• Document Number：Order No. 3 of the President
• Area of Law： Government Affairs
• Level of Authority： Laws
• Date issued：03-20-2018
• Effective Date：03-20-2018
• Issuing Authority： National People's Congress
• Status： Effective

Order of the President
(No. 3)
Supervision Law of China, as adopted at the 1st Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on March 20, 2018, is hereby issued, and shall come into force on the date of issuance.
President of the People's Republic of China: Xi Jinping
March 20, 2018
Supervision Law of the People's Republic of China
(Adopted at the 1st Session of the Standing Committee of the Thirteenth National People's Congress on March 20, 2018)
Contents
Chapter I General Provisions
Chapter II Supervisory Organs and Their Functions
Chapter III Supervision Scope and Jurisdiction
Chapter IV Supervisory Power
Chapter V Supervision Procedures
Chapter VI International Cooperation against Corruption
Chapter VII Supervision of Supervisory Organs and Supervisors
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is developed in accordance with the Constitution for the purposes of furthering the reform of the national supervision system, strengthening the supervision of all public officials exercising public power, realizing the full coverage of national supervision, conducting the anti-corruption work in an in-depth manner, and promoting the modernization of the national governance system and governance capacity.
Article 2 The leadership of the Communist Party of China over the national supervision work shall be adhered to, Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era shall be taken as the guide, and a centralized, unified, authoritative and efficient national supervision system with Chinese characteristics shall be established.
Article 3 Supervisory commissions at all levels are the specialized organs responsible for exercising state supervisory functions. They shall, in accordance with this Law, conduct supervision of public officials exercising public power (hereinafter referred to as “public officials”), investigate duty-related violations and crimes, build integrity and carry out the anti-corruption work, and maintain the dignity of the Constitution and the law.
Article 4 Supervisory commissions shall independently exercise the supervisory power in accordance with the law, free from interference by any administrative organ, public organization or individual.
Supervisory organs shall, in handling duty-related violations or crimes, cooperate with judicial organs, procuratorial organs, and law enforcement organs, with mutual checks.
Where the supervisory organ requires assistance in its work, the relevant organs and entities shall provide assistance in accordance with the law according to the requirements of the supervisory organ.
Article 5 The supervision work of the state shall strictly comply with the Constitution and laws, take facts as the basis and laws as the criterion, equally apply laws to all parties, and guarantee the parties' lawful rights and interests. Equal consideration shall be given to power and responsibility, and strict supervision shall be conducted, and punishment shall be integrated with education and leniency shall be combined with severity.
Article 6 In the supervision work of the state, equal attention to temporary and permanent solutions and comprehensive treatment shall be adhered to, supervision and accountability shall be reinforced and corruption shall be severely punished. Reform shall be deepened, the rule of law shall be improved, and power shall be effectively restricted and overseen. Education in the rule of law and ethics shall be strengthened, the excellent Chinese traditional culture shall be carried forward, and effective mechanisms shall be constructed so as to ensure that officials do not dare, are not able, and have no desire to be corrupt.
Chapter II Supervisory Organs and Their Functions
Article 7 The National Supervisory Commission of the People's Republic of China is the highest supervisory organ.
Provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, and municipal districts shall set up supervisory commissions.
Article 8 The National Supervisory Commission is created by the National People's Congress, and is responsible for the supervision work nationwide.
The National Supervisory Commission is composed of one chairman, several vice-chairmen, and several members. The chairman is elected by the National People's Congress and vice-chairmen and members are appointed or removed by the Standing Committee of the National People's Congress as proposed by the chairman of the National Supervisory Commission.
The term of office of the chairman of the National Supervisory Commission is the same as the term of the National People's Congress. The chairman of the National Supervisory Commission shall serve not more than two consecutive terms.
The National Supervisory Commission is responsible to the National People's Congress and its Standing Committee, and accepts their supervision.
Article 9 Supervisory commissions at various local levels are created by the people's congresses at the corresponding level, and are responsible for the supervision work within their respective administrative regions.
