Translation: Second Draft of the Supervision Law (监察法二次审议稿)

The NPC Standing Committee (NPCSC) conducted a second reading of the draft Supervision Law (监察法) in late December 2017, but has yet to release the second draft for public comments. With the 2018 NPC session only a month away, we think there is now no realistic possibility that the NPCSC will do so. That said, we do have a copy of the second draft that was released by the China Law Review on its WeChat account. For various reasons, including the fact that this document reflects all the changes made to the first draft as reported by statemedia, we are convinced of its authenticity.

Given the significance of this draft legislation, we believe the public should be given the opportunity to at least read the draft that has been submitted to the NPC for deliberation. We thus prepared the following translation of the second draft, based on the translation of the first draft by Jeremy Daum that is available on China Law Translate. Jeremy is not responsible for any errors in the following translation, which is subject to further modifications. Our Blog-wide copyright license applies.

The second draft has made mostly cosmetic changes to the first draft. Substantive (yet arguably insignificant) changes include:

  • Added a provision that the setup and administration of the venues for retention in custody are to follow State regulations (art. 22, para. 4).
  • Added requirement that retention in custody must be lifted when found to be inappropriate (art. 44, para. 1).
  • Added requirements that the property or documents that are sealed, frozen, or seized must be released and returned within three days after the measures are found to be inappropriate (art. 23, para. 2 & art. 25, para. 3).
  • Added requirement that the supervision commissions must ensure the safety of those retained in custody (art. 44, para. 2).
  • Specified the circumstances where the investigation would be impeded so that the employers and family members of those retained in custody need not be notified within 24 hours (art. 44, para. 1).
  • Deleted the requirement that the procuratorates solicit the opinions of the supervision commissions before deciding not to prosecute.

Lastly, to just name two defects of the second draft: It still did not address the right to attorney of those retained in custody. And the length of retention in custody is still three months, with a one-time three-month extension possible that is still completely left to the supervision commissions’ discretion.


中华人民共和国监察法(草案)
Supervision Law of the People’s Republic of China (Draft)

(2017年12月14日稿)
(December 14, 2017 Version)

目  录
Table of Contents

第一章 总则
Chapter I: General Provisions

第二章 监察机关及其职责
Chapter II: Supervision Organs and Their Duties

第三章 监察范围和管辖
Chapter III: Scope of Supervision and Jurisdiction

第四章 监察权限
Chapter IV: Scope of Supervision Authority

第五章 监察程序
Chapter V: Supervision Procedures

第六章 反腐败国际合作
Chapter VI: International Cooperation Against Corruption

第七章 对监察机关和监察人员的监督
Chapter VII: Oversight of Supervision Organs and Supervision Personnel

第八章 法律责任
Chapter VIII: Legal Responsibility

第九章 附则
Chapter IX: Supplementary Provisions

第一章 总则
Chapter I: General Provisions

第一条为了深化国家监察体制改革,加强对公职人员的监督,实现国家监察全面覆盖,深入开展反腐败工作,推进国家治理体系和治理能力现代化,制定本法。
Article 1: This Law is formulated so as to deepen reform of the state supervision system, to strengthen oversight of public personnel, to achieve full state supervision coverage, to thoroughly carry out anti-corruption work, and to advance modernization of the national governance system and governance capacity.

第二条坚持中国共产党对国家监察工作的领导,以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观、习近平新时代中国特色社会主义思想为指导,构建集中统一、权威高效的中国特色国家监察体制。
Article 2: Upholding the leadership of the Communist Party of China over state supervision work, following the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, build a centralized and unified, authoritative and effective state supervision system with Chinese characteristics.

第三条各级监察委员会是行使国家监察职能的专责机关,依照本法对所有行使公权力的公职人员进行监察,调查职务违法和职务犯罪,开展廉政建设和反腐败工作,维护宪法和法律的尊严。
Article 3: The supervision commissions at all levels are specialized organs for the exercise of state supervision functions, follow this Law to conduct supervision of all public personnel exercising public power, investigate illegal and criminal abuses of public office, carry out efforts to build an honest government and anti-corruption work, and safeguard the dignity of the Constitution and laws.

第四条监察机关依照法律规定独立行使监察权,不受行政机关、社会团体和个人的干涉。
监察机关办理职务违法犯罪案件,应当与司法机关互相配合、互相制约。
监察机关在工作中需要协助的,有关机关和单位应当根据监察机关的要求依法予以协助。
Article 4: The supervision organs exercise supervision power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, social group or individual.
In handling cases of illegal or criminal abuse of public office, the supervision organs and the judicial organs shall cooperate with and check each other.
Where the supervision organs need assistance in their work, the relevant organs and units shall, based on the requests of the supervision organs, assist in accordance with law.

第五条国家监察工作坚持宪法法律至上,以事实为根据,以法律为准绳,在适用法律上一律平等;权责对等,从严监督;惩戒与教育相结合,宽严相济。
Article 5: State supervision work shall uphold the supremacy of the Constitution and the laws, be based on the facts with the laws as their measure, equally apply the laws to all; strictly supervise, giving equal consideration to power and responsibility; and combine punishment with education and leniency with severity.

第六条国家监察工作坚持标本兼治,保持高压态势,强化不敢腐的震慑;深化改革、健全法治,有效制约和监督权力,扎牢不能腐的笼子;加强思想道德和法治教育,弘扬中华优秀传统文化,增强不想腐的自觉。
Article 6: State supervision work persists in treating the symptoms and root causes, maintains a tough stance, strengthening deterrence so that none dare to be corrupt; deepens reforms, improves rule of law, effectively restricts and supervises power, strengthening the cage of institutions so that none can be corrupt; strengthens education in ideology, ethics, and the rule of law, promotes the fine traditional Chinese culture, strengthening vigilance so that none wants to be corrupt.

第二章 监察机关及其职责
Chapter II: Supervision Organs and Their Duties

第七条中华人民共和国监察委员会是最高国家监察机关。
省、自治区、直辖市、自治州、县、自治县、市、市辖区设立监察委员会。
Article 7: The Supervision Commission of the People’s Republic of China [hereinafter PRC Supervision Commission] is the highest organ of State supervision.
Provinces, autonomous regions, directly governed municipalities, autonomous prefectures, counties, autonomous counties, cities, and municipal districts, are to establish supervision commissions.

第八条中华人民共和国监察委员会由全国人民代表大会产生,负责全国监察工作。
中华人民共和国监察委员会由主任、副主任若干人、委员若干人组成,主任由全国人民代表大会选举,副主任、委员由中华人民共和国监察委员会主任提请全国人民代表大会常务委员会任免。
中华人民共和国监察委员会主任每届任期同全国人民代表大会每届任期相同。
中华人民共和国监察委员会对全国人民代表大会和全国人民代表大会常务委员会负责,并接受监督。
Article 8: The PRC Supervision Commission is created by the National People’s Congress, and is responsible for supervision work nationwide.
The PRC Supervision Commission is composed of a director, several deputy directors, and several members; with the director elected by the National People’s Congress and the deputy directors and members being appointed or removed by proposal of the director of the PRC Supervision Commission to the Standing Committee of the National People’s Congress.
The term of office of the director of the PRC Supervision Commission is the same as that for the National People’s Congress.
The PRC Supervision Commission is responsible to the National People’s Congress and its Standing Committee, and is subject to their oversight.

