15
2018
-
05
The People's Republic of China Supervision Law
Author:
Administrative Office
the People's Republic of China Supervision Law
Chapter I General Provisions
Article 1 In order to deepen the reform of the national supervision system, strengthen the supervision of all public officials exercising public power, realize the comprehensive coverage of national supervision, carry out in-depth anti-corruption work, and promote the modernization of the national governance system and governance capabilities, this law is formulated in accordance with the Constitution.
Article 2 Adhere to the leadership of the Communist Party of China in the supervision of the state, guided by Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents", the scientific development concept, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and build a centralized and unified, Authoritative and efficient national supervision system with Chinese characteristics.
Article 3 Supervisory committees at all levels are the special organs that exercise the supervisory functions of the state. In accordance with this law, they supervise all public officials (hereinafter referred to as public officials) who exercise public power, investigate duty violations and duty crimes, and carry out clean government construction and anti-corruption work, To safeguard the dignity of the Constitution and the law.
Article 4 The Supervisory Committee shall exercise its supervisory power independently in accordance with the provisions of the law, and shall not be subject to interference by administrative organs, social organizations or individuals.
Supervisory organs shall cooperate with judicial organs, procuratorial organs and law enforcement departments in handling cases of job-related violations and job-related crimes.
Where a supervisory organ needs assistance in its work, the relevant organs and units shall provide assistance in accordance with the law as required by the supervisory organ.
Article 5 The state supervision work shall strictly abide by the Constitution and laws, take facts as the basis, and take the law as the criterion; all laws shall be applied equally to protect the legitimate rights and interests of the parties; rights and responsibilities shall be equal, and strict supervision shall be carried out; punishment and education shall be combined, and leniency and strictness shall be combined.
Article 6 The state supervision work adheres to both symptoms and root causes, comprehensive management, strengthens supervision and accountability, and severely punishes corruption; deepens reforms, improves the rule of law, and effectively restricts and supervises power; strengthens legal education and moral education, promotes the excellent traditional Chinese culture, and builds a dare A long-term mechanism that cannot be corrupted, and does not want to be corrupted.
Chapter II Supervisory Organs and Their Duties
Article 7 The the People's Republic of China State Supervisory Commission shall be the highest supervisory organ. Provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall establish supervisory committees.
Article 8 The State Supervisory Commission shall be formed by the National People's Congress and shall be responsible for supervisory work throughout the country.
The National Supervisory Commission is composed of a director, a number of deputy directors, and a number of members. The director is elected by the National People's Congress, and the deputy directors and members are appointed and removed by the Standing Committee of the National People's Congress at the request of the director of the National Supervisory Commission.
The term of office of the director of the State Supervisory Commission is the same as that of the National People's Congress, and he shall not serve more than two consecutive terms.
The National Supervisory Commission is responsible to the National People's Congress and its Standing Committee and is subject to their supervision.
Article 9 The local supervisory committees at various levels shall be formed by the people's congresses at the corresponding levels and shall be responsible for the supervisory work within their respective administrative areas.
Local supervisory committees at all levels are composed of a chairman, a number of deputy directors, and a number of members. The chairman is elected by the people's congress at the corresponding level, and the deputy directors and members are appointed and removed by the standing committee of the people's congress at the corresponding level.
The term of office of the directors of the local supervisory committees at all levels is the same as that of the people's congress at the corresponding level.
The local supervisory committees at all levels are responsible to the people's congresses at the corresponding levels and their standing committees and the supervisory committees at the next higher level, and accept their supervision.
Article 10 The State Supervisory Commission shall lead the work of the local supervisory committees at all levels, and the supervisory committees at higher levels shall lead the work of the supervisory committees at lower levels.
