People's Republic Of China On Administrative Supervision Law

Original Language Title: 中华人民共和国行政监察法

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  Standing Committee of the national people's Congress on revising the People's Republic of China on administrative supervision law decision

(June 25, 2010, adopted at the 15th session of the Standing Committee of the 11th NPC)

People's Republic of China order of the President of the 31st

The Standing Committee of the national people's Congress to amend of People's Republic of China on administrative supervision law, the decision has been made by People's Republic of China Standing Committee of the 11th National People's Congress adopted at the 15th meeting, on June 25, 2010, are hereby promulgated and come into force on October 1, 2010.

People's Republic of China President Hu Jintao

The June 25, 2010

The 15th meeting of the Standing Committee of the 11th NPC decisions of the People's Republic of China on administrative supervision law as follows: First, the article is changed to: "is the people's government supervisory organs exercise supervisory functions of the authority, in accordance with the law on State administration and civil servants and other personnel appointed by State administrative organs exercise supervision.

” Bis, fifth amendment: "surveillance, education shall be punished, and combined with the system of supervision and inspection.

” Third, will be the sixth amended as: "the supervisory work should rely on the masses. Supervisory organs established a reporting system, citizens, legal persons or other organizations for any organ of State administration and the civil servants and other personnel appointed by State administrative organs, acts of administrative discipline violations, right to file a complaint with the supervisory organ or Prosecutor. The supervisory organ shall receive reports and investigation according to law; real name report, shall be the processing result back.

” Addition of a paragraph, as the second paragraph: "tipoff, report accepted by the supervisory organization should, as well as confidentiality of information associated with the informer, protect the legitimate rights and interests of the source, and the specific measures formulated by the State Council.

” Four, the eighth article is changed to: "monitor the authorities sent the bodies or supervisory personnel, supervisory Department responsible and reports on its work. Watchdog to send supervisory organs and supervisory personnel centrally manage, sent inspectors to implement the Exchange System.



Five, the 18th is revised as follows: "monitoring bodies to monitor the efficiency of law enforcement, the independent Commission against corruption, to monitor the situation, carry out the following functions:

"(A) check the State administrative organs ' adherence to and enforcement of laws, regulations, and decisions and orders of the people's Government of the problem;

"(B) admissibility of State administrative organs and their civil servants and other personnel appointed by State administrative organs of administrative discipline violations complaints or accusations;

"(C) the investigation and handling of State administrative bodies and civil servants and other personnel appointed by State administrative organs acts that violate administrative discipline;

"(D) the national administrations civil servants and other personnel appointed by State administrative organs appealed against the complaints of the competent administrative authorities shall give the decision, as well as other provisions of laws and administrative regulations by the supervisory authority of appeals filed; "(E) stipulated by laws, administrative regulations, supervisory organs fulfil other duties.

” Addition of a paragraph, as the second paragraph: "the supervisory organs in accordance with the provisions of the State Council, organization and coordination, inspection and guidance of open work and correct unhealthy tendencies in the work of public interest.

” Article VI will be the 22nd is revised as follows: "the supervisory organs in handling a case of violation of administrative discipline, may request relevant administrative departments or agencies to assist.

” Addition of a paragraph, as the second paragraph: "was drawn to assist administrative departments, agencies shall, in accordance with the monitoring of organ's requests for assistance in dealing with issues and requirements, within the terms of reference of the assistance.



Seven of the 23rd article two, as the sixth to seventh: "(vi) needs to order the public apology and suspended, resigned, to order the resignation, removal from Office, such as accountability;

"(VII) needs to perfect the system of honest and diligent." Eight, add one, as the 27th: "supervisory organs shall disclose the information about the supervision work.

” Article nine, the 35th to 36th, modified to: "monitor decisions or recommendations should be in writing and served on the entities or persons.