第九条县级以上地方各级监察委员会由本级人民代表大会产生,负责本行政区域内的监察工作。
县级以上地方各级监察委员会由主任、副主任若干人、委员若干人组成,主任由本级人民代表大会选举,副主任、委员由监察委员会主任提请本级人民代表大会常务委员会任免。
县级以上地方各级监察委员会主任每届任期同本级人民代表大会每届任期相同。
县级以上地方各级监察委员会对本级人民代表大会及其常务委员会和上一级监察委员会负责,并接受监督。
Article 9: All levels of local supervision commissions at the county level or above are created by the people’s congresses at the corresponding levels, and are responsible for supervision work in their respective administrative regions.
All levels of local supervision commissions at the county level or above are composed of a director, several deputy directors, and several members; with the director elected by the people’s congress at the corresponding level, and the deputy directors and members appointed or removed by proposal of the director of supervision commission to the standing committee of the people’s congress at the corresponding level.
The term of office of the director of the supervision commissions at or above the county level is the same as that for the people’s congress at the corresponding level.
All levels of supervision commissions at the county level or above are responsible to the people’s congresses and their standing committees at the corresponding levels, and to the supervision commission at the next higher level, and are subject to their oversight.

第十条中华人民共和国监察委员会领导地方各级监察委员会的工作,上级监察委员会领导下级监察委员会的工作。
Article 10: The PRC Supervision Commission leads the work of local supervision commissions at all levels, and higher-level supervision commissions lead the work of lower-level supervision commissions.

第十一条监察机关依照法律履行监督、调查、处置职责:
(一)对公职人员开展廉政教育,对其依法履职、秉公用权、廉洁从政从业以及道德操守情况进行监督检查;
(二)对涉嫌贪污贿赂、滥用职权、玩忽职守、权力寻租、利益输送、徇私舞弊以及浪费国家资财等职务违法和职务犯罪进行调查;
(三)对违法的公职人员依法作出政务处分决定;对履行职责不力、失职失责的领导人员进行问责;对涉嫌职务犯罪的,将调查结果移送人民检察院,依法提起公诉;向监察对象所在单位提出监察建议。
Article 11: The supervision organs carry out the duties of oversight, investigation, and disposition in accordance with law:
(1) Educate public personnel in clean governance, and oversee and inspect their performance of duties in accordance with law, just use of authority, clean governance, and ethical conduct;
(2) Conduct investigations into illegal and criminal abuses of public office, such as suspected corruption, bribery, abuse of power, dereliction of duty, rent-seeking, siphoning benefits, twisting the law for personal gain, and squandering State assets;
(3) Make decisions on governmental sanctions for public personnel who break the law; hold accountable those leadership personnel who perform their duties ineffectively or who shirk their duties and responsibilities; transfer the investigative conclusions on suspected criminal abuses of public office to the people’s procuratorates to initiate public prosecutions in accordance with law; and issue supervision recommendations to the units of the targets of supervision.

第十二条各级监察委员会可以向本级中国共产党的机关、国家机关、经法律法规授权或者委托管理公共事务的组织和单位以及所管辖的行政区域、国有企业等派驻或者派出监察机构、监察专员。
监察机构、监察专员对派驻或者派出它的监察机关负责。
Article 12: All levels of supervision commissions may accredit or dispatch supervision bodies or supervision commissioners to organs of the Communist Party of China, state organs, or organizations and units authorized by laws or regulations or retained to administer public affairs at the corresponding levels, and to the administrative regions or state-owned enterprises under their jurisdiction.
The supervision bodies or commissioners are responsible to the supervision organs accrediting or dispatching them.

第十三条派驻或者派出的监察机构、监察专员根据授权,按照管理权限依法对有关单位和行政区域的公职人员进行监督,提出监察建议;依法对公职人员进行调查、处置。
Article 13: Based on their authorization, the accredited or dispatched supervision bodies or supervision commissioners are to follow the scope of their management authority to lawfully conduct oversight of the public personnel of the relevant organs and administrative regions and issue supervision recommendations; and are to investigate and handle public personnel in accordance with law.

第十四条国家实行监察官制度,依法确定监察官等级设置、任免、考评和晋升等制度。
Article 14: The State implements an ombudsman system, and establishes in accordance with law systems for the hierarchical setup, appointment and removal, assessment, and promotion of ombudsman, and such other systems.

第三章 监察范围和管辖
Chapter III: Scope of Supervision and Jurisdiction

第十五条监察机关对下列公职人员和有关人员进行监察:
(一)中国共产党的机关、人民代表大会及其常务委员会机关、人民政府、监察委员会、人民法院、人民检察院、中国人民政治协商会议各级委员会机关、民主党派各级组织机关和各级工商业联合会机关的公务员,及参照《中华人民共和国公务员法》管理的人员;
(二)法律、法规授权或者受国家机关依法委托管理公共事务的组织中从事公务的人员;
(三)国有企业管理人员;
(四)公办的教育、科研、文化、医疗卫生、体育等单位中从事管理的人员;
(五)基层群众性自治组织中从事集体事务管理的人员;
(六)其他依法履行公职的人员。
Article 15: The supervision organs conduct supervision of the following public personnel and relevant personnel:
(1) Civil servants of organs of the Communist Party of China, organs of the people’s congresses and their standing committees, people’s governments, supervision commissions, people’s courts, people’s procuratorates, organs of committees of the Chinese People’s Political Consultative Conference at all levels, organs of the bodies of the democratic parties at all levels, organs of the federations of industry and commerce at all levels, and personnel managed with reference to the Civil Servants Law of the People’s Republic of China;
(2) Personnel engaged in public affairs at organizations authorized by laws or regulations, or lawfully retained by state organs, to administer public affairs;
(3) Managerial personnel of state-owned enterprises;
(4) Personnel engaged in management in state-run education, scientific research, culture, health care, sports, and other such units;
(5) Personnel engaged in collective affairs management at basic-level mass organizations of self-government;
(6) Others personnel who perform public duties in accordance with law.

第十六条各级监察机关按照管理权限管辖本辖区内本法第十五条规定的人员所涉监察事项。
上级监察机关可以办理下一级监察机关管辖范围内的监察事项,必要时也可以办理所辖各级监察机关管辖范围内的监察事项。
监察机关之间对监察事项的管辖有争议的,由其共同的上级监察机关确定。
Article 16: In accordance with their management authority, all levels of supervision organs are to exercise jurisdiction over supervision matters within the areas under their jurisdiction that relate to the personnel stipulated in article 15 of this Law.
A higher-level supervision organ may handle the supervision matters within the jurisdiction of the supervision organ at the level below, and when necessary, may also handle supervision matters within the jurisdiction of the supervision organs at any level within its jurisdiction.
Where there are disputes between the supervision organs over the jurisdiction over supervision matters, they shall be determined by their common higher-level supervision organ.

