Attached:

"People's Republic of China (PRC) Supervision Law (Draft)" is open to the public for comments.

(2065438+June 2007, the 28th session of the 12th the NPC Standing Committee)

The 28th meeting of the 12th the National People's Congress Standing Committee (NPCSC) reviewed the Supervision Law of People's Republic of China (PRC) (Draft). The draft of "People's Republic of China (PRC) Supervision Law" has been published on the website of China People's Congress. The public can directly log on to China People's Congress Network (www.npc.gov.cn) and put forward their opinions, or send them to the Legislative Affairs Commission of the National People's Congress Standing Committee (NPCSC) (No.1 Qianmen West Street, Xicheng District, Beijing, 100805). Please indicate the draft supervision law on the envelope for comments). Deadline for soliciting opinions: 20 17 12.6.

Chapter I General Principles

Article 1 This Law is formulated with a view to promoting the overall rule of law, achieving full coverage of state supervision and deepening anti-corruption work.

Article 2 Adhere to the Communist Party of China (CPC)'s leadership over state supervision, build a national supervision system with China characteristics, establish a centralized, unified, authoritative and efficient anti-corruption system, strengthen the self-supervision of the party and the state, and promote the modernization of the national governance system and governance capacity.

Article 3 Supervisory organs shall, in accordance with this Law, supervise public officials who exercise public power, investigate job-related violations and job-related crimes, so that public power is always under the supervision of the people and used for the benefit of the people.

Article 4 State supervision work shall adhere to the Constitution and laws, take facts as the basis and take laws as the criterion; Equal rights and responsibilities, strict supervision; Combining punishment with education, combining leniency with severity. Adhere to both the symptoms and root causes, maintain a high-pressure situation, form a continuous shock, and strengthen the fear of corruption; Deepen reform, improve the rule of law, effectively restrict and supervise power, and strengthen the building of a clean government; Strengthen ideological and moral education and the rule of law, carry forward excellent traditional culture, and strengthen anti-corruption.

Chapter II Supervisory Organs

Article 5 The supervisory commission of the People's Republic of China is the highest state supervisory organ.

Provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall set up supervisory committees.

Supervisory committees at all levels are specialized organs that exercise state supervisory functions.

Article 6 The supervisory commission of the People's Republic of China is elected by the National People's Congress and is responsible for state supervision.

The supervisory commission of the People's Republic of China consists of the chairman, vice-chairmen and members. The chairman is elected by the National People's Congress, and the vice-chairmen and members are proposed by the chairman of the Supervision Commission of the People's Republic of China and appointed and removed by the NPC Standing Committee.

The term of office of the supervisory commission of the People's Republic of China is the same as that of the National People's Congress.

The supervisory commission of the People's Republic of China is responsible to the National People's Congress and its Standing Committee and accepts supervision.

Article 7 Local supervisory committees at or above the county level are produced by the people's congresses at the corresponding levels and are responsible for the supervision work within their respective administrative areas.

Local supervisory committees at or above the county level are composed of chairmen, vice-chairmen and members. The chairman is elected by the people's congress at the corresponding level, and the vice-chairmen and members are appointed and removed by the chairman of the supervision Committee of the Standing Committee of the people's congress at the corresponding level.

The term of office of local supervisory committees at or above the county level is the same as that of the people's congresses at the corresponding levels.

Local supervisory committees at or above the county level are responsible to the people's congresses at the corresponding levels, their standing committees and supervisory committees at the next higher level, and accept supervision.

Article 8 The supervisory commission of the People's Republic of China shall lead the work of local supervisory commissions at all levels, and the supervisory commission at a higher level shall lead the work of the supervisory commission at a lower level.

Article 9 Upon approval, supervisory committees at all levels may send supervisory organs and ombudsmen to party organs, state organs, organizations, units in charge of public affairs and administrative regions under their jurisdiction, and supervisory organs and ombudsmen shall be responsible for the supervisory organs sent.

Article 10 Supervisory organs independently exercise supervisory power according to law, and no organization or individual may refuse, obstruct or interfere with supervisory personnel in performing their duties according to law, nor may they take revenge.

If the supervisory organ needs the assistance of the relevant organs and units in its work, it shall, according to the requirements of the supervisory organ, provide assistance within the scope of its functions and powers according to law.

Article 11 A supervisor is a supervisor who exercises supervisory power according to law. The state implements the system of supervisors and formulates the methods for the establishment, evaluation and promotion of supervisors.

