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.
Supervision Law of the People’s Republic of China (Draft)
(December 14, 2017 Version)
Table of Contents
Chapter I: General Provisions
Chapter II: Supervision Organs and Their Duties
Chapter III: Scope of Supervision and Jurisdiction
Chapter IV: Scope of Supervision Authority
Chapter V: Supervision Procedures
Chapter VI: International Cooperation Against Corruption
Chapter VII: Oversight of Supervision Organs and Supervision Personnel
Chapter VIII: Legal Responsibility
Chapter IX: Supplementary Provisions
Chapter I: General Provisions
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.
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.
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.
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.
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.
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.
Chapter II: Supervision Organs and Their Duties
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.
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.
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.
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.
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.
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.
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.
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.
Chapter III: Scope of Supervision and Jurisdiction
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.
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.
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.
Chapter IV: Scope of Supervision Authority
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.
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.
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.
Article 21: During the course of the investigation, the supervision organs may question witnesses and other such persons.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Chapter V: Supervision Procedures
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Chapter VI: International Cooperation Against Corruption
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.
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.
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.
Chapter VII: Oversight of Supervision Organs and Supervision Personnel
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.
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.
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.
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.
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.
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.
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.
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.
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.
Chapter VIII: Legal Responsibility
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.
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.
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.
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.
Article 66: Where a violation of provisions of this Law constitutes a crime, pursue criminal responsibility in accordance with law.
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.
Chapter IX: Supplementary Provisions
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.