第十七条上级监察机关可以将其所管辖的监察事项指定下级监察机关管辖,也可以将下级监察机关有管辖权的监察事项指定给其他监察机关管辖。
监察机关认为所管辖的监察事项重大、复杂,需要由上级监察机关管辖的,可以请求移送上级监察机关管辖。
Article 17: A higher-level supervision organ may designate a lower-level supervision organ as having jurisdiction over supervision matters within its jurisdiction, or may appoint another supervision organ to have jurisdiction over a supervision matter within the jurisdiction of a lower-level supervision organ.
Where supervision organs find that supervision matters over which they have jurisdiction are major or complicated, and need to have the higher-level supervision organ take jurisdiction, they may request that they be transferred to the jurisdiction of the higher-level supervision organ.

第四章 监察权限
Chapter IV: Scope of Supervision Authority

第十八条监察机关行使监督、调查职权,有权依法向有关单位和个人了解情况,收集、调取证据。有关单位和个人应当如实提供证据。
监察机关及其工作人员对监督、调查过程中知悉的国家秘密、商业秘密、个人隐私,应当保密。
任何单位和个人不得伪造证据、隐匿证据或者毁灭证据。
Article 18: The supervision organs excising their oversight and investigative authorities have the right to, in accordance with law, ask the relevant units or individuals for information, or gather or collect evidence from them. The relevant units and individuals shall truthfully provide evidence.
The supervision organs and their staffs shall keep confidential the state secrets, trade secrets, or personal privacy that they learn in the course of conducting oversight or investigation.
No unit or individual may falsify evidence, conceal evidence, or destroy evidence.

第十九条对可能发生职务违法的公职人员,监察机关按照管理权限,可以直接或者委托有关机关、人员,进行谈话或者要求说明情况。
Article 19: For public personnel who may have illegally abused public office, the supervision organs may, in accordance with their management authority, directly or entrust relevant organs or personnel to talk with them or request that they explain the situations.

第二十条对涉嫌职务违法的被调查人,监察机关可以要求其就涉嫌违法行为作出陈述,必要时向被调查人出具书面通知。
对涉嫌贪污贿赂、失职渎职等职务犯罪的被调查人,监察机关可以进行讯问,要求其如实供述涉嫌犯罪的情况。
Article 20: For persons being investigated for suspected illegal abuse of public office, the supervision organs may request that they give statements regarding the suspected illegal conduct, and when necessary, issue a written notice to the persons being investigated.
For persons being investigated for suspected embezzlement, bribery, dereliction of duty, malfeasance, and other such crimes abusing public office, the supervision organs may conduct interrogations and request that they make truthful statements about the alleged crime.

第二十一条在调查过程中,监察机关可以询问证人等人员。
Article 21: During the course of the investigation, the supervision organs may question witnesses and other such persons.

第二十二条被调查人涉嫌贪污贿赂、失职渎职等严重职务违法或者职务犯罪,监察机关已经掌握其部分违法犯罪事实及证据,仍有重要问题需要进一步调查,并有下列情形之一的,经监察机关依法审批,可以将其留置在特定场所:
(一)涉及案情重大、复杂的;
(二)可能逃跑、自杀的;
(三)可能串供或者伪造、隐匿、毁灭证据的;
(四)可能有其他妨碍调查行为的。
对涉嫌行贿犯罪或者共同职务犯罪的涉案人员,监察机关可以依照前款规定采取留置措施。
留置场所的设置和管理依照国家有关规定执行。
Article 22: Where the persons being investigated are suspected of serious illegal or criminal abuses of public office such as corruption, bribery, dereliction of duty, or malfeasance, and the supervision organs have already possessed some of the facts and evidence on the illegalities or crimes, but still have major issues that need further investigation, after review and approval by the supervision organs in accordance with law, they may have them retained in custody at a designated location in any of the following circumstances:
(1) The case is major or complicated;
(2) They might flee or commit suicide;
(3) They might collude testimony, or fabricate, conceal, or destroy evidence;
(4) They might have other conduct obstructing investigation.
For those suspected of giving bribes or of joint crimes abusing public office, the supervision organs may employ retention in custody measures in accordance with the provisions of the preceding paragraph.
The setup and administration of the venues for retention in custody are to be done in accordance with the relevant State regulations.

第二十三条监察机关调查涉嫌贪污贿赂、失职渎职等严重职务违法或者职务犯罪,根据工作需要,可以依照规定查询、冻结涉案单位和个人的存款、汇款、债券、股票、基金份额等财产。有关单位和个人应当配合。
冻结的财产经查明与案件无关的,应当在三日内解除冻结,予以退还。
Article 23: In investigating corruption, bribery, dereliction of duty, malfeasance, and such other serious illegal or criminal abuses of public office, the supervision organs may, as necessary for work, make inquiries into and freeze assets of units and persons involved in the case such as savings, remittances, bonds, stocks, and fund shares in accordance with the provisions. The relevant units and individuals shall cooperate.
Where the frozen assets prove to be unrelated to the case upon investigation, they shall be unfrozen and returned within three days.

第二十四条监察机关可以对涉嫌职务犯罪的被调查人以及可能隐藏被调查人或者犯罪证据的人的身体、物品、住处和其他有关的地方进行搜查。在搜查时,应当出具搜查证件,并有被搜查人或者其家属等见证人在场。
搜查女性的身体,应当由女工作人员进行。
监察机关进行搜查时,可以根据工作需要提请公安机关配合。公安机关应当依法予以协助。
Article 24: The supervision organs may conduct searches of the persons, effects, domiciles, and other relevant places of the persons being investigated for suspected criminal abuses of public office as well as persons who might be hiding the persons under investigation or criminal evidence. When conducting searches, search documents shall be provided and an authenticating witness such as the person being searched or a family member thereof shall be present.
The searches of the persons of females shall be conducted by female staff.
When conducting searches, the supervision organs may request that the public security organs cooperate as necessary for work. The public security organs shall assist in accordance with law.

