it is necessary to assist the investigation for
obtaining proofs.
Article 19 When a supervisory organ handles a case involving
violation of law and disciplines, it may request, it may
propose and request the organs of tax, customs, industry and
commerce, quality supervision, inspection and quarantine to
assist it if:
(1) it is necessary to assist the investigation for
obtaining proofs; or
(2) it is necessary to help to collect, examine, judge or
determine proofs.
Article 20 When a supervisory organ proposes and requests
the public security, judicial administrative, tax, customs,
industry and commerce, and quality supervision, inspection
and quarantine organs to assist it, it shall issue a letter
to request for assistance, in which it shall specify the
matters needing assistance and the requirements thereof.
The organs requested for assistance shall, according to the
assistance matters and requirements of the supervisory
organ, assist it within their respective functions.
Article 21 The expression "Where the decisions, decrees or
instructions issued by departments under the people's
government to which it belongs or by the people's
governments at lower levels contravene the laws or rules and
regulations or State policies and should be modified or
revoked" as described in Article 23 (2) of the LAS refers to
the following circumstances:
(1) The contents of the decisions, decrees or instructions
are contradictory to the laws, regulations and rules;
(2) The issuance of the decisions, decrees or instructions
is beyond the statutory functions or is in violation of the
procedures as provided in the laws, regulations and rules.
Article 22 The term "remedial measures" as mentioned in
Article 23 (3) of the LAS refers to the remedies such as
eliminating ill effects, rehabilitate reputation, making
apologies, making compensations, etc.
Article 23 The expression "Where decisions on employment,
appointment, dismissal from office, reward or punishment are
obviously inappropriate and should be rectified" as
described in Article 23 (4) of the LAS refers to the
following circumstances:
(1) The persons employed or appointed don't meet the
requirements for their positions, or don't meet the
provisions on avoidance of taking the positions;
(2) Making decisions of employment, appointment, dismissal,
award and punishment by exceeding the power or by violating
the procedure; or
(3) The award is apparently improper or the punishment is
too lenient or too severe.
Article 24 Where a supervisory organ makes a supervisory
decision of administrative sanction to the persons under
supervision, it shall comply with the following provisions:
(1) With regard to the leaders appointed by the people's
congress at the same level and its standing committee to all
departments of the people's government at the same level and
the leaders of the people's governments elected or appointed
by people's congress at the next lower level and its
standing committee, if the supervisory organ decides to give
any of them a sanction such as a warning, demerit recording,
severe demerit recording or degradation, it shall submit a
sanction proposal to the people's government at the same
level. Upon approval of the people's government at the same
level, the supervisory organ shall distribute a supervision
decision. If the supervisory organ decides to remove him
from his position or expulse him, the people's government at
the same level or the people's government at the next lower
level shall first propose the people's congress at the same
level to remove him from his position, or after it proposes
the standing committee of the people's congress at the same
level to remove him from his position, the supervisory organ
shall distribute a supervision decision;
(2) With regard to the persons appointed by the people's
government at the same level, if the supervisory organ
decides to give any of them a sanction such as a warning,
demerit recording, severe demerit recording or degradation,
it shall report to the people's government at the same level
for record. If the supervisory organ decides to remove him
from his position or expulse him, it shall submit a sanction
proposal to the people's government at the same level, upon
approval thereof, the supervision organ shall distribute a
supervision decision;
(3) With regard to the persons appointed by the people's
government at the same level and its subordinate
departments, and the people's government at the next level
and its subordinate departments, if the supervisory organ
decides to give any of them an administrative sanction, it
may directly make supervision decision. If the supervision
organ of the people's government at the county level is
going to give an expulsion sanction to a person under
supervision, it shall report to the people's government at
the county level for approval.
Article 25 After the supervisory organ makes a decision to
give a person violating the administrative disciplines an
administrative sanction, the personnel department of the
people's government or other pertinent departments shall
execute the decision according to the power of personnel
management and handle the pertinent formalities for
administrative sanction.
The personnel department of the people's government or other
pertinent departments shall put the supervision decision
made by the supervisory organ and the materials relating to
the execution and handling of the decision into the archives
of the person sanctioned, and shall make an announcement
within an appropriate area.
