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Implementation Regulations for the Supervision Law of China (2021)

监察法实施条例

Type of laws Judicial interpretation

Issuing body National Supervisory Commission

Promulgating date Sep 20, 2021

Effective date Sep 20, 2021

Validity status Valid

Scope of application Nationwide

Topic(s) Constitutional Law Judicial System

Editor(s) Huang Yanling 黄燕玲

Implementing Regulations for the Supervision Law was promulgated on 20 Sept. 2021, and entered into force on the same date.

The Regulations consists of 287 articles, aiming to regulate supervisory activities and promote the law-based exercise of supervisory duties.

The key points are as follows.

1.Will all property of the person being investigated be confiscated?

It depends.

First, the supervisory authority will only freeze the property involved in the case. (Art.111)

Second, the supervisory authority will retain the necessary living expenses of the person being investigated and his/her dependent relatives. (Art. 105)

Property hidden outside the country will also be traced and investigated by the supervisory authority. (Art. 237)

2.Can the public report crimes?

Yes.

People can report violations or criminal offences in office to the petition department. (Art. 172) The reporter shall use his or her real name or the name of his or her department. (Art. 175)

The supervisory authority will protect the reporter’s personal information as well as the content of the report, and thus there’s no need to fear reprisal. (Art. 267) There are 287 articles in the Regulations, making up nine charters corresponding to each chapter of the Supervision Law: general provisions, supervisory authorities and duties, supervision scope and jurisdiction, supervisory powers, supervisory procedures, international cooperation against corruption, supervision over supervisory authorities and supervisory personnel, legal liability, and supplementary provisions.

The Regulations specifies the investigation scope of supervisory authorities and lists 101 offences in office over which the supervisory authorities have jurisdiction. The Regulations divides the supervisory procedures provided in the Supervision Law into seven specific stages: handling of clues, preliminary verification, case filing, investigation, trial, disposal, and transfer for review and prosecution, thus standardizing the supervisory procedures.

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