Regulations of Jiangsu Province on Duty Crime Prevention
Regulations of Jiangsu Province on Duty Crime Prevention
· Document Number：Announcement No. 114 of the Standing Committee of the Tenth People’s Congress of Jiangsu Province
· Area of Law： Government Affairs
· Level of Authority： Provincial Local Regulations
· Date issued：04-04-2006
· Effective Date：06-01-2006
· Status： Effective
· Issuing Authority： Jiangsu Province People's Congress (incl. Standing Committee)
Announcement of the Standing Committee of the Tenth People's Congress of Jiangsu Province
The Regulations of Jiangsu Province on Duty Crime Prevention, adopted at the Twenty-First Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on March 31, 2006, are hereby promulgated and shall enter into effect as of June 1, 2006.
April 4, 2006
Regulations of Jiangsu Province on Duty Crime Prevention
(Adopted at the Twenty-First Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on March 31, 2006)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the relevant laws and administrative regulations of the State, in light of the specific situation of this Province, and for the purposes of preventing duty crime, pushing forward the construction of clean and honest administration, and promoting social and economic development.
Article 2 These regulations shall apply to duty crime prevention work conducted by state organs, people's organizations and state-owned companies, enterprises and institutions within the administrative region of this Province.
Duty crimes as used in these Regulations refer to such crimes as embezzlement and bribery, dereliction of duty by staff members of state organs, crime of infringement on citizen's personal rights and democratic rights committed by staff members of state organs by taking advantage of their powers，and other crimes committed by staff members of state organs by taking advantage of their powers.
Article 3 All state organs, people's organizations and state-owned companies, enterprises and institutions shall bear the responsibility to prevent duty crimes, and every citizen shall have the right to participate in the prevention of duty crimes.
Article 4 The principles of dealing with both root causes and superficial symptoms, conducting the work in a comprehensive manner, integrating punishment with prevention, and attaching importance to prevention shall be implemented and the rule of giving equal attention to educational, institutional and supervisory measures and combining the internal prevention within the work units and the special prevention conducted by the functional organs with the social prevention shall be insisted for duty crime prevention.
Article 5 The leadership system and working mechanism shall be established and improved for duty crime prevention. The coordination organ for duty crime prevention of the Province, a city divided into districts or a county (city, district) shall be responsible for directing and coordinating the duty crime prevention work within its administrative region. .
The local people's procuratorate at or above the county level shall be responsible for the routine work of the coordination organ for duty crime prevention.
The state organs, people's organizations and state-owned companies, enterprises, institutions shall conduct the duty crime prevention work within their respective scope of functions and responsibilities.
Article 6 The duty crime prevention shall be carried out in compliance with laws and regulations, and for the maintenance of the normal management, production and operation orders of state organs, people's organizations, state-owned companies, enterprises and institutions.
Article 7 The duty crime prevention work shall follow primarily territoriality management with level management as supplement.
Article 8 The special fund for duty crime prevention shall be incorporated in the fiscal budget of the people's government at or above the county level.
Chapter II Prevention Responsibilities
Article 9 The state organs, people's organizations and state-owned companies, enterprises and institutions shall carry out duty crime prevention work according to law, and perform the following duties:
(1) formulating working plans and measures for duty crime prevention and organizing their implementation;
(2) investigating and dealing with illegal acts within their scopes of functions and responsibilities and transferring to the judicial organ in time cases found suspected of duty crime;
(3) inspecting and directing the duty crime prevention work conducted by the subordinate units;
(4) accepting supervision and guidance from relevant state organs and providing relevant information and documents faithfully;
(5) carrying out other duties for duty crime prevention.
Article 10 The duty crime prevention work shall practice the leadership responsibility system. The chief responsible person of a state organ, a people's organization or a state-owned company, enterprise or institution shall be held as the first responsible person, and other responsible persons shall bear direct leadership responsibility according to their division of work.
