Article 1 These Provisions are formulated in accordance with the Supervision Law of the People's Republic of China and other relevant laws and in light of the practice of the reform of the State supervision system in order to strengthen and standardize the supervision and law enforcement work of the supervisory organs and promote the legalization and standardization of the anti-corruption work。

 

第二条 坚持以习近平新时代中国特色社会主义思想为指导，Strengthen the "Four consciousness", strengthen the "four self-confidence", and achieve the "two maintenance"，We will uphold and strengthen the Party's leadership over state supervision，Party discipline inspection organs and state supervisory organs should work together，Standardize and correctly exercise state supervision power，Perform supervision, investigation and disposal duties according to law，Put power in the cage of the system，We will build a centralized, unified, authoritative and efficient national supervision system，We will strengthen the full coverage and effectiveness of oversight over public power and public officials。

 

Article 3 A supervisory organ shall be a specialized organ for exercising the functions of state supervision,We should give full play to the advantages of co-located office，We will promote thorough enforcement of discipline and law，To achieve the integration of the leadership system and the working mechanism, the supervision of discipline and the supervision of law, the application of discipline and the application of law, the trial of discipline and the trial of law enforcement: effectively connecting the judiciary，It meets the standards and requirements of laws and regulations in the identification of facts, procedures and application of laws，It is coordinated with the reform of the criminal procedure system centered on trial。

 

第四条 监察机机关及监察人员应当始终自觉在思想上政治上行动上同以习近平同志为核心的党中央保持高度一致，提高政治站位和政治能力，树立法治思维和程序意识，强化自我约束，自觉接受监督，忠诚干净担当。

 

Article 5 In handling cases of duty crimes, supervisory organs shall adhere to the principle of learning from past mistakes to avoid future ones and curing diseases to save people, strictly follow the provisions of the criminal law, accurately grasp the criteria for criminality, and prevent miscarriages of light and heavy ones。

 

Article 6 In the process of investigating suspected duty violations and duty crimes, supervisory organs find that the person under investigation is also suspected of illegal crimes under the jurisdiction of public security organs, procuratorial organs and other organs, generally shall be the main investigation by supervisory organs, other organs to provide assistance。

 

In the process of handling cases of illegal detention, extorting confessions by torture, illegal search and other crimes that infringe upon citizens' rights and impair judicial justice, carried out by judicial personnel using their powers and powers, procuratorial organs are concerned，The suspect was found to have clues about duty crimes under the jurisdiction of supervisory organs，The case is transferred to the jurisdiction through communication with the supervisory organ，The supervisory organ shall handle it in a timely manner。

 

Article 7 Supervisory organs shall adhere to the system of democratic centralism, and must collectively study important issues in the handling of clues, interview and correspondence, preliminary verification, filing and investigation, case trial, and disposal and implementation, and submit them for approval in strict accordance with the authority for examination and approval。

 

The departments of complaint reporting, case supervision and management, supervision and inspection, examination and investigation, accepting, managing and disposing of problem clues, shall cooperate with each other and restrict each other。

 

Chapter Two Daily supervision

 

Article 8 Supervisory organs shall, in combination with the duties of the objects of supervision, strengthen daily supervision over the exercise of public power, discover emerging and tendentious problems, and promptly conduct educational reminders。

 

Article 9 In the course of daily supervision, supervisory organs find that the objects of supervision have minor illegal problems, shall promptly talk to remind, criticize and educate, order inspection or give encouragement, and improve the pertinence and effectiveness of supervision。

 

Article 10 The supervisory organs shall strengthen the supervision of letters and visits, and accept, centrally manage, classify and regularly clean up the clues of suspected duty violations and duty crimes。

 

Article 11 The supervisory organ shall regularly analyze the comprehensive situation of the problem clues, study and judge the development trend, conduct in-depth research on the important matters reported and the areas where the problems are concentrated, and put forward disposal requirements to ensure that each case is properly settled。

 

Article 12 The clues that reflect the violation of the general duties of the object of supervision may be dealt with by means of conversation and letter inquiry according to law。

 

13th reflect the management of the party committee at the same level of the leading cadres of the problem clues, the use of conversation to deal with, should be reported to the main person in charge of the party committee at the same level for examination and approval。

 

Where the problem clues of deputy leading cadres reflecting the management of the Party committee at the same level are dealt with by talking, they shall be submitted for approval in accordance with the following procedures:

 

(1) The State Supervisory Commission shall deal with the clues of reflecting the problems by talking, and report to the secretary of the Central Commission for Discipline Inspection and the director of the State Supervisory Commission for examination and approval。

 

(2) The supervision committee below the provincial level adopts the way of talking to deal with the clues to reflect the problem, and reports to the main person in charge of the supervisory committee at the same level for approval。

 

For the disposal of the problem clues reflecting personnel other than those provided for in the preceding two paragraphs, it shall be reported to the competent leadership of the supervisory committee at the same level for examination and approval。

 

