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Supervision Law of the People's Republic of China
(Adopted at the first meeting of the Thirteenth National People's Congress on March 20, 2018)
table of Contents
Chapter I General Provisions
Chapter II Supervisory Organs and Their Duties
Chapter III Supervision Scope and Jurisdiction
Chapter IV Supervision Authority
Chapter V Supervision Procedure
Chapter VI International Cooperation Against Corruption
Chapter VII Supervision of Supervisory Organs and Supervisors
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 In order to deepen the reform of the state supervision system, strengthen supervision of all public officials exercising public authority, achieve comprehensive coverage of state supervision, carry out in-depth anti-corruption work, and advance the modernization of the national governance system and governance capacity, this law is formulated in accordance with the Constitution.
Article 2 Adhere to the leadership of the Communist Party of China in the supervision of the state, and build a unified and unified guidance guided by Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents," the scientific concept of development, and Xi Jinping's new era of Chinese characteristics. Authoritative and efficient national monitoring system with Chinese characteristics.
Article 3 Supervisory committees at all levels are the specialized agencies exercising the function of state supervision. They supervise all public officials (hereinafter referred to as public officials) who exercise public authority in accordance with this law, investigate job violations and crimes, and conduct clean government and anti-corruption work. To safeguard the dignity of the Constitution and the law.
Article 4 The supervisory committee shall exercise its supervisory power independently in accordance with the law, and shall not be subject to interference by administrative organs, social organizations and individuals.
Supervisory organs handling cases of duty violations and duty crimes shall cooperate with and restrain each other from judicial organs, procuratorial organs and law enforcement agencies.
If the supervisory authority needs assistance in its work, the relevant authorities and units shall assist in accordance with the requirements of the supervisory authority according to law.
Article 5 The state's supervision is strictly in accordance with the Constitution and laws, based on facts and based on the law; it is equal in the applicable laws and protects the lawful rights and interests of the parties; powers and responsibilities are equal, strict supervision; punishment is combined with education, and leniency Yan Xiangji.
Article 6 The state's supervision work adheres to both the root cause and the comprehensive governance, strengthens supervision and accountability, and severely punishes corruption; deepens reform, improves the rule of law, and effectively restricts and supervises power; strengthens the rule of law education and moral education, promotes the Chinese traditional culture and builds up Long-lasting mechanism of rot, can not rot, do not want to rot.
Chapter II Supervisory Organs and Their Duties
Article 7 The National Supervisory Committee of the People's Republic of China is the supreme supervisory authority.
Provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, and municipal districts have established supervision committees.
Article 8 The National Supervision Committee is formed by the National People's Congress and is responsible for national supervision.
The State Supervisory Committee consists of the director, deputy directors, and members. The director is elected by the National People's Congress, and the deputy directors and members are requested by the director of the National Supervision Committee to be appointed and removed.
The term of each director of the State Supervisory Committee is the same as that of the National People's Congress, and he cannot serve more than two consecutive terms.
The State Supervisory Committee is responsible to and accepts supervision of the National People's Congress and its Standing Committee.
Article 9 Local supervisory committees at various levels are formed by the people's congresses at the corresponding levels and are responsible for supervision within their respective administrative areas.
The local supervisory committees at all levels are composed of directors, deputy directors, and members. The directors are elected by the people's congress at the corresponding level. The deputy directors and members are requested by the supervisory committee director to be appointed and removed by the standing committee of the people's congress at the corresponding level.
The term of each director of the local supervisory committees is the same as that of the people's congress at the corresponding level.
Local supervisory committees at various levels are responsible for and accept their supervision of the people's congresses at their respective levels, their standing committees, and supervisory committees at higher levels.
Article 10 The State Supervision Commission leads the work of local supervisory commissions at all levels, and the supervisory commissions at higher levels lead the work of supervisory commissions at lower levels.