第二十五条监察机关在调查过程中,可以调取、查封、扣押用以证明被调查人涉嫌违法犯罪的财物、文件和电子数据等信息。采取调取、查封、扣押措施,应当收集原物原件,会同持有人或者保管人、见证人,当面逐一拍照、登记、编号,开列清单,由在场人员当场核对、签名,并将清单副本交财物、文件的持有人或者保管人。
对调取、查封、扣押的财物、文件,监察机关应当设立专用账户、专门场所,确定专门人员妥善保管,严格履行交接、调取手续,定期对账核实,不得毁损或者用于其他目的。对价值不明物品应当及时鉴定,专门封存保管。
查封、扣押的财物、文件经查明与案件无关的,应当在三日内解除查封、扣押,予以退还。
Article 25: During the course of investigations, the supervision organs may collect, seal, or seize information such as property, documents, and electronic data that prove the person under investigation is suspected of illegalities or crimes. When the collection, sealing, and seizure measures are taken, the original items shall be gathered and, in company with the possessor, custodian, or authenticating witness, each be photographed, registered, and numbered, and a catalog shall be made to be verified and signed by those at scene, and a copy of the catalog is to be given to the possessor or custodian of the property or document.
The supervision organs shall establish special accounts and locations, and designate specialized personnel, for appropriately storing the property or documents they collect, seal, or seize, strictly perform formalities for their transfer and collection, check and verify the catalogs at regular intervals, and must not damage or use them for other purposes. Items for which the value is unclear shall be promptly appraised, and shall be specially sealed in storage.
Where the sealed or seized property or documents prove to be unrelated to the case upon investigation, they shall be unsealed or unseized and returned within three days.

第二十六条监察机关在调查过程中,可以直接或者指派、聘请具有专门知识、资格的人员在调查人员的主持下进行勘验、检查。勘验、检查的情况应当写成笔录,由参加勘验、检查的人员和见证人签名或者盖章。
Article 26: During the course of investigations, the supervision organs may, directly or by appointment, employ personnel with specialized knowledge or qualifications to carry out inspection or examination under the supervision of the investigators. A written record shall be made of the results of the inspection or examination, to be signed or have a seal affixed by the inspecting or examining personnel and the authenticating witness.

第二十七条监察机关在调查过程中,对于案件中的专门性问题,可以指派、聘请有专门知识的人进行鉴定。鉴定人进行鉴定后,应当写出鉴定意见,并且签名。
Article 27: During the course of investigations, the supervision organs may appoint or employ persons with specialized knowledge to appraise specialized issues in the cases. After conducting appraisals, the appraisers shall write and sign appraisal opinions.

第二十八条监察机关调查涉嫌重大贪污贿赂等职务犯罪,根据需要,经过严格的批准手续,可以采取技术调查措施,按照规定交有关机关执行。
批准决定应当明确采取技术调查措施的种类和适用对象,自签发之日起三个月以内有效;对于复杂、疑难案件,期限届满仍有必要继续采取技术调查措施的,经过批准,有效期可以延长,每次不得超过三个月。对于不需要继续采取技术调查措施的,应当及时解除。
Article 28: When conducting investigations of suspected crimes abusing public office such as major corruption or bribery, the supervision organs may, as necessary, after following strict approval formalities, employ technical investigation measures and follow provisions to hand them to the relevant organs for execution.
The approval decision shall clearly state the type of technical investigative measures and their target, and be effective within three months of its issuance; where, in a complicated or challenging case, it is still necessary to continue employing technical investigative measures after the period expires, the period may be extended upon approval, but each extension must not exceed three months. Where it is not necessary to continue employing technical investigative measures, they shall be promptly lifted.

第二十九条依法应当留置的被调查人如果在逃,监察机关可以决定在本行政区域内通缉,由公安机关发布通缉令,追捕归案。通缉范围超出本行政区域的,应当报请有权决定的上级监察机关决定。
Article 29: If persons under investigation who shall be retained in custody in accordance with law are at large, the supervision organs may decide to list them as wanted within their respective administrative regions, and the public security organs are to issue a wanted notice and seek to bring them in. Where the scope of the wanted listing exceeds their administrative regions, they shall report to a higher-level supervision organ with authority to make the decision.

第三十条监察机关为防止被调查人及相关人员逃匿境外,经省级以上监察机关批准,可以对被调查人及相关人员采取限制出境措施,由公安机关依法执行。对于不需要继续采取限制出境措施的,应当及时解除。
Article 30: In order to prevent the persons under investigation and related personnel from escaping outside the Mainland territory, the supervision organs may, with the approval of the supervision organs at or above the provincial level, take measures to restrict the persons under investigation and related personnel from leaving the Mainland territory, and the public security organs are to enforce them in accordance with law. Where it is not necessary to continue employing measures to restricting exit from the Mainland territory, they shall be promptly lifted.

第三十一条涉嫌职务犯罪的被调查人主动认罪认罚,有自动投案、真诚悔罪悔过,积极配合调查工作、如实供述监察机关还未掌握的违法犯罪行为,积极退赃、减少损失,具有重大立功表现或者案件涉及国家重大利益等情形的,监察机关经集体研究,并报上一级监察机关批准,可以在移送人民检察院时提出从宽处罚的建议。
Article 31: Where the person under investigation for suspected criminal abuse of public office voluntarily admits guilt and accepts punishment, voluntarily surrenders and truly acknowledges and repents the crimes, actively cooperates with the investigation and truthfully confesses illegal or criminal acts of which the supervision organ has not yet been aware, proactively returns the spoils and reduces damages, or makes a major meritorious service, or where the case involves major State interests; then after collective research and reporting to the supervision organ at the next higher level for approval, the supervision organ may issue a recommendation that punishment be less severe when the case is transferred to the people’s procuratorate.

第三十二条职务违法犯罪的涉案人员揭发有关被调查人职务违法犯罪行为,查证属实的,或者提供重要线索,有助于调查其他案件的,监察机关经集体研究,并报上一级监察机关批准,可以在移送人民检察院时提出从宽处罚的建议。
Article 32: Where persons involved in illegal or criminal abuses of public office actively uncover the illegal or criminal abuses of public office by the relevant persons under investigation, which have been verified, or provide important clues in aid of investigating other cases; then after collective research and reporting to the supervision organ at the next higher level for approval, the supervision organ may issue a recommendation that punishment be less severe when the case is transferred to the people’s procuratorate.

第三十三条监察机关依照本法规定收集的物证、书证、证人证言、被调查人供述和辩解、视听资料、电子数据等证据材料,在刑事诉讼中可以作为证据使用。
监察机关在收集、固定、审查、运用证据时,应当与刑事审判关于证据的要求和标准相一致。
以非法方法收集的证据应当依法予以排除,不得作为案件处置的依据。
Article 33: The evidence and materials collected by the supervision organs in accordance with this Law, including physical evidence, documentary evidence, witness testimony, confessions or explanations by persons under investigation, audiovisual materials, and electronic data, may be used as evidence in criminal proceedings.
When collecting, fixing, examining, and using evidence, the supervision organs shall be consistent with the requirements and standards on evidence for criminal adjudication.
The evidence collected by illegal means shall be excluded in accordance with law, and must not be used as the basis for case disposition.

第三十四条人民法院、人民检察院、公安机关、审计机关等国家机关在工作中发现公职人员涉嫌贪污贿赂、失职渎职等职务违法或者职务犯罪的问题线索,应当移送监察机关,由监察机关依法调查处置。
被调查人既涉嫌严重职务违法或者职务犯罪,又涉嫌其他违法犯罪的,一般应当由监察机关为主调查,其他机关予以协助。
Article 34: Where the people’s courts, people’s procuratorates, public security organs, auditing organs, and other state organs in their work discover any leads about suspected corruption, bribery, dereliction of duty, malfeasance, or other illegal or criminal abuses of public office by public personnel, they shall transfer them to the supervision organs, and the supervision organs are to investigate and handle in accordance with law.
Where the person under investigation is suspected of both serious illegal or criminal abuse of public office, and other illegal or criminal acts, the supervision organ shall generally take the lead in investigation, and other organs are to assist.