Each state organ, people's organization or state-owned company, enterprise or institution shall designate a relevant inner-established department to undertake the specific duty crime prevention work for the trade or the unit.
Article 11 The sate organs such as the procuratorial, judicial, public security, supervisory and auditing organs shall, according to their respective functions, perform their duties on duty crime prevention of other state organs, people's organizations and state-owned companies, enterprises and institutions.
Article 12 The procuratorial organ shall carry out the following work in combination with its function of legal supervision:
(1) directing and cooperating with the unit where a case occurs to carry out case prevention based on the case it investigates and deals with;
(2) directing and cooperating with relevant organs to carry out sector-wide prevention in major trades and domains based on its analyses of identical cases;
(3) directing and cooperating with relevant state organs and competent departments in charge to carry out special prevention in such major projects as key public investment construction projects, tendering for procurement of large-scaled equipment, commercial land use-right transfer and centralized government procurement;
(4) making researches on duty crime prevention and proposing prevention strategies and advice;
(5) carrying out education, publicity and consultation with regard to duty crime prevention;
(6) performing other duties as it shall according to law.
Article 13 The judicial organ shall, through its criminal adjudication, impose punishment according to law on criminals who commits duty crime and offer legal publicity and warning education to citizens by making use of the educational effect of its adjudication trial activities.
Article 14 The public security organ shall, in combination with its criminal investigation function, put forth strategies and advice for duty crime prevention, direct and cooperate with relevant units to do well their prevention work, and carry out education, publicity and consultation with regard to duty crime prevention.
Article 15 The supervisory organ shall perform its supervision duties according to law, and, in conjunction with relevant organs, carry out supervision on the performing of duties on duty crime prevention implemented by other state organs, people's organizations and state-owned companies, enterprises and institutions; educate the staff members of state organs to perform their duties according to law through its investigating and dealing with such illegal acts or acts of dereliction as malfeasance committed by relevant units and their staff members.
Article 16 The auditing organ shall perform its auditing supervision duties according to law, audit other state organs, people's organizations, state-owned companies, enterprises and institutions, budgets and final accounts of key construction projects, and economic responsibilities of chief cadres, and publicize auditing results according to law; where hidden danger for duty crime is found, it shall put forth correction opinions in a timely manner.
Article 17 The staff members of state organs shall abide by laws and regulations, willingly accept education and supervision on duty crime prevention, and may not engage in malpractice for personal gains, abuse powers, neglect duties, or commit the following acts:
(1) accepting monetary gifts or seek personal benefits in the course of employing, recruiting, selecting or appointing staff members for state organs;
(2) seeking personal benefits or collective benefits for their working units in the course of exercising administrative licensing power, conducting government procurement, allotting or using funds;
(3) obstructing the judicial organs or the administrative law-enforcing departments to perform duties according to law by taking advantage of the convenience created by their powers or positions;
(4) accepting cash, securities, payment instruments, valuables and other benefits that may affect their fair performance of duties from units or individuals having bearing on their exercise of powers;
(5) taking advantage of their powers to request relevant units to grant loans, appropriate funds or lend money to or provide guarantee for their spouses, children or other relatives;
(6) taking advantage of their powers to provide conveniences and preferential conditions for the businesses or enterprises run by their spouses, children or other relatives;
(7) engaging in other illegal acts by taking advantage of their powers.
Chapter III Prevention Measures
Article 18 The education for duty crime prevention shall stick to combining the overall education with particular education. Efforts must be made to improve the education system and mechanism. The duty crime prevention shall also be taken as an essential part for law publicity and legal education.
The state organs, people's organizations, and state-owned companies, enterprises and institutions shall particularly educate the persons holding leader's posts, working on key positions or in important departments or key trades.
The relevant organs or units shall offer post training on duty crime prevention to newly recruited personnel or personnel to be promoted to leading positions at or above the level of section chief. The higher and secondary educational institutions shall incorporate the education of duty crime prevention into their legal education program.