Article 11 The Supervision Committee shall perform its duties of supervision, investigation and disposal in accordance with this law and relevant laws:
(1) Integrity education for public officials, supervising and inspecting the performance of their duties in accordance with the law, upholding public rights, integrity in the profession and ethics;
(2) Investigating post violations and post crimes involving suspected embezzlement and bribery, abuse of power, neglect of duty, power rent-seeking, benefit transmission, malpractice for personal gain, and waste of state wealth;
(3) Make administrative decisions on illegal public officials in accordance with the law; hold leaders accountable for inadequate performance and dereliction of duty; transfer suspected crimes to the People's Procuratorate for review and prosecution in accordance with law; The unit proposes supervision.
Article 12 Supervisory committees at all levels may station or dispatch supervisory agencies and supervisors to the Chinese Communist Party organs, state organs, organizations and units authorized or entrusted by laws and regulations to manage public affairs, administrative regions under their jurisdiction, and state-owned enterprises.
Supervisory agencies and supervisors are responsible for the supervisory committees stationed or dispatched to it.
Article 13 The supervisory agencies and supervisors stationed or dispatched shall supervise public officials in accordance with the law in accordance with their management authority, make recommendations for supervision, and investigate and dispose of public officials in accordance with law.
Article 14 The State implements the system of supervisors, and determines the hierarchy, appointment, removal, evaluation and promotion of supervisors according to law.
Chapter III Supervision Scope and Jurisdiction
Article 15 The supervisory authority shall supervise the following public officials and related personnel:
(1) Civil servants of the organs of the Communist Party of China, the People's Congress and its Standing Committee, the People's Government, the Supervisory Committee, the People's Court, the People's Procuratorate, the committees at all levels of the Chinese People's Political Consultative Conference, the organs of democratic parties and the organs of industry and commerce, Personnel managed with reference to the "Civil Service Law of the People's Republic of China";
(2) Personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs to manage public affairs according to law;
(3) managers of state-owned enterprises;
(4) management personnel in publicly-run units of education, scientific research, culture, medical care, sports, etc .;
(5) Management personnel in grassroots mass autonomous organizations;
(6) Other personnel performing public office according to law.
Article 16 Supervisory organs at all levels shall, in accordance with their administrative powers, govern the supervision matters involved in the personnel specified in Article 15 of this Law within their respective jurisdictions.
The supervisory authority at a higher level may handle the supervision matters within the jurisdiction of the supervisory authority at the next lower level, and may also handle the supervision matters within the jurisdiction of the supervisory authority at all levels under its jurisdiction when necessary.
Where there is a dispute between the supervisory authorities over the jurisdiction of the supervisory matters, their joint superior supervisory authority shall determine them.
Article 17 A supervisory authority at a higher level may designate the supervisory matters under its jurisdiction as the jurisdiction of a lower supervisory authority, or it may assign the supervisory matters under its jurisdiction to other supervisory authorities.
If the supervisory authority considers that the supervisory matters under its jurisdiction are significant and complicated and need to be under the jurisdiction of a supervisory authority at a higher level, it may report to the supervisory authority at a higher level.
Chapter IV Supervision Authority
Article 18 The supervisory organs exercise their powers of supervision and investigation and have the right to obtain information from relevant units and individuals in accordance with the law and collect and retrieve evidence. Relevant units and individuals should provide truthfully.
Supervisory organs and their staff shall keep confidential state secrets, business secrets, and personal privacy learned during the process of supervision and investigation.
No unit or individual may forge, conceal or destroy evidence.
Article 19 In accordance with the management authority, the supervisory authority may directly or entrust relevant agencies and personnel to conduct conversations or request explanations for the objects to be monitored for possible violations of the law.
Article 20 During the course of investigation, the supervisory authority may require a person suspected of illegal employment to make a statement about the suspected illegal act, and issue a written notice to the person being investigated if necessary.
The investigating authorities may conduct interrogation on persons under investigation for crimes of corruption, bribery, dereliction of duty and other duties, and require them to truthfully confess the circumstances of the suspected crime.
Article 21 During the investigation, the supervisory authority may question witnesses and other personnel.
Article 22 If the person under investigation is suspected of corruption, bribery, dereliction of duty and other serious duties or crimes, the supervisory authority has grasped the facts and evidence of some of its violations, there are still important issues that need further investigation, and one of the following situations, After being inspected and approved by the supervisory authority according to law, it may be left in a specific place:
(1) The case involved is significant and complicated;
(2) Those who may escape or commit suicide;
(3) Where evidence may be coerced or forged, concealed, or destroyed;
(4) There may be other obstructive investigations.