Chapter III Scope of Supervision

Twelfth supervisory organs in accordance with the management authority to supervise the following public officials:

(a) China * * * Party organs, people's congresses, administrative organs, CPPCC organs, supervisory organs, judicial organs, procuratorial organs, democratic parties, industrial and commercial associations, and personnel managed with reference to the Civil Service Law of People's Republic of China (PRC);

Personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs according to law to manage public affairs;

(3) managers of state-owned enterprises;

(four) personnel engaged in management in public education, scientific research, culture, medical and health, sports and other units;

(five) personnel engaged in the management of collective affairs in grassroots mass autonomous organizations;

(6) Other persons who perform public duties according to law.

Article 13 A supervisory organ at a higher level may handle supervisory matters within the jurisdiction of a supervisory organ at a lower level or, when necessary, within the jurisdiction of supervisory organs at all levels under its jurisdiction.

Disputes between supervisory organs over supervisory matters shall be decided by the supervisory organ at the next higher level.

Article 14 A supervisory organ at a higher level may entrust the supervisory matters under its jurisdiction to a supervisory organ at a lower level, or entrust the supervisory matters under the jurisdiction of a supervisory organ at a lower level to other supervisory organs.

If the supervisory organ thinks that the supervisory matters under its jurisdiction are significant and complicated and need to be under the jurisdiction of the supervisory organ at a higher level, it may request to be transferred to the superior supervisory organ for jurisdiction.

Chapter IV Supervisory Duties

Fifteenth supervisory organs shall exercise their supervisory power according to law, and their main duties are:

(a) to safeguard the Constitution and laws and regulations;

(two) to supervise public officials to exercise public power according to law, and to investigate and deal with job-related violations and job-related crimes;

(three) to carry out the construction of a clean government and anti-corruption work.

The duties of supervisory organs are supervision, investigation and disposal.

Article 16 supervision. Supervisory organs shall supervise and inspect public officials' performance of their duties according to law, fair use of their rights, honesty in politics and integrity in performing their duties.

Article 17 Investigation. The supervisory organ investigates the illegal acts and crimes of duty suspected of corruption and bribery, abuse of power, dereliction of duty, power rent-seeking, interest transfer, favoritism and malpractice, and waste of state-owned assets.

Article 18 Disposal. The supervisory organ shall, in accordance with relevant laws, make a decision on administrative sanctions against illegal public officials; Put forward supervision suggestions on the problems existing in the exercise of functions and powers; Accountability for leaders who fail to perform their duties and dereliction of duty; For those suspected of duty crimes, the investigation results shall be transferred to the procuratorial organs for public prosecution according to law.

Article 19. According to the authorization, the dispatched supervision institutions shall supervise the public officials of relevant organs, organizations, units and administrative regions according to law and put forward supervision suggestions; According to the management authority, investigate and deal with public officials suspected of violating the law, and make administrative punishment decisions.

Chapter V Supervision Institutions

Twentieth supervisory organs exercise their functions and powers and have the right to collect and obtain evidence from relevant units and individuals according to law. The relevant units and individuals shall truthfully provide evidence.

Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential.

Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.

Twenty-first supervisory organs, according to their management authority, may directly or entrust relevant organs and personnel to talk and remind, criticize and educate, order inspection or admonish minor public officials who may violate their duties.

Article 22. The supervisory organ may require the person under investigation to make a statement on the illegal act, and shall issue a written notice to the person under investigation when necessary.

The supervisory organ may interrogate the investigated person suspected of corruption, bribery, dereliction of duty and other duty crimes and ask him to confess the suspected crimes.

Twenty-third in the process of investigation, the supervisory organ may question witnesses and other personnel.

Article 24 If the person under investigation is suspected of serious duty-related violations or duty-related crimes such as corruption and bribery, dereliction of duty and dereliction of duty, and the supervisory organ has mastered some facts and evidence of illegal crimes, and there are still important issues that need further investigation, under any of the following circumstances, it may be retained in a specific place with the approval of the supervisory organ according to law:

(a) involving major and complex cases;

(two) may escape or commit suicide;

(three) may collude or forge, destroy, transfer or conceal evidence;

(four) there may be other acts that hinder the investigation.

The supervisory organ may, in accordance with the provisions of the preceding paragraph, take lien measures against persons involved in bribery crimes or crimes committed by the same post.