Supervisory commissions at various local levels are composed of one chairman, several vice-chairmen, and several members. The chairman is elected by the people's congress at the corresponding level and vice-chairmen and members are appointed or removed by the standing committee of the people's congress at the corresponding level as proposed by the chairman of the supervisory commission.
The term of office of the chairmen of supervisory commissions at various local levels is the same as the term of the people's congresses at the corresponding level.
Supervisory commissions at various local levels are responsible to the people's congresses at the corresponding level and their standing committees and to supervisory commissions at the immediately higher level, and accept their supervision.
Article 10 The National Supervisory Commission directs the work of supervisory commissions at various local levels, and supervisory commissions at higher levels direct the work of supervisory commissions at lower levels.
Article 11 A supervisory commission shall, in accordance with the provisions of this Law and relevant laws, perform the duties of supervision, investigation and disposition:
(1) It shall provide integrity education to public officials, and conduct supervision and inspection of public officials' performance of functions in accordance with the law, impartial exercise of power, clean administration, and moral integrity.
(2) It shall conduct investigations of duty-related violations and crimes such as suspected corruption, bribery, abuse of power, neglect of duty, power rent-seeking, tunneling, practice of favoritism and falsification, as well as the waste of state assets.
(3) It shall, in accordance with the law, make decisions on government sanctions against public officials who violate any law, hold liable the leaders who fail to perform their functions in an effective manner or neglect their duties and responsibilities, transfer investigation results on suspected duty-related crimes to people's procuratorates for examination and initiating a public prosecution in accordance with the law, and offer supervisory suggestions to the entities where supervisory objects work.
Article 12 Supervisory commissions at various levels may dispatch supervisory bodies and supervisors to organs of the Communist Party of China, state organs, organizations and entities managing public affairs as authorized by laws and regulations or upon entrustment at the corresponding level, and administrative regions and state-owned enterprises, among others, under their jurisdictions.
Supervisory bodies and supervisors shall be responsible to the supervisory commissions dispatching them.
Article 13 Dispatched supervisory bodies and supervisors shall, upon authorization, legally oversee public officials according to their administration authority, offer supervisory suggestions, and investigate and punish public officials in accordance with the law.
Article 14 The state shall implement a system of supervisors, and in accordance with the law, determine the rules for the hierarchical setup, appointment and removal, assessment and promotion of supervisors.
Chapter III Supervision Scope and Jurisdiction
Article 15 Supervisory organs shall conduct supervision of the following public officials and relevant personnel:
(1) Civil servants of organs of the Communist Party of China, organs of people's congresses and their standing committees, people's governments, supervisory commissions, people's courts, people's procuratorates, organs of CPPCC commissions at all levels, organs of democratic parties and associations of industry and commerce, and personnel managed, mutatis mutandis, by the Civil Servant Law of the People's Republic of China.
(2) Personnel engaged in public affairs at organizations managing public affairs upon authorization by laws or regulations or lawful entrustment by state organs.
(3) Managers of state-owned enterprises.
(4) Personnel engaged in management in public entities in education, scientific research, culture, health care, and sports, among others.
(5) Personnel engaged in management at basic-level self-governing mass organizations.
(6) Others personnel who perform public duties in accordance with the law.
Article 16 Supervisory organs at all levels shall, according to the administration authority, exercise jurisdiction over supervision matters involving the persons stipulated in Article 15 of this Law within their respective jurisdictions.
The supervisory organ at a higher level may handle supervision matters under the jurisdiction of the supervisory organ at the level immediately below, and when necessary, may also handle the supervision matters within the jurisdictions of the supervisory organs at all levels under its jurisdiction.
Where supervisory organs have a dispute over the jurisdiction over a supervision matter, the dispute shall be determined by their common supervisory organ at the higher level.
Article 17 The supervisory organ at a higher level may designate a supervisory organ at a lower level to exercise jurisdiction over supervision matters under its jurisdiction, or may designate another supervisory organ to exercise jurisdiction over supervision matters under the jurisdiction of a supervisory organ at a lower level.
Where the supervisory organ is of the opinion that the supervision matters under its jurisdiction are major or complicated and need to be subject to the jurisdiction of the supervisory organ at a higher level, it may request the transfer to the supervisory organ at a higher level for jurisdiction.