第五章 监察程序
Chapter V: Supervision Procedures

第三十五条监察机关对于报案或者举报,应当接受并按照有关规定处理。对于不属于本机关管辖的,应当移送主管机关处理。
Article 35: The supervision organs shall accept and handle reports or complaints in accordance with the relevant regulations. Those that do not come within their respective jurisdictions shall be transferred to the competent organs for disposition.

第三十六条监察机关应当严格按照程序开展工作,建立问题线索处置、调查、审理各部门相互协调、相互制约的工作机制。
监察机关应当加强对调查、处置工作全过程的监督管理,设立相应的工作部门履行线索管理、监督检查、督促办理、统计分析等管理协调职能。
Article 36: The supervision organs shall carry out their work in strict accordance with procedures and establish working mechanisms for mutual assistance and mutual restraint in the various departments that handle leads, investigation, and adjudication.
The supervision organs shall strengthen the oversight and management over the entire process of investigation and disposition and establish corresponding work departments for management of leads, oversight and inspections, urging handling, statistical analysis, and other management coordination functions.

第三十七条监察机关对监察对象的问题线索,应当按照有关规定提出处置意见,履行审批手续,进行分类办理。线索处置情况应当定期汇总、通报,定期检查、抽查。
Article 37: The supervision organs shall follow the relevant provisions to submit opinions on disposition of leads regarding problems with the targets of supervision, perform review and approval formalities, and conduct categorical handling. The disposition of leads shall be summarized and circulated at regular intervals, and be subject to inspections and spot checks at relevant intervals.

第三十八条需要采取初步核实方式处置问题线索的,监察机关应当依法履行审批程序,成立核查组。初步核实工作结束后,核查组应当撰写初核情况报告,提出处理建议。承办部门应当提出分类处理意见。初核情况报告和分类处理意见报监察机关主要负责人审批。
Article 38: Where it is necessary to adopt preliminary verification methods to handle issues and leads, the supervision organs shall perform review and approval procedures in accordance with law, and form a verification team. After the preliminary verification is completed, the verification team shall write a report on the preliminary verification situation, and put forward handling recommendations. The undertaking departments shall put forward categorized opinions on handling. The preliminary verification report and categorized handling opinion reports are to be reported to the main leaders of the supervision organs for review and approval.

第三十九条经过初步核实,对涉嫌职务违法犯罪,需要追究法律责任的,监察机关应当按照规定的权限和程序办理立案手续。
监察机关主要负责人依法批准立案后,应当主持召开专题会议,研究确定调查方案,决定需要采取的调查措施。
立案调查决定应当向被调查人宣布,并通报相关组织。涉嫌严重职务违法或者职务犯罪的,应当通知被调查人家属,并向社会公开发布。
Article 39: Where upon preliminary verification, there are suspected illegal or criminal abuses of public office that need to be pursued for legal responsibility, the supervision organs are to handle formalities for filing cases in accordance with the scope of their authority and procedures.
After approving the filing of cases in accordance with law, the main leaders of the supervision organs shall preside over special meetings, study and determine the investigation plan, and decide on what investigative measures need to be taken.
The decision to file and investigate a case shall be announced to the person being investigated and reported to the relevant organizations. Where there are suspected serious illegal or criminal abuses of public office, the family of the persons being investigated shall be informed of them, and they shall be announced to the public.

第四十条监察机关对职务违法和职务犯罪案件,应当进行调查,收集被调查人有无违法犯罪以及情节轻重的证据,查明违法犯罪事实,形成相互印证、完整稳定的证据链。
严禁以威胁、引诱、欺骗及其他非法方式收集证据,严禁侮辱、打骂、虐待、体罚或者变相体罚被调查人。
Article 40: In cases of illegal or criminal abuses of public office, the supervision organs shall conduct investigations, gather evidence of whether the persons under investigation have broken the law or committed a crime and of the seriousness of the circumstances, and ascertain the facts of illegalities or crimes, to form a mutually corroborative, complete, and stable chain of evidence.
The gathering of evidence by threats, enticements, fraud, and other illegal means is strictly prohibited; and insulting, beating, berating, abusing, and direct or covert corporal punishment of the persons being interrogated is strictly prohibited.

第四十一条调查人员采取讯问、询问、留置、搜查、调取、查封、扣押、勘验、检查等调查措施,均应当依照规定出示证件,出具书面通知,由二人以上进行,形成笔录、报告等书面材料,并由相关人员签名、盖章。
调查人员进行讯问以及搜查、查封、扣押等重要取证工作,应当对全过程进行录音录像,留存备查。
Article 41: When the investigators take any investigation measures such as interrogation, questioning, retaining in custody, searches, collections, sealing, seizures, inspections, or examinations, they shall always follow regulations to present documents, issue a written notice, have two or more people carry it out, and compose written materials such as notes or reports, and have the relevant personnel sign them and affix a seal.
When investigators carry out interrogations and important evidence gathering work such as searches, sealing, or seizures, they shall make an audiovisual recording of the entire process, and retain it for future reference.

第四十二条调查人员应当严格执行调查方案,不得随意扩大调查范围、变更调查对象和事项。
对调查过程中的重要事项,应当集体研究后按程序请示报告。
Article 42: The investigators shall strictly implement the investigation plan, and must not freely expand the scope of the investigation or change its targets and matters.
Important matters in the course of the investigation shall be collectively studied and then reported for instruction in accordance with procedures.

第四十三条监察机关采取留置措施,应当由监察机关领导人员集体研究决定。设区的市级以下监察机关采取留置措施,应当报上一级监察机关批准。省级监察机关采取留置措施,应当报中华人民共和国监察委员会备案。
留置时间不得超过三个月。在特殊情况下,可以延长一次,延长时间不得超过三个月。省级以下监察机关采取留置措施的,延长留置时间应当报上一级监察机关批准。监察机关发现采取留置措施不当的,应当及时解除。
监察机关采取留置措施,可以根据工作需要提请公安机关配合。公安机关应当依法予以协助。
Article 43: The employment of retention in custody measures by a supervision organ shall be decided upon collective study of the supervision organ’s leadership personnel. Where a supervision organ at the level of city with districts or below employs retention in custody measures, it shall report to the supervision organ at the next higher level for approval. Where provincial-level supervision organs employ retention in custody measures, they shall report to the PRC Supervision Commission for recording.
The period of retention in custody must not exceed three months. Under special circumstances, it may be extended once, and the extension period must not exceed three months. Where a supervision organ at the provincial level or below employs retention in custody measures, the period extending retention in custody shall be reported to the supervision organ at the next higher level for approval. Where the supervision organs find that the employment of retention in custody measures is inappropriate, they shall promptly lift them.
When the supervision organs employ retention in custody measures, they may request that the public security organs cooperate, as necessary for the work. The public security organs shall assist in accordance with law.