Article 25 When investigating serious job-related violations or job-related crimes such as corruption and bribery, dereliction of duty and dereliction of duty, the supervisory organ may, according to the needs of work, inquire about and freeze deposits, remittances, bonds, stocks, fund shares and other properties of the units and individuals involved in the case in accordance with regulations. The relevant units and individuals shall cooperate.

Article 26 The supervisory organ may search the body, articles, residence and other relevant places of the person under investigation who is suspected of committing a duty crime and the person who may hide the investigated person or criminal evidence. When searching, a search warrant shall be issued and witnesses such as the searched person or his family members shall be present.

When conducting a search, the supervisory organ may, according to the needs of the work, request the public security organ to cooperate. The public security organ shall provide assistance according to law.

Article 27 In the course of investigation, the supervisory organ may seal up or detain the property and documents used to prove that the person under investigation is suspected of violating the law and committing crimes. The original materials shall be collected, photographed, registered and numbered face to face with the holder or custodian or witness, and a list shall be made, which shall be checked and signed by the personnel present, and a copy of the list shall be handed over to the holder or user of the property or document.

The supervisory organ shall set up a special account and place for the seized and detained property and documents, which shall be properly kept by a special person, strictly perform the handover procedures, check and verify them regularly, and shall not be damaged or used for other purposes. Items of unknown value should be identified in time and specially sealed.

Article 28 In the course of investigation, the supervisory organ may directly or appoint or hire personnel with special knowledge and qualifications to conduct an inquest, inspection and appraisal under the auspices of the investigators, and form a record of opinions on the inquest and appraisal, which shall be signed or sealed by the personnel and witnesses who participated in the inquest and appraisal.

Twenty-ninth supervisory organs in the investigation of suspected major corruption, bribery, dereliction of duty and other duty crimes, according to the needs, to perform strict examination and approval procedures, can take technical investigation measures, in accordance with the provisions of the relevant authorities. The approval decision shall specify the types and applicable objects of technical investigation measures and shall be valid for three months from the date of promulgation; For complex and difficult cases, if technical investigation measures need to be taken after the expiration of the time limit, the validity period may be extended after approval, and each time shall not exceed three months.

Article 30 If the person under investigation is at large, the supervisory organ may decide that he is wanted within his administrative area, and the public security organ shall issue a wanted order to pursue and bring him to justice. If the wanted range is beyond the administrative area, it shall be reported to the supervisory organ at a higher level that has the right to decide.

Article 31. With the approval of the supervisory organ at or above the provincial level, the supervisory organ may take measures to restrict the exit of the investigated person and relevant personnel, which shall be implemented by the public security organ according to law. Those who do not need to continue to take exit restrictions shall be lifted in time.

Article 32 The person under investigation voluntarily pleads guilty and admits punishment, voluntarily surrenders himself, sincerely repents, actively cooperates with the investigation, truthfully confesses the illegal and criminal acts that have not been mastered by the supervisory organ, actively returns stolen goods to reduce losses, has made significant meritorious service, or the case involves major national interests. After collective study by the supervisory organ and approval by the supervisory organ at the next higher level, suggestions for lighter or mitigated punishment may be put forward when transferred to the procuratorial organ.

Article 33 If a suspect of a duty crime actively reports or exposes the duty crime of the person under investigation, or provides important clues or important testimony, the supervisory organ may, when transferring it to the procuratorial organ, put forward suggestions for a lighter or mitigated punishment upon the collective study and approval of the supervisory organ at the next higher level.

Article 34 Evidence materials collected by supervisory organs in accordance with the provisions of this Law, such as physical evidence, documentary evidence, witness testimony, statements and excuses of respondents, audio-visual materials and electronic data, may be used as evidence in criminal proceedings.

When collecting, fixing, examining and using evidence, the supervisory organ shall meet the requirements and standards of evidence in criminal trials.

Evidence collected by illegal methods shall be excluded according to law and shall not be used as the basis for handling cases.

Article 35 In the course of their work, judicial organs, procuratorial organs, public security organs, auditing organs and other state organs find clues that public officials are suspected of corruption, bribery, dereliction of duty and other job-related violations or job-related crimes, and they shall be transferred to supervisory organs, which shall investigate and handle them according to law.

If the person under investigation is suspected of serious duty violations or duty crimes, the supervisory organ shall take the lead in the investigation and other organs shall provide assistance.