Article 14 Those who use correspondence to deal with clues reflecting problems shall be submitted for approval in accordance with the following procedures:

 

(1) The State Supervisory Commission shall deal with and reflect the clues of the problems of the cadres in the form of correspondence, and report to the secretary of the Central Commission for Discipline Inspection and the director of the State Supervisory Commission for approval。

 

(2) The supervision committee below the provincial level shall deal with the cadres managed by the Party committee at the same level by correspondence and report to the main person in charge of the supervision committee at the same level for approval。

 

(3) Personnel other than the preceding two provisions shall be dealt with by means of correspondence to reflect the problem clues, and shall be reported to the competent leadership of the supervisory committee at the same level for approval。

 

Chapter III Preliminary verification

 

Article 15 Preliminary verification of the primary leading cadres managed by the Party committee at the same level shall be reported to the main person in charge of the party committee at the same level for approval。

 

Preliminary verification of deputy leading cadres managed by Party committees at the same level shall be submitted for approval in accordance with the following procedures:

 

(1) The State Supervisory Commission shall carry out preliminary verification and report to the Secretary of the Central Commission for Discipline Inspection and the Director of the State Supervisory Commission for approval。

 

(2) The supervisory committees below the provincial level carry out preliminary verification and report to the main person in charge of the supervisory committees at the same level for approval。

 

Preliminary verification of personnel other than those provided for in the preceding two paragraphs shall be reported to the competent leadership of the supervisory commission at the same level for approval。

 

Article 16 In the course of preliminary verification, supervisory organs may, in accordance with law, take measures of interview, inquiry, inquiry, retrieval, inquest, appraisal, technical investigation and restriction of exit from China;The measures of interrogation, detention, freezing, search, sealing up, seizure or arrest shall be carried out after the case is filed。

 

Article 17 In carrying out preliminary verification, objective evidence shall be collected as far as possible, and where it is necessary to talk with the object of supervision according to law, approval shall be submitted in accordance with the procedure provided for in Article 15 of these provisions。

 

Article 18 Measures other than talks taken during preliminary verification shall be carried out in accordance with the limits of authority and procedures prescribed in Chapter IV。

 

Article 19 Where it is necessary to take technical investigation measures according to law, approval shall be submitted in accordance with the procedures prescribed in Article 35 of these provisions;A supervisory organ below the level of a districted city shall not take technical investigation measures in the preliminary verification。

 

Article 20 The report on the preliminary verification of the primary leading cadres managed by the Party committee at the same level shall be submitted to the main person in charge of the party committee at the same level for examination and approval。

 

The report on the preliminary verification of the deputy leading cadres managed by the Party committee at the same level shall be submitted for approval in accordance with the following procedures:

 

(1) The State Supervisory Commission to carry out preliminary verification report, submitted to the secretary of the Central Commission for Discipline inspection, the director of the State Supervisory Commission for examination and approval。

 

(2) The situation report of the preliminary verification carried out by the supervisory committee below the provincial level shall be submitted to the main person in charge of the supervisory committee at the same level for approval。

 

The report on the preliminary verification of personnel other than those provided for in the preceding two paragraphs shall be submitted to the competent leadership of the supervisory committee at the same level for approval。

 

Chapter IV Filing a case for investigation

 

Article 21 After preliminary verification, it is necessary to file a case for investigation of cadres managed by the Party committee at the same level according to law, it shall be reported to the main person in charge of the party committee at the same level for approval。

 

Where it is necessary to file an investigation on personnel other than cadres managed by the Party committee at the same level, it shall be submitted for approval in accordance with the following procedures:

 

(1) The State Supervisory Commission shall file an investigation and report it to the Secretary of the Central Commission for Discipline Inspection and the director of the State Supervisory Commission for examination and approval。

 

(2) The supervision committee below the provincial level shall conduct a case investigation and report to the main person in charge of the supervision committee at the same level for approval。

 

Article 22 Where a case is filed for investigation of a person involved in a suspected bribery crime or a joint duty crime, the supervisory organ responsible for the investigation of the person under investigation shall generally handle the case filing and investigation procedures。

 

Where a unit is suspected of taking bribes, offering bribes and other duty crimes and needs to be investigated for legal responsibility, the unit shall go through the formalities for filing a case and investigating according to law。

 

For the accident (incident) in the existence of duty violation, duty crime facts, need to investigate legal responsibility, but the relevant responsible personnel is not clear, can be filed on the matter。

 

Article 23 Supervision objects subject to criminal responsibility investigation in accordance with the law, generally no longer perform the filing procedure, by the relevant supervision and inspection departments based on the effective judgment, ruling, decision and the facts, nature and circumstances determined by the judicial organs, put forward opinions on administrative sanctions, transferred to the case trial department for handling。

 

Where administrative penalties are imposed according to law or the judicial organs decide not to pursue criminal responsibility for the objects of supervision, administrative sanctions need to be given, the relevant supervision and inspection departments shall handle the filing procedures。

 