Chapter IV Supervisory Power
Article 18 Supervisory organs excising their supervision and investigation functions and powers have the right to inquire of relevant entities and individuals and collect and acquire evidence from them in accordance with the law. Relevant entities and individuals shall faithfully provide the information and evidence.
Supervisory organs and their functionaries shall keep confidential any state secret, trade secret or personal privacy to which they have access in the course of supervision and investigation.
No entity or individual shall forge, conceal or destroy evidence.
Article 19 For a supervisory object who is suspected of any duty-related violation, the supervisory organ may, according to the administration authority, directly or authorize the relevant organ or person to hold a talk with or require the object to explain the relevant situation.
Article 20 During the course of investigation, the supervisory organ may require the person under investigation who is suspected of any duty-related violation to give statements on the suspected violation, and when necessary, shall issue a written notice to the person under investigation.
For the person under investigation who is suspected of corruption, bribery, neglect of duty, malfeasance in office, or any other duty-related crime, the supervisory organ may conduct an interrogation and require him or her to truthfully confess to the alleged crime.
Article 21 During the course of investigation, the supervisory organ may question witnesses and other persons.
Article 22 Where the person under investigation is suspected of corruption, bribery, neglect of duty, malfeasance in office, or any other serious duty-related violation or duty-related crime, and the supervisory organ has obtained some facts and evidence on the violation or crime, but needs to conduct further investigation of important issues, after examination and approval by the supervisory organ in accordance with the law, the person may be detained at a specific place under any of the following circumstances:
(1) The circumstances of the case in which the person is involved are major or complicated.
(2) The person may escape or commit suicide.
(3) The person may make a false confession in collusion or forge, conceal or destroy evidence.
(4) The person may commit any other conduct that obstructs investigation.
The supervisory organ may, in accordance with the provision of the preceding paragraph, detain any person who is suspected of giving bribes or committing any joint duty-related crime.
The setup, management and supervision of detention places shall be governed by the relevant provisions of the state.
Article 23 When investigating suspected corruption, bribery, neglect of duty, malfeasance in office, or any other serious duty-related violation or duty-related crime, the supervisory organ may, as required for work, make inquiries about and freeze the property such as savings, remittances, bonds, stocks and fund shares of the entity or individual involved in the case in accordance with relevant provisions. Relevant entity and individual shall provide cooperation.
Where the frozen property is found to be irrelevant to the case, the freezing shall be removed within three days after the facts are ascertained and the property shall be returned.
Article 24 The supervisory organ may conduct searches of the body, articles, and domicile of, and other places related to the person under investigation who is suspected of any duty-related crime as well as the person who may conceal the person under investigation or criminal evidence. When conducting a search, search documents shall be produced and witnesses such as the person being searched or his or her family member shall be present.
The examination of the body of a female shall be conducted by female personnel.
When conducting a search, the supervisory organ may, as required for work, request the public security organ to assist. The public security authority shall provide assistance in accordance with the law.
Article 25 During the course of investigation, the supervisory organ may collect, seize or impound the property, documents, electronic data and other information that prove the suspected violation or crime of the person under investigation. Supervisory organs that take collection, seizure or impoundment measures shall collect the original items and, together with the person in possession, custodian or witness, take photos of, register, and number each item in the presence of the said person, issue a list, to which the personnel at scene shall check on site and sign their names, and deliver a duplicate of the list to the person possessing or keeping the property and documents.
The supervisory organ shall establish special accounts and places for, and designate special persons to appropriately take into custody the property and documents they collect, seize or impound, strictly perform formalities for their transfer and collection, verify accounts on a periodical basis, and shall not damage or use them for any other purpose. The articles of which the value is uncertain shall be subject to identification in a timely manner, and be specially sealed for preservation.
Where the seized or impounded property or documents are found to be irrelevant to the case, the seizure or impoundment shall be removed within three days after relevant facts are ascertained and the property or documents shall be returned.
