The Supervision Law of the People's Republic of China, adopted by the First Session of the 13th National People's Congress of the People's Republic of China on March 20, 2018, is hereby promulgated and shall come into force as of the date of promulgation.

Xi Jinping, President of the People's Republic of China

March 20, 2018

Supervision Law of the People's Republic of China

(Adopted at the First Session of the 13th National People's Congress on March 20, 2018)

catalogue

Chapter I General provisions

Chapter II Supervisory organs and their duties

Chapter III Scope and jurisdiction of supervision

Chapter IV Supervision authority

Chapter V Supervision procedures

Chapter VI International cooperation against corruption

Chapter VII Supervision over supervisory organs and supervisory personnel

Chapter VIII Legal liability

Chapter IX Supplementary Provisions

Chapter I General provisions

Article 1 This Law is enacted in accordance with the Constitution with a view to deepening the reform of the state supervision system, strengthening supervision over all public officials who exercise public power, achieving full coverage of state supervision, carrying out in-depth anti-corruption work, and modernizing the state governance system and capacity.

Article 3 Supervisory commissions at all levels are specialized organs that exercise the functions of State supervision. In accordance with this Law, they supervise all public officials who exercise public power (hereinafter referred to as "public officials"), investigate violations of duties and crimes committed by them, build an honest government and fight corruption, and safeguard the dignity of the Constitution and laws.

Article 4 A supervisory commission shall exercise its supervisory power independently in accordance with the law and shall not be subject to interference by any administrative organ, public organization or individual.

Supervisory organs shall cooperate with the judicial organs, procuratorial organs and law enforcement departments in handling cases of duty violations and duty crimes and check each other.

Where a supervisory organ needs assistance in its work, relevant organs and units shall provide assistance according to law as requested by the supervisory organ.

Article 5 State supervision work shall strictly abide by the Constitution and laws, be based on facts and take law as the criterion; All parties shall be equal in the application of the law to protect the legitimate rights and interests of the parties; Equal powers and responsibilities, strict supervision; Punishment should be combined with education, and leniency should be combined with severity.

Article 6 The State supervision work must address both the symptoms and root causes in a comprehensive manner, strengthen supervision and accountability, and severely punish corruption; Deepen reform, improve the rule of law, and effectively check and supervise power; We will strengthen education in the rule of law and ethics, carry forward fine traditional Chinese culture, and establish a long-term mechanism for not daring to corrupt, not being able to corrupt, and not wanting to corrupt.

Chapter II Supervisory organs and their duties

Article 7 The National Supervisory Commission of the People's Republic of China is the highest supervisory organ.

Supervision commissions shall be established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts.

Article 8 The National Supervisory Commission shall be established by the National People's Congress and shall be responsible for supervision work throughout the country.

The National Supervisory Commission shall be composed of a chairman, vice-chairmen and members. The Chairman shall be elected by the National People's Congress, and the vice-chairmen and members shall be appointed or removed by the Standing Committee of the National People's Congress upon the proposal of the Chairman of the National Supervisory Commission.

The term of office of the chairman of the National Supervisory Commission is the same as that of the National People's Congress, and he shall serve no more than two consecutive terms.

The National Supervisory Commission is responsible to and subject to supervision by the National People's Congress and its Standing Committee.

Article 9 Local supervisory commissions at various levels shall be established by the people's congresses at the corresponding levels and shall be responsible for supervision work within their respective administrative areas.

A local supervisory committee at various levels shall be composed of a chairman, vice-chairmen and members. The chairman shall be elected by the people's congress at the corresponding level, and the vice-chairmen and members shall be appointed or removed by the Standing Committee of the people's congress at the corresponding level upon the proposal of the chairman of the supervisory committee.

The term of office of the directors of local supervisory commissions at various levels is the same as that of the people's congress at the corresponding level.

Local supervisory committees at various levels are responsible to and subject to supervision by the people's Congress and its standing committee at the corresponding level and the supervisory committee at the next higher level.

Article 10 The National Supervisory Commission shall lead the work of the local supervisory commissions at various levels, and the supervisory commissions at higher levels shall lead the work of the supervisory commissions at lower levels.