Article 11 The Supervisory Committee shall perform the duties of supervision, investigation and disposal in accordance with the provisions of this Law and relevant laws:
(I) carry out clean government education for public officials, and supervise and inspect their performance of duties in accordance with the law, fair use of power, honest political practice, and ethics;
(II) investigations into job-related violations and job-related crimes such as corruption and bribery, abuse of power, dereliction of duty, power rent-seeking, transfer of interests, favoritism and fraud, and waste of state assets;
The (III) shall make administrative sanctions decisions on public officials who violate the law in accordance with the law; hold accountable leaders who fail to perform their duties and dereliction of duty; for suspected duty crimes, transfer the investigation results to the People's Procuratorate for review and prosecution in accordance with the law; report to the unit of the object of supervision Put forward supervision recommendations.
Article 12: Supervisory committees at all levels may assign or dispatch supervisory agencies and supervisors to the Chinese Communist Party organs, state organs, organizations and units authorized or entrusted by laws and regulations to manage public affairs, as well as administrative regions and state-owned enterprises under their jurisdiction.
The supervisory body and the ombudsman are responsible to the supervisory committee assigned or dispatched to it.
Article 13 Supervisory institutions and ombudsmen stationed or dispatched shall, on the basis of authorization and in accordance with the administrative authority, supervise public officials in accordance with the law, put forward supervision suggestions, and investigate and deal with public officials in accordance with the law.
Article 14 The State shall implement a system of supervisors, which shall determine the system of grading, appointment, removal, evaluation and promotion of supervisors in accordance with the law.
Chapter III Scope of Supervision and Jurisdiction
Article 15 Supervisory organs shall supervise the following public officials and relevant personnel:
Civil servants (I) organs of the Communist Party of China, organs of the people's congresses and their standing committees, people's governments, supervisory committees, people's courts, people's procuratorates, organs of committees at all levels of the Chinese people's political Consultative Conference, organs of democratic parties and organs of the Federation of Industry and Commerce, as well as personnel managed with reference to the Civil Service Law of the the People's Republic of China;
Personnel engaged in public affairs in organizations authorized by (II) laws and regulations or entrusted by state organs in accordance with the law to manage public affairs;
(III) management personnel of state-owned enterprises;
(IV) personnel engaged in the management of public education, scientific research, culture, medical and health, sports and other units;
(V) management personnel in grass-roots mass self-governing organizations;
(VI) other persons who perform public duties in accordance with the law.
Article 16 Supervisory organs at all levels shall, in accordance with their administrative authority, have jurisdiction over the supervisory matters involving the persons specified in Article 15 of this Law within their jurisdiction.
Supervisory organs at higher levels may handle supervisory matters within the jurisdiction of supervisory organs at lower levels, and may also handle supervisory matters within the jurisdiction of supervisory organs at all levels under their jurisdiction when necessary.
If there is a dispute between supervisory organs over the jurisdiction of a supervisory matter, it shall be determined by their common superior supervisory organ.
Article 17 A supervisory organ at a higher level may assign supervisory matters under its jurisdiction to a supervisory organ at a lower level, or assign supervisory matters over which a supervisory organ at a lower level has jurisdiction to other supervisory organs.
If the supervisory organ considers that the supervisory matters under its jurisdiction are major and complex and need to be under the jurisdiction of the higher-level supervisory organ, it may report to the higher-level supervisory organ for jurisdiction.
Chapter IV Supervision Authority
Article 18 The supervisory organs shall exercise their powers of supervision and investigation, and shall have the right to obtain information from relevant units and individuals, and to collect and obtain evidence in accordance with the law. The relevant units and individuals shall truthfully provide them.
Supervisory organs and their staff shall keep confidential the state secrets, commercial secrets and personal privacy that they learn in the process of supervision and investigation. No unit or individual may forge, conceal or destroy evidence.
Article 19 For the objects of supervision that may violate the law of duty, the supervisory organ may, in accordance with its administrative authority, directly or entrust relevant organs or personnel to conduct interviews or request explanations.
Article 20 In the course of investigation, the supervisory organ may require the person under investigation who is suspected of violating the law by duty to make a statement on the suspected illegal act and, if necessary, issue a written notice to the person under investigation.
For those suspected of corruption, bribery, dereliction of duty and other job-related crimes, the supervisory organ may interrogate them and require them to truthfully confess the suspected crime.