Article 26 During the course of investigation, the supervisory organ may directly conduct inquisition and inspection, or appoint or retain personnel with specialized knowledge and qualifications to do so as presided over by investigators, and form inquisition and inspection records, to which the signatures or seals of the personnel and witnesses participating in inquisition and inspection shall be affixed.
Article 27 During the course of investigation, supervisory organs may appoint or retain personnel with specialized knowledge to conduct the identification of special issues in cases. Identification experts shall, after conducting identification, issue expert opinions and affix their signatures thereto.
Article 28 When conducting investigation of any suspected major duty-related crime such as corruption and bribery, the supervisory organ may, as needed, perform strict approval formalities to take technical investigation measures and assign them to relevant organ for execution according to relevant provisions.
The approval decision shall clearly state the types of technical investigation measures and their targets, and be valid for three months as of the date of issuance. If it is still necessary to take technical investigation measures with respect to a complicated or difficult case after the expiration of the period of validity, the period of validity may be extended upon approval for not more than three months each time. If it is unnecessary to continue taking technical investigation measures, such measures shall be removed in a timely manner.
Article 29 Where the person under investigation who shall be detained in accordance with the law is at large, the supervisory organ may decide to list him or her as wanted within its administrative region, and the public security organ shall issue a wanted notice and arrest him or her. If the wanted scope exceeds that administrative region, it shall be reported to the competent supervisory organ at a higher level for decision.
Article 30 In order to prevent the person under investigation and relevant persons from escaping outside the territory of China, the supervisory organ may, with the approval of the supervisory organ at or above the provincial level, take measures to restrict the person under investigation and related personnel from leaving the territory, and the public security organ shall take such measures in accordance with the law. If it is not necessary to continue taking measures to restrict their exit from the territory, such measures shall be removed in a timely manner.
Article 31 Where the person under investigation who is suspected of a duty-related crime voluntarily admits guilt and accepts punishment, under any of the following circumstances, upon collective research of leaders of the supervisory organ and after a report is made to the supervisory organ at the immediately higher level for approval, the supervisory organ may propose a lenient punishment when the case is transferred to the people's procuratorate.
(1) The person voluntarily surrenders and truly shows repentance.
(2) The person actively cooperates in the investigation and truthfully confesses to the violation or crime not known by the supervisory organ.
(3) The person proactively returns the ill-gotten gains and reduces losses.
(4) The person makes a major meritorious contribution or the case involves major national interest or any other circumstance.
Article 32 Where any person involved in a duty-related violation or crime uncovers the duty-related violation or crime of the person under investigation, which is found to be true upon investigation, or provides important clues, which are conducive to the investigation of any other case, upon collective research of leaders of the supervisory organ and after a report is made to the supervisory organ at the immediately higher level for approval, the supervisory organ may propose a lenient punishment when the case is transferred to the people's procuratorate.
Article 33 Evidentiary materials collected by the supervisory organ in accordance with this Law, including material evidence, documentary evidence, testimony of witnesses, confessions and defenses of the person under investigation, audiovisual materials and electronic data, may be used as evidence in criminal proceedings.
The supervisory organ shall collect, fix, examine and use evidence in compliance 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 taken as the basis for the disposition of cases.
Article 34 Where the people's court, people's procuratorate, public security organ, auditing organ or any other state organ discovers in work any clue to suspected corruption, bribery, neglect of duty, malfeasance in office, or any other duty-related violation or crime committed by any public official, it shall transfer such clue to the supervisory organ, and the latter shall investigate and handle it in accordance with the law.
Where the person under investigation is suspected of not only any serious duty-related violation or duty-related crime but also any other violation or crime, the supervisory organ shall take the lead in conducting investigation, and other organs shall provide assistance.
Chapter V Supervision Procedures
Article 35 The supervisory organ shall accept and handle the case reports or tip-offs in accordance with the relevant provisions. If the case does not fall under the jurisdiction of the organ, it shall be transferred to the competent organ for handling.
Article 36 The supervisory organ shall conduct work in strict accordance with procedures, and the departments in charge of the disposition of clues to problems, investigation, and examination and handling shall establish the work mechanism of mutual coordination and mutual checks.