Article 24 For simple cases, after preliminary verification has been found out the main duty violation, duty crime facts, need to be investigated for legal responsibility, there is no need to further carry out investigation, filing and transfer for trial can be submitted for approval together, after the filing procedure is performed before transfer for trial。

 

Article 25 A supervisory organ shall take investigation measures in strict accordance with the prescribed procedures and issue relevant legal documents according to law。

 

Article 26 After filing a case against the person under investigation suspected of violating duties, he shall conduct a conversation according to law。

 

Article 27 Persons under investigation suspected of duty crimes and persons involved in bribery or joint duty crimes shall be interrogated according to law after filing a case。

 

If the person being interrogated is not restricted in his personal freedom, a Notice of interrogation shall be issued to him at the time of the first interrogation。

 

Article 28 Where witnesses and other persons need to be questioned according to law, they shall be submitted for approval in accordance with the following procedures:

 

(1) Ask the leading cadres managed by the Party committee at the same level to report to the main person in charge of the Party committee at the same level for approval。

 

(2) Ask the deputy leading cadres managed by the Party committee at the same level, and report to the main person in charge of the supervisory committee for approval。

 

(3) To inquire about cadres managed by Party committees at the same level other than the previous two provisions, report to the supervisory Commission for examination and approval。

 

(4) To inquire about personnel other than those specified in the preceding three provisions, report to the main person in charge of the supervision and inspection department and the examination and investigation department of the undertaking for approval。

 

If the person questioned is not restricted in his personal freedom, a Notice of Inquiry shall be issued to him at the time of the first inquiry.。

 

Article 29 Where the person under investigation is detained in the detention place set up in the public security organ for conversation (interrogation, inquiry), the investigator shall present the "interrogation, evidence" and work documents。

 

When a criminal suspect or defendant in custody is interviewed (interrogated or questioned), the investigator shall present a letter of introduction and work certificate issued in the name of the supervisory Commission and consult the competent authorities concerned for assistance in handling the case。

 

When conducting interviews (interrogations, inquiries) with persons serving sentences in detention centers or prisons, the investigators shall handle them with a letter of introduction and a work certificate issued in the name of the supervisory Commission。

 

The former cadres in charge of the personnel provided for in the preceding three paragraphs shall be reported to the Secretary of the Central Commission for Discipline Inspection and the director of the State Supervisory Commission for examination and approval。

 

Article 30 Where it is necessary to take lien measures against cadres managed by the Party committee at the same level according to law, a special meeting shall be held to collectively study and decide, and report to the main person in charge of the party committee at the same level for examination and approval。

 

It is necessary to take lien measures on personnel other than cadres managed by the Party committee at the same level, shall be reported to the main person in charge of the supervisory commission for examination and approval。

 

The provincial supervisory commission shall report to the State Supervisory Commission for the record if it takes lien measures。If a supervisory commission at or below a district level adopts a lien measure, it shall be reported to the supervisory commission at the next level for approval。

 

To take lien measures, a Written lien decision shall be made and the lien decision shall be announced to the person who has been detained。

 

Article 31 Where a person involved in the case is submitted to a supervisory organ at a lower level for filing and a lien is taken, the supervisory organ at a higher level shall be subject to examination and approval by the principal person in charge of the supervisory committee。

 

Article 32 The supervisory organ shall guarantee the food, rest and safety of the detained person and provide medical services。Persons detained in interrogation shall reasonably arrange the time and duration of interrogation, and the interrogation record shall be signed by the interrogated after reading it。

 

Article 33 Where foreigners involved in the case or persons who only hold the status of Hong Kong, Macao and Taiwan residents meet the conditions of detention, the examination and investigation department shall report to the main person in charge of the supervisory Commission for examination and approval, and coordinate the judicial organs and law enforcement departments to take necessary measures against them in accordance with relevant laws and regulations to carry out investigation。

 

Article 34 If the person under investigation who should be detained according to law is at large and it is necessary to take wanted measures against him, he shall be submitted for approval in accordance with the following procedures:

 

(1) Take wanted measures against cadres managed by Party committees at the same level who have approved the adoption of lien measures, and report to the main person in charge of the supervisory Commission for examination and approval。

 

(2) Take wanted measures against persons other than the cadre capital managed by the Party committee at the same level who have approved the detention measures, and report it to the competent leadership of the supervisory Commission for examination and approval。

 

To take wanted measures, a "wanted Decision" should be made, with a "lien Decision" and information about the wanted persons, etc., and submitted to the public security organs at the same level for implementation。

 

Article 35 When investigating suspected work-related crimes such as major embezzlement and bribery, a supervisory organ may, when necessary and after strict approval procedures, take technical investigation measures against the person under investigation and the person involved in the case in accordance with law。

 

To take technical investigation measures for the leading cadres managed by the party committee at the same level, on the basis of fulfilling the approval procedures of the discipline inspection committee, the supervision committee and the political and Legal Committee of the Party Committee, it shall be reported to the main person in charge of the Party committee at the same level for approval。Among them, the technical investigation measures taken by the supervisory committee below the provincial level should also be reported to the first-level supervisory committee for approval。