Article 21 In the course of investigation, the supervisory organ may question witnesses and other persons.
Article 22: If the person under investigation is suspected of corruption, bribery, dereliction of duty, and other serious job-related violations or job-related crimes, the supervisory agency has already grasped some of the facts and evidence of the illegal crimes, and there are still important issues that require further investigation, and one of the following circumstances is approved by the supervisory agency in accordance with the law, it may be detained in a specific place:
(I) involving a major and complex case;
(II) may escape or commit suicide;
(III) may collude with confessions or forge, conceal or destroy evidence;
(IV) may have committed other acts that obstruct the investigation.
The supervisory organ may, in accordance with the provisions of the preceding paragraph, take lien measures against persons involved in the case of suspected bribery or joint duty-related crimes. The establishment, management and supervision of lien places shall be carried out in accordance with the relevant provisions of the State.
Article 23 when investigating serious job-related violations or job-related crimes such as corruption, bribery, dereliction of duty and dereliction of duty, the supervisory organ may, according to the needs of its work, inquire into and freeze the deposits, remittances, bonds, stocks, fund shares and other property of the units and individuals involved in the case in accordance with the provisions. Relevant units and individuals shall cooperate.
If the frozen property is found to be irrelevant to the case, it shall be lifted and returned within three days after the investigation.
Article 24. Supervisory organs may search the body, objects, residence and other relevant places of the person under investigation who is suspected of committing a crime by taking office and of the person who may hide the person under investigation or evidence of the crime. During a search, a search warrant shall be produced and witnesses such as the person being searched or his or her family members shall be present. Searches of women's bodies shall be carried out by female staff members. When conducting a search, the supervisory organ may, according to the needs of the work, request the cooperation of the public security organ. Public security organs shall provide assistance in accordance with the law.
Article 25 In the course of investigation, the supervisory organ may obtain, seal up or seize information such as property, documents and electronic data used to prove that the person under investigation is suspected of violating the law or committing a crime. To take measures to retrieve, seal up or seize, the original shall be collected, and the original shall be photographed, registered and numbered one by one in person in conjunction with the holder or custodian or witness, and the list shall be checked and signed by the persons present on the spot, and a copy of the list shall be handed over to the holder or custodian of the property and documents.
For the property and documents transferred, sealed up or seized, the supervisory organ shall set up special accounts and special places, determine special personnel to keep them properly, strictly perform the handover and transfer procedures, regularly check and verify the accounts, and shall not be damaged or used for other purposes. Articles of unknown value shall be promptly identified and specially sealed for safekeeping. If the sealed up or distrained property or documents are found to be irrelevant to the case, the sealed up or distrained shall be lifted and returned within three days after the investigation.
Article 26 In the course of an investigation, the supervisory organ may directly, or assign or hire persons with specialized knowledge and qualifications to conduct an inquest and inspection under the auspices of the investigators. A record of the inquest and inspection shall be made and signed or sealed by the persons participating in the inquest and the witnesses.
Article 27 In the course of investigation, the supervisory organ may assign or hire a person with special knowledge to make an appraisal of the specialized issues in the case. After the appraisal, the appraiser shall issue an appraisal opinion and sign it.
Article 28 When investigating suspected major corruption, bribery and other job-related crimes, the supervisory organ may, as necessary and after strict approval procedures, take technical investigation measures and submit them to the relevant organs for execution in accordance with the regulations. The approval decision shall specify the types and applicable objects of technical investigation measures, and shall be effective within three months from the date of issuance; for complex and difficult cases, if it is still necessary to continue to take technical investigation measures after the expiration of the time limit, the validity period may be extended after approval, and each time shall not exceed three months. If there is no need to continue to take technical investigation measures, it shall be lifted in a timely manner.
Article 29 If a person under investigation who should be detained according to law is at large, the supervisory organ may decide to place a wanted person within its own administrative area, and the public security organ shall issue a wanted order to pursue and arrest him. If the scope of the wanted order exceeds the administrative area, it shall be reported to the superior supervisory organ that has the power to make a decision.