Addition of a second paragraph, as the second to third paragraph: "the supervisory organ disciplined for breach of administrative discipline made the decision, by the personnel department or other relevant departments according to the personnel management in government permission to perform. "Government personnel department in charge or relevant departments shall monitor the authority to dispose of supervisory decisions and their implementation of the relevant material in the disciplinary files of.

” Ten, add one, as the 46th: "leak reported tipoff, entertained, as well as information associated with the informer, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

” Cheung added, as the 50th: "supervisory organ on laws and regulations authorized by the corporate public affairs management functions of the Organization and its personnel management and State administration authorities shall delegate the conduct of public affairs activities of the Organization and its personnel engaged in official monitor, this law shall apply.



12, in this method, the "administrative punishment" is amended as "punishment", of the 15th and 16th of "public servants" is amended as "civil servants", 37th in the "civil servant" is amended as "national civil servants of administrative organs".

This decision shall take effect on October 1, 2010.

 People's Republic of China on administrative supervision law according to the terms of this decision be amended accordingly and the order adjusted accordingly, republished.

People's Republic of China on administrative supervision law

(May 9, 1997 meeting of the Standing Committee of the national people's Congress, the 25th through June 25, 2010, the 11th session of the 15th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China decision to amend the law on administrative supervision)

Chapter I General provisions

Chapter II supervisory organs and supervisory personnel

Chapter III responsibilities of supervisory organs

Supervisory organs of fourth chapter permissions

The fifth chapter monitoring procedures

The sixth chapter legal liability

The seventh chapter by-laws

Chapter I General provisions

First in order to strengthen the monitoring work to ensure government decrees to maintain administrative discipline, promoting clean government, improved administration, increase administrative efficiency, according to the Constitution, this law is enacted.

The second supervisory organ is the organ of the people's Government exercise supervisory functions, in accordance with the law on State administration and civil servants and other personnel appointed by State administrative organs exercise supervision.

Article III supervisory organs exercise their powers without interference with other administrative organs, social groups or individuals.

The fourth work must uphold seeking truth from facts, emphasis on evidence, investigation, equality in the applicable law and administrative discipline.

Fifth article surveillance, education shall be combined with punishment, and combined with the system of supervision and inspection. The sixth supervisory work should rely on the masses. Supervisory organs established a reporting system, citizens, legal persons or other organizations for any organ of State administration and the civil servants and other personnel appointed by State administrative organs, acts of administrative discipline violations, right to file a complaint with the supervisory organ or Prosecutor.

The supervisory organ shall receive reports and investigation according to law; real name report, shall be the processing result back.

Tipoff, report accepted by the supervisory organization should, as well as confidentiality of information associated with the informer, protect the legitimate rights and interests of the source, and the specific measures formulated by the State Council.

Chapter II supervisory organs and supervisory personnel

Seventh supervisory organs of the State Council in charge of the nation's surveillance.

People's government supervisory organs at and above the county level shall be responsible for the monitoring work in the administrative area, of the people's Governments at the corresponding level and supervisory organs at a higher level are responsible and report on their work, monitor the business to parent leadership.

The eighth people's government supervisory organs at or above the county level in accordance with the needs, and approved by the people's Governments at the corresponding level, can be sent to government departments or supervisors of the supervisory authorities. Monitor the authorities sent the bodies or supervisory personnel, supervisory Department responsible and reports on its work.

Watchdog to send supervisory organs and supervisory personnel centrally manage, sent inspectors to implement the Exchange System.

Nineth supervisory personnel must be disciplined, dedicated, impartial, honest, keep it a secret.

The tenth supervisory personnel must be familiar with supervisory operation and possess a corresponding educational level and professional knowledge.

11th people's government supervisory organs at and above the county level shall Chief and the appointment or removal of the Deputy leadership, drew attention to the decision, must be agreed by the supervisory organs at a higher level.

12th supervisory organs of supervisory personnel perform their duties of supervision and discipline system.

13th supervisory personnel perform their duties according to law, are protected by law.

No organization or individual may refuse or obstruct the inspectors carry out their duties according to law, or retaliate against supervisory personnel.