Relevant teaching or research institutes are encouraged to conduct researches on strategies of duty crime prevention and propose measures and opinions to improve the duty crime prevention work.
Various cadre training schools shall take duty crime prevention as important content for their education and training. The prisons shall cooperate with relevant departments and units to conduct warning education on duty crime prevention.
Article 19 The people's governments at various levels and their functional departments shall improve the administrative management system, standardize administrative actions according to law and take the following measures to prevent duty crimes:
(1) making open the government affairs, enhancing the transparency of the government work, and accepting social supervision;
(2) practicing administrative license system according to law, standardizing administrative law-enforcing behavior, and implementing the administrative law-enforcement responsibility system;
(3) intensifying auditing supervision on the revenues and expenditures of fiscal budget fund, national debts, state-owned land use-right transfer fund, land requisition compensation fund, social security fund and other funds, and the financial management of state-owned companies, enterprises and institutions;
(4) inviting tenders for or putting up to auction pubic investment construction projects such as public utilities, water conservancy, transportation, electric power and telecommunication, government procurement, commercial land use-right transfer and property right transaction;
(5) intensifying supervision on such posts where duty crimes are prone to happen as personnel, financial, administrative examination and approval, fund or project management, and implementing regular post exchanging and post shifting.
Article 20 The people's governments at various levels shall set up a bribery archive inquiry system for such engineering construction fields as public utilities, water conservancy, transportation, electric power and such markets as government procurement and medicine procurement, and practice integrity access and dismiss system and discredit punishment system according to law.
Article 21 When performing their duties of investigation, prosecution and adjudication, the judicial organs shall be confined to their legally-set power limits, follow the legal procedures, make public such matters as their scope of powers, case handling procedures and complaint channels, standardize judicial behaviors, practice law enforcement responsibility system and misjudged case responsibility investigation system and accept social supervision.
Article 22 The state-owned companies, enterprises and institutions and people's organizations shall perfect their democratic management system and democratic supervision system, make public major executive and financial affairs, perfect and standardize finance supervision and management system, and do well their work on duty crime prevention.
Article 23 The state organs, people's organizations and state-owned companies, enterprises and institutions may not, in violation of the provisions of laws and administrative regulations, appoint or employ any person who has the history of receiving criminal punishment on charge of duty crime to act as the leader, government organ, or legal representative, financial officer, chief financial officer or accountant of the organ.
Article 24 The state organs, people's organizations and state-owned companies, enterprises and institutions shall establish duty crime pre-caution mechanism, and take correction measures promptly when a hidden danger of duty crime is found.
Where a hidden danger of duty crime is found in the course of self-checkup, the state-owned companies, enterprises or institutions may report to the procuratorate for consultation; the procuratorate may, in light of the specific situation and actual demand, provide them with free consultation and prevention suggestions on duty crime prevention in confidence.
Article 25 The state organs, people's organizations and state-owned companies, enterprises and institutions shall incorporate duty crime prevention into their integrity responsibility systems and work programs, and conduct evaluation along with other work.
The chief responsible person and other relevant responsible persons of a work unit shall include the work on duty crime prevention in their yearly work report to receive evaluation from their subordinates.
Article 26 When performing their duties according to law, the procuratorial organs, judicial organs, supervisory organs and auditing organs shall propose, in a timely manner, procuratorial advice, judicial advice, supervisory advice and auditing advice to the units and departments where hidden dangers of duty crime are found, and urge the advised units and departments to make rectification within a prescribed period of time.
The procuratorial advice, judicial advice, supervisory advice or auditing advice shall be delivered to the advised unit in written form, and may be copied to their superordinate organ or the department in charge of the advised unit in the meantime.
After receiving the advice, the relevant unit shall make prompt rectification, and make feedback to the advising organ or department within 30 days in written form on its implementation of such advice.