Article 30 In order to prevent the person under investigation and related personnel from escaping abroad, the supervisory organ may, with the approval of the supervisory organ at or above the provincial level, take measures to restrict the exit of the person under investigation and related personnel, which shall be implemented by the public security organ in accordance with the law. If there is no need to continue to take measures to restrict exit, it shall be lifted in a timely manner.
Article 31: If a person under investigation who is suspected of a duty crime voluntarily pleads guilty and confesses punishment, under any of the following circumstances, the supervisory agency may propose lenient punishment when transferring it to the People's Procuratorate after collective research by the leaders and report to the supervisory agency at the next higher level for approval. Suggest:
(I) surrendered voluntarily and sincerely repented;
(II) actively cooperate with the investigation and truthfully confess the illegal and criminal acts that the supervisory organs have not yet grasped;
(III) actively return the stolen goods to reduce losses;
The (IV) has performed significant meritorious service or the case involves major national interests.
Article 32: Where a person involved in a duty-related crime exposes the duty-related crime of the person under investigation, and the investigation is verified to be true, or provides important clues that are helpful for the investigation of other cases, the supervisory authority may, after collective research by the leaders and report to the next higher Supervisory authority for approval, propose a lenient punishment when transferring the case to the People's Procuratorate.
Article 33 Material evidence, documentary evidence, testimony of witnesses, confessions and excuses of the person under investigation, audio-visual materials, electronic data and other evidentiary materials collected by supervisory organs in accordance with the provisions of this Law may be used as evidence in criminal proceedings.
When collecting, fixing, examining and applying evidence, supervisory organs shall be consistent with the requirements and standards of evidence in criminal trials. Evidence collected by illegal means shall be excluded according to law and shall not be used as the basis for the disposal of cases.
Article 34: People's courts, people's procuratorates, public security organs, auditing agencies and other state agencies find clues to public officials suspected of corruption, bribery, dereliction of duty, or other job-related violations or job-related crimes in their work, and they shall be transferred to the supervisory agency for supervision. Investigate and deal. If the person under investigation is suspected of serious job-related violations or job-related crimes, as well as other illegal crimes, the supervisory organ shall generally conduct the main investigation and other organs shall provide assistance.
Chapter V Supervision Procedures
Article 35. Supervisory organs shall accept and handle reports or reports in accordance with relevant regulations. If it does not fall under the jurisdiction of this organ, it shall be transferred to the competent organ for handling.
Article 36 The supervisory organs shall carry out their work in strict accordance with the procedures and establish a working mechanism for mutual coordination and mutual restraint among the various departments for the disposal of clues, investigation and trial of problems. Supervisory organs shall strengthen the supervision and management of the whole process of investigation and disposal, and set up corresponding work departments to perform management and coordination functions such as clue management, supervision and inspection, supervision and handling, and statistical analysis.
Article 37 The supervisory organ shall, in accordance with the relevant provisions, put forward opinions on the disposal of clues to the problems of the objects of supervision, go through the examination and approval procedures, and handle them by category. The disposal of clues shall be summarized and reported on a regular basis, and regular inspections and spot checks shall be conducted.
Article 38 Where it is necessary to take preliminary verification to deal with clues, the supervisory organ shall perform the examination and approval procedures in accordance with the law and set up a verification team. After the completion of the preliminary verification, the verification team shall write a report on the preliminary verification and put forward suggestions for handling. The undertaking department shall put forward classified treatment opinions. The preliminary verification report and classified handling opinions shall be submitted to the main person in charge of the supervisory organ for examination and approval.
Article 39 after preliminary verification, if the object of supervision is suspected of duty-related crimes and needs to be investigated for legal responsibility, the supervisory organ shall go through the formalities of filing a case in accordance with the prescribed authority and procedures. After the principal responsible person of the supervisory organ approves the filing of the case in accordance with the law, he shall preside over a special meeting to study and determine the investigation plan and decide on the investigation measures to be taken. The decision to initiate an investigation shall be announced to the person under investigation and the relevant organization shall be notified. If a person is suspected of serious duty violation or duty crime, the family members of the person under investigation shall be notified and released to the public.