第四十四条采取留置措施后,除有可能毁灭、伪造证据,干扰证人作证或者串供等有碍调查情形的,应当在二十四小时以内,通知被留置人员所在单位和家属。
监察机关应当保障被留置人员的饮食、休息和安全,提供医疗服务。讯问被留置人员应当合理安排讯问时间和时长,讯问笔录由被讯问人阅看后签名。
被留置人员涉嫌犯罪移送司法机关后,被依法判处管制、拘役和有期徒刑的,留置期限应当折抵刑期。留置一日折抵管制二日,折抵拘役、有期徒刑一日。
Article 44: After retention in custody measures are employed, the unit or family of the person being investigated shall be informed within 24 hours, except where there is a possibility of evidence destruction or falsification, disruption of witness testimony, collusion of testimony, or other such circumstances where the investigation would be impeded.
The supervision organs shall ensure the food, drink, rest, and safety of persons retained in custody, and provide medical services. The interrogation of persons retained in custody shall have reasonably arranged interrogation times and lengths, and the interrogation records are to be signed by the persons being interrogated after they read them.
Where, after persons retained in custody are suspected of a crime and are transferred to the judicial organs, they are lawfully sentenced to controlled release, short-term detention, or fixed-term imprisonment, their sentence is to be reduced by the period of retention in custody. One day retained in custody is to reduce controlled release by two days, and short-term detention or fixed-term imprisonment by one day.

第四十五条监察机关根据监督、调查结果,依法作出如下处置:
(一)对有职务违法行为但情节较轻的公职人员,按照管理权限,直接或者委托有关机关、人员,进行谈话提醒、批评教育、责令检查,或者予以诫勉。
(二)对违法的公职人员依照法定程序作出警告、记过、记大过、降级、撤职、开除等政务处分决定。
(三)对不履行或者不正确履行职责的,按照管理权限对负有责任的领导人员直接作出问责决定,或者向有权作出问责决定的机关提出问责建议。
(四)对被调查人涉嫌职务犯罪,监察机关经调查认为犯罪事实清楚,证据确实、充分的,制作起诉意见书,连同案卷材料、证据一并移送人民检察院,依法提起公诉。人民检察院依法对被调查人采取强制措施。
(五)对监察对象所在单位廉政建设和履行职责存在的问题等提出监察建议。
监察机关经过调查,对没有证据证明存在违法犯罪行为的,应当撤销案件。
Article 45: Based on the results of oversight and investigation, the supervision organs are to make the following dispositions in accordance with law:
(1) For public personnel who have unlawfully abused public office but the circumstances were relatively minor, in accordance with management authority, talk with them, criticize and educate, order inspections, or admonish them, either directly or by entrusting relevant organs or personnel.
(2) For public personnel who have broken the law, give them a warning, demerit, major demerit, demotion, removal, expulsion, or other governmental sanction decisions in accordance with legally prescribed procedures.
(3) For those who do not perform, or incorrectly perform, their duties, either directly make a decision to hold the responsible leadership personnel accountable in accordance with management authority, or make a recommendation to an organ with authority to issue a such a decision.
(4) For persons under investigation who are suspected of crimes abusing public office, where upon investigation, the supervision organs find that the facts of the crime are clear and the evidence is credible and sufficient, they are to draft written opinions in support of prosecution and transfer them, along with the case file materials and evidence, to the people’s procuratorates to have public prosecutions initiated in accordance with law. The people’s procuratorates are to impose compulsory measures against the persons under investigation in accordance with law.
(5) Issue supervision recommendations on problems that exist in clean governance building and performance of duties by the units of the persons under investigation.
After investigation, the supervision organs shall rescind cases where there is no evidence proving illegal or criminal acts.

第四十六条监察机关经调查,对违法取得的财物,依法予以没收、追缴或者责令退赔。对涉嫌犯罪取得的财物,应当在移送人民检察院依法提起公诉时随案移送。
Article 46: After investigation, the supervision organs are to confiscate or recover any illegally obtained property, or order its return. Property acquired through suspected crimes shall be transferred with the case when it is transferred to the people’s procuratorate for initiation of a public prosecution in accordance with law.

第四十七条对监察机关移送的案件,人民检察院认为犯罪事实已经查清,证据确实、充分,依法应当追究刑事责任的,应当作出起诉决定。
人民检察院经审查后,认为需要补充核实的,应当退回监察机关补充调查,必要时可以自行补充侦查。
人民检察院对于有刑事诉讼法规定的不起诉的情形的,经上一级人民检察院批准,依法作出不起诉的决定。监察机关认为不起诉的决定有错误的,可以要求复议。
Article 47: In cases transferred by the supervision organs, where the people’s procuratorates find that the facts of the crime are already clear and the evidence is credible and sufficient, and that criminal responsibility shall be pursued in accordance with law, they shall make a decision to prosecute.
Where after review, the people’s procuratorates find it is necessary to supplement or verify, they shall return them to the supervision organs for supplementary investigation, and, when necessary, may conduct supplementary investigation on their own.
Where there are circumstances under which the Criminal Procedure Law stipulates no prosecution, the people’s procuratorate, after reporting to the people’s procuratorate at the next higher level for approval, is to make a non-prosecution decision in accordance with law. Where the supervision organ finds that the decision not to prosecute is in error, it may request a reconsideration.

第四十八条监察机关在调查贪污贿赂、失职渎职等职务犯罪案件过程中,被调查人逃匿或者死亡,有必要继续调查的,经省级以上监察机关批准,应当继续调查并作出结论。被调查人逃匿,在通缉一年后不能到案,或者死亡的,由监察机关提请人民检察院依照法定程序,向人民法院提出没收违法所得的申请。
Article 48: When the persons under investigation have escaped or died when the supervision organs are in the course of investigating corruption, bribery, dereliction of duty, malfeasance or other crimes abusing public office, where it is necessary to continue the investigation, they shall continue the investigation and make a conclusion upon approval of the supervision organs at the provincial level or above. Where the persons under investigation have escaped and cannot be brought in after being listed as wanted for one year, or have died, the supervision organs shall request that the people’s procuratorates follow legally prescribed procedures to apply to the people’s courts for confiscating any unlawful gains.

第四十九条监察对象对监察机关涉及本人的处理决定不服的,可以向作出决定的监察机关申请复审;对复审决定仍不服的,可以向上一级监察机关申请复核。复审、复核期间,不停止原处理决定的执行。复核受理机关审查认定处理决定有错误的,原处理机关应当及时予以纠正。
Article 49: Where the targets of supervision are dissatisfied with the supervision organs’ handling decisions involving themselves, they may apply to the supervision organs rendering the decisions for a reconsideration; where they are still dissatisfied with the reconsideration decisions, they may apply to the supervision organ at the next higher level for review. Enforcement of the handling decisions is not suspended during the reconsideration or review period. Where the organ accepting the review finds that there is an error in the handling decision, the original handling organ shall promptly correct it.