Article 26 With regard to the money and property obtained by
a person by violating the administrative disciplines, the
supervisory organ shall, according to the result of
inspection and investigation, make a supervision decision to
confiscate, demand or order the person to return the
aforesaid money and property except that the money and
property shall, in accordance with the law be confiscated,
demanded or ordered to return by other organs.
Article 27 The pertinent entities and persons shall adopt
the supervision proposals put forward by a supervision organ
in accordance with the law, but any of them may raise an
objection if it (he) believes a supervision proposal is
under any of the following circumstances:
(1) The factual basis doesn't exist or there is no
sufficient evidence;
(2) The application of law, regulation or rule is wrong;
(3) The procedure is illegal; or
(4) The matters involved in the case are beyond the scope of
statutory duties of the proposed entity or person.
The supervision organ shall examine the objection raised by
the entity or person. If it considers that the objection is
well justified, it shall withdraw the supervision proposal;
if it considers that objection is not justified, it shall
inform, in written form, the entity or person to execute the
original supervision proposal.
Chapter IV Supervision Procedures
Article 28 The matters subject to inspection under
administrative supervision shall be determined by the
supervision organ according to the arrangements and
requirements of the people's government at the same level or
of the supervision organ at the next higher level.
The term "key inspection matters" as mentioned in the second
paragraph of Article 29 of the LAS refers to the inspection
matters, which are determined according to the arrangements
and requirements of the people's government at the same
level or of the supervision organ at the next higher level,
or which the supervision organ considers of important
effects on this administrative area.
Article 29 The preliminary inspection over a violation of
administrative disciplines shall be subject to the approval
of the leader of the supervisory organ. After the
preliminary inspection, a report shall be submitted to the
leader of the supervisory organ. If the violation of
administrative disciplines is supported by facts and it must
render the violator subject to the liabilities of
administrative disciplines, the case shall, upon approval of
the leader of the supervisory organ, be accepted.
Article 30 The term "a key and complicated case" as
mentioned in the second paragraph of Article 30 and the
second paragraph of Article 31 of the LAS refers to any of
the following cases:
(1) A department subordinate to the people's government at
the same level or the people's government at the next lower
level violates the law or discipline;
(2) It must remove a leader of a department subordinate to
the people's government at the same level or a leader of the
people's government at the next lower level from his post or
impose a severer sanction upon him;
(3) Having quite bad effects on the society; or
(4) Involving any foreign element.
Article 31 If the supervisory organ decides to accept a case
for investigation, it shall inform the superior
administrative organ of the entity under investigation, or
the entity where the person under investigation works, but
if it is likely to affect the investigation after such a
notification is made, it isn't required to do so for the
time being.
After the supervisory organ has notified the parties
concerned that the case has been accepted, without the
consent thereof, the superior administrative organ of the
entity where the person under investigation works or the
entity where the person under investigation works shall not
approve the investigated person's leaving China, resigning
from his job, going through the retirement formalities,
being transferred to another post, being promoted from his
previous post, being awarded or being punished.
Article 32 When the supervisory organ conducts an
investigation for obtaining evidence, it shall assign two or
more persons to do so and the investigating persons shall
show their certificates to the entity or person under
investigation.
Article 33 Where a supervisor responsible for handling the
matters under supervision is under any of the following
circumstances, he shall withdraw on his own initiative, and
the person under supervision, or the citizens, legal persons
or any other organization shall be entitled to demand him to
withdraw as well:
(1) He is a close relative of the person under supervision;
(2) He is an interested party to the matters under
supervision; or
(3) There is any other connection between him and the
matters under supervision, which may affect the fair
settlement of the matters under supervision.
The withdrawal of a leader of the supervisory organ shall be
decided by the leaders of the people's government at the
same level or by the leaders of the superior supervisory
organ. The withdrawal of other supervisors shall be decided
by the leaders of the supervisory organ at the same level.
Where the people's government at the same level or the
superior supervisory organ finds that a supervisor is under
any of the circumstances of withdrawal, it may directly
decides his withdrawal.
Article 34 If the supervisory organ fails to conduct an
investigation because the person involved in the case has
left China or is missing, or because of serious natural
disaster or any other force majeure, it may suspend the
investigation.
The suspension of investigation shall be subject to the
approval of the leaders of the supervisory organ shall be
reported to the superior supervisory organ for archival
purposes. After the suspending of the investigation into a
case is recorded by the people's government at the same
level, a report shall be submitted to the people's
government at the same level for archival purposes. After
the conditions for suspending the investigation into a case
disappear, the supervisory organ shall resume the
investigation. From the date of resumption of investigation,
the time limit for handling the case shall be calculated
continuously.