Article 40: Supervisory organs shall investigate cases of duty violations and duty crimes, collect evidence on whether the person under investigation has violated the law or committed a crime and the severity of the circumstances, find out the facts of the crime, and form a mutually corroborating, complete and stable chain of evidence. It is strictly forbidden to collect evidence by threat, inducement, deception and other illegal means, and it is strictly forbidden to insult, beat, scold, abuse, corporal punishment or disguised corporal punishment of the investigated person and the person involved.
Article 41 Investigators who take investigative measures such as interrogation, inquiry, detention, search, retrieval, seizure, seizure, inquest and inspection shall, in accordance with the provisions, produce their certificates and issue a written notice, which shall be carried out by two or more persons, form written records, reports and other written materials, and shall be signed and sealed by the relevant personnel. When investigators conduct interrogations, searches, seizures, seizures and other important evidence collection work, they shall make audio and video recordings of the whole process and keep them for future reference.
Article 42 Investigators shall strictly implement the investigation plan and shall not arbitrarily expand the scope of investigation or change the objects and matters of investigation. Important matters in the course of investigation shall be collectively studied and reported in accordance with the procedures.
Article 43 The measures to be taken by the supervisory organs for lien shall be decided by the collective study of the leading personnel of the supervisory organs. If a supervisory organ at or below the city level divided into districts takes lien measures, it shall report to the supervisory organ at the next higher level for approval. The provincial supervisory organ shall report to the State Supervisory Commission for the record if it takes lien measures. The period of retention shall not exceed three months. Under special circumstances, it can be extended once, and the extension time shall not exceed three months. If a supervisory organ below the provincial level takes lien measures, the extension of the lien period shall be reported to the supervisory organ at the next higher level for approval. If the supervisory organ finds that the lien is improperly taken, it shall promptly lift the lien.
If the supervisory organ takes lien measures, it may request the cooperation of the public security organ according to the needs of the work. Public security organs shall provide assistance in accordance with the law.
Article 44 After the lien measures are taken against the person under investigation, the unit and family members of the person under lien shall be notified within 24 hours, but it is likely to destroy or falsify evidence, interfere with the testimony of witnesses or collude with confessions, and other circumstances that hinder the investigation.. After the circumstances that hinder the investigation disappear, the unit and family members of the detained person shall be notified immediately.
The supervisory organ shall ensure the diet, rest and safety of the detained persons and provide medical services. The time and duration of the interrogation shall be reasonably arranged for the interrogation of the person subject to detention, and the transcript of the interrogation shall be read and signed by the person subject to interrogation.
After the detained person is suspected of committing a crime and is transferred to the judicial organ, if he is sentenced to public surveillance, criminal detention or fixed-term imprisonment in accordance with the law, one day of detention shall be converted into two days of control, and one day of criminal detention or fixed-term imprisonment.
Article 45 The supervisory organ shall make the following dispositions according to the results of supervision and investigation:
(I), in accordance with the administrative authority, directly or entrust relevant agencies and personnel to talk to remind, criticize and educate, order inspections, or give admonitions to public officials who have violated the law but the circumstances are relatively minor;
(II), in accordance with legal procedures, make administrative sanctions such as warnings, demerits, major demerits, demotion, dismissal, and dismissal of public officials who violate the law;
(III) leaders who are responsible for non-performance or improper performance of their duties, directly make accountability decisions on them in accordance with their management authority, or make accountability recommendations to the organs that have the power to make accountability decisions;
(IV) for suspected job-related crimes, if the supervisory organ finds that the facts of the crime are clear and the evidence is true and sufficient, it shall make a prosecution opinion and transfer it, together with the case file materials and evidence, to the people's Procuratorate for examination and prosecution according to law;
(V) put forward supervision suggestions on the problems existing in the construction of clean government and the performance of duties of the units where the supervision objects are located.