Article 27 Citizens shall carry out supervision on the activities of duty performance conducted by the state organs, people's organizations, state-owned companies, enterprises and institutions, and their staff members, and give criticisms and advice to the relevant units through reporting, indicting and informing channels.
The relevant units shall accept and handle the cases thus reported, indicted or informed in a timely manner in accordance with the provisions, keep secret for the reporters, indicters and informers, and give commendation and award to anyone who has provided meritorious services in giving information.
The relevant units shall protect the legitimate rights and interests of the reporters, indicters and informers according to law. No unit and individual may conduct retaliatory actions upon the reporters, indicters and informers.
Article 28 The news media shall conduct supervision by public opinion on the activities of duty performance conducted by the state organs, people's organizations, state-owned companies, enterprises and institutions and their staff members.
Article 29 Citizens, legal persons or other organizations may put forth opinions and advice to the relevant units with regard to the work of duty crime prevention, give criticism to the units that fail to formulate the work plan or implement the measures on duty crime prevention, and make report to their superordinate organs, the departments in charge and the procuratorial organs.
The relevant administrative organs or procuratorial organs shall give reply to the relevant citizens, legal persons or other organizations on the handling of the cases in a timely manner.
Chapter IV Legal Liabilities
Article 30 Where the state organ, people's organization, or state-owned company, enterprise or institution, in violation of the provisions in these Regulations, commits any one of the following acts, if the case is minor, its superordinate organ or the department in charge shall give criticism and education to the chief responsible person and other persons directly responsible of the unit and order corrections to be made within a prescribed period of time; if the case is serious but does not constitute a crime, the supervision organ or the relevant department shall give administrative sanctions to the chief responsible person and other persons directly responsible of the unit according to law; if the case constitutes a crime, the judicial organ shall investigate into the criminal liabilities according to law:
(1) not performing its duty on prevention, hence causing the occurrence of serious duty-related law-breaking act committed by its staff members for not less than 3 persons or not less than 3 times during their tenure of office;
(2) not investigating and dealing with or not assisting in investigating and dealing with duty-related law-breaking act, not reporting in a timely manner to the department in charge at higher lever or to the supervision organ cases suspected of seriously breaking the law, not transferring cases suspected of duty crime to the judicial organ in a timely manner, or concealing cases without reporting or withholding cases without investigating or substituting administrative punishment for criminal punishment;
(3) refusing to accept supervision and directives from and cooperate with the relevant state organs; not providing the relevant information and documents truthfully;
(4) appointing or employing, in violation of the laws and administrative regulations, persons that have been punished on charge of duty crime as the leader, legal representative, financial officer, chief financial officer or accountant of the organ;
(5) refusing, without justification, to make rectification after receiving the procuratorial , judicial, supervisory or auditing advice;
(6) interfering with the duty-crime-prevention personnel or obstructing them from performing their duties according to law;
(7) retaliating the informer, indicter or reporter, or not offering them protection according to law, hence causing them to be retaliated;
(8) disclosing information to the person who is reported against, indicted or informed against;
(9) obstructing the news media from conducting supervision by public opinion;
(10) other acts that seriously violate the provisions in these Regulations.
Article 31 Where the person in charge of a state organ, people's organization, state-owned company, enterprise or institution causes heavy losses or adverse social influence due to his misconduct or dereliction or duty in duty crime prevention work, he shall bear corresponding legal liabilities according to the relevant provisions in laws and regulations.
Article 32 Where a staff member of a state organ who engages in supervising, inspecting and directing the work for duty crime prevention according to these Regulations abuses his powers, engages in malpractice for personal gains, neglects his duties, or discloses State secrets, he shall be given administrative sanction by his unit, the department in charge at higher level or the supervision organ; where a crime is constituted, he shall be investigated into for criminal liabilities
Chapter V Supplementary Provisions
Article 33 Non-state-owned companies, enterprises or institutions may carry out the work for prevention of duty-related crime by making reference to these Regulations.
Article 34 These Regulations shall enter into effect as of June 1, 2006.