Article 11 Supervisory commissions shall perform their duties of supervision, investigation and disposal in accordance with this Law and relevant laws:

(1) To educate public officials on clean governance, and to supervise and inspect their performance of their duties according to law, exercise their power impartially, engage in political and ethical activities with integrity;

(2) To investigate crimes involving embezzlement and bribery, abuse of power, dereliction of duty, rent-seeking of power, transfer of benefits, favoritism and malpractice, and waste of state assets;

(3) To make decisions on administrative sanctions against public officials who have violated the law; To hold accountable leaders who fail to perform their duties and responsibilities; For those suspected of duty crimes, the investigation results shall be transferred to the people's Procuratorate for examination and prosecution according to law; Put forward supervision suggestions to the units to which the object of supervision belongs.

Article 12 Supervisory commissions at various levels may appoint or dispatch supervisory bodies and ombudsmen to organs of the Communist Party of China at the same level, state organs, organizations and units authorized or entrusted by laws and regulations to manage public affairs, as well as to the administrative areas and state-owned enterprises under their jurisdiction.

Supervisory organs and ombudsmen are responsible to the supervisory committees that have been appointed or dispatched to them.

Article 13 Supervisory bodies and ombudsmen accredited or dispatched shall, in accordance with their authorization and administrative limits, exercise supervision over public officials according to law, make recommendations for supervision, and investigate and deal with public officials according to law.

Article 14 The State practices a system of supervisors, and determines, according to law, a system for the establishment of levels, appointment, removal, evaluation and promotion of supervisors.

Chapter III Scope and jurisdiction of supervision

Article 15 Supervisory organs shall exercise supervision over the following public officials and related personnel:

(1) Civil servants in the organs of the Communist Party of China, the people's congresses and their standing committees, the people's governments, the supervisory commissions, the people's courts, the people's procuratorates, the committees of the Chinese People's Political Consultation, the democratic parties and the federations of industry and commerce at all levels, as well as persons managed in accordance with 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 legally entrusted by state organs to manage public affairs;

(3) Managers of state-owned enterprises;

(4) personnel engaged in management in public educational, scientific research, cultural, medical and health care, sports and other institutions;

(5) personnel engaged in management in grassroots mass self-governing organizations;

(6) Other personnel performing their public duties according to law.

Article 16 Supervisory organs at various levels shall, in accordance with the limits of their administrative powers, exercise jurisdiction over the supervisory matters concerning the personnel provided for in Article 15 of this Law within their respective jurisdictions.

A supervisory organ at a higher level may handle supervisory matters within the jurisdiction of a supervisory organ at a lower level or, when necessary, those within the jurisdiction of a supervisory organ at all levels under its jurisdiction.

Where there is a dispute between supervisory organs over the jurisdiction of supervisory matters, it shall be determined by their common superior supervisory organs.

Article 17 A supervisory organ at a higher level may assign the supervisory matters under its jurisdiction to a supervisory organ at a lower level, or assign the supervisory matters over which a supervisory organ at a lower level has jurisdiction to another supervisory organ.

If a supervisory organ considers that the supervisory matters under its jurisdiction are major and complex and need to be subject to the jurisdiction of a higher supervisory organ, it may report them to a higher supervisory organ for jurisdiction.

Chapter IV Supervision authority

Article 18 Supervisory organs, in exercising their functions and powers of supervision and investigation, have the right to obtain information from relevant units and individuals and to collect and obtain evidence according to law. The units and individuals concerned shall provide them truthfully.

Supervisory organs and their staff shall keep confidential the state secrets, trade secrets and personal privacy that they come to know in the course of supervision and investigation.

No unit or individual may forge, conceal or destroy evidence.

Article 19 With respect to objects of supervision that may have violated duties, the supervisory organ may, in accordance with the limits of its administrative powers, directly or entrust the relevant organ or person to hold a conversation or request explanation of the situation.

Article 20 In the course of investigation, the supervisory organ may ask the person under investigation who is suspected of violating duties to make a statement about the suspected illegal acts and, when necessary, issue a written notice to the person under investigation.

The supervisory organ may interrogated the person under investigation on suspicion of embezzlement, bribery, dereliction of duty and other duty crimes, and require him to truthfully confess the circumstances of the suspected crime.

