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People's Republic Of China On Administrative Supervision Law Implementing Regulations

Original Language Title: 中华人民共和国行政监察法实施条例

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(September 6, 2004 at the 63rd Executive meeting of the State Council on September 17, 2004, People's Republic of China promulgated as of October 1, 2004, promulgated by Decree No. 419) Chapter I General provisions article in accordance with the People's Republic of China on administrative supervision law (hereinafter referred to as the law on administrative supervision), this Ordinance is enacted.
Article II, State administration and legal and authorized rights to administer public affairs organizations and State administrative organs in accordance with the Commission's staff in the Organization and its workers outside, applying the administrative supervision law and the regulations.
    The law on administrative supervision article says "other personnel appointed by State administrative organs" refers to enterprises, institutions, social groups, by State administrative organs to appointments, send in the form of persons appointed.
Third report to the supervisory organ set up security system, the informant about confidentiality, no reported leaked identity of the source or material, whistleblower revealed to be reporting unit, being a whistleblower. Watchdog complaints and accusations of major violations of workers can be rewarded.
    Award conditions and standards, developed by the monitoring authority in conjunction with the financial Department of the people's Government at the. Fourth supervisory organs in accordance with the needs, and in State administrative bodies, enterprises, institutions, social organizations engaged in special Ombudsman.
    Hire invited specific measures prescribed by the supervisory organs of the State Council.
    Fifth supervisory organs have the funds necessary to perform their duties, included in the financial budgets.
Chapter sending watchdog sixth supervisory organs and monitoring personnel sent by the regulators or supervisors to send it is responsible and reports on its work to the supervisory organs, and by sending it to monitor the implementation of unified management.
    In the State administrative organs in the vertical management, supervisory authorities sent the supervisory bodies in accordance with the needs, by sending its monitoring organ, a subordinate administrative bodies can be stationed in the sector could also send regulators or supervisors.
Seventh article sent of monitored institutions or monitored personnel perform following duties: (a) check was monitored of sector in comply with and implementation legal, and regulations and Government of decided, and command in the of problem; (ii) accepted on was monitored of sector and personnel violation administrative discipline behavior of charged, and report; (three) survey processing was monitored of sector and personnel violation administrative discipline of behavior; (four) accepted was monitored personnel refuses to administrative sanctions decided or administrative sanctions review decided of complaints;
    (E) receive complaints from inspectors appealed against the decision, and (vi) urge departments to establish the independent Commission against corruption by monitoring, diligent by regulatory; (VII) get sent the other matters assigned by the supervisory organ. Sent by the eighth or the supervision of the supervisory authorities exercise supervisory organ of the same permission to send it.
    However, local supervisory organs at all levels dispatched supervisory bodies or supervisory personnel, as well as in the vertical management in State administration dispatched supervisory agencies stationed in the sector monitored by the subordinate administrative bodies could also send agency or supervisory personnel to exercise administrative supervision law permission to set forth in 20th and 21st, supervisory organs to be sent it or send the approval of the supervisory authorities.
    Nineth dispatched supervisory bodies or supervisory personnel perform their duties, and supervisory organs perform the same procedure is applied.
    Chapter III rights tenth supervisory organs of supervisory organs in discharging its responsibilities, and the right to monitor departments and personnel overall, to provide and matters relating to the documents, materials, financial accounts, and other related materials. 11th when investigating acts of administrative discipline violations in supervisory organs, you can temporary detention, sequestration can prove acts of administrative discipline violations by documents, materials, financial accounts, and other related materials.
Temporary detention, sequestration should be to file, information, financial records and other materials issued by the holder notice, materials list for temporary detention, storage, and signed by the parties on the spot check,.
    For temporary detention, storage of documents, materials, financial accounts, and other related materials, supervisory organs shall take good care of, and shall not be destroyed or used for other purposes.
12th property to the following in connection with the case, supervisory organs have the right to order the case suspected units and personnel during the investigation for safekeeping shall not be destroyed or sold, transfer: (a) the property can prove that the circumstances of the case, (ii) property made for breach of administrative discipline, and (iii) sold or transferred to others may affect the investigation and handling of cases of property.
Monitoring agencies in the investigation of corruption, bribery, embezzlement of administrative discipline violations, such as acts, approved by the people's government supervisory organs above the county level leadership, temporary detention and embezzlement, bribery, misappropriation of public funds related to property.