For those involved in bribery or joint duty crimes, the supervisory authority may adopt lien measures in accordance with the provisions of the preceding paragraph.
The establishment, management and supervision of liens shall be carried out in accordance with relevant state regulations.
Article 23 The supervisory authority shall investigate and investigate suspected cases of corruption, bribery, dereliction of duty, and other serious duties or crimes. According to the requirements of the work, it may inquire and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of the units and individuals involved in the case. Relevant units and individuals should cooperate.
If the frozen property is found to be irrelevant to the case, the freezing shall be lifted and returned within three days after the identification.
Article 24 The supervisory authority may conduct a search on the bodies, articles, residences and other relevant places of persons under investigation suspected of duty crimes and persons who may conceal the persons under investigation or criminal evidence. During the search, a search warrant shall be presented and witnesses such as the person being searched or his family members shall be present.
A female body search should be performed by a female staff member.
When conducting a search, the supervisory organ may ask the public security organ for cooperation according to the needs of the work. Public security organs shall assist in accordance with the law.
Article 25 During the investigation, the supervisory authority may retrieve, seal up, and seize information such as property, documents, and electronic data used to prove that the person under investigation is suspected of committing a crime. To take measures such as retrieval, sealing, and seizure, the originals should be collected and taken together with the holder, custodian, and witness to take pictures, register, and number one by one, make a list, and verify, sign, and submit a copy of the list on the spot The holder or custodian of property or documents.
The supervisory organ shall set up special accounts and special places for the retrieved, sealed, and seized property, documents, and ensure that the specialized personnel are properly kept, strictly perform the handover and transfer procedures, and regularly check and verify. Articles of unknown value shall be identified in time and specially sealed for safekeeping.
If the sealed up or detained property or documents are found to be irrelevant to the case, the sealed up or detained property shall be lifted and returned within three days after the discovery.
Article 26 During the investigation, the supervisory authority may directly or designate or hire personnel with specialized knowledge and qualifications to conduct inspections and inspections under the auspices of investigators. The inspection and inspection situation shall be recorded in writing and shall be signed or sealed by the personnel and witnesses participating in the inspection and inspection.
Article 27 During the investigation, the supervisory authority may assign or hire someone with expertise to conduct appraisal of the specific issues in the case. After the appraiser conducts the appraisal, he shall issue an appraisal opinion and sign it.
Article 28. Supervisory organs investigating suspected major crimes of corruption and bribery, etc. may, if necessary, undergo strict approval procedures, adopt technical investigation measures, and submit them to relevant authorities for implementation in accordance with regulations.
The approval decision should clearly identify the types and applicable objects of the technical investigation measures, which are effective within three months from the date of issuance; for complex and difficult cases, if it is still necessary to continue the technical investigation measures at the end of the time limit, the validity period can be extended after approval, No more than three months at a time. Where it is not necessary to continue to take technical investigation measures, it shall be lifted in time.
Article 29 If a person under investigation who should be detained in accordance with the law is at large, the supervisory authority may decide that he or she is wanted in his administrative area, and the public security organ shall issue a warrant to pursue the case. If the wanted area is beyond the administrative area, it shall be reported to the supervisory authority that has the authority to decide.
Article 30 In order to prevent the investigator and related persons from escaping overseas, the supervisory authority at the provincial level or above may take measures to restrict the exit of the investigated person and relevant persons with the approval of the public security organs according to law. Those who do not need to continue to take measures to restrict exit should be promptly lifted.
Article 31 The person under investigation suspected of committing a crime on his own initiative pleaded guilty and pleaded guilty. In any of the following circumstances, the supervisory authority shall conduct a collective study by the leaders and submit it to the supervisory authority at the next higher level for approval. Suggestions:
(1) Automatically submit a case and sincerely repent;
(2) Actively cooperating with the investigation, and truthfully confessing any illegal or criminal act that the supervisory authority has not grasped;
(3) actively returning stolen goods and reducing losses;
(4) Cases of major meritorious performance or cases involving major national interests.