第六章 反腐败国际合作
Chapter VI: International Cooperation Against Corruption

第五十条中华人民共和国监察委员会组织反腐败国际条约实施工作,统筹协调与其他国家、地区、国际组织开展的反腐败国际交流、合作。
Article 50: The PRC Supervision Commission is to organize efforts on the implementation of international anti-corruption treaties, and coordinates, as a whole, the international anti-corruption communication and cooperation conducted with other nations, regions, and international organizations.

第五十一条中华人民共和国监察委员会组织协调有关方面加强与有关国家、地区、国际组织在反腐败执法、引渡、司法协助、被判刑人的移管、资产追回和信息交流等领域合作。
Article 51: The PRC Supervision Commission is to organize coordination with the relevant parties to strengthen cooperation with the relevant countries, regions, and international organizations in areas such as anti-corruption law enforcement, extradition, judicial assistance, custody transfer of sentenced persons, asset recovery, and information exchanges.

第五十二条中华人民共和国监察委员会加强对反腐败国际追逃追赃和防逃工作的组织协调,督促有关单位做好相关工作:
(一)对于重大贪污贿赂、失职渎职等职务犯罪案件,被调查人逃匿到国(境)外,掌握证据比较确凿的,通过开展境外追逃工作,追捕归案;
(二)提请赃款赃物所在国查询、冻结、扣押、没收、追缴、返还涉案资产;
(三)查询、监控涉嫌职务犯罪的公职人员及其相关人员进出国(境)和跨境资金流动情况,在调查案件过程中设置防逃程序。
Article 52: The PRC Supervision Commission is to strengthen the organization and coordination of efforts in anti-corruption international pursuit of stolen assets and fleeing persons and escape prevention, and to spur the relevant units to do a good job of corresponding work:
(1) In cases of crimes abusing public office, such as major corruption, bribery, dereliction of duty, and malfeasance, where the persons under investigation have escaped outside the country (Mainland territory) and the supervision organs have already obtained relatively conclusive evidence, employ effective measures to bring them in by pursuing them outside the Mainland territory;
(2) Requesting that the country where stolen assets or goods are located make inquiries, freeze, seize, confiscate, recover, or return the assets involved with the case;
(3) Make inquiries of or monitor the entry and exit from the country (Mainland territory) and the cross-territorial flow of funds of public personnel suspected of crimes abusing public office and related personnel, and establish procedures for preventing escape in the course of investigating cases.

第七章 对监察机关和监察人员的监督
Chapter VII: Oversight of Supervision Organs and Supervision Personnel

第五十三条监察机关应当接受本级人民代表大会及其常务委员会的监督。
各级人民代表大会常务委员会听取和审议本级监察机关的专项工作报告,根据需要可以组织执法检查。
县级以上各级人民代表大会及其常务委员会举行会议时,人民代表大会代表或者常务委员会组成人员,可以依照法律规定的程序就监察工作中的有关问题提出询问或者质询。
Article 53: The supervision organs shall accept oversight by the people’s congresses and their standing committees at the corresponding levels.
The standing committees of people’s congresses at all levels hear and deliberate special work reports of the supervision organs at the corresponding levels, and may as necessary organize law enforcement inspections.
When the people’s congresses and their standing committees at the county level or above hold meetings, the delegates to the people’s congresses or members of the standing committees may, in accordance with the procedures prescribed by law, raise inquiries or questioning about issues in supervision work.

第五十四条监察机关应当依法公开监察工作信息,接受民主监督、社会监督、舆论监督。
Article 54: The supervision organs shall make public information on supervision work in accordance with law, and accept democratic oversight, social oversight, and public opinion oversight.

第五十五条监察机关通过设立内部专门的监督机构等方式,加强对监察人员执行职务和遵守法律情况的监督,建设忠诚、干净、担当的监察队伍。
Article 55: The supervision organs shall, through means such as establishing specialized internal oversight bodies, strengthen the oversight of the performance of duties and compliance with the law by the supervision personnel, and establish a supervision corps that is loyal, clean, and responsible.

第五十六条监察人员必须模范遵守宪法和法律,忠于职守、秉公执法,清正廉洁、保守秘密;必须具有良好的政治素质,熟悉监察业务,具备运用法律、法规、政策和调查取证等能力,自觉接受监督。
Article 56: The supervision personnel must exemplarily abide by the Constitution and the laws; be devoted to their duties, and enforce the law impartially; be honest and upright, and keep secrets; must have good political character, be familiar with supervision work, and possess the abilities such as using the laws, regulations, policies, and investigating to collect evidence; and conscientiously accept oversight.

第五十七条对于监察人员打听案情、过问案件、说情干预的,办理监察事项的监察人员应当及时报告。有关情况应当登记备案。
发现办理监察事项的监察人员未经批准接触被调查人、涉案人员及其特定关系人,或者存在交往情形的,知情人应当及时报告。有关情况应当登记备案。
Article 57: Where supervision personnel make inquiries about a case, prying into a case, intercede or intervene, the supervision personnel handling the supervision matter shall promptly report them. The relevant situations shall be filed for the record.
Where it is discovered that supervision personnel handling a supervision matter have, without permission, had contact with or had communications with the persons under investigation, persons involved in the case, and their particular affiliates, the persons in the know shall be promptly reported them. The relevant situations shall be filed for the record.

第五十八条办理监察事项的监察人员有下列情形之一的,应当回避,监察对象、检举人及其他有关人员也有权要求其回避:
(一)是监察对象或者检举人的近亲属的;
(二)担任过本案的证人的;
(三)本人或者他的近亲属与办理的监察事项有利害关系的;
(四)有可能影响监察事项公正处理的其他情形的。
Article 58: Where the supervision personnel handling a supervision matter have any of the following circumstances, they shall recuse themselves, and the targets of supervision, informants, and other relevant personnel also have the right to request recusal:
(1) Is a close relative of the target of the supervision or the informant;
(2) Has acted as a witness in this case;
(3) They themselves or their close relatives have an interest in the supervision matters being handled;
(4) Has other circumstances that may impact the fair handling of the supervision matter.

第五十九条监察机关涉密人员离岗离职后,应当遵守脱密期管理规定,严格履行保密义务,不得泄露相关秘密。
监察人员辞职、退休三年内,不得从事与监察和司法工作相关联且可能发生利益冲突的职业。
Article 59: After leaving the post and office, the supervision organs’ personnel who are involved with secrets shall abide by the management provisions for the departure period and strictly perform their obligations to keep secrets, and must not divulge relevant secrets.
Within three years after the resignation or retirement of the supervision personnel, they must not engage in professions that are associated with and in which conflicts of interest might occur with supervision and judicial work.