    Supervisory organs to take the measures specified in the preceding two paragraphs, shall issue a notice of monitoring, property list, and signed by the parties on the spot check,.
13th 20th supervisory organs have taken the administrative supervision law (c) the measures imposed shall be approved by the people's government supervisory organs above the county level leadership.
    Investigations to prove the violation of administrative discipline of the inspectors suspected of crime, supervisory organs shall promptly transfer the case to the judicial organs according to law.
14th administrative supervision law of 20th paragraph (d), the term "suspension suspected of grave breach of administrative discipline from performing his duties", refers to the relevant authorities, in accordance with recommendations of the supervisory organ, suspended for serious violation of administrative discipline inspectors suspected of job activities.
Monitored organ recommends suspended implementation positions of case including: (a) has serious violation administrative discipline suspected of was monitored personnel continues to implementation positions will caused bad effect, or to work caused loss of; (ii) has serious violation administrative discipline suspected of was monitored personnel using terms block, and interference, and damage case survey, or threat, and inducements, and retaliates against charged people, and report people, and witnesses, and case personnel of. Watchdog recommends duty be suspended, shall draw up a notice of monitoring, and sent to the relevant authorities.
Competent authorities shall make a decision on whether to suspend duties in the 3rd.
    After investigation and verification there is no violation of administrative discipline or dismissal more than administrative sanctions personnel are not required, supervisory authority shall dismiss the case 3rd after administrative punishment decision or by notice in writing to the relevant authorities to lift the suspension of duty measures, and declared in a scope. 15th administrative supervision law of 20th paragraph (d), the term "relevant authorities", refers to the legal right to suspend suspected of serious violation of administrative discipline inspectors carry out their duties. Which, on by national people's Congress and Standing Committee decided appointed of personnel suspended implementation positions, by State decided; on by place levels Congress election of personnel suspended implementation positions, by superior Government decided; on by place levels Congress Standing Committee decided appointed of personnel, except on Deputy Governor, and autonomous regions Deputy President, and Deputy Mayor, and Deputy Governor, and Deputy County, and Deputy Chang suspended implementation positions by superior Government decided outside, on other personnel suspended implementation positions by this level Government decided.
    Personnel other than those of the above-mentioned persons suspension of duties by the appointed bodies.
    16th supervisory organs to adopt an administrative supervision law of 19th, 20th, 21st measures provided for in section measures condition disappears, supervisory authorities should step in time.
    17th supervisory authorities for breaking the case, in the event of any of the following circumstances, you can ask the public security authorities, judicial administrative departments to assist: (a) the needs to the custody of criminal suspects, carried penalties of criminal investigation and evidence collection, (ii) needs to block with the case of the staff out of the country, (iii) collect, review, judge or who need assistance finds evidence.
    18th supervisory authorities for breaking the case, in the event of any of the following circumstances, you can ask the audit institution to offer assistance: (a) the financial units, financial income and expenses need to be audited to verify and (ii) needed to assist in the investigation and evidence collection.
    19th supervisory authorities for breaking the case, in the event of any of the following circumstances, to submit for taxation, customs, industry and commerce administration, quality supervision, inspection and quarantine authorities to offer assistance: (a) the need to assist in the investigation; (b) the collection, review, judge or who need assistance finds evidence.
20th supervisory organs of public security, administration of Justice, audit, tax, customs, industry and commerce administration, quality supervision, inspection and quarantine authorities to offer assistance, shall issue to draw attention to help book, States that assistance is needed and required.
    Was drawn to the assisting authority shall, according to the monitoring organ's requests for assistance in dealing with issues and requirements, within the terms of reference of the assistance.
    21st article administrative monitored method 23rd article subsection (ii) items by said "this level Government belongs sector and subordinate Government made of decided, and command, and indicates violation legal, and regulations or national policy, should be corrected or revoked of" case, is refers to: (a) decided, and command, and indicates of content and legal, and regulations, and regulations phase conflict of; (ii) decided, and command, and indicates of released, beyond statutory terms or violation legal, and regulations, and regulations provides of program of.
    22nd 23rd administrative supervision law (c) referred to the "remedial measures", refers to the elimination, rehabilitation, apology, compensation and other remedies.
