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Supervision Law of China (2018)

监察法

Type of laws Law

Issuing body National People's Congress

Promulgating date Mar 20, 2018

Effective date Mar 20, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Constitutional Law Judicial System

Editor(s) C. J. Observer

The Supervision Law was promulgated in 2018 and entered into force on March 20, 2018.

There are 69 articles in total.

The key points are as follows:

1.Supervisory commissions 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, 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.

2.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.

3.The National Supervisory Commission is established by the National People’s Congress, and is responsible to the National People’s Congress and its Standing Committee, and shall be subject to the supervision thereby.

4.A supervisory commission shall, in accordance with this Law and relevant law regulations, perform duties of supervision, investigation and punishment:

(1) Carrying out clean governance education for public officials and conducting supervision and inspection over such situation as their performance of duties in accordance with this Law, impartial exercising of authority, clean governance and personal integrity;

(2) Conducting investigations into duty-related illegal activities and offences, such as suspected corruption and bribery, abuse of power, dereliction of duty, power rent-seeking, tunneling, playing favoritism and committing irregularities as well as squandering State assets; and

(3) Making decisions on governmental sanctions against public officials who violate the law; investigating the liability of any leader who fails to perform his/her duties well or who commits dereliction of his/her duties; transferring the investigation conclusions on suspected job-related offences to the people’s procuratorate for review in accordance with this Law and for initiating public prosecutions; and give supervision suggestions to the agency for which the supervision target works.

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