The supervisory organ shall strengthen the supervision and administration of the entire process of investigation and disposition, set up corresponding work departments to perform management and coordination functions such as the management of clues, supervision and inspection, urging the handling, and statistical analysis.
Article 37 The supervisory organ shall, in accordance with the relevant provisions, offer opinions on the disposition of clues to the problems of supervisory objects, undergo approval formalities, and conduct categorized handling. The disposition of clues shall be summarized and notified on a periodical basis, and inspections and spot checks shall be conducted on a periodical basis.
Article 38 Where the supervisory organ needs to adopt preliminary verification methods to dispose of the clues to problems, it shall perform approval procedures in accordance with the law, and form an inspection team. After preliminary verification is completed, the inspection team shall prepare a preliminary verification report and offer handling suggestions. The undertaking department shall offer categorized handling opinions. The preliminary verification report and categorized handling opinion shall be reported to the primary person in charge of the supervisory organ for approval.
Article 39 Where it is found upon preliminary verification that the supervisory object is suspected of any duty-related violation or crime and needs to be subject to legal liability, the supervisory organ shall handle case docketing formalities according to the prescribed authority and procedures.
The primary person in charge of the supervisory organ shall, after approving case docketing in accordance with the law, preside over special meetings, conduct research and determine the investigation plan, and decide the investigation measure to be taken.
The case docketing and investigation decision shall be announced to the person under investigation and be notified to the relevant organization. If the person under investigation is suspected of any serious duty-related violation or duty-related crime, it shall be notified to his or her family member, and be released to the public.
Article 40 With respect to a case of duty-related violation or duty-related crime, the supervisory organ shall conduct investigation, collect and obtain the evidence as to whether the person under investigation has committed any violation or crime, and, if any, the seriousness of circumstances, ascertain the facts of violation or crime, and form a mutually corroborative, complete, and stable chain of evidence.
The collection of evidence by threat, enticement, fraud, or any other illegal means is prohibited. Insult to, abuse, ill-treatment, physical punishment or physical punishment in any disguised form of the person under investigation and the person involved in the case is prohibited.
Article 41 When investigators take any investigation measures such as interrogation, questioning, detention, search, collection, seizure, impoundment, and inquisition and inspection, they shall produce certificates according to relevant provisions, and issue a written notice. The investigation shall be conducted by two or more persons, and they shall form written materials such as records and reports, to which relevant persons shall affix their signatures and seals.
When investigators conduct interrogations and important evidence gathering work such as search, seizure and impoundment, they shall make an audiovisual recording of the entire process, and retain it for future reference.
Article 42 Investigators shall strictly implement the investigation plan, and shall not enlarge the scope of investigation or change its targets and matters at will.
Important matters in the course of investigation shall be reported for instructions in accordance with relevant procedures after collective research.
Article 43 Adoption of detention measure by a supervisory organ shall be decided upon collective research of leaders of the supervisory organ. Adoption of detention measure by a supervisory organ at or below the level of a districted city shall be reported to the supervisory organ at the immediately higher level for approval. The provincial supervisory organ that decides to take the detention measure shall report it to the National Supervisory Commission for recordation.
Detention shall not exceed three months. Under particular circumstances, the supervisory organ may extend the detention once for not more than three months. If a supervisory organ at or below the provincial level takes the detention measure, the extension shall be reported to the supervisory organ at the immediately higher level for approval. If the supervisory organ finds the detention measure inappropriate, it shall remove the measure in a timely manner.
When the supervisory organ takes the detention measure, it may, when its work so requires, request the public security organ to assist. The public security organ shall provide assistance in accordance with the law.
Article 44 After the detention measure is taken against the person under investigation, the entity where the detained person works and his or her family member shall be notified within 24 hours, except under the circumstance where evidence may be destroyed or forged, the testimony of a witness may be interfered with, a false confession may be made in collusion, or the investigation may otherwise be affected. After the circumstance which affects investigation disappears, the entity where the detained person works and his or her family member shall be notified immediately.