Article 21 In the course of investigation, a supervisory organ may question witnesses and other persons.

Article 22 Where the person under investigation is suspected of corruption, bribery, dereliction of duty and other serious duty violations or duty crimes, the supervisory organ has mastered some of its criminal facts and evidence, there are still important issues that need further investigation, and there are any of the following circumstances, subject to the approval of the supervisory organ in accordance with law, he may be detained in a specific place:

(1) involving a major or complicated case;

(2) those who may flee or commit suicide;

(3) may collude in confessions or falsify, conceal or destroy evidence;

(4) There may be other acts obstructing the investigation.

For persons involved in the crime of bribery or joint duty crime, the supervisory organ may take measures of detention in accordance with the provisions of the preceding paragraph.

The establishment, management and supervision of places of detention shall be carried out in accordance with the relevant provisions of the State.

Article 23 When investigating suspected embezzlement, bribery, dereliction of duty and other serious violations of duty or crimes committed by duty, supervisory organs may, as required by their work, inquire into and freeze deposits, remittances, bonds, stocks, fund shares and other assets of units and individuals involved. Relevant units and individuals shall cooperate.

If the frozen property is found to be unrelated to the case, the freeze shall be lifted within three days after the investigation and the property shall be returned.

Article 24 A supervisory organ may search the body, belongings, residence and other relevant places of a person under investigation who is suspected of a crime committed by duty and of a person who may hide the person under investigation or evidence of a crime. When conducting a search, a search warrant shall be produced and witnesses such as the person being searched or his family members shall be present.

The search of a woman's body shall be carried out by a female officer.

When conducting a search, a supervisory organ may, as required by its work, request the cooperation of a public security organ. Public security organs shall provide assistance according to law.

Article 25 In the course of investigation, a supervisory organ may seize, seal up or detain property, documents, electronic data and other information used to prove that the person under investigation is suspected of violating laws and crimes. To take measures of retrieval, seizure or seizure, the original articles shall be collected, photographed, registered, numbered and made out one by one in person, together with the holder or the custodian or witness, and the persons present shall check and sign the list on the spot, and the copies of the list shall be handed over to the holder or the custodian of the property or documents.

The supervisory organ shall set up special accounts and special places for the property and documents seized, sealed up or seized, appoint specialized personnel to keep them properly, strictly carry out the procedures for handover and transfer, check accounts regularly and verify them, and may not damage or use them for other purposes. Articles of unknown value shall be promptly identified and specially sealed up for safekeeping.

If the sealed or seized property or documents are found to have nothing to do with the case, the sealed or seized property or documents shall be lifted and returned within three days after the investigation.

Article 26 In the course of an investigation, a supervisory organ may directly or designate or employ persons with specialized knowledge and qualifications to conduct an investigation and inspection under the auspices of the investigators. A written record of the investigation and inspection shall be made, which shall be signed or sealed by the personnel participating in the investigation and the witnesses.

Article 27 In the course of investigation, a supervisory organ may appoint or employ persons with specialized knowledge to make an appraisal of specialized problems in a case. After making an appraisal, the appraiser shall issue an appraisal opinion and sign it.

Article 28 A supervisory organ investigating suspicion of major embezzlement, bribery and other duty crimes may, when necessary and after strict approval procedures, take technical investigation measures and hand them over to the relevant organ for execution in accordance with relevant regulations.

The approval decision shall specify the types of technical investigation measures to be taken and the objects of application, and shall be valid within three months from the date of issuance; For complex and difficult cases, where it is still necessary to continue to take technical investigation measures after the expiration of the time limit, the validity period may be extended with approval, and each time shall not exceed three months. Where it is not necessary to continue to take technical investigation measures, it shall be dissolved in a timely manner.

Article 29 If a person under investigation who should be detained according to law is at large, the supervisory organ may decide to place a wanted person in its own administrative region, and the public security organ shall issue a wanted notice and hunt him down. Where the scope of the wanted persons is beyond their own administrative area, they shall be reported to the supervisory organ at a higher level that has the power to make the decision for decision.

Article 30 With the approval of the supervisory organ at or above the provincial level, the supervisory organ may, in order to prevent the person under investigation and the relevant personnel from escaping abroad, take exit restriction measures against the person under investigation and the relevant personnel, which shall be implemented by the public security organ according to law. Where there is no need to continue to take exit restriction measures, they shall be lifted in a timely manner.