Article 32 Personnel involved in duty-related crimes who have disclosed the crimes of duty-related crimes of persons under investigation, who have verified the facts, or provided important clues that are helpful to the investigation of other cases, the supervisory authority shall conduct a collective study by the leaders and report them to the The supervisory authority at the lower level may propose a lenient penalty when transferring to the People's Procuratorate.
Article 33 Evidence materials such as physical evidence, documentary evidence, witness testimony, confession and defense of the investigated, audiovisual materials, and electronic data collected by the supervisory authority in accordance with the provisions of this Law may be used as evidence in criminal proceedings.
When collecting, fixing, reviewing, and using evidence, the supervisory authority shall be consistent with the requirements and standards for evidence in criminal trials.
Evidence collected by illegal methods shall be excluded according to law and shall not be used as the basis for case disposal.
Article 34. People's courts, people's procuratorates, public security organs, auditing agencies and other state organs find in their work that public officials are suspected of embezzlement, bribery, dereliction of duty and other job violations or crimes, and they should be transferred to the supervisory authority, and the supervisory authority should follow the law. Investigation and disposal.
If the person under investigation is suspected of serious post violations or post crimes, as well as other illegal crimes, the supervisory authority should generally investigate the investigation and other agencies should assist it.
Chapter V Supervision Procedure
Article 35. Supervisory organs shall accept and deal with reports or reports in accordance with relevant regulations. Those that are not under the jurisdiction of this organ shall be transferred to the competent authority for processing.
Article 36 The supervisory organ shall carry out its work in strict accordance with the procedures and establish a working mechanism for the coordination, mutual restraint, and coordination of various departments in handling, investigating, and examining problems.
The supervisory authority shall strengthen the supervision and management of the entire process of investigation and disposal, and set up corresponding work departments to perform management and coordination functions such as clue management, supervision and inspection, supervision and processing, and statistical analysis.
Article 37. The supervisory authority shall, in accordance with the relevant provisions, submit suggestions on the issues to be supervised, perform the examination and approval procedures, and handle them by classification. The disposal of clues shall be summarized and reported on a regular basis, and inspected and spot-checked regularly.
Article 38. Where preliminary clues are required to deal with the clues, the supervisory authority shall perform the examination and approval procedures in accordance with the law and establish a verification team. After the preliminary verification work is completed, the verification team shall write a preliminary verification situation report and make suggestions for handling it. The undertaking department shall put forward the opinions on classification treatment. The preliminary verification situation report and classified treatment opinions are reported to the main person in charge of the supervisory authority for approval.
Article 39 After preliminary verification, if the subject of supervision is suspected of illegal duties and duties and needs to be investigated for legal responsibility, the supervisory authority shall go through the formalities of filing the case in accordance with the prescribed powers and procedures.
After the main person in charge of the supervisory authority approves the filing of a case in accordance with the law, he shall preside over a special meeting to study and determine the investigation plan and decide the investigation measures to be taken.
The decision to file a case shall be announced to the person under investigation and notified to the relevant organization. Anyone suspected of serious post violations or post crimes shall notify the family members of the person under investigation and make it public to the public.
Article 40 Supervisory organs shall conduct investigations on post-offending and post-offending cases, collect evidence of the offender's existence of offenses and seriousness of circumstances, ascertain the facts of the offenses and crimes, and form a complete and stable chain of evidence.
It is strictly forbidden to collect evidence by threats, inducements, deceptions, or other illegal methods, and it is strictly prohibited to insult, scold, abuse, corporal punishment, or disguised corporal punishment.
Article 41 Investigating personnel shall adopt investigation measures such as interrogation, inquiry, lien, search, retrieval, seizure, seizure, inspection and inspection, etc., and shall produce their certificates and issue written notices in accordance with the regulations. Reports and other written materials shall be signed and sealed by relevant personnel.
Investigators who conduct interrogation, search, seal-up, seizure and other important evidence collection work shall record and record the entire process and keep it for future reference.