 

Technical investigation measures for deputy leading cadres managed by Party committees at the same level shall be submitted for approval in accordance with the following procedures:

 

(1) Technical investigation measures taken by the State Supervisory Commission shall be approved by the Secretary of the Central Commission for Discipline Inspection and the Director of the State Supervisory Commission, and then submitted to the Secretary of the Central Political and Legal Commission for examination and approval。

 

(2) The provincial and districted municipal supervisory commissions take technical investigation measures, approved by the main person in charge of the supervisory committee at the same level, and reported to the main person in charge of the Political and Legal Committee of the Party Committee for examination and approval。

 

The adoption of technical investigation measures for personnel other than those provided for in the preceding two paragraphs shall be reported to the competent leadership of the supervisory commission at the same level for examination and approval。Among them, the districted municipal supervisory committee shall be reported to the main person in charge of the supervisory committee for approval。

 

Technical investigation measures taken by the county-level supervisory commission and the supervisory commission under the jurisdiction of the municipality directly under the Central government (county) shall be reported to the main person in charge of the supervisory commission at the next level for approval。

 

Article 36 Technical investigation measures shall be entrusted to the public security organs at the same level or the relevant law enforcement organs of the State for implementation。Where the county-level supervisory committee and the municipal (county) supervisory committee under the jurisdiction of the municipality directly under the Central Government need to take technical investigation measures according to law, the supervisory committee at the next higher level shall entrust the public security organ at the same level to carry out the implementation。

 

Article 37 Where it is necessary to take technical investigation measures according to law, a Letter of entrustment for taking Technical Investigation Measures, a Decision on Taking Technical Investigation Measures and a List of Objects applicable to taking Technical investigation Measures shall be issued.。

 

If the information and materials obtained by taking technical investigation measures need to be used as evidence in criminal proceedings, the Notice of Obtaining Technical Investigation Evidence Materials shall be issued and shall be obtained from the public security organ or the relevant law enforcement organ of the State according to law。

 

Article 38 The supervisory organ may take exit restriction measures in accordance with law against persons under investigation who may flee abroad, as well as persons involved in the crime of bribery or joint duty crimes。

 

It is necessary to take exit restriction measures for the leading cadres under the management of the Party committee at the same level, shall be reported to the main person in charge of the party committee at the same level for examination and approval。

 

It is necessary to take exit restriction measures for the deputy leading cadres managed by the Party committee at the same level, shall be submitted for approval in accordance with the following procedures:

 

(1) The State Supervisory Commission shall take exit restriction measures and report them to the Secretary of the Central Commission for Discipline Inspection and the director of the State Supervisory Commission for examination and approval。

 

(2) The supervisory commissions below the provincial level take exit restriction measures, and report to the main person in charge of the supervisory commissions at the same level for approval。

 

It is necessary to take exit restriction measures for persons other than those provided for in the preceding two paragraphs, shall be reported to the competent leadership of the regulatory commission at the same level for examination and approval。

 

Where the supervisory commission below the district level needs to take exit restriction measures, it shall be reported to the provincial supervisory commission for approval。

 

Article 39 To take exit restriction measures, relevant letters shall be issued and submitted to the State immigration administration for implementation together with the Decision on taking Exit restriction Measures。Where border control measures are taken according to law, a Notice of border control objects shall be attached;Where statutory measures of not approving exit are taken in accordance with the law, the Notice on Filing of Notification of Persons not Approving Exit by Law shall be attached.。

 

Article 40 Measures of detention, arrest warrant, technical investigation and restriction of exit shall be strictly controlled and carefully taken in accordance with the conditions and procedures prescribed by law。Where no further measures are needed, they shall be rescinded or revoked in a timely manner。

 

Article 41 A supervisory organ may, in accordance with law, search the body, belongings, residence and other relevant places of a person under investigation who is suspected of a duty crime and a person who may hide the person under investigation or evidence of a crime。

 

It is necessary to take search measures for the leading cadres under the management of the Party committee at the same level, shall be reported to the main person in charge of the party committee at the same level for examination and approval。

 

Where it is necessary to take search measures against the deputy leading cadres managed by the Party committee at the same level, it shall be submitted for approval in accordance with the following procedures:

 

(1) The State Supervisory Commission shall take search measures and report them to the Secretary of the Central Commission for Discipline Inspection and the Director of the State Supervisory Commission for examination and approval。

 

(2) The search measures taken by the supervisory committees below the provincial level shall be reported to the main person in charge of the supervisory committees at the same level for approval。

 

Where it is necessary to take search measures against persons other than those provided for in the preceding two paragraphs, it shall be reported to the competent leadership of the supervisory commission at the same level for examination and approval。

 

A search warrant shall be presented to the person being searched or his family members or witnesses.。

 

