Law of the People's Republic of China on Administrative Supervision
Law of the People's Republic of China on Administrative Supervision
Law of the People's Republic of China on Administrative Supervision
Order of the President [1997] No. 85
The Law of the People's Republic of China on Administrative Supervision, which was adopted at the 25th session of the Standing Committee of the 8th National People's Congress on May 9, 1997, is released hereby and shall take effect as of the date of promulgation.
President of the People's Republic of China Jiang Zemin
May 9, 1997
Contents
Chapter I General Provisions
Chapter II Supervisory Organs and Supervisors
Chapter III Functions and Duties of Supervisory Organs
Chapter IV Jurisdiction of Supervisory Organs
Chapter V Procedure for Supervision
Chapter VI Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution, in order to strengthen the supervision, guarantee the smooth implementation of government decrees, maintain administrative discipline, facilitate the building of an honest and clean government, improve administration and raise administrative efficiency.
Article 2 Supervisory organs are organs that exercise the function of supervision on behalf of the people's governments, supervising in accordance with this Law administrative organs and public servants of the State and other persons appointed by administrative organs of the State.
Article 3 Supervisory organs shall exercise their functions and powers in accordance with law and shall be subject to no interference from any administrative departments, public organizations or individuals.
Article 4 Supervision shall be enforced in adherence to the principles of seeking truth from facts, laying stress on evidence, investigation and study, and applying laws and rules of administrative discipline to people on an equal footing.
Article 5 In supervision, education shall be combined with punishment, and supervision and inspection shall be conducted for the purpose of improving work.
Article 6 Supervision shall be enforced by relying on the general public. Supervisory organs shall institute an informing system, under which all citizens shall have the right to bring to supervisory organs accusations or expositions against any administrative organs or public servants of the State or any persons appointed by State administrative organs that violate laws or are derelict in their duties.
Chapter II Supervisory Organs and Supervisors
Article 7 The supervisory organ under the State Council shall be in charge of supervision throughout the country. A supervisory organ of a local people's government at or above the county level shall be responsible for supervision in its administrative area, and shall be responsible and report its work to the people's government to which it belongs and to the supervisory organ at the next higher level. Supervision shall be enforced mainly under the guidance of the supervisory organ at a higher level.
Article 8 A supervisory organ of a people's government at or above the county level may, where necessary and with the approval of the people's government to which it belongs, have supervisory bodies or supervisors in departments under the government.
The supervisory bodies and supervisors dispatched by the supervisory organs shall be responsible and report their work to the supervisory organs that dispatch them.
Article 9 A supervisor shall abide by laws and observe rules of discipline, be faithful to their duties, enforce laws impartially, remain honest and upright and keep secrets.
Article 10 A supervisor shall be familiar with supervision and shall have received an appropriate education and acquired sufficient professional knowledge.
Article 11 The chief or deputy chief of a supervisory organ of a local people's government at or above the county level shall be appointed or dismissed from office with the consent of the supervisory organ at the next higher level before the decision on the appointment or dismissal is submitted for approval.
Article 12 A supervisory organ shall apply a system of supervision over the supervisors' performance of their official duties and observance of the rules of discipline.
Article 13 A supervisor, in performing his official duties in accordance with law, shall be protected by law.
No organization or individual may refuse to undergo supervision, or obstruct the supervisors' performance of their official duties, or retaliate against supervisors.
Article 14 A supervisor shall withdraw when he himself or his close relatives have an interest in the matter of supervision he is handling.
Chapter III Functions and Duties of Supervisory Organs
Article 15 The supervisory organ under the State Council shall exercise supervision over the following government departments and persons:
1.
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