After investigation, if there is no evidence to prove that the person under investigation has committed illegal or criminal acts, the supervisory organ shall withdraw the case and notify the unit to which the person under investigation belongs.
Article 46 The supervisory organ shall, after investigation, confiscate, recover or order restitution of property obtained in violation of the law in accordance with the law; property obtained in connection with a suspected crime shall be transferred to the People's Procuratorate along with the case.
Article 47 With regard to cases transferred by supervisory organs, the people's procuratorates shall, in accordance with the the People's Republic of China Criminal Procedure Law, take compulsory measures against the person under investigation.
If, after examination, the people's procuratorate considers that the facts of the crime have been ascertained, that the evidence is true and sufficient, and that criminal responsibility should be investigated in accordance with the law, it shall make a decision to prosecute. If, after examination, the people's procuratorate considers that supplementary verification is necessary, it shall return it to the supervisory organ for supplementary investigation and, if necessary, may make supplementary investigation on its own. In the case of supplementary investigation, the supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. The people's procuratorate shall, with the approval of the people's procuratorate at the next higher level, make a decision not to prosecute in accordance with the law in the case of non-prosecution as stipulated in the the People's Republic of China Criminal Procedure Law. If the supervisory organ considers that the decision not to initiate a prosecution is wrong, it may apply to the people's procuratorate at the next higher level for reconsideration.
Article 48: In the process of investigating corruption, bribery, dereliction of duty and other job-related crimes, if the person under investigation escapes or dies, it is necessary to continue the investigation, with the approval of the supervisory authority at or above the provincial level, it shall continue the investigation and make a conclusion. If the person under investigation flees and hides and is unable to attend the case after one year of being wanted, or dies, the supervisory organ shall request the people's procuratorate to apply to the people's court for confiscation of illegal income in accordance with legal procedures.
Article 49 If the object of supervision is not satisfied with the decision made by the supervisory organ that involves him or her, he or she may, within one month from the date of receipt of the decision, apply to the supervisory organ that made the decision for review, and the review organ shall make a review decision within one month; if the object of supervision is still not satisfied with the review decision, he or she may, within one month from the date of receipt of the review decision, apply to the supervisory organ at the next higher level for review, the review organ shall make a review decision within two months. During the period of review and review, the execution of the original processing decision shall not be suspended. If, after examination, the review organ determines that there is an error in the handling decision, the original handling organ shall correct it in a timely manner.
Chapter VI International Cooperation against Corruption
Article 50 The State Supervisory Commission shall make overall arrangements and coordinate international exchanges and cooperation in anti-corruption with other countries, regions and international organizations, and organize the implementation of international anti-corruption treaties.
Article 51 The National Supervisory Commission shall organize and coordinate relevant parties to strengthen cooperation with relevant countries, regions, and international organizations in the fields of anti-corruption law enforcement, extradition, mutual legal assistance, transfer of sentenced persons, asset recovery, and information exchange.
Article 52 The National Supervisory Commission shall strengthen the organization and coordination of the international anti-corruption work of pursuing and recovering stolen goods and preventing escape, and urge relevant units to do related work:
(I), for major corruption, bribery, dereliction of duty and other job-related crimes, if the person under investigation has fled outside the country (territory) and has relatively solid evidence, he or she will be pursued and brought to justice through cooperation in the pursuit of fugitives abroad;
(II) request the country where the stolen money and goods are located to inquire about, freeze, seize, confiscate, recover and return the assets involved in the case;
(III) inquire and monitor the entry and exit (border) and cross-border capital flows of public officials and related personnel suspected of job-related crimes, and set up escape prevention procedures in the process of investigating cases.
Chapter VII Supervision over Supervisory Organs and Supervisory Personnel
Article 53 The supervisory committees at all levels shall accept the supervision of the people's congress at the corresponding level and its standing committee.