Article 42 Where material evidence, documentary evidence, audio-visual materials, electronic data and other evidentiary materials used to prove that the person under investigation is suspected of violating the law or committing a crime shall be obtained in accordance with the law, its Notice of investigation and Evidence Collection shall be issued, and a List of Evidence Collection shall be attached.。

 

Article 43 The personal reports on relevant matters of leading cadres under the management of the Party Committee at the same level shall be submitted for approval in accordance with the following procedures:

 

(1) The State Supervisory Commission shall obtain individual report materials on relevant matters and submit them to the Secretary of the Central Commission for Discipline Inspection and the director of the State Supervisory Commission for examination and approval。

 

(2) The supervision committee below the provincial level to obtain individual relevant matter report materials, submitted to the main person in charge of the supervision committee at the same level for approval。

 

The report materials of personal matters related to personnel other than the full-time leading cadres managed by the Party committee at the same level shall be submitted to the competent leadership of the supervisory Committee for examination and approval。

 

Personnel files, population household registration information, marriage registration information, real estate and vehicle information and other personal information of cadres managed by the Party committee at the same level shall be submitted to the competent leaders of the supervisory Commission for examination and approval。

 

An official letter shall be issued to obtain personal report materials and cadre personnel files。

 

Article 44 Where an investigation into suspected embezzlement, bribery, dereliction of duty and other serious duty violations or duty crimes requires, according to law, inquiries into deposits, remittances, bonds, stocks, fund shares and other assets of the person under investigation, the person involved or the unit, it shall be submitted for approval in accordance with the following procedures:

 

(1) Inquire about the property of leading cadres under the management of the Party at the same level, and report it to the main person in charge of the supervisory Commission for approval。

 

(2) Inquire the property of the deputy leading cadres managed by the Party committee at the same level, and be in charge of leadership approval。

 

(3) To inquire about the property of persons and units other than those provided for in the preceding two items, report to the main person in charge of the supervision and inspection department and the examination and investigation department of the undertaking for examination and approval。

 

To inquire about property, a Notice of Assistance in inquiring about property shall be issued and submitted to the relevant units for execution。

 

Article 45 Supervisory organs investigating suspected serious duty violations or duty crimes and need to freeze the property of the person under investigation, the person involved or the unit according to law, shall report for approval in accordance with the following procedures:

 

(1) Freeze the property of the full-time leading cadres managed by the Party committee at the same level, and report it to the main person in charge of the supervisory Commission for approval。

 

(2) Freeze the property of personnel and units other than the full-time leading cadres managed by the Party committee at the same level, and report it to the competent leadership of the supervisory Commission for approval。

 

Notice of Assistance in freezing property shall be issued and submitted to the relevant units for implementation。

 

Article 46 Where it is necessary to seal up or detain the property or documents of the person under investigation or the person involved in the case according to law, it shall be reported to the competent leadership of the supervisory commission at the same level for examination and approval。

 

To take measures of seizure and seizure, a Notice of seizure/seizure shall be issued, and a List of seized/seized property and documents shall be attached.。

 

Article 47 If measures of freezing, sealing up or detaining are found to be unrelated to the case, they shall be dissolved or returned within three days after the investigation。

 

Article 48 Where inspection and inspection is required according to law, it shall be submitted to the competent leadership of the supervisory commission at the same level for approval, and a Certificate of Inspection and Inspection shall be prepared;Where an inspection is commissioned, a Letter of Entrusted Inspection shall be issued and sent to the unit (personnel) with specialized knowledge and qualifications for inspection。

 

Article 49 Where an appraisal is required according to law, the principal person in charge of the undertaking supervision and inspection department or the examination and investigation department shall, after examination and finding, issue a Letter of entrusting Appraisal and submit it to the unit (person) with appraisal qualification for handling。

 

Chapter V Trial

 

Article 50 After investigation, it is considered that the person under investigation constitutes a duty violation or a duty crime, it shall put forward corresponding handling opinions according to different circumstances, and report to the main person in charge of the supervisory commission for examination and approval before being transferred for trial。

 

Article 51 The supervision and inspection department and the examination and investigation department shall form an investigation report when it is transferred for trial, and the case materials suspected of duty crimes shall be filed separately in accordance with the requirements of criminal proceedings, and transferred to the case hearing department together with the prosecution Proposal, synchronous audio and video recording, and the property report involved, etc。

 

Article 52 After accepting the case, the case hearing department shall take the Supervision Law, the Criminal Law, the Criminal Procedure Law and other laws and regulations as the criterion, conduct a comprehensive trial of the factual evidence, characterization, procedural procedures, and property involved in the suspected illegal or criminal case, and give opinions according to law。

 

Article 53 The case hearing department shall, according to the trial of the case and subject to the examination and approval of the competent leadership of the supervisory Commission, talk with the person under investigation, check the facts of duty violations and joint crimes, listen to the defense opinions, and understand the relevant situation。

 

Article 54 Where a supervisory organ finds that investigators have collected evidence through illegal means such as threats or inducements, it shall exclude the relevant evidence according to law。If defective evidence needs to be corrected or explained, it shall be corrected or explained。