14th supervisory personnel to handle matters with himself or his near relative has an interest, should be avoided.

Chapter III responsibilities of supervisory organs

15th State Council supervisory organs exercise supervision over the following organs and personnel:

(A) the departments under the State Council and the civil service;

(B) other personnel appointed by the State Council and the departments under the State Council;

(C) the provincial, autonomous regional and municipal people's Governments and their leading personnel.

16th people's government supervisory organs at and above the county level over the following organs and personnel monitoring:

(A) people's Government departments and civil servants;

(B) the people's Governments at the corresponding level and the local government departments to appoint other persons;

(C) the lower level people's Governments and their leading personnel.

County, autonomous county, city not divided into districts, municipal district people's government supervisory organs of this area belongs to Township, nationality township or town government civil servants as well as townships, nationality townships, and towns people's Government for appointment of the other monitor.

17th superior supervisory organs available to the next higher supervisory organization matters under the jurisdiction if necessary can also be handled under the jurisdiction of matters within the jurisdiction of the supervisory organs at all levels.

Of jurisdiction disputes among regulatory bodies, determined by their common superior supervisory organs.

18th supervisory organ for monitoring law enforcement, good governance, monitor the effectiveness of, carry out the following functions:

(A) check the State administrative organs ' adherence to and enforcement of laws, regulations, and decisions and orders of the people's Government of the problem;

(B) admissibility of State administrative organs and their civil servants and other personnel appointed by State administrative organs of administrative discipline violations complaints or accusations;

(C) investigate and deal with State administrative bodies and civil servants and other personnel appointed by State administrative organs acts that violate administrative discipline;

(D) the national administrations civil servants and other personnel appointed by State administrative organs appealed against the complaints of the competent administrative authorities shall give the decision, as well as other provisions of laws and administrative regulations by the supervisory authority of appeals filed;

(E) laws and administrative regulations by the supervisory organs fulfil other duties.

Supervisory organs in accordance with the provisions of the State Council, organization and coordination, inspection and guidance of open work and correct unhealthy tendencies in the work of public interest.

Supervisory organs of fourth chapter permissions

19th supervisory organs perform their duties, the right to take the following measures:

(A) were monitoring the departments and personnel in connection with matters relating to the documents, materials, financial accounts, and other related materials, inspection or copying;

(B) the requirements under supervision departments and personnel matters involving the explanations and descriptions;

(C) ordering the monitoring of departments and personnel in violation of the laws, regulations and administrative disciplinary action.

20th when investigating acts of administrative discipline violations in supervisory organs, according to the actual situation and the need to take the following measures:

(A) temporary detention, sequestration can prove breach of administrative discipline of the documents, materials, financial accounts, and other related materials;

(B) the order for units and officer during the investigation of the case shall not sell or transfer case-related property;

(C) order persons suspected of violation of administrative discipline at a specified time and place made for matters involving the interpretation and description of the survey, but not subject to detention or custody in disguised form;

(D) recommends that the relevant authorities to suspend personnel suspected of serious violation of administrative discipline from performing their duties.

21st supervisory authorities in the investigation of corruption, bribery, embezzlement of administrative discipline violations, such as acts, approved by the supervisory organs above the county level leadership, you can query the case for units and officer in bank deposits or other financial institutions when necessary, may request the people's Court to take protective measures, freeze the suspects in accordance with law deposit in a bank or other financial institutions.

22nd supervisory organs in handling a case of violation of administrative discipline, may request relevant administrative departments or agencies to assist.

Was drawn to assist administrative departments, agencies shall, in accordance with the monitoring of organ's requests for assistance in dealing with issues and requirements, within the terms of reference of the assistance.