Article 42 Investigators shall strictly implement the investigation plan, and may not arbitrarily expand the scope of the investigation, change the objects and matters under investigation.
For important matters in the course of the investigation, a report shall be requested following a collective study following the procedures.
Article 43. The lien measures taken by the supervisory authority shall be collectively studied and decided by the leaders of the supervisory authority. Supervision agencies below the city level that have districts should take lien measures to the supervisory authority at the next higher level for approval. Provincial supervisory organs taking lien measures shall report to the State Supervisory Commission for the record.
The retention period must not exceed three months. In special circumstances, it may be extended once, and the extension time shall not exceed three months. If the supervisory authority below the provincial level adopts lien measures, the extension of the lien time shall be reported to the supervisory authority at the next higher level for approval. If the supervisory authority finds that improper lien measures are taken, it shall be promptly lifted.
The supervisory organs may take lien measures and may ask the public security organs for cooperation according to their work needs. Public security organs shall assist in accordance with the law.
Article 44 After taking a lien measure against the investigator, the unit and family members of the detained person shall be notified within 24 hours, but it may destroy or falsify the evidence, interfere with the testimony of the witness or collude with the confession, which hinders the investigation. except. After the circumstances that hinder the investigation disappear, the unit and family members of the detained person shall be notified immediately.
The supervisory authority shall guarantee the diet, rest and safety of detained persons and provide medical services. The interrogated detained personnel shall reasonably arrange the time and duration of the interrogation, and the interrogation transcript shall be read and signed by the interrogated person.
After the detained person is suspected of committing a crime and transferred to a judicial organ, he is sentenced to control, detention, and fixed-term imprisonment in accordance with the law.
Article 45 According to the results of supervision and investigation, the supervisory authority shall make the following disposals according to law:
(1) For public officials who have committed illegal acts but have relatively small circumstances, according to management authority, directly or entrust relevant agencies and personnel to conduct talk reminders, criticize education, order inspections, or admonish;
(2) to make decisions on administrative sanctions such as warnings, demerits, demerits, relegation, dismissal, and dismissal of public officials who violate the law in accordance with legal procedures;
(3) Leaders who are responsible for non-performance or incorrect performance of their duties shall directly make accountability decisions in accordance with their management authority, or make accountability suggestions to the authority having the authority to make accountability decisions;
(4) For those suspected of committing crimes on duty, the supervisory organ shall, upon investigation, consider that the facts of the crime are clear, and the evidence is firm and sufficient, and prepare a complaint opinion, together with the file materials and evidence, and transfer it to the People's Procuratorate for examination and prosecution according to law;
(5) Put forward supervision suggestions on issues such as the construction of a clean government and the performance of duties of the unit to be monitored.
After investigation, the supervisory organ shall withdraw the case if there is no evidence to prove that the investigator has committed any illegal or criminal act, and notify the unit to which the investigator belongs.
Article 46 After investigation, the supervisory organ shall confiscate, recover or order compensation for the property obtained in violation of the law; the property obtained in connection with the crime shall be transferred to the People's Procuratorate with the case.
Article 47 For the cases transferred by the supervisory authority, the people's procuratorate shall take compulsory measures against the investigated in accordance with the Criminal Procedure Law of the People's Republic of China.
The People's Procuratorate, upon review, considers that the facts of the crime have been found out, the evidence is firm and sufficient, and criminal responsibility should be investigated according to law, and a prosecution decision should be made.
If the People's Procuratorate considers that supplementary verification is needed after review, it shall return it to the supervisory authority for additional investigation, and if necessary, may conduct additional investigation. For cases of supplementary investigation, the supplementary investigation should be completed within one month. The supplementary survey is limited to two.
The People's Procuratorate shall, in accordance with the law of the People's Procuratorate at the next higher level, make a decision not to prosecute in cases where there is a non-prosecution under the Criminal Procedure Law of the People's Republic of China. If the supervisory organ considers that the decision not to prosecute is wrong, it may apply for reconsideration to the people's procuratorate at the next higher level.
