Chapter VII

Oversight and Discipline

Article 42 Supervisory organs shall standardize their workflow, develop better internal oversight and restriction mechanisms, and enhance oversight over supervisory officers' performance of duties and compliance with the law.

Article 43 Any entity or individual has the right to make reports or charges regarding supervisory officers' violations of discipline or law. Organs accepting reports or charges shall investigate and handle them in a timely manner and notify the reporting or charging party of the results.

No one shall retaliate against entities and individuals making reports or charges in accordance with the law.

Article 44 Supervisory organs shall, in a timely manner, investigate and deal with leads involving supervisory officers violating discipline or laws during performance of their duties that are referred to them by adjudicatory, procuratorial, or law enforcement organs.

Article 45 Supervisory commissions shall, as required by their work, employ special supervisory officers and other supervisory personnel from all sectors in accordance with regulations to oversee supervisory officers' performance of duties and to put forward suggestions and comments on strengthening and improving supervision work.

Article 46 Supervisory officers shall not illegally inquire about, look into, intercede in, or interfere with cases. Supervisory officers handling the cases shall report the abovementioned circumstances to their superiors in a timely manner. Relevant circumstances shall be kept on record.

Supervisory officers handling cases shall not contact or interact with persons under investigation, persons involved in cases, or other related persons without permission. Supervisory officers aware of the abovementioned circumstances shall report them to their superiors in a timely manner. Relevant circumstances shall be kept on record.

Article 47 Supervisory officers handling cases shall voluntarily recuse themselves under any of the following circumstances; those under supervision, the reporting or charging parties, or other relevant persons shall also have the right to request their recusal; where supervisory officers do not proactively apply to recuse themselves, supervisory authorities shall make a decision on their recusal in accordance with the law:

(1) they are close relatives of those under supervision or the reporting or charging parties;

(2) they have served as witnesses in the case in question;

(3) they, or their close relatives, have a stake in the matter under supervision; and,

(4) other circumstances that may impact the impartial handling of the matter under supervision.

Article 48 Supervisory officers shall strictly follow confidentiality requirements to restrict the scope and time of the access to knowledge about matters under supervision and shall not keep, conceal, access, excerpt, copy, or carry leads and materials of cases without authorization, and shall be strictly prohibited from divulging supervision work secrets.

After leaving their posts or quitting their jobs, supervisory officers shall abide by management provisions on confidentiality for a specific period of time, strictly fulfill the obligation of confidentiality, and shall not divulge the relevant secrets.

Article 49 A supervisory officer shall not engage in professions related to supervisory or judicial work that may trigger conflicts of interest within three years of leaving his post.

A supervisory officer shall not serve as an agent ad litem or a defender in cases handled by his former supervisory organ after leaving his post, except for serving as the agent in a lawsuit or defending a case as the guardian or close relative of the party concerned.

After being expelled, a supervisory officer shall not serve as an agent ad litem or defender, except for serving as the agent in a lawsuit or defending a case as the guardian or close relative of the party concerned.

Article 50 Supervisory officers shall comply with relevant regulations on officials' spouses, children, and children's spouses operating businesses. Where supervisory officers violate the regulations, they shall be dealt with.

Article 51 The spouse, parents, children and children's spouses of a supervisory officer shall not serve as a lawyer in the role of an agent ad litem or defense in cases handled by the supervisory organ in which the supervisory officer works, or provide other paid legal services.

Article 52 A supervisory officer who has committed any of the following acts shall be dealt with in accordance with the law. Where the case constitutes a crime, the supervisory officer shall be investigated for criminal liability in accordance with the law:

(1) having been involved in graft and bribery;

(2) having failed to perform or having incorrectly performed oversight duties, having failed to discover issues that should be discovered or having not reported or addressed issues discovered, resulting in negative impact;

(3) having handled leads without permission or authorization, having concealed case information, or having kept or disposed case materials without authorization;

(4) having interfered in investigations or sought personal gains from cases by using his power or position influence;

(5) having stolen or divulged investigation information or divulged information about reported matters, the processing status of reports, or the reporting parties’ information;

(6) having concealed, fabricated, altered, or intentionally destroyed evidence or case materials;

(7) having extorted or induced confessions from persons under investigation or involved in cases, or having insulted, beaten, abused, maltreated, or directly or indirectly inflicted corporal punishment on them;

(8) having taken investigation measures or disposed property involved in violation of regulations;

(9) having caused a safety accident in handling a case in violation of regulations, or having concealed or failed to report, report truthfully or deal with a safety accident properly after it occurs; and

(10) having committed criminal acts or other illegal acts in his job.