Article 31 Where a person under investigation for a suspected duty crime voluntarily pleads guilty to punishment under any of the following circumstances, the supervisory organ may, upon collective study by its leading personnel and approval by the supervisory organ at the next level, propose lenient punishment when transferring the person to the people's procuratorate:

(1) Voluntarily surrendering and sincerely repenting;

(2) actively cooperating with the investigation work and truthfully confessing illegal and criminal acts that the supervisory organ has not yet mastered;

(3) actively returning the stolen goods to reduce losses;

(4) Having significant meritorious service performance or cases involving major national interests.

Article 32 Where a person involved in an illegal duty crime exposes the relevant illegal duty crime of the person under investigation and is verified, or provides important clues that are helpful to the investigation of other cases, the supervisory organ may, upon collective study by the leading personnel and the approval of the supervisory organ at the next level, propose lenient punishment when transferring the case to the people's procuratorate.

Article 33 Physical evidence, documentary evidence, witness testimony, statements and justifications of persons under investigation, audio-visual materials, electronic data and other evidentiary materials collected by supervisory organs in accordance with the provisions of this Law may be used as evidence in criminal proceedings.

When collecting, fixing, examining and using evidence, supervisory organs shall be consistent with the requirements and standards for evidence in criminal trials.

Evidence collected by illegal means shall be excluded in accordance with the law and shall not be used as the basis for handling the case.

Article 34 Where state organs such as the people's courts, people's procuratorates, public security organs, and auditing organs find clues in the course of their work that public officials are suspected of corruption, bribery, dereliction of duty, and other violations of the law or crimes committed on duty, they shall transfer them to supervisory organs, which shall investigate and dispose of them according to law.

Where the person under investigation is suspected of serious duty violations or duty crimes, as well as other illegal crimes, supervision organs shall generally conduct the main investigation, and other organs shall provide assistance.

Chapter V Supervision procedures

Article 35 A supervisory organ shall accept a report or report and handle it in accordance with the relevant provisions. If the case does not fall under the jurisdiction of the competent authority, it shall be transferred to the competent authority for handling.

Article 36 Supervisory organs shall carry out their work in strict accordance with the procedures, and establish a working mechanism for coordination and mutual restriction among departments for the disposal of problem clues, investigation and trial.

Supervisory organs shall strengthen the supervision and management of the whole process of investigation and disposal, and set up corresponding working departments to perform management and coordination functions such as lead management, supervision and inspection, urging and handling, and statistical analysis.

Article 37 The supervisory organ shall, in accordance with the relevant provisions, put forward opinions on the disposal of the problem clues of the objects of supervision, go through the examination and approval procedures, and conduct classified handling. The disposal of clues shall be regularly summarized and reported, and regularly checked and random checked.

Article 38 If it is necessary to handle the problem clues by means of preliminary verification, the supervisory organ shall perform the examination and approval procedures in accordance with the law and set up a verification team. After the completion of the preliminary verification work, the verification team shall write a preliminary verification report and put forward handling suggestions. The undertaking department shall put forward opinions on classified handling. The preliminary verification report and opinions on classified handling shall be submitted to the principal person in charge of the supervisory organ for examination and approval.

Article 39 After preliminary verification, where the object of supervision is suspected of duty violations and crimes, and legal responsibility needs to be investigated, the supervisory organ shall handle the filing procedures in accordance with the prescribed limits of authority and procedures.

After approving the filing according to law, the principal person in charge of the supervisory organ shall preside over a special meeting to study and determine the investigation plan and decide on the investigation measures that need to be taken.

The decision on filing an investigation shall be announced to the person under investigation and notified to the relevant organization. Where a serious duty violation or duty crime is suspected, the family of the person under investigation shall be notified and publicized to the public.

Article 40 The supervisory organ shall investigate cases of duty violation and duty crime, collect evidence of whether the person under investigation has committed a crime and the seriousness of the case, identify the facts of the crime, and form a complete and stable chain of evidence that confirms each other.