23rd supervisory organs according to the results of inspection and investigation, in the event of any of the following circumstances, recommendation of supervision:

(A) the refusal to implement the laws, regulations or violate laws, regulations, and decisions and orders of the people's Governments, which should be corrected;

(B) the people's Governments at the corresponding level and lower level people's Governments of his Department's decision, order, direction violation of law, regulation or policy of the State, which should be corrected or withdrawn;

(C) causing damage to national interest and collective interests and the legitimate rights and interests of citizens, the need for remedial measures;

(D) the decision is obviously not appropriate hiring, appointment, rewards and punishments, which should be corrected;

(E) in accordance with the provisions of relevant laws and regulations, should be given administrative punishment;

(Vi) require ordered to publicly apologize, suspended or resigned, to order the resignation, removal from Office, such as accountability;

(VII) needs to perfect the system of honest, diligent;

(VIII) other recommendation of supervision.

24th supervisory organs according to the results of inspection and investigation, in the event of any of the following circumstances may make a decision or recommendation of supervision:

(A) the violation of administrative discipline, according to law shall be given a warning, demerit, demerit, demotion, dismissal, discharge disposition;

(B) the property made the violation of administrative discipline, should be confiscated, recovered, or ordered to pay compensation in accordance with law.

The preceding paragraph (a) of the circumstances listed in making a decision or recommendation of supervision, should be in accordance with the relevant permissions and processing procedures of personnel management regulations. 25th supervisory organs in accordance with the decision made, the relevant departments and personnel should be implemented.

Monitoring the recommendations of the supervisory organs, authorities without justification, should be adopted.

26th of supervisory organs on matters involving units and individuals have the right to query.

27th supervisory organs shall disclose the information about the supervision work.

28th supervisory organs of leadership may attend relevant meetings of the people's Governments at the corresponding level, inspectors may attend under supervision departments and monitor matters relating to the meeting.

29th supervisory organs of complaints and accusations of major violations of workers who, in accordance with the relevant provisions of awards.

The fifth chapter monitoring procedures

Check 30th supervisory organs in accordance with the following procedure:

(A) project to the need to examine the matter;

(B) develop inspection scheme and organize its implementation;

(C) presented to the people's Governments at the corresponding level or by the monitoring authorities to check reports;

(D) according to the test results, to make a decision or recommendation of supervision.

Important project, should be reported to people's Governments and supervisory organs at a higher level for the record.

31st supervisory organs in accordance with the following procedure to investigate the acts that violate administrative discipline:

(A) requires investigation of matters of conduct a preliminary review of the facts considered to be in violation of administrative discipline, you need to pursue administrative disciplinary responsibility, be filed;

(B) organize the implementation of surveys to collect relevant evidence;

(C) there is evidence that the violation of administrative discipline, required disposition or other dealing with, and tried

(D) make a decision or recommendation of supervision.

Office-bearers of important and complicated cases should be reported to the people's Governments at the corresponding level and supervisory organs at a higher level for the record.

32nd supervisory organs for investigation of the case, the survey finds that there are no facts of violation of administrative discipline, or do not need to pursue administrative disciplinary responsibility, should be abolished, and inform the investigation and its parent departments or persons under investigation and their units.

The withdrawal of important and complicated cases should be reported to the people's Governments at the corresponding level and supervisory organs at a higher level for the record.

33rd supervisory organs of investigation cases, shall, within six months from the date of filing the case; due to special reasons for extending the time limits for handling, may be appropriately extended, but shall not exceed one year, and shall be reported to the supervisory organs at a higher level for the record.

34th supervisory organs in inspection, investigation shall hear the statement of the departments and personnel to monitor and defend. 35th supervisory organs have made an important decision and important supervisory recommendations, should be approved by the people's Governments at the corresponding level, and the higher supervisory authorities.

Supervisory organs of the State Council made an important decision and important supervisory recommendations, shall be submitted to the State Council.

36th supervisory decisions or recommendations should be in writing and served on the entities or persons.

Supervisory organs disciplined for breach of administrative discipline made the decision, by the personnel department or other relevant departments according to the personnel management in government permission to perform.

