Supervision Law of the People's Republic of China
Supervision Law of the People's Republic of China
[Lexis China Comments]
According to the Decision of the Standing Committee of the National People's Congress on Amending the Supervision Law of the People's Republic of China (Order of the President of the People’s Republic of China No. 42), this document has been revised.
Supervision Law of the People's Republic of China
Order of the President of the People's Republic of China No.3
March 20, 2018
The Supervision Law of the People's Republic of China, adopted at the first session of the 13th National People's Congress of the People's Republic of China on March 20, 2018, is hereby promulgated and takes effect immediately from the issue date.
President of the People's Republic of China Xi Jinping
Supervision Law of the People's Republic of China
(Adopted at the first session of the 13th National People's Congress of the People's Republic of China on March 20, 2018)
Chapter I General Provisions
Chapter II Supervisory Bodies and Their Duties
Chapter III Supervision Scope and Jurisdiction over Supervision
Chapter IV Supervisory Authorities
Chapter V Supervisory Procedures
Chapter VI International Cooperation in Anti-corruption
Chapter VII Regulation of Supervisory Bodies and Supervisors
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 To deepen reform in the country's supervision system, strengthen regulation of all functionaries that exercise public power, enable the national supervision to cover all aspects, advance the anti-corruption work in a deep-going manner, and promote the modernization of the state governance system and governance capacity, the Supervision Law of the People's Republic of China is formulated in accordance with the Constitution.
Article 2 A centralized, unified, authoritative and effective national supervision system with Chinese characteristics will be established, under the leadership of the Communist Party of China over the national supervision work and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important "Three Represents" thought, Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.
Article 3 All levels of supervisory commissions, as organs specifically responsible for exercising the state's supervisory functions, shall supervise all functionaries exercising public power (hereinafter referred to as the "functionaries"), investigate duty-related violations and crimes, conduct the construction of clean governance and anti-corruption work, and uphold the authority of the Constitution and laws, in accordance with this Law.
Article 16 A supervisory body shall, within its administrative authority, be responsible for supervisory matters regarding the personnel specified in Article 15 herein within the local jurisdiction.
A superior supervisory organ may handle supervisory matters that are under the supervision of a supervisory body at a lower level, and may, when necessary, handle such matters that are under the jurisdiction of supervisory bodies of all lower levels subordinate to it.
Where a dispute over jurisdiction arises between supervisory bodies, the jurisdiction shall be determined by a supervisory body that is superior to both of them.
Article 17 A superior supervisory body may designate its subordinate supervisory body to handle supervisory matters under its jurisdiction, or let another supervisory body handle the supervisory matters under the jurisdiction of its subordinate supervisory body.
Where a supervisory body holds that the supervisory matter under its jurisdiction is significant and complicated, and thus it needs to have it handled by its superior supervisory body, it may apply to have it handled by its superior supervisory body.
Chapter IV Supervisory Authorities
Article 18 Supervisory bodies have the right to ask for information and collect and access evidence, from related units and individuals according to the law, when exercising their supervisory and investigatory power. Related units and individuals shall provide truthful information.
Regarding state secrets, trade secrets and individual privacy learnt in the course of supervision and investigation, supervisory bodies as well as their functionaries shall keep them confidential.
Any unit or individual shall not forge, conceal or destroy evidence.
Article 19 In terms of a target under supervision who is likely involved in duty-related violations, the supervisory body shall, within its administrative authority, have a talk directly or entrust the related organ and personnel to have a talk with such target, or require him or her to give explanations.
Article 20 When an investigation is ongoing, a supervisory body may request the investigated individual suspected of having duty-related violations to make statements on the suspected violations, and may issue a written notice to the investigated individual where necessary.
The supervisory body may interrogate an investigated individual who is suspected of committing a duty-related crime, such as embezzlement, acceptance of bribes, neglect of duties, or malpractice, requiring him or her to provide truthful information on the suspected crime.
Article 21 A supervisory body may question witnesses and other personnel during the investigation.
Article 22 Where an investigated individual is suspected of serious duty-related violations or crimes, such as embezzlement, acceptance of bribes, neglect of duties and malpractice, and the supervisory body has mastered some information about his or her violations or crimes and obtained evidence in this regard, such individual may be detained at a certain place upon review and approval of the supervisory body, under any of the following circumstances, if there is a need to launch further investigations into certain important issues,
1. Where the case is significant and complicated;
2. Where the suspect is likely to escape or commit suicide;
3. Where the suspect is likely to collude with others or forge, conceal or destroy evidence; or
4. Where the suspect may commit any other act that impedes the investigation.
In the case of an individual who is suspected of the crime of offering bribes or joint involvement in a duty-related crime, the supervisory body may take measures to have him or her detained in accordance with the provisions specified in the preceding paragraph.
The setup, management and supervision of the detention places shall be subject to applicable rules of the State.
Article 23 When investigating suspected serious duty-related violations or crimes, such as embezzlement, acceptance of bribes, neglect of duties, and malpractice, a supervisory body may, depending on its work needs, inspect and freeze the deposits, remittances, bonds, stocks, fund units and other property of the units and individuals involved according to relevant rules. Related units and individuals shall fully cooperate.
If it is ascertained that the frozen property is irrelevant to the case, it shall be unfrozen within three days of the facts having been found out, and returned to such units or individuals.
Article 24 A supervisory body may search the investigated individual suspected of duty-related crimes and other individuals who may conceal the investigated individual or evidence about his or her crime, and their objects, domiciles and other related places. When a search is carried out, the search warrant shall be shown, and the investigated individual or his or her family member, or other eyewitness shall be present on the site.
The body of a female shall be searched by a female functionary.