It is strictly prohibited to collect evidence by threatening, enticing, deceiving or other illegal means, and it is strictly prohibited to insult, beat, abuse, corporal punishment or disguised corporal punishment of the persons under investigation or involved in the case.

Article 41 Where investigators take investigative measures such as interrogation, inquiry, detention, search, retrieval, seizure, seizure, investigation and inspection, they shall, in accordance with the relevant provisions, present their credentials, issue a written notice, which shall be conducted by two or more persons, and form written materials such as a written record or report, which shall be signed and sealed by the relevant persons.

When conducting interrogation, search, seizure, seizure and other important evidence collection work, investigators shall make audio and video recordings of the whole process and keep them for future reference.

Article 42 Investigators shall strictly implement the investigation plan and may not arbitrarily expand the scope of the investigation or change the objects and matters of the investigation.

Important matters in the course of investigation shall be collectively studied and reported according to procedure.

Article 43 Where a supervisory organ takes a lien measure, the leading personnel of the supervisory organ shall collectively study and decide. Where a supervisory organ below a districted city takes a lien measure, it shall report to the supervisory organ at the next level for approval. Where a provincial supervisory organ takes a lien, it shall report to the National Supervisory Commission for the record.

The retention period shall not exceed three months. Under special circumstances, it may be extended once, and the extension period shall not exceed three months. Where a supervisory organ below the provincial level takes lien measures, the extension of the lien period shall be reported to the supervisory organ at the next level for approval. If the supervisory organ finds that the lien is inappropriate, it shall promptly rescind it.

When a supervisory organ takes a lien, it may request the cooperation of a public security organ according to its work needs. Public security organs shall provide assistance according to law.

Article 44 The unit to which the detained person belongs and his family members shall be notified within 24 hours after the detention measures are taken against the person under investigation, except where it is possible to destroy or falsified evidence, interfere with the testimony of witnesses or collude in giving testimony and other circumstances that impede the investigation. After the circumstances impeding the investigation disappear, the unit to which the detained person belongs and his family members shall be notified immediately.

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.

If a detained person is sentenced to public surveillance, criminal detention or fixed-term imprisonment according to law after being transferred to a judicial organ for suspected crimes, one day of detention shall be replaced by two days of public surveillance, or one day of criminal detention or fixed-term imprisonment.

Article 45 The supervisory organ shall, on the basis of the results of its supervision and investigation, make the following disposals according to law:

(1) To remind, criticize, educate, instruct, or encourage public servants who have committed duty violations, but whose circumstances are relatively minor, directly or by entrusting relevant organs or personnel according to their administrative powers;

(2) making decisions on administrative punishments such as warning, demerit record, major demerit record, demotion, removal or dismissal of public officials who have violated the law in accordance with legal procedures;

(3) The leading personnel who are responsible for the non-performance or incorrect performance of their duties shall be directly made accountable in accordance with the limits of their administrative authority, or recommendations shall be made to the organs with the power to make accountable decisions;

(4) For a suspected duty crime, if the supervisory organ finds through investigation that the facts of the crime are clear and the evidence is reliable and sufficient, it shall prepare a statement of opinion for prosecution and transfer it together with the case files and evidence to the people's Procuratorate for examination and prosecution in accordance with law;

(5) Put forward supervision suggestions on the problems existing in the construction of clean government and the performance of duties of the units to which the supervision objects belong.

After investigation, if there is no evidence to prove that the person under investigation has committed any illegal or criminal acts, the supervisory organ shall cancel the case and notify the unit to which the person under investigation belongs.

Article 46 A supervisory organ shall, after investigation, confiscate, recover or order a return or compensation of property illegally obtained; Property obtained in connection with a crime shall be transferred to the people's Procuratorate.

Article 47 In the case transferred by a supervisory organ, the people's procuratorate shall take compulsory measures against the person under investigation in accordance with the Criminal Procedure Law of the People's Republic of China.

If the people's procuratorate, upon examination, considers that the facts of the crime have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute.

If the people's procuratorate, upon examination, deems it necessary to make additional verification, it shall return the case to the supervisory organ for additional investigation, and may conduct additional investigation on its own if necessary. For cases of supplementary investigation, the supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times.