Chapter VI Supervision Procedures

Thirty-sixth supervisory organs should carry out their work in strict accordance with the procedures, and the departments dealing with clues, investigations and trials should establish a working mechanism of mutual coordination and mutual restraint. The supervisory organ shall strengthen the supervision and management of the whole process of investigation and disposal, and set up corresponding departments to perform management and coordination functions such as clue management, supervision and inspection, supervision and handling, and statistical analysis.

Thirty-seventh supervisory organs shall, in accordance with the relevant provisions, put forward opinions on handling the clues of the objects under supervision, perform the examination and approval procedures, and deal with them in a classified manner. Clue disposal should be summarized and notified regularly, and checked and assessed regularly.

Thirty-eighth supervisory organs to take the way of preliminary verification to deal with clues, should perform the examination and approval procedures in accordance with the law, set up a verification team. After preliminary verification, the verification team shall write a preliminary verification report and make recommendations. The undertaking department shall put forward opinions on classified treatment. The preliminary nuclear report and classified treatment opinions shall be submitted to the main leaders of the supervisory organ for examination and approval.

Thirty-ninth after preliminary verification, the suspected illegal and criminal acts need to be investigated for legal responsibility, and the supervisory organ shall go through the formalities of filing a case in accordance with the prescribed authority and procedures.

The main leaders of the supervisory organ shall examine and approve the filing report according to law, preside over a special meeting, study and determine the investigation plan, and decide the investigation measures that need to be taken.

The decision to initiate an investigation shall be announced to the respondent and the relevant organizations shall be notified. Serious violations of the law or suspected crimes shall be notified to the family members of the person under investigation and made public.

Article 40 A supervisory organ shall investigate cases of duty-related violations and duty-related crimes, collect and obtain evidence of whether the person under investigation has committed a crime and the seriousness of the case, and find out the facts of the crime.

Supervisory organs carry out investigations according to law, and when supervisory personnel take investigation measures such as interrogation, inquiry, lien, search, transfer, seizure, seizure and inspection, they shall show their certificates in accordance with the regulations, issue a written notice, and be conducted by two or more people to form written materials such as transcripts or reports and opinions, which shall be signed and sealed by the relevant personnel.

Important issues in the process of investigation shall be reported according to procedures after collective research.

Forty-first supervisory organs below the provincial level shall adopt lien measures, which shall be decided by the collective leadership of the supervisory organs and reported to the supervisory organs at the next higher level for approval. When the provincial supervisory organ decides to take lien measures, it shall report to the supervisory committee of the People's Republic of China and the supervisory committee of China for the record. After taking the lien measures, unless the investigation is hindered, the unit or family members of the detained person shall be notified within 24 hours.

When the supervisory organ takes lien measures, it may request the public security organ to cooperate according to the needs of the work. The public security organ shall provide assistance according to law.

The supervisory organ shall ensure the food and rest of the detainees and provide medical services. Interrogation of a detained person shall reasonably arrange the time and duration of interrogation, and the interrogation record shall be read and signed by the interrogated person.

The detention period shall not exceed three months. Under special circumstances, the supervisory organ that decides to take lien measures shall report to the supervisory organ at the next higher level for approval, which may be extended once, and the extension time shall not exceed three months.

If a detainee is transferred to a judicial organ for suspected crime and sentenced to public surveillance, criminal detention or fixed-term imprisonment according to law, the detention period shall be reduced to fixed-term imprisonment. One day of detention counts as two days of public surveillance, and one day of criminal detention and fixed-term imprisonment.

Forty-second supervisory organs collect and identify evidence according to law, forming a complete, stable and mutually corroborating evidence chain. It is strictly forbidden to collect evidence by threats, temptations, deception or other illegal means, and it is strictly forbidden to insult, abuse, abuse, corporal punishment or corporal punishment in disguised form.

When conducting interrogation and collecting, sealing up or detaining important evidence, investigators shall record and video the whole process and keep it for future reference.

Investigators shall strictly implement the investigation plan, and shall not expand the scope of investigation or change the objects and items of investigation without authorization.

Forty-third supervisory organs according to the results of supervision and investigation, according to the law to make the following disposal:

(1) handling. Make disciplinary decisions such as warning, demerit recording, gross demerit recording, demotion, dismissal and expulsion. Public officials who violate the law shall be dealt with according to legal procedures.

(2) Suggestions. Put forward supervision suggestions on the problems existing in the construction of a clean government and the performance of duties in the unit where the object of supervision is located.