To carry out a search, the supervisory body may solicit cooperation from the public security organ, depending on its work needs.
......
According to the Decision of the Standing Committee of the National People's Congress on Amending the Supervision Law of the People's Republic of China (Order of the President of the People’s Republic of China No. 42), this document has been revised.
Supervision Law of the People's Republic of China
Order of the President of the People's Republic of China No.3
March 20, 2018
The Supervision Law of the People's Republic of China, adopted at the first session of the 13th National People's Congress of the People's Republic of China on March 20, 2018, is hereby promulgated and takes effect immediately from the issue date.
President of the People's Republic of China Xi Jinping
Supervision Law of the People's Republic of China
(Adopted at the first session of the 13th National People's Congress of the People's Republic of China on March 20, 2018)
Chapter I General Provisions
Chapter II Supervisory Bodies and Their Duties
Chapter III Supervision Scope and Jurisdiction over Supervision
Chapter IV Supervisory Authorities
Chapter V Supervisory Procedures
Chapter VI International Cooperation in Anti-corruption
Chapter VII Regulation of Supervisory Bodies and Supervisors
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 To deepen reform in the country's supervision system, strengthen regulation of all functionaries that exercise public power, enable the national supervision to cover all aspects, advance the anti-corruption work in a deep-going manner, and promote the modernization of the state governance system and governance capacity, the Supervision Law of the People's Republic of China is formulated in accordance with the Constitution.
Article 2 A centralized, unified, authoritative and effective national supervision system with Chinese characteristics will be established, under the leadership of the Communist Party of China over the national supervision work and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important "Three Represents" thought, Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.
Article 3 All levels of supervisory commissions, as organs specifically responsible for exercising the state's supervisory functions, shall supervise all functionaries exercising public power (hereinafter referred to as the "functionaries"), investigate duty-related violations and crimes, conduct the construction of clean governance and anti-corruption work, and uphold the authority of the Constitution and laws, in accordance with this Law.
Article 16 A supervisory body shall, within its administrative authority, be responsible for supervisory matters regarding the personnel specified in Article 15 herein within the local jurisdiction.
A superior supervisory organ may handle supervisory matters that are under the supervision of a supervisory body at a lower level, and may, when necessary, handle such matters that are under the jurisdiction of supervisory bodies of all lower levels subordinate to it.
Where a dispute over jurisdiction arises between supervisory bodies, the jurisdiction shall be determined by a supervisory body that is superior to both of them.
Article 17 A superior supervisory body may designate its subordinate supervisory body to handle supervisory matters under its jurisdiction, or let another supervisory body handle the supervisory matters under the jurisdiction of its subordinate supervisory body.
Where a supervisory body holds that the supervisory matter under its jurisdiction is significant and complicated, and thus it needs to have it handled by its superior supervisory body, it may apply to have it handled by its superior supervisory body.
Chapter IV Supervisory Authorities
Article 18 Supervisory bodies have the right to ask for information and collect and access evidence, from related units and individuals according to the law, when exercising their supervisory and investigatory power. Related units and individuals shall provide truthful information.
Regarding state secrets, trade secrets and individual privacy learnt in the course of supervision and investigation, supervisory bodies as well as their functionaries shall keep them confidential.
Any unit or individual shall not forge, conceal or destroy evidence.
Article 19 In terms of a target under supervision who is likely involved in duty-related violations, the supervisory body shall, within its administrative authority, have a talk directly or entrust the related organ and personnel to have a talk with such target, or require him or her to give explanations.
Article 20 When an investigation is ongoing, a supervisory body may request the investigated individual suspected of having duty-related violations to make statements on the suspected violations, and may issue a written notice to the investigated individual where necessary.
The supervisory body may interrogate an investigated individual who is suspected of committing a duty-related crime, such as embezzlement, acceptance of bribes, neglect of duties, or malpractice, requiring him or her to provide truthful information on the suspected crime.
Article 21 A supervisory body may question witnesses and other personnel during the investigation.
Article 22 Where an investigated individual is suspected of serious duty-related violations or crimes, such as embezzlement, acceptance of bribes, neglect of duties and malpractice, and the supervisory body has mastered some information about his or her violations or crimes and obtained evidence in this regard, such individual may be detained at a certain place upon review and approval of the supervisory body, under any of the following circumstances, if there is a need to launch further investigations into certain important issues,
1. Where the case is significant and complicated;
2. Where the suspect is likely to escape or commit suicide;
3. Where the suspect is likely to collude with others or forge, conceal or destroy evidence; or
4. Where the suspect may commit any other act that impedes the investigation.
In the case of an individual who is suspected of the crime of offering bribes or joint involvement in a duty-related crime, the supervisory body may take measures to have him or her detained in accordance with the provisions specified in the preceding paragraph.
The setup, management and supervision of the detention places shall be subject to applicable rules of the State.
Article 23 When investigating suspected serious duty-related violations or crimes, such as embezzlement, acceptance of bribes, neglect of duties, and malpractice, a supervisory body may, depending on its work needs, inspect and freeze the deposits, remittances, bonds, stocks, fund units and other property of the units and individuals involved according to relevant rules. Related units and individuals shall fully cooperate.
If it is ascertained that the frozen property is irrelevant to the case, it shall be unfrozen within three days of the facts having been found out, and returned to such units or individuals.
Article 24 A supervisory body may search the investigated individual suspected of duty-related crimes and other individuals who may conceal the investigated individual or evidence about his or her crime, and their objects, domiciles and other related places. When a search is carried out, the search warrant shall be shown, and the investigated individual or his or her family member, or other eyewitness shall be present on the site.
The body of a female shall be searched by a female functionary.
To carry out a search, the supervisory body may solicit cooperation from the public security organ, depending on its work needs.
......