The supervisory organ shall guarantee the food, drink, rest and security of the detained person, and provide medical services. Interrogation time and length shall be reasonably arranged for the interrogation of the detained person, and interrogation records shall be signed by the interrogated person after reading.
Where the detained person who is suspected of any crime is sentenced to public surveillance, criminal detention or fixed-term imprisonment in accordance with the law after he or she is transferred to the judicial organ, the period of detention shall be offset against the term of penalty. One day of detention shall be offset against two days of public surveillance, and one day of criminal detention or fixed-term imprisonment.
Article 45 Based on the supervision and investigation result, the supervisory organ shall handle as follows in accordance with the law:
(1) For a public official who has committed any duty-related violation with relatively minor circumstances, the supervisory organ may, according to the administration authority, directly talk with and remind him or her, criticize and educate him or her, order him or her to make a self-criticism, or admonish him or her, or authorize any relevant organ or person to do so.
(2) A public official who has committed any violation shall be given a decision on government sanction in accordance with statutory procedures, such as a warning, recording of a demerit, recording of a serious demerit, demotion, removal from office, and dismissal.
(3) Where any leader who is liable for failure to perform or properly perform functions, the supervisory organ shall directly make a decision to hold the leader liable in accordance with the administration authority, or offer an accountability suggestion to the organ that has the right to make the accountability decision.
(4) As to any public official suspected of any duty-related crime, if the supervisory organ finds upon investigation that the criminal facts are clear and the evidence is credible and sufficient, it shall prepare a written opinion on prosecution, and transfer it together with case file and evidence to the people's procuratorate for examination and initiating a public prosecution in accordance with the law.
(5) Supervision suggestions shall be given on the problems that exist in the construction of a clean government and performance of functions of the entity where the supervisory object works.
After investigation, the supervisory organ shall cancel the case if there is no evidence to prove that the person under investigation has committed any violation or crime, and notify the entity where the person under investigation works.
Article 46 The supervisory organ shall, upon investigation, confiscate and recover any illegally obtained property, or order the violator to return the property or make compensation in accordance with the law. Property obtained through a suspected crime shall be transferred with the case to the people's procuratorate.
Article 47 For a case transferred by the 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.
Where the people's procuratorate deems upon examination that the facts on the crime have been ascertained and the evidence is credible and sufficient, and the violator shall be subject to criminal liability in accordance with the law, it shall make a decision to prosecute.
Where the people's procuratorate deems upon examination that it is necessary to supplement or verify relevant information, it shall return the case to the supervisory organ for supplementary investigation, and when necessary, may supplement the investigation on its own. For a case under supplementary investigation, supplementary investigation shall be completed within one month. Supplementary investigation may be conducted twice at most.
As to any case under the circumstance of non-prosecution prescribed by the Criminal Procedure Law of the People's Republic of China, the people's procuratorate shall, with the approval of the people's procuratorate at the immediately higher level, make a non-prosecution decision in accordance with the law. If the supervisory organ finds that the non-prosecution decision is erroneous, it may file a request for reconsideration with the people's procuratorate at the immediately higher level.
Article 48 Where the person under investigation has escaped or is dead in the course of the supervisory organ's investigation of a case on corruption, bribery, neglect of duty, malfeasance in office, or any other duty-related crime, and it is necessary to continue the investigation, with the approval of the supervisory organ at or above the provincial level, the investigation shall be continued and a conclusion shall be made. If the person under investigation has escaped, and cannot be arrested after being listed as wanted for one year, or is dead, the supervisory organ shall request the people's procuratorate to file an application for confiscating the person's illegal gains with the people's court under statutory procedures.
Article 49 Where the supervisory object has any objection to the handling decision involving him or her made by the supervisory organ, he or she may apply to the supervisory organ making the decision for a review within one month after receiving the handling decision, and the review organ shall make a review decision within one month. If the supervisory object still has any objection to the review decision, he or she may, within one month after receiving the review decision, apply to the supervisory organ at the immediately higher level for a reexamination, and the reexamination organ shall make a reexamination decision within two months. Enforcement of the original handling decision shall not be suspended during the review and reexamination period. If the reexamination organ determines upon examination that the handling decision is erroneous, the original handling organ shall take corrective action in a timely manner.