 

Article 55 Major, difficult, complex duty crime cases that require advance intervention by the procuratorial organs shall be reported to the competent leadership of the supervisory Commission for examination and approval after entering the trial stage of the case, and in the name of the supervisory Commission to request the procuratorial organs at the same level to intervene in advance in writing。

 

Article 56 The written opinions formed by the early intervention of the procuratorial organs shall be reviewed by the case hearing department, and if additional evidence is considered necessary, it shall be reported to the competent leadership of the supervisory Commission for examination and approval, and submitted to the examination and investigation department for supplementary evidence。

 

Article 57 For major, difficult and complex cases of duty crimes, after the examination and approval of the competent leadership of the supervisory Commission, the case trial department may organize experts to demonstrate relevant issues。

 

Article 58 The hearing report shall be submitted to the main person in charge of the supervisory commission for examination and approval, submitted to the Standing Committee of the Commission for Discipline Inspection for deliberation, and submitted to the Party Committee at the same level for examination and approval in accordance with relevant provisions。

 

The request and hearing report submitted to the party committee at the same level shall be attached to the resume of the person under investigation, materials of illegal facts, and the "Prosecution Opinion"。

 

The "prosecution Opinion" shall set forth the basic situation of the person under investigation, the investigation summary, the criminal facts and evidence ascertained according to law, the circumstances of the person under investigation being given a heavier, lighter or lighter sentence, the property situation involved, the suspected charges and the legal basis, and other circumstances that need to be explained。

 

Article 59 Where administrative sanctions are given according to law, a decision on sanctions shall be made in the name of the supervisory commission, using the supervisory commission's document number。

 

Where a decision on administrative sanctions needs to be notified by letter to the relevant authorities, it shall be notified by letter in the name of the supervisory commission, using the letter number of the supervisory commission。

 

Article 60 The supervisory organ shall establish and improve the system of publicity of punishment execution, return visit education, situation report and special inspection。

 

Article 61 A supervisory organ shall, in accordance with the law, make recommendations on accountability to the organ that has the power to make decisions on accountability, or directly make decisions on accountability in accordance with the authority of management。

 

Article 62 The supervisory organ shall, after the examination and approval of the principal person in charge of the supervisory commission, put forward supervisory suggestions according to law and urge the rectification and implementation of the problems in the construction of clean government and the performance of duties of the unit to which the object of supervision belongs。

 

Chapter VI Transfer for prosecution

 

Article 63 The decision to transfer the case of suspected duty crimes for prosecution should be issued in the name of the supervisory Commission "prosecution opinion", together with relevant evidence materials transferred to the procuratorial organs at the same level。If it is necessary to supplement the transfer for prosecution, it shall be transferred to the procuratorial organ at the same level after approval by the principal person in charge of the supervisory commission。

 

Article 64 In cases where detention measures have been taken by the supervisory organ for prosecution, the detention measures shall be automatically lifted after the procuratorial organ has first detained the criminal suspect。

 

Article 65 For persons under investigation or involved in a suspected duty crime who meet the conditions for leniency in accordance with the provisions of the law, the supervisory organ may, upon collective study by the leading personnel and the approval of the supervisory organ at the next level, put forward proposals for leniency when transferring them to the procuratorial organ。

 

Article 66 Where a person under investigation suspected of corruption and bribery is abroad, and the supervisory organ considers that the facts of his crime have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, the examination and investigation department shall transfer him for trial in accordance with Article 51 of these Provisions。The case trial department shall, after approval in accordance with Article 58 of these provisions, issue a "prosecution Opinion" in the name of the Supervisory Commission, and transfer it to the procuratorial organ for examination and prosecution together with relevant evidence materials。

 

Article 67 Where the person under investigation suspected of corruption, bribery, dereliction of duty and other duty crimes escapes, cannot arrive at the case after one year of arrest, or the person under investigation dies, and his illegal income and other property involved should be recovered in accordance with the provisions of the criminal law, the examination and investigation department shall be transferred for trial in accordance with Article 51 of these provisions。The case hearing department shall, after approval in accordance with Article 58 of these provisions, issue the "Opinion on confiscation of illegal gains" in the name of the Supervisory Commission, and transfer it to the procuratorial organ together with relevant evidence materials to apply for confiscation of illegal gains according to law。

 

Article 68 Duty crimes and related cases handled by the State Regulatory Commission shall be designated by the case hearing department and the relevant procuratorial office of the Supreme People's Procuratorate through consultation before being transferred for prosecution。

 

Where the duty crime cases and related cases handled by the provincial and districted municipal supervisory commissions have been transferred for prosecution and need to be assigned jurisdiction, the case trial department of the organ shall dock with the relevant departments designated by the people's procuratorate at the same level。

 

Article 69 In cases where the person under investigation is suspected of duty crimes and other crimes and the supervisory organs, public security organs, procuratorial organs and other organs are respectively under the jurisdiction of the investigation and investigation, the supervisory organs shall cooperate with other organs and communicate with the procuratorial organs to determine the procuratorial organs for review and prosecution and related matters。