    23rd article administrative monitored method 23rd article subsection (four) items by said "hired, and appointment, and rewards and punishments decided obviously not appropriate, should be corrected of" case, is refers to: (a) was hired, and appointed personnel obviously not meet by any positions of conditions, or not meet served avoided provides of; (ii) beyond permission or violation program made hired, and appointment, and rewards and punishments decided of; (three) award obviously not appropriate, or disposition unbalanced of. 24th supervisory organs to monitor inspectors be given an administrative sanction decision, in accordance with the following provisions:

(A) on by this level Congress and Standing Committee decided appointed of this level Government the sector led personnel and Xia level Congress and Standing Committee election or decided appointed of Government led personnel, intends give warning, and demerit, and remember than, and downgraded disposition of, monitored organ should to this level Government proposed disposition views, by this level Government approved Hou, by monitored organ issued monitored decided; intends give dismissed, and fired disposition of, First by this level Government or Xia level Government drew attention to the sibling Congress recall positions, or to sibling Congress Standing Committee drew attention to the from positions or revoked positions Hou, by monitored organ issued monitored decided; (ii) on this level Government appointed of personnel, intends give warning, and demerit, and remember than, and downgraded disposition of, by monitored organ directly made monitored decided, reported this level government record; intends give dismissed, and fired disposition of, monitored organ should to this level Government proposed disposition views, After approval by the people's Governments at the corresponding level by the supervisory authorities issued a supervisory decision; (c) the level people's Government departments and appointed by the Department of the lower level people's Governments and their staff, to be given an administrative sanction by the supervisory authorities directly make a decision.
    Among them, the people's government supervisory organs at county level were expelled by supervisory personnel, shall be submitted to the County for approval.
25th supervisory authorities for violations of administrative disciplinary sanctions after the decision, by the personnel department or other relevant departments according to the personnel management in government permission to perform and carry out relevant administrative sanction procedures.
    People's Government of the personnel department in charge or relevant departments shall monitor the Authority's supervisory decisions and their implementation, handle the relevant material in archives of the officers subject to disciplinary, and declared in the proper range.
    26th supervisory organs according to the results of inspection and investigation, on breach of administrative discipline for obtaining property can be confiscated, recovered, or ordered to pay compensation of supervisory decisions are made, but according to law shall be confiscated, recovered by other organs except or dered.
27th article units and personnel on monitored organ law proposed of monitored recommends should adopted, but think monitored recommends has following case one of of, can proposed objections: (a) according to of facts not exists, or evidence insufficient of; (ii) applies legal, and regulations, and regulations errors of; (three) proposed of program not legal of; (four) involved matters beyond was recommends units or personnel statutory duties range of. Objections to related units or personnel, supervisory authorities should be examined.
    Think the objection is established, supervisory organs shall take back the monitoring proposals do not think objection is established, notice in writing to the relevant units or personnel to perform the original monitor.
The fourth chapter monitor the program 28th administrative inspection matters, by the supervisory organs of the people's Government or by the deployment and requirements of the supervisory organ and needs to be determined.
    Article 29th of administrative supervision law mentioned in the second paragraph "important matters", refers to the local government or by the supervisory organs of the deployment and requirements of inspection matters or think in the within their respective administrative areas supervisory organs have a significant impact that needs to be checked. Article 29th preliminary review of acts of administrative discipline violations, should be approved by the supervisory organization leaders.
    After a preliminary examination, shall report to the supervisory organ leadership, facts of the violation of administrative discipline and the need to pursue administrative disciplinary responsibility, leaders approved by the monitoring authority, be filed.
    30th article administrative monitored method 30th article second paragraph, and 31st article second paragraph by said "important, and complex case", is refers to has following case one of of case: (a) this level Government belongs sector or Xia level Government illegal disciplinary of; (ii) need give this level Government belongs sector led personnel or Xia level Government led personnel dismissed above disposition of; (three) social effect larger of; (four) involved outside of.
31st supervisory authority decides to initiate an investigation, investigation unit shall notify the competent authorities or persons under investigation unit, but may impact survey after notice, no notice.
    Supervisory organs have informed the Office, without consent of the supervisory organs, persons under investigation unit to which the competent authorities or units shall not be approved by investigators leave, resignation, retired procedure or reassignment, promotion, reward, and punishment.
    32nd supervisory agencies in the investigation and evidence collection should be carried out by two or more officers, the inquiry shall be investigated and persons under investigation to produce documents.