Chapter VI International Cooperation against Corruption
Article 50 The National Supervisory Commission shall make overall planning and coordinate international anti-corruption communication and cooperation with other nations, regions and international organizations, and organize the implementation of international anti-corruption treaties.
Article 51 The National Supervisory Commission shall organize and coordinate with relevant parties to strengthen cooperation with relevant countries, regions and international organizations in such fields as anti-corruption law enforcement, extradition, judicial assistance, custody transfer of sentenced persons, asset recovery, and information exchange.
Article 52 The National Supervisory Commission shall strengthen the organization and coordination of anti-corruption efforts such as international pursuit of stolen assets and fleeing persons and prevention of escape, and urge relevant entities to effectively conduct relevant work.
(1) Cooperating with foreign parties to search and arrest the escaped person, if the person under investigation has escaped outside the country (territory) and concrete evidence has been obtained in a case of any major duty-related crime, such as corruption, bribery, neglect of duty, and malfeasance in office.
(2) Requesting the country where stolen assets or goods are located to make inquiries about, freeze, impound, confiscate, recover or return the assets involved in the case.
(3) Making inquiries about and monitoring the entry and exit from the country (territory) of public officials suspected of any duty-related crime and related persons and the cross-border flow of funds, and setting up procedures for preventing escape in the course of case investigation.
Chapter VII Supervision of Supervisory Organs and Supervisors
Article 53 Supervisory commissions at all levels shall accept the supervision of people's congresses at the corresponding level and their standing committees.
Standing committees of people's congresses at all levels shall listen to and deliberate special work reports of supervisory commissions at the corresponding level, and organize law enforcement inspections.
When a people's congress at or above the county level or its standing committee convenes a meeting, the deputies to the people's congress or members of the standing committee may, in accordance with the procedures prescribed by laws, raise questions or inquiries about issues in the supervision work.
Article 54 Supervisory organs shall disclose the information on the supervision work in accordance with the law, and accept democratic supervision, social supervision and public opinion supervision.
Article 55 Supervisory organs shall, by such means as establishing special internal supervisory bodies, strengthen the supervision of supervisors' performance of their functions and compliance with laws, and build a contingent of supervision officials who are loyal to the Party, have moral integrity, and demonstrate a keen sense of responsibility.
Article 56 Supervisors must be models of compliance with the Constitution and laws, be devoted to their duties, enforce laws in an impartial manner, be honest and upright, and keep secrets. They must have good political character, be familiar with the supervision business, possess the abilities such as using laws, regulations, policies, and investigating to collect evidence, and conscientiously accept supervision.
Article 57 Where a supervisor makes inquiries about the details of a case, intervenes in the handling of a case or solicits favor on behalf of any person, the supervisor who handles supervision matters shall report it in a timely manner and register relevant information for recordation.
Where it is discovered that any supervisor handling a supervision matter has, without approval, contact with or has communications with the person under investigation, the person involved in the case, or his or her specific party of interest, the insider shall make a report in a timely manner and register the relevant information for recordation.
Article 58 Where a supervisor handling a supervision matter falls under any of the following circumstances, he or she shall withdraw, and the supervisory object, informant, and other relevant persons also have the right to request the withdrawal of the supervisor.
(1) He or she is a close relative of the supervisory object or the informant.
(2) He or she is a witness of this case.
(3) He or she or his or her close relative has interest relationship with the handled supervision matter.
(4) Any other circumstance that may affect the impartial handling of the supervision matter.
Article 59 After leaving the post, the supervisory organ's personnel who are involved in any secret shall abide by the administrative provisions on the continuing nondisclosure period and strictly perform their obligations to keep secrets, and shall not divulge relevant secrets.
The supervisor shall not engage in any profession which is related to the supervision and judicial work and may have possible conflicts of interest within three years after his or her resignation or retirement.
Article 60 Where a supervisory organ or any of its functionaries commits any of the following conduct, the person under investigation and his or her close relatives have the right to file an appeal with the supervisory organ:
(1) Failing to remove detention upon expiration of the statutory period.