(3) accountability. Those who fail to perform or perform their duties incorrectly shall make an accountability decision directly to the responsible leader according to their authority, or put forward accountability suggestions to the organ that has the right to make accountability decisions.

(4) Transfer for prosecution. If a public official is suspected of committing a duty crime, the supervisory organ, after investigation, thinks that the facts of the crime are clear and the evidence is indeed sufficient, and puts forward the prosecution opinion, together with the investigated person, the case file and the evidence, and transfers it to the procuratorial organ for prosecution according to law, and the procuratorial organ takes compulsory measures against the transferred person according to law.

Article 44 After investigation, the supervisory organ shall confiscate, recover or order restitution of illegal income according to law. The property obtained from a suspected crime shall be transferred with the case when it is transferred to the procuratorial organ for prosecution according to law.

Article 45 If the procuratorial organ considers that the facts of the crime have been ascertained and the evidence is really sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution. If the procuratorial organ considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary. If the evidence is insufficient, the circumstances of the crime are minor or there are no criminal facts, the opinions of the supervisory organ shall be sought and reported to the higher procuratorial organ for approval, and a decision not to prosecute shall be made according to law. If the supervisory organ thinks that the decision not to prosecute is wrong, it may request reconsideration.

Forty-sixth major duty crime cases such as corruption, bribery, dereliction of duty, etc., where the person under investigation escapes, disappears or dies, and it is considered necessary to continue the investigation with the approval of the supervisory organ at or above the provincial level, it shall continue the investigation and make a conclusion. If the person under investigation escapes, disappears, is wanted for more than one year, fails to appear in court or dies, the supervisory organ shall request the procuratorial organ to set up procedures according to law and confiscate the illegal income.

Article 47 If the supervised person refuses to accept the decision of the supervisory organ on his own handling, he may lodge a complaint according to law. During the complaint handling, the execution of the handling decision shall not be stopped. If the appeal acceptance organ examines and determines that the decision on handling is wrong, the original handling organ shall promptly correct it.

Chapter VII International Cooperation against Corruption

Article 48 The supervisory commission of the People's Republic of China organizes the implementation of international anti-corruption treaties and coordinates international anti-corruption exchanges and cooperation with other countries, regions and international organizations.

Article 49 The supervisory commission of the People's Republic of China shall, in accordance with bilateral and multilateral anti-corruption international treaties, improve its mechanism, organize and coordinate relevant parties to strengthen cooperation with relevant countries, regions and international organizations in the fields of anti-corruption law enforcement, extradition, judicial assistance, transfer of sentenced persons, asset recovery and information exchange.

Article 50 The supervisory commission of the People's Republic of China shall strengthen the organization and coordination of international anti-corruption pursuit and recovery work, and urge relevant units to do relevant work:

(a) corruption, bribery, dereliction of duty and other major crimes. If the person under investigation has fled abroad and the supervisory organ has more conclusive evidence, it shall take effective measures such as submitting a notification to Interpol to pursue him and bring him to justice;

(2) Asking the country where the stolen money is located to inquire, freeze, detain, confiscate, recover and return the assets involved;

(3) Inquiring and monitoring the entry, exit and cross-border capital flow of public officials suspected of duty crimes and their related personnel, and setting up escape prevention procedures in the process of investigating cases.

Chapter VIII Supervision of Supervisory Organs and Supervisors

Article 51 supervisory organs shall accept the supervision of the people's congresses at the corresponding levels and their standing committees.

The standing committees of people's congresses at various levels may hear and consider the special work reports of supervisory organs at the corresponding levels and organize law enforcement inspections.

When the people's congresses at or above the county level and their standing committees are in session, deputies to the people's congresses or members of the standing committees may, in accordance with the procedures prescribed by law, ask questions or questions about relevant issues in supervision.

Article 52 In exercising their functions and powers, supervisory organs shall strictly abide by the relevant provisions of this Law and other laws, and cooperate and restrict with judicial organs to ensure the accurate and effective implementation of laws.

Fifty-third supervisory organs shall disclose the information of supervision work according to law and accept democratic supervision, social supervision and public opinion supervision.

Article 54 Supervisory organs shall strengthen supervision over supervisors' performance of duties and compliance with laws, and build a loyal and clean supervisory team.