33rd article handle monitored matters of monitored personnel has following case one of of, should itself avoided, was monitored personnel and and monitored matters has interest relationship of citizens, and corporate or other organization right to requirements its avoided: (a) is was monitored personnel of near relatives of; (ii) handle of monitored matters and I has interest relationship of; (three) and handle of monitored matters has other relationship, may effect monitored matters just processing of.
Supervisory organs avoided by the people's Governments at the corresponding level of leadership leadership or the supervisory organs at a higher level leaders decided, other supervisory personnel of avoidance by the governmental supervisory organ leadership decisions.
    The people's Government or the higher supervisory authority found that supervisors should avoid situations, can be directly decided on the withdrawal.
34th by the main exit, disappearance of persons involved, or when serious natural disasters and other force majeure events, investigations could not be carried out, watchdog investigations can be discontinued. Should be approved by the supervisory organization leaders to suspend the investigation, and report to the supervisory organ at a higher level for the record. By the people's Governments at the corresponding level for the record Office to suspend the investigation of the case, should be reported to the people's Governments at the corresponding level for the record. After disappearing to suspend the investigation, supervisory authorities should resume its investigations.
    Since the return date of the survey, term of handling sequential calculations.
35th supervisory organs to investigate cases, case handling period from date of filing, to make a decision or recommendation of supervision date.
    Found by investigators in the investigation process has new facts of violation of administrative discipline, time limits should be handling since the discovery of new facts of violation of administrative discipline recalculated from the date.
    32nd article 36th administrative supervision law referred to "special reasons" refers to the following circumstances: (a) cases occur in remote areas of transportation, (ii) the case involved much, covers a wide range, evidentiary difficulties; (c) the cases by applicable laws, rules and regulations need to be reported to the authority to interpret or verify that.
37th by the law on administrative supervision article 34th article says "important decision" and "important advice", refers to the monitoring bodies to handle important matters and important and complicated cases by monitoring decisions and monitoring recommendations. Important supervisory decisions and advice should be reported to the local government and supervisory organs at a higher level approval.
    The people's Governments at the corresponding level and supervisory organs at a higher level we disagree, decided by the supervisory organs at a higher level people's Governments at the same level.
Article 38th decision from the date of entry into force required approval, entry into force from the date of approval. Monitoring decisions and proposals can be monitored by supervisory organs of direct service units and personnel, may also appoint other supervisory organ served. Addressee in the receipt date on the certificate of service for service.
    Addressee refused to accept or refuse to sign or seal, the person shall invite addressee organization personnel arrived at the scene to witness the scene, on a certificate of service by the person refuse to subject matter and date written, signed or sealed by the service, witnesses, monitoring decisions and monitor the proposals remain in the residence of the addressee or the units, the service shall be considered.
    39th on the competent administrative authorities of the administrative punishment decision or administrative sanctions the review decision, you can appeal to the supervisory organ of the competent administrative authorities at the.
    40th supervisory authority to review complaints, that decided the facts are clear and irrefutable evidence and applicable laws and regulations proper, accurate, proper treatment, procedure legal, be maintained.
    41st article monitored organ review complaints case, think original decided has following case one of of, can in its terms range within directly change or recommends original decided organ change; Shang level monitored organ think Xia level monitored organ made of monitored decided has following case one of of, can directly change or ordered Xia level monitored organ change: (a) applies legal, and regulations, and regulations errors of; (ii) illegal disciplinary behavior of plot finds errors of; (three) processing not appropriate of. 42nd article monitored organ review complaints case, think original decided has following case one of of, can in its terms range within directly revoked or recommends original decided organ revoked, decided revoked Hou, sent back original decided organ again made decided; Shang level monitored organ think Xia level monitored organ made of monitored decided has following case one of of, can directly revoked or ordered Xia level monitored organ revoked, decided revoked Hou, ordered Xia level monitored organ again made decided: (a) illegal disciplinary facts not exists,
    Or insufficient evidence, (ii) violation of legal procedures, affect the impartial handling of (iii) overstepping or abuse.
43rd supervisory organ transfer case, shall draw up a notice of referral of cases.
    Accept the transfer unit processing should be requested by the supervisory organization notice of referral of cases, inform the supervisory organs of the transfer case.
                                                                                    Fifth chapter supplementary articles article 44th of the regulations come into force on October 1, 2004.