Article 48 In the course of investigating cases of corruption, bribery, dereliction of duty and other duties, the supervisory authority shall continue to investigate if the investigator has escaped or died, and the supervisory authority at or above the provincial level shall continue to investigate and draw conclusions. If the person under investigation escapes, fails to appear after one year of wanted, or dies, the supervisory organ shall request the people's procuratorate to apply to the people's court for the confiscation of illegal income in accordance with legal procedures.
Article 49 If the object of supervision is dissatisfied with the decision made by the supervisory authority involving the person, it may apply to the supervisory authority that made the decision for review within one month from the date of receiving the decision. The review authority shall make the decision within one month. Decision of review; if the monitoring object is still dissatisfied with the review decision, it may apply for review to the supervisory authority at a higher level within one month after receiving the review decision, and the review agency shall make a review decision within two months. During the review and review, the execution of the original decision shall not be stopped. If the review authority finds that the processing decision is wrong after review, the original processing authority shall promptly correct it.
Chapter VI International Cooperation Against Corruption
Article 50 The State Supervisory Committee co-ordinates and coordinates international exchanges and cooperation with other countries, regions, and international organizations, and organizes the implementation of international anti-corruption treaties.
Article 51 The State Supervisory Committee organizes and coordinates relevant parties to strengthen cooperation with relevant countries, regions, and international organizations in the areas of anti-corruption law enforcement, extradition, mutual legal assistance, transfer of sentenced persons, asset recovery and information exchange.
Article 52 The State Supervisory Committee strengthens the organization and coordination of anti-corruption international pursuit and anti-corruption work, and urges relevant units to do relevant work:
(1) For major crimes of corruption, bribery, dereliction of duty, etc., where the investigator has escaped from the country (territory), and the evidence is relatively solid, he shall pursue the case through overseas pursuit cooperation;
(2) requesting the country where the stolen money and stolen goods are located to inquire, freeze, seize, confiscate, recover, and return the assets involved;
(3) Query and monitor the state of entry and exit (border) and cross-border capital flows of public officials and related personnel suspected of duty crimes, and set up anti-escape procedures during the investigation of cases.
Chapter VII Supervision of Supervisory Organs and Supervisors
Article 53. Supervision committees at all levels shall accept the supervision of the people's congresses at their respective levels and their standing committees.
The standing committees of the people's congresses at all levels listen to and review the special work reports of the supervisory committees at that level, and organize law enforcement inspections.
When the people's congresses at or above the county level and their standing committees meet, the people's congress representatives or members of the standing committees may ask questions or inquiries about relevant issues in the supervision work in accordance with the procedures prescribed by law.
Article 54. Supervisory organs shall disclose information on supervision work in accordance with law, and accept democratic supervision, social supervision, and public opinion supervision.
Article 55 The supervisory organ shall strengthen the supervision of supervisors in performing their duties and abiding by the law through the establishment of special internal supervisory agencies, etc., and build a loyal, clean and responsible supervisory team.
Article 56 Supervisors must abide by the Constitution and laws, be loyal to their duties, enforce laws impartially, be honest and honest, and keep secrets; they must have good political qualities, be familiar with the supervision business, and have the ability to use laws, regulations, policies, and investigation and evidence collection. Consciously accept supervision.
Article 57. Inspectors who inquire about the case, interrogate the case, or intervene to intervene, the supervisor who handles the matters under supervision shall report in a timely manner. The relevant situation shall be registered for the record.
If it is found that the supervisors who handle the supervision matters have contacted the investigated person, the persons involved in the case and their specific affiliates without approval, or there is an exchange situation, the informed person shall report in a timely manner. The relevant situation shall be registered for the record.
Article 58 A supervisor who handles supervision matters shall evade himself in any of the following circumstances, and the subject of supervision, the informant and other relevant persons shall also have the right to request that he evade:
(1) Those who are close relatives of the monitoring target or informant;
(2) Having served as a witness in this case;
(3) I or his close relatives have an interest in the supervision matters handled;
(4) Other circumstances that may affect the fair handling of the supervision matters.
Article 59 After leaving the post, the personnel involved in the supervision of the secret agency shall abide by the management requirements for the period of disengagement, strictly perform the obligation of confidentiality, and shall not disclose relevant secrets.