Article 55 Supervisors must abide by the Constitution and laws, be loyal to their duties, enforce the law impartially, be honest and keep secrets. Must have good political quality, be familiar with the supervision business, have the ability to use laws, regulations, policies and investigation and evidence collection, and consciously accept supervision.

Article 56 If the supervisor inquires, asks questions or mediates a case, the trustee shall report it in time and register it for the record.

If it is found that the supervisory personnel handling the supervision matters have contacted the investigated person, the persons involved in the case and their specific related persons without approval, or there is communication, they shall report it in time and register for the record.

Article 57 A supervisor handling supervision matters shall withdraw under any of the following circumstances, and the supervised personnel, prosecutors and other relevant personnel also have the right to ask him to withdraw:

(1) Being a close relative of the supervised person or the prosecutor;

(2) Being the main witness;

(3) Having an interest in the supervision matters handled;

(four) other circumstances that may affect the fair handling of supervision matters.

Article 58 After leaving office, the secret-related personnel of the supervisory organ shall abide by the provisions on the management of confidentiality period, strictly perform their confidentiality obligations, and shall not disclose relevant secrets.

Within three years of resignation and retirement, supervisors shall not engage in occupations related to supervision and judicial work that may have conflicts of interest.

Fifty-ninth supervisory organs and their staff have one of the following acts, and the supervised persons and their close relatives have the right to appeal to the supervisory organs:

(a) the retention period expires and has not been lifted;

(2) sealing up, distraining and freezing the property irrelevant to the case;

(three) the measures of sealing up, distraining and freezing should be lifted but not lifted;

(four) in violation of the provisions of the occupation, misappropriation, sharing, exchange or use of sealed up, seized or frozen property.

The supervisory organ that accepts the appeal shall deal with it in time. If the complainant refuses to accept the handling, he may apply to the supervisory organ at the next higher level for review, and the supervisory organ at the next higher level shall handle it in time. If the situation is true, it should be corrected.

Article 60 If it is found through investigation that the basis for filing a case is insufficient or inaccurate, there is a major mistake in handling the case, and the person in charge seriously violates the law, the direct responsibility shall be investigated, and the responsibility of the relevant leaders shall be investigated.

Chapter IX Legal Liability

Article 61 If the relevant unit refuses to implement the decision made by the supervisory organ, or refuses to adopt the supervisory suggestions without justifiable reasons, the competent department and the higher authorities shall order it to make corrections and give informed criticism to the unit; Responsible leaders and directly responsible personnel shall be dealt with according to law.

Article 62 If the relevant personnel violate the provisions of this Law and commit any of the following acts, their units, competent departments, higher authorities or supervisory organs shall order them to make corrections and deal with them according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failing to provide relevant materials as required, refusing or obstructing the implementation of investigation measures, and refusing to cooperate with the investigation by the supervisory organ;

(2) Providing false information to cover up the truth;

(3) colluding or forging, destroying, transferring or concealing evidence;

(four) to prevent others from exposing and providing evidence;

(five) other acts in violation of the provisions of this law, and the circumstances are serious.

Article 63 Anyone who retaliates against or frames a complainant, prosecutor, witness or supervisor shall be dealt with according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Sixty-fourth supervisory organs and their staff have one of the following acts, which shall be dealt with according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) without approval, unauthorized disposal of clues, or unauthorized retention and handling of materials involved;

(2) interfering in the investigation by taking advantage of the influence of authority or position to seek personal gain by taking advantage of the case;

(three) illegal theft, disclosure of investigation information, or disclosure of reporting matters, reporting acceptance and informer information;

(4) extorting confessions or inducing confessions by torture, or insulting, beating, abusing, corporal punishment or corporal punishment in disguised form;

(5) Seizing or confiscating property in violation of regulations;

(six) a safety accident occurred in violation of regulations, or after the safety accident occurred, it was concealed and mishandled;

(seven) there are other acts of abuse of power, dereliction of duty, favoritism.

Article 65 If supervisory organs and supervisors exercise their functions and powers and infringe upon the lawful rights and interests of citizens, legal persons and other organizations, causing damage, they shall make compensation according to law.

Chapter X Supplementary Provisions

Article 66 The relevant provisions of this Law can be applied to the supervision work of the relevant departments of the China People's Liberation Army and the Chinese People's Armed Police Force.

Article 67 This Law shall come into force on 1 month 1 day, 2004. The Administrative Supervision Law of the People's Republic of China shall be abolished at the same time.