Article 35 As for a case accepted by the supervisory organ
for investigation, the time limit for handling the case
shall be calculated from the day the case is accepted to the
day when a supervision decision is made or when a
supervision proposal is raised.
If it is found, in the course of investigation, that a
person under investigation has any new violation of the
administrative disciplines, the time limit for handling the
case shall be recalculated from the day when the new
violation is found.
Article 36 The term "special reasons" as mentioned in
Article 32 of the LAS refers to the following circumstances:
(1) The case occurs in a remote area with convenient
traffic;
(2) The case involves many persons and aspects and it is
difficult to obtain evidence; and
(3) It is necessary to request the competent organ to
interpret or confirm the laws, regulations and rules
applicable to the case.
Article 37 The "important supervision decisions and
proposals" as mentioned in Article 34 of the LAS refer to
the supervision decisions made or important supervision
proposals raised by a supervisory organ in handling
important inspection matters and key or complicated cases.
An important supervision decision or proposal shall be
reported to the people's government at the same level and
the superior supervision organ for consent. If there is any
disparity between the opinions of the people's government
and those of the superior supervision organ, the superior
supervisory organ shall report to the people's government at
the same level for making a decision.
Article 38 A supervision decision shall come into effect
from the day when it is made; if it is subject to approval,
it shall come into effect as of the date of approval.
A supervisory organ may directly serve the supervision
decisions and proposals on the pertinent entities and
persons, or may authorize any other supervisory organ to do
so. The date as shown on the certificate of receipt signed
by the addressee shall be date of service. If the addressee
refuses to accept the decision or proposal or refuses to
sign or affix his seal to the certificate of receipt, the
deliverer shall invite the persons of the entity, where the
addressee works, to appear to witness the circumstances on
the spot, then specify the refusal reasons and date on the
certificate of receipt, have the deliverer and witnesses
sign their names or affix their seals to the certificate of
receipt, finally leave the supervision decision or proposal
at the domicile or entity of the addressee, the service
shall be deemed successful.
Article 39 Anyone who objects to the decision of
administrative sanction or decision to review an
administrative sanction made by the competent administrative
organ may appeal to the supervisory organ at the same level
of the competent administrative organ.
Article 40 When a supervision organ reviews an appeal case,
if it believes that the previous decision is based on clear
facts and exact evidence, the application of laws,
regulations and rules is correct, the determination of the
nature of the case is accurate, the case is settled
appropriately and the procedure is legal, it shall affirm
the decision.
Article 41 When a supervisory organ reviews an appeal case,
if it believes the previous decision is under any of the
following circumstances, it may, with the scope of its
functions, directly change or propose the original
decision-making organ to change the previous decision; where
the superior supervisory organ holds that a supervision
decision made by an inferior supervisory organ is under any
of the following circumstances, it may directly change or
order the inferior supervisory organ to change the previous
decision:
(1) The application of law, regulation or rule is wrong;
(2) The determination of the circumstance of the act in
violation of the laws or disciplines is wrong; or
(3) The case is handled improperly.
Article 42 Where a supervisory organ review an appeal case,
if it believes the previous decision is under any of the
following circumstances, it may, within its scope of
functions, directly revoke or propose the original
decision-making organ to revoke it. After it decides to
revoke the previous decision, it shall remand it to the
original decision-making organ to make a new decision; if a
superior supervision considers that a supervision decision
made by its inferior supervision organ is under any of the
following circumstances, it may directly revoke or order the
inferior supervision organ to revoke it. After it decides to
revoke the previous decision, it shall order the inferior
supervision organ to make a new decision:
(1) There is no fact or not enough evidence to support the
violation of laws and disciplines;
(2) Violating the legal procedure, affecting the fair
handling of the case; or
(3) Exceeding or abusing one's power.
Article 43 When a supervisory organ transfers a case, it
shall prepare a case transference notice.
The entity, which accepts the transferred case, shall inform
the supervisory organ of the handling result according to
the requirements as specified in the case transference
notice of the supervisory organ.
Chapter V Supplementary Provisions
Article 44 The present Regulation shall be implemented as of
October 1, 2004. |
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