People's Government of the personnel department in charge or relevant departments shall monitor the authority to dispose of supervisory decisions and their implementation of the relevant material in the disciplinary files of.

37th relevant entities and persons shall receive a decision or advice will be executed within 30th of decision or informed the adoption of monitoring the recommendations of the supervisory organ.

38th article national administrative organ civil servants and national administrative organ appointed of other personnel on competent administrative organ made of disposition decided refuses to of, can since received disposition decided of day up 30th within to monitored organ proposed complaints, monitored organ should since received complaints of day up 30th within made review decided; on review decided still refuses to of, can since received review decided of day up 30th within up level monitored organ application review, Shang level monitored organ should since received review application of day up 60 days within made review decided.

During the review, the review shall not suspend implementation of the original decision.

39th supervisory organs appealed against the decision by the competent administrative authority to accept complaints, review original decision inappropriate, can suggest that the original decision to alter or revoke; supervisory organ within the terms of reference, can also be directly made for amendment or cancellation of the decision.

Laws and administrative regulations by the supervisory authorities receiving additional complaints, shall be handled according to relevant laws and administrative regulations.

40th article on monitored decided refuses to of, can since received monitored decided of day up 30th within to made decided of monitored organ application review, monitored organ should since received review application of day up 30th within made review decided; on review decided still refuses to of, can since received review decided of day up 30th within up level monitored organ application review, Shang level monitored organ should since received review application of day up 60 days within made review decided.

During the review, the review shall not suspend implementation of the original decision.

41st supervisory organs at a higher level view to the next level, monitor the authorities decided not to appropriate, you can instruct the lower supervisory authority to alter or revoke, if necessary, can also be directly made for amendment or cancellation of the decision.

42nd supervisory organs at a higher level of review decisions and review the decision or the decision of the supervisory organ under the State Council for final decision.

Article 43rd monitor disagrees with the proposal, since the monitoring proposal is received within 30th of monitor to monitor the authority, supervisory organs shall, from the date of receipt of the objection within the 30th reply; reply to objections by the supervisory organs of the people's Governments at the same level or supervisory organs at a higher level award.

44th supervisory organs in handling matters, found that the matters under investigation belong to the supervisory organs within, it shall transfer the unit dealing with the right to handle; suspected of a crime, shall be transferred to judicial organs according to law.

Accept the transfer unit or authority shall inform the supervisory organ.

The sixth chapter legal liability

45th has been monitoring the departments and personnel in violation of the provisions of this law, any of the following acts, and monitored by the competent authority or authorities shall order rectification of the Department give notice of criticism; the persons who are directly in charge and other direct liable persons shall be given administrative sanctions:

(A) conceal the truth, present false evidence or to hide, transfer, alteration or destruction of evidence;

(B) intentionally delay or refuse to provide and monitor matters relating to documents, materials, financial accounts, and other related materials and other necessary information;

(C) the sale or transfer of individuals suspected of property during the investigation;

(D) refuse to issue explanation and description of the supervisory organ;

(E) refuse to perform without good reason refuses to adopt a decision or advice;

(Vi) any other acts in violation of the provisions of this law, if the circumstances are serious.

Article 46th leaks reported tipoff, accepted, as well as information associated with the informer, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

The 47th article of the complainant, accuser, informers or supervisors retaliated against, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

48th supervisory personnel, malpractice, neglect their duties, to reveal the secret of abuse shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

49th supervisory organs and supervisory personnel the illegal exercise of authority, violating the legitimate rights and interests of citizens, legal persons and other organizations, for damage caused, compensation shall be.

The seventh chapter by-laws

50th supervisory organs to laws and regulations authorized by the corporate public affairs management functions of the Organization and its personnel management and State administration authorities shall delegate the conduct of public affairs activities of the Organization and its personnel engaged in official monitor, this law shall apply. 51st article of the law come into force on the date of promulgation. On December 9, 1990, promulgated by the State Council of the People's Republic of China on administrative supervision regulations repealed simultaneously.