第六十条监察机关及其工作人员有下列行为之一的,被调查人及其近亲属有权向该机关申诉:
(一)留置法定期限届满,不予以解除的;
(二)查封、扣押、冻结与案件无关的财物的;
(三)应当解除查封、扣押、冻结措施而不解除的;
(四)贪污、挪用、私分、调换以及违反规定使用查封、扣押、冻结的财物的;
(五)其他违反法律法规、侵害被调查人合法权益的行为。
受理申诉的监察机关应当及时处理。申诉人对处理不服的,可以向上一级监察机关申请复查,上一级监察机关应当及时处理,情况属实的,予以纠正。
Article 60: Where a supervision organ or its staff exhibits any of the following conduct, the persons being investigated and their close relatives have the right to appeal to that organ:
(1) The period for retention in custody expires, but it is not lifted;
(2) Seals, seizes, or freezes assets not related to the cases;
(3) Should lift the sealing, seizure, or freezing measures, but did not do so;
(4) Embezzles, misappropriates, privately disposes of, exchanges, or uses sealed, seized, or frozen assets in violation of regulations;
(5) Other conduct that violates laws and regulations or infringes upon the lawful rights and interests of the persons under investigation.
The supervision organ that accepts the appeal shall handle it promptly. Where the complainants are dissatisfied with the handling, they may apply for a review to the supervision organ at the next higher level, and the supervision organ at the next higher level shall promptly handle it and, where the circumstances are true, make corrections.

第六十一条对调查工作结束后发现立案依据不充分或者失实,案件处置出现重大失误,监察人员严重违法的,追究负有责任的领导人员和直接责任人员的责任。
Article 61: Where after the completion of the investigation, it is discovered that the bases for filing the case was insufficient or inaccurate, there were major mistakes in the handling of the case, or the supervision personnel seriously violated the law, pursue the responsible leadership personnel and the directly responsible personnel for responsibility.

第八章 法律责任
Chapter VIII: Legal Responsibility

第六十二条有关单位拒不执行监察机关作出的处理决定,或者无正当理由拒不采纳监察建议的,由其主管部门、上级机关责令改正,对单位给予通报批评;对负有责任的领导人员和直接责任人员依法给予处理。
Article 62: Where the relevant units refuse to enforce handling decisions made by the supervision organs, or refuse to accept supervision recommendations without legitimate reasons, the departments in charge of them or the organs at the level above shall order them to make corrections and circulate a criticism of the units; and the responsible leadership personnel and the directly responsible personnel are to be dealt with in accordance with law.

第六十三条有关人员违反本法规定,有下列行为之一的,由其所在单位、主管部门、上级机关或者监察机关责令改正,依法给予处理:
(一)不按要求提供有关材料,拒绝、阻碍调查措施实施等拒不配合监察机关调查的;
(二)提供虚假情况,掩盖事实真相的;
(三)串供或者伪造、隐匿、毁灭证据的;
(四)阻止他人揭发检举、提供证据的;
(五)其他违反本法规定的行为,情节严重的。
Article 63: Where the relevant personnel violate the provisions of this Law with any of the following conduct, their units, the departments in charge of them, the organs at the level above, or the supervision organs are to order corrections, and deal with them in accordance with law:
(1) Refusing to cooperate with the supervision organs such as by not providing materials as requested, or by refusing or obstructing the implementation of investigative measures;
(2) Providing false information to cover up the truth;
(3) Colluding testimony, or fabricating, concealing, or destroying evidence;
(4) Preventing others from exposing and reporting or providing evidence;
(5) Having other conduct in violation of the provisions of this Law, where the circumstances are serious.

第六十四条监察对象对控告人、检举人、证人或者监察人员进行报复陷害的;控告人、检举人、证人捏造事实诬告陷害监察对象的,依法予以处理。
Article 64: Where the targets of supervision retaliate against or frame an accuser, informant, witness, or supervision personnel; or where the accusers, informants, or witnesses fabricate facts to falsely accuse or frame the targets of supervision, they are to be dealt with in accordance with law.

第六十五条监察机关及其工作人员有下列行为之一的,对负有责任的领导人员和直接责任人员依法给予处理:
(一)未经批准、授权处置问题线索,发现重大案情隐瞒不报,或者私自留存、处理涉案材料的;
(二)利用职权或者职务上的影响干预调查工作、以案谋私的;
(三)违法窃取、泄露调查工作信息,或者泄露举报事项、举报受理情况以及举报人信息的;
(四)对被调查人逼供、诱供,或者侮辱、打骂、虐待、体罚或者变相体罚的;
(五)违反规定处置查封、扣押、冻结财物的;
(六)违反规定发生办案安全事故,或者发生安全事故后隐瞒不报、报告失实、处置不当的;
(七)违反规定采取留置措施的;
(八)违反规定限制他人出境,或者不按规定解除出境限制的;
(九)其他滥用职权、玩忽职守、徇私舞弊行为的。
Article 65: Where the supervision organs or their staffs exhibit any of the following conduct, the responsible leadership personnel and the directly responsible personnel are to be dealt with in accordance with law:
(1) Disposing of leads without permission or authorization, concealing and not reporting major case details after discovering them, or keeping or handling the materials involved in the case without authorization;
(2) Exploiting their authority or the influence of their positions to interfere with investigative work or to seek a personal benefit from the case;
(3) Illegally stealing or disclosing investigation information or leaking information about reported matters, the acceptance of reports, and informants’ information;
(4) Extorting or inducing confessions from the persons under investigation, or insulting, beating, berating, abusing, physically punishing, or covertly physically punishing them;
(5) Disposing of sealed, seized, or frozen property in violation of regulations;
(6) Causing case-handling security incidents in violation of regulations, or after security incidents occurred, concealing or not reporting them, making untruthful reports, or mishandling them;
(7) Employing retention in custody measures in violation of regulations;
(8) Restricting others from exiting the Mainland territory in violation of regulations, or lifting restrictions on exiting the Mainland territory not in accordance with regulations;
(9) Other conduct abusing authority, dereliction of duties, or improper conduct for personal gain.

第六十六条违反本法规定,构成犯罪的,依法追究刑事责任。
Article 66: Where a violation of provisions of this Law constitutes a crime, pursue criminal responsibility in accordance with law.

第六十七条监察机关及其工作人员行使职权,侵犯公民、法人和其他组织的合法权益,造成损害的,依法给予国家赔偿。
Article 67: Where the supervision organs and supervision personnel, in exercising their authority, encroach on the lawful rights and interests of citizens, legal persons, and other organizations, causing harm, they shall pay state compensation in accordance with law.

第九章 附则
Chapter IX: Supplementary Provisions

第六十八条中国人民解放军开展监察工作,由中央军事委员会根据本法制定具体规定。
Article 68: The Central Military Commission is to, in accordance with provisions of this Law, formulate the specific provisions on the carrying out of supervision work by the Chinese People’s Liberation Army.

第六十九条本法自  年 月 日起施行。《中华人民共和国行政监察法》同时废止。
Article 69: This Law shall take effect on ××–××–××××. The Administrative Supervision Law of the People’s Republic of China is simultaneously abolished.


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