In the case of non-prosecution as provided for in the Criminal Procedure Law of the People's Republic of China, the People's Procuratorate shall, upon approval by the People's Procuratorate at the next higher level, make a decision not to prosecute according to law. If the supervisory organ considers that the decision not to bring a suit is wrong, it may apply to the people's procuratorate at the next higher level for reconsideration.

Article 48 Where, in the course of investigating a case of embezzlement, bribery, dereliction of duty or other duty crimes, the person under investigation escapes or dies, and it is necessary to continue the investigation, the supervisory organ shall, upon approval by the supervisory organ at or above the provincial level, continue the investigation and draw a conclusion. If the person under investigation escapes and fails to appear on the case one year after being wanted, or dies, the supervisory organ shall request the people's procuratorate to apply to the people's court for confiscation of the illegal gains in accordance with legal procedures.

Article 49 If a supervisory object is not satisfied with a decision made by a supervisory organ concerning himself, it may, within one month from the date of receipt of the decision, apply for a review to the supervisory organ that made the decision, and the reviewing organ shall make a review decision within one month. If the object of supervision still refuses to accept the decision of review, it may, within one month from the date of receiving the decision of review, apply to the supervisory organ at the next higher level for review, and the reviewing organ shall make a decision of review within two months. During the period of review and review, the implementation of the original handling decision shall not be suspended. If the reviewing authority finds that there is a mistake in the handling decision, the original handling authority shall promptly correct it.

Chapter VI International cooperation against corruption

Article 50 The National Supervisory Commission shall make overall plans and coordinate international exchanges and cooperation against corruption with other countries, regions and international organizations, and organize the implementation of international anti-corruption treaties.

Article 51 The National Supervisory Commission shall organize and coordinate relevant parties to strengthen cooperation with relevant countries, regions and international organizations in such fields as anti-corruption law enforcement, extradition, judicial assistance, transfer of sentenced persons, asset recovery and information exchange.

Article 52 The National Supervisory Commission shall strengthen the organization and coordination of the anti-corruption international fugitive, asset recovery and anti-evasion work, and urge the relevant units to do a good job in the relevant work:

(1) In major cases of corruption, bribery, dereliction of duty and other duty crimes, where the person under investigation has fled outside the country (territory) and the evidence is relatively solid, they shall be tracked down and brought to justice through overseas cooperation in pursuing fugitives;

(2) request the country where the stolen money and goods are located to inquire, freeze, seize, confiscate, recover and return the assets involved;

(3) To inquire and monitor the entry, exit and cross-border capital flows of public officials suspected of duty crimes and their related personnel, and to set up anti-evasion procedures during the investigation of cases.

Chapter VII Supervision over supervisory organs and supervisory personnel

Article 53 Supervisory commissions at various levels shall accept the supervision of the people's congresses and their standing committees at the corresponding levels.

The Standing committees of the people's congresses at all levels hear and deliberate special work reports of the supervisory committees at the corresponding levels, and organize inspections of law enforcement.

When a people's congress at or above the county level and its standing Committee are in session, deputies to the people's congress or members of the standing committee may, in accordance with procedures prescribed by law, raise questions or inquiries on issues related to supervision work.

Article 54 Supervisory organs shall disclose supervisory work information in accordance with the law and accept democratic supervision, social supervision and supervision by public opinion.

Article 55 Supervisory organs strengthen supervision over the performance of their duties and compliance with the law by setting up special internal supervisory bodies, etc., so as to build a loyal, clean and responsible supervisory team.

Article 56 Supervisors must follow an exemplary pattern of abiding by the Constitution and the law, being faithful to their duties, enforcing the law impartially, being honest and incorruptible, and keeping secrets; Must have good political quality, familiar with supervision business, have the ability to use laws, regulations, policies and investigation and evidence collection, consciously accept supervision.

Article 57 Where supervisors inquire about a case, interfere in a case, or intercede, supervisors handling matters under supervision shall report in a timely manner. 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 persons under investigation, the persons involved in the case and their specific relations without approval, or there is a situation of interaction, the informed persons shall report it in a timely manner. The relevant information shall be registered and put on record.