The standing committees of the people's congresses at all levels hear and review the special work reports of the supervisory committees at the corresponding levels, and organize law enforcement inspections. When the people's congresses and their standing committees at or above the county level hold meetings, deputies to the people's congresses or members of the standing committees may, in accordance with the procedures prescribed by law, raise questions or inquiries on relevant issues in the work of supervision.
Article 54 Supervisory organs shall disclose information on their supervisory work in accordance with the law and accept democratic supervision, social supervision and supervision by public opinion.
Article 55: Supervisory agencies shall strengthen supervision over the performance of duties and compliance with the law by supervisory personnel through the establishment of special internal supervisory agencies, and build a loyal, clean, and responsible supervisory team.
Article 56: Supervisors must abide by the Constitution and laws in an exemplary manner, be loyal to their duties, enforce the law impartially, be honest and clean, and keep secrets; they must have good political qualities, be familiar with supervisory business, and have the ability to apply laws, regulations, policies, and investigation and evidence collection, etc. Consciously accept supervision.
Article 57 Where supervisors inquire about the case, ask about the case, or intercede, the supervisors handling the supervision matters shall report in a timely manner. The relevant information shall be registered for the record.
If it is found that the supervisory personnel handling the supervision matters have contacted the person under investigation, the person involved in the case and his specific related parties without approval, or there is a situation of communication, the insider shall report in a timely manner. The relevant information shall be registered for the record.
Article 58: Supervisors who handle supervision matters shall withdraw on their own if they have one of the following circumstances, and the objects of supervision, prosecutors and other relevant personnel also have the right to request their withdrawal:
The (I) is a close relative of the subject of surveillance or of the informant;
(II) has served as a witness in the case;
Where the (III) himself or his or her close relatives have an interest in the matter under supervision;
(IV) other circumstances that may affect the impartial handling of the matter under supervision.
Article 59 After leaving the post, the secret-related personnel of the supervisory organ shall abide by the regulations on the management of the secret period, strictly perform the obligation of confidentiality, and shall not disclose relevant secrets. Within three years of resignation and retirement, supervisors shall not engage in occupations that are related to supervision and judicial work and may have conflicts of interest.
Article 60 If a supervisory organ and its staff commit any of the following acts, the person under investigation and his close relatives shall have the right to appeal to the organ:
The (I) lien is not released upon the expiration of the statutory period;
(II) sealing up, detaining or freezing property unrelated to the case;
(III) the measures of sealing up, detaining or freezing should be lifted but not lifted;
(IV) embezzlement, misappropriation, private division, exchange, and use of seized, distrained, or frozen property in violation of regulations;
(V) other acts that violate laws and regulations and infringe upon the legitimate rights and interests of the person under investigation.
The supervisory organ that accepts the complaint shall make a decision on the handling of the complaint within one month from the date of acceptance of the complaint. If the complainant is not satisfied with the handling decision, he may apply to the supervisory organ at the next higher level for a review within one month from the date of receipt of the handling decision, and the supervisory organ at the next higher level shall make a handling decision within two months from the date of receipt of the application for review. If the situation is true, it shall be corrected in a timely manner.
Article 61: After the investigation is completed, it is found that the basis for filing a case is insufficient or untrue, there are major errors in the handling of the case, and the supervisors have seriously violated the law, the responsible leaders and directly responsible personnel shall be held accountable.
Chapter VIII Legal Liability
Article 62: If the relevant unit refuses to implement the handling decision made by the supervisory authority, or refuses to adopt the supervisory recommendation without justifiable reasons, the competent department or the higher-level authority shall order it to make corrections, and the unit shall be notified and criticized; the responsible leader Personnel and directly responsible personnel shall be dealt with in accordance with the law.
Article 63 If a relevant person, in violation of the provisions of this Law, commits any of the following acts, the unit to which he belongs, the competent department, the organ at a higher level or the supervisory organ shall order him to make corrections and deal with them according to law:
The (I) fails to provide relevant materials as required, refuses or obstructs the implementation of investigation measures, etc., and refuses to cooperate with the investigation by the supervisory authority;
(II) providing false information to cover up the truth;
(III) colluding with confessions or forging, concealing or destroying evidence;
(IV) to prevent others from exposing, exposing, or providing evidence;
(V) other acts in violation of the provisions of this Law, if the circumstances are serious.