 

Article 70 Where the procuratorial organs need to obtain synchronous audio and video recordings according to law, the supervisory organs shall support and cooperate, and after the case hearing department reports it to the main person in charge of the supervisory Commission for examination and approval, the examination and investigation department responsible for the investigation shall provide it。

 

Article 71 Where a procuratorial organ, in the course of reviewing and prosecuting a case, deems it necessary to return the case for supplementary investigation according to law, the case handling department of the supervisory organ shall undertake the undertaking and report the relevant situation to the principal person in charge of the supervisory commission。

 

For cases returned for supplementary investigation, the supervisory organ shall treat them seriously and shall not refuse or delay in handling them。

 

Article 72 Where procuratorial organs in the course of examination, investigation and prosecution find new clues on duty violations or duty crimes and transfer them to supervisory organs, supervisory organs shall investigate and dispose of them according to law。

 

Article 73 Where a supervisory organ at a higher level designates a supervisory organ at a lower level to conduct an investigation and prosecutions or trials in different places are required according to law, the supervisory organ at a higher level shall consult with the procuratorial organ at the same level on matters concerning the designation of jurisdiction over the case before transferring the case for prosecution。

 

Article 74 After the prosecution of a case, the supervisory organ shall cooperate with the criminal trial work, and when the people's court requests the relevant investigators to appear in court to explain the legality of evidence collection during the court trial, the supervisory organ shall cooperate according to the needs of the work。

 

Article 75 The case trial department shall organize examination, investigation and case trial personnel to attend the trial of the court where the case is transferred, and strengthen the study, research and application of the criminal law, criminal Procedure law and other relevant laws and regulations。

 

Article 76 Where the procuratorial organs and judicial organs return the relevant property involved in the case in accordance with the law, the examination and investigation department undertaken by the supervisory organs shall put forward opinions on disposal according to the circumstances, report it to the competent leadership of the supervisory Commission for examination and approval, and deal with it:

 

(1) Property that is not the proceeds of a crime but is illegally obtained shall be confiscated or recovered according to law or handed over by the person under investigation on his own initiative。

 

(2) The lawful property shall be returned. Where the original property has been consumed or damaged, compensation shall be made with property equivalent to its value。　

 

Chapter VII International Cooperation against corruption

 

Article 77 The State Supervisory Commission is an important competent organ for international criminal judicial assistance. It coordinates international exchanges and cooperation against corruption, organizes the implementation and review of the United Nations Convention against Corruption and other international treaties, and undertakes the relevant work of the central organ for judicial assistance under the United Nations Convention against Corruption。

 

Article 78 Supervisory organs at all levels conduct anti-corruption international fugitive and asset recovery work in accordance with the provisions of the Supervision Law, the Criminal Procedure Law, the Law on International Criminal Judicial Assistance and other laws and regulations。

 

Article 79 Where the person under investigation suspected of a duty crime has fled, the supervisory organ shall promptly pursue the fugitive and recover the stolen assets。Where Interpol needs to issue a red notice, it shall be reported to the National Supervisory Commission step by step, and the National Supervisory Commission shall coordinate the Ministry of Public Security to apply to Interpol。　

 

Chapter VIII Supervision and administration

 

Article 80 Supervisory organs shall strictly regulate the access system and strictly control political security。Supervisors must be loyal and firm, responsible, law-abiding, honest and clean, and have the basic conditions for performing their duties。

 

Article 81 Supervisory organs shall strengthen political, ideological and organizational construction of the Party, highlight its political functions and strengthen political guidance。If the investigation team has more than 3 full party members, a temporary party branch shall be set up to strengthen the education, management and supervision of the investigation team members, carry out policy and theoretical study, do a good job in ideological and political work, timely identify problems, criticize and correct them, and play the role of a fighting fortress。

 

Article 82 Supervisory organs shall strengthen the work style of their ranks， Establish a good image of abiding by laws and regulations, strict discipline, seeking truth from facts, in-depth style of work, modesty and prudence, and impartial law enforcement，Avoid formalism and bureaucracy，Refrain from thinking of privilege，Refrain from being rude and bossy，We will constantly improve our ideological and political level and our ability to grasp policies，We will build a supervisory team that the Party can trust and the people can trust。

 

Article 83 Where the supervisory personnel inquire about the facts of the case, intercede in a case, or intercede in an intervention, the supervisory personnel handling the supervisory matters shall report to the leader of the investigation team and the principal person in charge of the supervision and inspection department or the examination and investigation department。The relevant information shall be registered and put on record。

 

If it is found that the supervisory personnel handling the supervision matters have contact with the person under investigation, the personnel involved in the case and their specific relations without approval, or there is a situation of communication, the informed person shall promptly report to the leader of the investigation team and the main person in charge of the supervision and inspection department, the examination and investigation department and the main person in charge of the supervision and inspection commission。The relevant information shall be registered and put on record。