(2) Seizing, impounding or freezing any property irrelevant to the case.
(3) Failing to remove the seizure, impoundment or freezing measure which should be removed.
(4) Embezzling, misappropriating, privately disposing of, exchanging, or, in violation of any provision, using any seized, impounded, or frozen property.
(5) Any other violation of law, regulation or conduct that infringes upon the lawful rights and interests of the person under investigation.
The supervisory organ that accepts the appeal shall make a handling decision within one month of acceptance of the appeal. If the person who files the appeal has any objection to the handling decision, he or she may apply to the supervisory organ at the immediately higher level for a review within one month of receipt of the handling decision. The supervisory organ at the immediately higher level shall make a handling decision within two months of receipt of the review application and, if the circumstances are true, take corrective action in a timely manner.
Article 61 Where, after the completion of investigation, it is discovered that the basis for docketing the case is insufficient or erroneous, there is any major mistake in the handling of the case, or the supervisor has any serious violation, the responsible leader and directly liable persons shall be held liable.
Chapter VIII Legal Liability
Article 62 Where the relevant entity refuses to execute a handling decision made by the supervisory organ, or refuses to accept a supervision suggestion without any justified reason, the competent department or the organ at the higher level shall order it to take corrective action and circulate a notice of criticism on the entity, and punish the responsible leader and directly liable persons in accordance with the law.
Article 63 Where any relevant person commits any of the following conduct in violation of the provisions of this Law, the entity where he or she works, the competent department, the organ at the higher level or the supervisory organ shall order the person to take corrective action, and punish him or her in accordance with the law:
(1) Refusing to cooperate with the investigation of the supervisory organ by failing to provide relevant materials as required, or refusing or obstructing the implementation of investigation measure.
(2) Providing false information to cover up the truth.
(3) Making a false confession in collusion, or forging, concealing or destroying evidence.
(4) Preventing any person from exposing and reporting or providing evidence.
(5) Committing any other conduct in violation of the provisions of this Law, and the circumstances are serious.
Article 64 Where the supervisory object retaliates against or frames the accuser, informant, witness or supervisor, or the accuser, informant or witness fabricates facts to maliciously accuse or frame up the supervisory object, the violator shall be punished in accordance with the law.
Article 65 Where the supervisory organ or any of its functionaries commits any of the following conduct, the responsible leader and directly liable persons shall be punished in accordance with the law:
(1) Disposing of any clue to a problem without approval or authorization, failing to report any major case information, or retaining or handling materials involved in the case in private.
(2) Exploiting one's functions and powers or the influence of one's position to intervene in investigation or seek personal gains in the handling of a case.
(3) Illegally stealing or disclosing investigation information, or divulging the information on reported matters, the acceptance of reports, and informants' information.
(4) Extorting confessions, inducing confessions, or insulting, abusing, ill-treating, physically punishing, or physically punishing in a disguised form the person under investigation or the person involved in the case.
(5) Disposing of seized, impounded or frozen property in violation of any provision.
(6) Causing any security incident in case handling due to the violation of any provision, or failing to make a report on, reporting erroneous information on or handling in an inappropriate manner any security incident after its occurrence.
(7) Taking the detention measure in violation of any provision.
(8) Restricting any person from leaving the territory in violation of any provision, or failing to remove the restriction on exit as required.
(9) Any other conduct of abusing power, neglecting duties, or practicing favoritism or making falsification.
Article 66 Whoever violates this Law shall be subject to criminal liability in accordance with the law if a crime is constituted.
Article 67 Where any supervisory organ or any of its functionaries infringes upon the lawful rights and interests of any citizen, legal person or any other organization in the exercise of functions and powers, which causes any damage, state compensation shall be made in accordance with the law.
Chapter IX Supplementary Provisions
Article 68 The Central Military Commission shall, in accordance with this Law, develop specific provisions governing the supervision work conducted by the Chinese People's Liberation Army and the Chinese Armed Police Force.
Article 69 This Law shall come into force on the date of issuance. The Administrative Supervision Law of the People's Republic of China shall be repealed concurrently.