Article 64 Where the object of supervision retaliates against the accuser, the prosecutor, the witness or the supervisory personnel; where the accuser, the prosecutor or the witness falsely accuses the object of supervision by fabricating facts, the case shall be dealt with according to law.
Article 65: If a supervisory agency and its staff commit any of the following acts, the responsible leaders and directly responsible persons shall be dealt with in accordance with the law:
(I) disposing of problem clues without approval or authorization, concealing major facts of the case, or privately retaining or disposing of materials involved in the case;
(II) taking advantage of their functions and powers or the influence of their positions to interfere in the investigation work or seek personal gains through the case;
(III) illegally steal or disclose information on investigation work, or disclose reported matters, report acceptance and informant information;
(IV) extorting a confession or inducing a confession from a person under investigation or a person involved in a case, or insulting, beating, cursing, maltreatment, or corporal punishment in disguised form;
(V) dispose of the seized, distrained or frozen property in violation of regulations;
(VI) case-handling safety accidents in violation of regulations, or concealment of safety accidents, false reporting, or improper handling after the occurrence of safety accidents;
(VII) taking lien measures against regulations;
(VIII) restrict another person from leaving the country in violation of the regulations, or fail to lift the restrictions on leaving the country in accordance with the regulations;
(IX) other acts of abuse of power, dereliction of duty and malpractice for personal gain.
Article 66 Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Article 67 Where a supervisory organ or its staff, in exercising its functions and powers, infringes upon the lawful rights and interests of a citizen, legal person or other organization and causes damage, it shall be compensated by the State according to law.
Chapter IX Supplementary Provisions
Article 68 Specific regulations shall be formulated by the Central Military Commission in accordance with this Law for the Chinese People's Liberation Army and the Chinese People's Armed Police Force to conduct supervision.
Article 69 This Law shall enter into force on the date of its promulgation. The the People's Republic of China Administrative Supervision Law shall be repealed at the same time.
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In order to improve the leadership and execution of middle-level managers, strengthen communication and cooperation, and improve their overall quality, Yingtianhui carried out middle-level management quality improvement training in the form of special lectures or case analysis from July 21 to November 3 according to the training plan at the beginning of the year.
2023-08-28
Li Xingjian, member of the Standing Committee of Changshou District Committee and Minister of United Front Work Department of Chongqing Yingtianhui Chlor-Alkali Chemical Co., Ltd., led a team to Yingtianhui to carry out a cool and refreshing condolence activity.
On August 3, Li Xingjian, member of the standing Committee of the Changshou District CPC Committee and head of the United Front work Department, and Wei Beneng, deputy director of the United Front work Department of the District CPC Committee and secretary of the party group of the Federation of Industry and Commerce, led a team to Yingtianhui to carry out a high-temperature condolence activity with the theme of "sending coolness in summer and reaching the front line of true feelings. Ying Tianhui deputy general manager Xiao Min accompanied the condolences.
2023-07-27
Yingtianhui organized the safety knowledge competition of "everyone talks about safety, everyone will respond to emergencies"
In order to thoroughly publicize and implement the spirit of the 20th CPC National Congress and General Secretary Xi Jinping's important exposition on production safety, comprehensively promote production safety publicity and education, enhance the self-protection awareness and emergency rescue ability of the broad masses of workers, and lay a solid foundation for the company's production safety. On June 27, Yingtianhui organized a safety knowledge competition of "everyone talks about safety, everyone will respond to emergencies.
2023-07-27
Yingtianhui Successfully Held the Art Party of "Practicing New Ideas, Showing New Ideas and Striving for New Journey"
In order to solemnly celebrate the 102 anniversary of the founding of the Communist Party of China and carry forward the great party building spirit, Yingtianhui held a theatrical performance with the theme of "Practicing New Ideas and Showing New as a New Journey" on the evening of June 27.
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