Article 58 Supervisory personnel handling supervisory matters under any of the following circumstances shall withdraw themselves, and the object of supervision, the informant and other relevant personnel shall also have the right to request their withdrawal:

(1) is the object of supervision or a close relative of the informant;

(2) Having served as a witness in the case;

(3) he or his close relatives have an interest in the matters under supervision;

(4) Other circumstances that may affect the impartial handling of supervisory matters.

Article 59 After leaving their posts, secret-related personnel of supervisory organs shall abide by the provisions on the management of secret-breaking period, strictly perform the confidentiality obligation, and shall not divulge 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 60 Where a supervisory organ or its staff commits any of the following acts, the person under investigation and his close relatives shall have the right to appeal to the organ:

(1) the retention is not rescinded at the expiration of the statutory period;

(2) sealing up, detaining or freezing property unrelated to the case;

(3) failing to lift the sealing up, detention or freezing measures that should be lifted;

(4) embezzling, misappropriating, privately distributing, exchanging or using sealed, seized or frozen property in violation of regulations;

(5) Other acts that violate laws and regulations and infringe upon the legitimate rights and interests of the person under investigation.

The supervisory organ accepting the complaint shall make a decision on handling the complaint within one month from the date of accepting the complaint. If the complainant is not satisfied with the decision on handling, he may apply to the supervisory organ at the next higher level for review within one month from the date of receipt of the decision on handling, and the supervisory organ at the next higher level shall make a decision on handling within two months from the date of receipt of the application for review.

Article 61 Where, at the end of the investigation, it is found that the basis for filing a case is insufficient or untrue, there are major mistakes in the handling of the case, or the supervisors seriously violate the law, the leading personnel who are responsible and the persons directly responsible shall be investigated for their responsibilities.

Chapter VIII Legal liability

Article 62 Where a relevant unit refuses to implement the handling decision made by a supervisory organ, or refuses to adopt a supervisory recommendation without justifiable reasons, its competent department or higher authority shall order it to make corrections and issue a circular of criticism to the unit; The leading personnel and persons directly responsible shall be dealt with according to law.

Article 63 Where a relevant person commits any of the following acts in violation of the provisions of this Law, the unit to which he belongs, the competent department, the organ at a higher level or the supervisory organ shall order him to make corrections and deal with him according to law:

(1) refusing to provide relevant materials as required, refusing or obstructing the implementation of investigation measures, and refusing to cooperate with the investigation of the supervisory organ;

(2) providing false information to cover up the truth;

(3) confessing in collusion or forging, concealing or destroying evidence;

(4) preventing others from exposing or providing evidence;

(5) Other acts in violation of the provisions of this Law, the circumstances of which are serious.

Article 64 The object of supervision retaliates against the complainant, informant, witness or supervisory personnel; Any complainant, informant or witness who fabricates facts and falsely accuses or frames the object of supervision shall be dealt with according to law.

Article 65 Where a supervisory organ or its staff commits any of the following acts, the responsible leading personnel and persons directly responsible shall be dealt with according to law:

(1) disposing of clues without approval or authorization, concealing or failing to report major cases, or secretly retaining and handling materials involved;

(2) using his power or position to interfere with the investigation work or use the case for personal gain;

(3) Illegally stealing or leaking information about investigation work, or leaking information about reported matters, acceptance of reports and informants;

(4) extorting or inducing confessions from persons under investigation or involved in the case, or insulting, beating, maltreating, corporal punishment or corporal punishment in disguised form;

(5) disposing of sealed, seized or frozen property in violation of regulations;

(6) In violation of regulations, a safety accident occurs in handling a case, or conceals, fails to report, makes an inaccurate report, or improperly handles a safety accident;

(7) taking lien measures in violation of regulations;

(8) restricting others from leaving the country in violation of regulations, or failing to lift exit restrictions in accordance with regulations;

(9) other acts of abuse of power, dereliction of duty, favoritism and malpractice.

Article 66 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Article 67 Where a supervisory organ or its staff infringes upon the lawful rights and interests of a citizen, legal person or other organization and causes damage, it shall pay state compensation according to law.

Chapter IX Supplementary Provisions

Article 68 The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall formulate specific provisions for supervision in accordance with this Law.

Article 69 This Law shall come into force on the date of promulgation. The Law of the People's Republic of China on Administrative Supervision shall be repealed simultaneously.