Chapter 1 General Provisions Article 1 In order to ensure that the supervisory organs investigate and handle political and disciplinary cases in a standardized manner and to investigate and handle political and disciplinary cases correctly and promptly in accordance with the law, these Measures are formulated in accordance with the "Regulations of the People's Republic of China on Administrative Supervision" . Article 2 These Measures shall apply to supervisory agencies investigating and handling political and disciplinary cases involving state administrative agencies, their staff, and other personnel appointed by state administrative agencies. Article 3: Supervisory agencies investigate and handle political and disciplinary cases in accordance with national laws, regulations and policies, and are not subject to interference by other administrative agencies, social groups and individuals. Article 4: The investigation and handling of political and discipline cases must be based on facts and based on laws, regulations and policies. Everyone is equal in the application of laws and political disciplines. Article 5: When investigating and handling political and disciplinary cases, adhere to the principles of combining administrative supervision with mass supervision, combining supervision with improvement work, and combining punishment with education. Article 6: When investigating and handling political and disciplinary cases, the facts must be clear, the evidence is conclusive, the characterization is accurate, the handling is appropriate, and the procedures are legal. Article 7: The investigation and handling of political and disciplinary cases shall strictly abide by state confidentiality regulations. Chapter 2 Case Filing Article 8 Supervisory agencies shall, in accordance with the provisions of Chapter 3 of the "Regulations of the People's Republic of China on Administrative Supervision" on the jurisdiction of supervisory agencies at all levels, respectively accept the following cases involving state administrative agencies and their staff and state administrative agencies Clues and materials on the illegal and disciplinary behavior of other appointed personnel:
(1) Reported and accused by citizens, legal persons or other organizations;
(2) Assigned by superior authorities;
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(3) Transferred by relevant authorities;
(4) Self-reported by the perpetrator;
(5) Discovered by the supervisory authority.
If the perpetrator and the person reporting or accusing make oral statements, the supervisory authority shall make a transcript. After verification, it shall be signed or sealed by the person making the statement; it may be recorded if necessary. Article 9 To accept clues and materials regarding violations of laws and disciplines, an acceptance registration form shall be filled in, and a preliminary review shall be conducted after approval by the person in charge of the supervisory authority. Article 10 After the preliminary examination, a preliminary examination report shall be written, and upon approval by the person in charge of the agency, the following handling shall be carried out: (1) It is believed that the facts of violation of laws and disciplines do not exist, or that although there are facts of violations of laws and disciplines, , but the circumstances are obviously minor and do not require administrative sanctions, the matter shall be settled;
(2) It is believed that although there are facts of violation of laws and disciplines, no administrative sanctions are required, but administrative sanctions should be dealt with by other administrative authorities in accordance with the law. If it is believed that there are violations of laws and disciplines, administrative sanctions must be imposed File a case. Article 11 For important and complex cases, the supervisory authority may jointly file the case with relevant government departments. Article 12 If it is decided to open a case for investigation, the unit under investigation and its superior authority or the person under investigation and his/her unit shall be notified. Exceptions will be made if it hinders the investigation or cannot be notified. Article 13: When a supervisory authority files an important case, it shall report it to the people's government at the same level and the supervisory authority at the next higher level for filing.
If the agency accepting the filing does not raise any objection within fifteen days, it will be deemed to have been agreed. If the people's government accepting the filing disagrees with the supervisory authority that submitted the filing, the decision shall be made by the supervisory authority at the higher level of the supervisory authority. Article 14 Political and disciplinary cases shall be concluded within six months after they are filed. If the case-handling period needs to be extended due to special reasons, it must be approved by the person in charge of the case-handling agency and reported to the supervisory authority at the next higher level for record, but it shall not exceed one year at the latest. If a case assigned by a superior authority cannot be concluded as scheduled, the reason shall be explained to the assigning authority. Article 15 If a case-handling personnel of the supervisory organ falls under any of the following circumstances, he or she shall recuse themselves; the person under investigation, the reporter, the accuser, and citizens, legal persons or other organizations with an interest in the case have the right to apply for their recusal:
(1) The person under investigation or the close relative of the person who reported or accused the case;
(2) The person or close relative has an interest in the case;
( 3) Having other relationships with the person under investigation or the reporter or accuser, which may affect the fair handling of the case.
The recusal of the person in charge of the supervisory organ shall be decided by the person in charge of supervision work of the people's government where he or she is located or the person in charge of the supervisory organ at the next higher level; the recusal of other case-handling personnel shall be decided by the person in charge of the supervisory organ.
Before a decision is made on the recusal of the case handler, the case handler cannot stop investigating the case.
For the decision to reject the application for recusal, the person under investigation, the informant, the accuser and relevant citizens, legal persons or other organizations may apply for reconsideration once. Chapter 3 Investigation Article 16 After a political and disciplinary case is filed, an investigation plan shall be formulated. The investigation plan mainly includes the composition of the investigators; the problems and clues that should be identified; investigation steps, methods and measures, etc. Article 17: All facts that can prove the initial circumstances of a case are evidence. There are the following types of evidence:
(1) Documentary evidence;
(2) Physical evidence;
(3) Witness testimony;
(4) Statements and excuses of the person under investigation;
(5) Audio-visual materials;
(6) Identification conclusions;
(7) Inspection, Check the transcript.
The above evidence must be verified to be true before it can be used as the basis for finalizing the case. Article 18: Supervisory agencies shall collect evidence comprehensively and objectively in accordance with the law. All kinds of evidence that can prove that the person under investigation has committed any violation of laws and disciplines or has not committed any violations of laws and disciplines, as well as the seriousness of the violation of laws and disciplines, should be collected.
It is strictly prohibited to collect evidence through threats, inducement, deception and other illegal means.