 

Article 84 The withdrawal system shall be strictly enforced。If a supervisor handling a supervisory matter is a close relative of the person under investigation or the informant, a witness or an interested person in the case, or there are other circumstances that may affect the impartial handling of the supervisory matter, he or she shall take the initiative to apply for withdrawal, and the person under investigation, the informant and other relevant personnel shall also have the right to request his or her withdrawal。The selection of seconded personnel, nursing staff and investigation sites shall strictly implement the withdrawal system。

 

Article 85 Strictly implement the confidentiality system, control the scope and time of supervision matters, and are not allowed to retain, hide, consult, extract, copy, carry problem clues and information involved in the investigation, and are strictly forbidden to disclose the investigation work。

 

During the work period, members of the investigation team shall use special mobile phones, computers, electronic equipment and storage media, implement numbering management, and take back inspection after the investigation is completed。

 

Report the case, transfer of investigation materials should use encryption facilities, carrying case file materials should be a special car, roll。

 

Article 86 After leaving their posts, secret-related personnel of supervisory organs shall abide by the provisions on the management of the period of removal of secrets, strictly perform the confidentiality obligation, and shall not disclose relevant secrets。

 

Within three years of resignation or retirement, supervisory personnel shall not engage in occupations that are related to supervisory and judicial work and may cause conflicts of interest。

 

Article 87 A supervisory organ shall conduct a conversation in a controllable manner。Do a good job of risk assessment, medical security, safety precautions and contingency plans before the conversation;During the conversation, analyze the content of the conversation and the changes in the case，Found serious duty violations and duty crimes，Where it is necessary to take lien measures according to law，Lien measures shall be taken in a timely manner;Do your interviewee's homework before the conversation is over，After the conversation with the relevant units or personnel according to the procedure，And do follow-up visits and other work。

 

Article 88 Establish and improve the safety responsibility system。The main person in charge of the supervision and inspection department, the review and investigation department and the leader of the review and investigation team are the first responsible person for the review and investigation safety, and the review and investigation team should designate a special person as a security officer。Where a safety accident occurs to the person under investigation, it shall be reported to the State Regulatory Commission step by step within 24 hours and timely guidance of public opinion。

 

Where a serious safety accident occurs, or there are serious violations of discipline and law, the main person in charge of the provincial supervisory commission shall make a review to the National Supervisory Commission, and inform it, and seriously pursue responsibility and accountability。

 

The case supervision and management department shall organize regular inspections and irregular spot checks, report problems in time and urge rectification。

 

Article 89 The supervisory personnel overstep their powers in contacting the heads of relevant regions, departments and units，Solicit data and information from telecommunications business operators and Internet service providers without authorization，Storing clues, leaking air, violating security and confidentiality provisions，Accepting requests, intervening in investigations, using cases for personal gain, handling personal cases，Insult, beat, abuse, corporal punishment or disguised corporal punishment of the person under investigation，Collecting evidence in an illegal manner，Seize and misappropriate the property involved in the private division，The act of accepting banquets and goods，Handle it seriously in accordance with regulations;Suspected of duty violation or duty crime，Legal responsibility shall be investigated according to law。

 

Article 90 If a supervisory organ fails to uphold the discipline of supervision and law enforcement, it shall be held seriously accountable。

 

If there is a major mistake in the handling of the case, and the supervisory personnel are suspected of serious duty violations or duty crimes, the "double investigation of one case" shall be carried out, and the direct responsibility shall be investigated and the responsibility of the relevant leading personnel shall be seriously investigated。

 

Establish a quality responsibility system for handling cases, and implement lifelong accountability for abuse of power, dereliction of duty and failure to bear serious consequences。

 

Article 91 In the course of performing their duties, supervisory organs shall guarantee the lawful operation of enterprises according to law, and shall not use their powers to illegally interfere with the production and operation of enterprises。Where an enterprise operator is required to assist in an investigation, its lawful rights and interests of person and property shall be protected according to law。

 

Chapter IX Supplementary Provisions ‍

 

Article 92 The examination and approval authority involved in these provisions refers to the lowest examination and approval authority, which can be submitted for approval in accordance with the higher level of examination and approval authority when necessary。

 

The supervision and inspection departments and examination and investigation departments referred to in these Provisions include the supervision and inspection rooms of supervisory organs, examination and investigation rooms, Party and government style supervision rooms, cadres supervision rooms, party committees and other departments that perform supervision and inspection and examination and investigation functions and cross-room examination and investigation teams。

 

Article 93 The supervisory organs, supervisory commissioners accredited or dispatched, as well as the supervisory organs of state-owned enterprises and other units entrusted with the power of supervision shall, in accordance with the authorization, be implemented in accordance with these Provisions。

 

Article 94 The State Regulatory Commission shall be responsible for the interpretation of these provisions。

 

Article 95 These provisions shall come into force as of the date of promulgation。

 

 

 

From: Central Commission for Discipline Inspection and State Supervisory Commission website