Within three years of the resignation and retirement of the supervisor, supervisors shall not engage in occupations related to supervision and judicial work and where conflicts of interest may occur.
Article 60 If the supervisory authority and its staff commit any of the following acts, the person under investigation and his close relatives have the right to appeal to the authority:
(1) if the statutory period of lien expires and is not dismissed;
(2) Sealing up, seizing or freezing property unrelated to the case;
(3) The measures of sealing, seizure and freezing shall be lifted but not lifted;
(4) Corruption, misappropriation, private distribution, exchange, and use of sealed up, seized or frozen property in violation of regulations;
(5) Other acts that violate laws and regulations and infringe upon the legal rights and interests of the person under investigation.
The supervisory authority that accepts the appeal shall make a decision within one month from the date of receiving the appeal. If the complainant is dissatisfied with the decision, he may apply for a review to the supervisory authority at a higher level within one month from the date of receiving the decision. The supervisory authority at a higher level shall make a decision within two months from the date of receipt of the review application. If the situation is true, it should be corrected in time.
Article 61 If, after the completion of the investigation, it is found that the basis for filing a case is insufficient or untrue, that there have been major errors in the handling of the case, and that the supervisors have seriously violated the law, the responsible leaders and those directly responsible shall be held accountable.
Chapter VIII Legal Liability
Article 62 If the relevant unit refuses to implement the decision made by the supervisory authority, or refuses to adopt the supervisory recommendations without justified reasons, its competent department or higher authority shall order correction and give notice of criticism to the unit; the responsible leader Personnel and directly responsible personnel shall be dealt with according to law.
Article 63 Any person who violates the provisions of this Law and commits one of the following acts shall be ordered to make corrections by his unit, competent department, superior authority or supervisory authority and shall be dealt with according to law:
(1) Failure to provide relevant materials as required, refusing or obstructing the implementation of investigative measures, refusing to cooperate with the supervisory authority for investigation;
(2) providing false information and covering up the truth of the facts;
(3) confession or falsification, concealment, or destruction of evidence;
(4) Preventing others from disclosing reports and providing evidence;
(5) Other acts in violation of the provisions of this Law have serious circumstances.
Article 64 The object of supervision shall retaliate against the accuser, the prosecutor, the witness, or the supervisor; if the accuser, the prosecutor, or the witness fabricates facts to falsely frame the object of supervision, it shall be dealt with according to law.
Article 65. Supervising organs and their staff members shall, if they have any of the following acts, deal with the responsible leaders and directly responsible persons according to law:
(1) Disposing of clues to the problem without approval or authorization, finding that the major case is concealed or not reported, or that the materials involved in the case are kept and processed without permission;
(2) Intervening in investigation work or using the case to seek personal gain by taking advantage of his authority or influence on his position;
(3) Illegally stealing or leaking investigation work information, or leaking reports, report acceptance status, and informant information;
(4) Extorting confession, inducement, or insulting, scolding, abusing, corporal punishment or corporal punishment in disguise against the person under investigation or the person involved in the case;
(5) Disposing of the sealed up, seized or frozen property in violation of regulations;
(6) A case-related safety accident occurred in violation of the regulations, or the case was concealed, misreported, or handled improperly after the safety accident;
(7) Taking lien measures in violation of regulations;
(8) Restricting the exit of others in violation of the regulations, or lifting the exit restrictions in accordance with the regulations;
(9) Other acts of abusing powers, neglecting duties, and engaging in malpractices for personal gain.
Article 66 Whoever violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility in accordance with law.
Article 67 Where the supervisory authority and its staff members exercise their functions and powers and infringe upon the legitimate rights and interests of citizens, legal persons and other organizations and cause damage, the State shall be compensated according to law.
Chapter IX Supplementary Provisions
Article 68 When the People's Liberation Army and the Chinese People's Armed Police Force conduct surveillance work, the Central Military Commission shall formulate specific regulations in accordance with this Law.
Article 69 This Law shall enter into force on the date of promulgation. The Administrative Supervision Law of the People's Republic of China was repealed at the same time.