Where a supervisory officer has had other violations of discipline or laws, which affect the image of supervisory officers and damage the interests of the state and the people, he shall be held to account in accordance with the law.

Article 53 A supervisory officer who is suspected of violating discipline or laws, and has been placed on file for inspection or investigation, is not fit to continue to work, and shall be suspended from work in accordance with the administrative authority and prescribed procedures.

Article 54 Supervisory officers shall be subject to an accountability system and those who have caused serious consequences by abusing their power or neglecting their duties shall be investigated or held accountable for life.

Where a supervisory officer is suspected of job-related illegalities or crimes, or has made a serious mistake in the handling of a case, the responsible leading persons and directly liable persons shall be held to account.

Chapter VIII

Professional Guarantee

Article 55 A supervisory officer shall not be transferred from his post, except in the following circumstances:

(1) where the supervisory officer shall avoid posts in accordance with regulations;

(2) where the supervisory officer shall be transferred to a post in accordance with regulations;

(3) where the supervisory officer's work needs to be adjusted due to changes in organization or staffing;

(4) where the supervisory officer is unfit for supervision work due to violation of discipline or laws; and

(5) other circumstances provided by law.

Article 56 Any entity or individual shall not require supervisory officers to engage in any matter beyond the scope of their statutory functions and duties hereof.

Supervisory officers shall be entitled to refuse and fully and truthfully record and report any act that interferes with their performance of duties; in case of any violation of discipline or laws, relevant organs shall, in light of the seriousness of the case, investigate the accountability of the concerned persons.

Article 57 The professional dignity and personal safety of supervisory officers shall be protected by law.

No entities or individuals may retaliate against supervisory officers or their close relatives.

Criminal acts or other illegal acts against supervisory officers and their close relatives, including acts of retaliation, false charges, insults and defamation, violence, threats and intimidation, provocation, and harassment, shall be severely punished in accordance with the law.

Article 58 Where the reputation of a supervisory officer is damaged due to false reports, false accusation, defamation or slander for performing his duties in accordance with the law, the supervisor organs shall, in conjunction with relevant departments and in a timely manner, clarify facts, eliminate the negative impact, and investigate the accountability of relevant entities or individuals in accordance with the law.

Article 59 Where the personal safety of a supervisory officer or his close relatives is at risk due to performance of his duties in accordance with the law, the people’s supervisory organs and public security organs shall take necessary measures such as to protect the personal safety of the supervisory officer and his close relatives, and to prohibit certain persons from approaching them.

Article 60 Supervisory officers shall receive salaries under the system provided by the state and be entitled to graded allowances of supervisory officers and other subsidies, allowances, bonuses, insurance benefits, and other forms of benefits. Supervisory officers’ salaries and graded allowances shall be separately worked out by the state.

Article 61 A supervisory officer disabled in the line of duty shall enjoy the benefits provided by the state for the disabled. Where a supervisory officer died in the line of duty or due to medical conditions, his relatives shall enjoy the consolation compensation and preferential treatment from the state.

Article 62 Retired supervisory officers shall be entitled to the pension and other benefits provided by the state.

Article 63 Where a state organ or any of its functionaries commits an act of infringing upon the rights of a supervisory officer, the supervisory officer has the right to make a charge.

The organs that accept the charge shall investigate and handle it in accordance with the law and inform the charging party of the result in a timely manner.

Article 64 Where supervisory officers are dissatisfied with administrative actions, sanctions, or decisions concerning personnel affairs meted out to them, they may apply for reexaminations or reviews, or file complaints in accordance with the prescribed procedures.

Article 65 Where administrative actions, sanctions, and decisions concerning personnel affairs meted out to a supervisory officer are wrong, they shall be corrected without delay. Where they have damaged the reputation of a supervisory officer, he shall be rehabilitated, the ill effects shall be eliminated and an apology shall be made; where they have caused financial losses to the supervisory officer, compensations shall be made. The persons who are directly liable for retaliation shall be investigated for accountability in accordance with the law.

Chapter IX

Supplementary Provisions

Article 66 Where this Law already has provisions regarding the rights, obligations, and administration systems for supervisory officers, the provisions of this Law shall apply; for issues not provided in this Law, the relevant provisions of the Law of the People's Republic of China on Civil Servants and other laws and regulations shall apply.

Article 67 The supervisory system for the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be implemented in accordance with the relevant regulations of the state and the military.

Article 68 This Law shall go into effect as of January 1, 2022.