Supervision Law of the People's Republic of China (2018)

Chapter I General Provisions

Article 1

This Law is enacted in accordance with the Constitution for the purposes of deepening reform of the state supervision system, strengthening oversight of all public employees who exercise public power, achieving full coverage of state supervision, intensifying the fight against corruption, and modernizing the state's governance system and capacity.

Article 2

State supervisory work shall be conducted under the leadership of the Communist Party of China and a centralized, unified, authoritative, and efficient system of state supervision with Chinese characteristics shall be built under the guidance of 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.

Article 3

Supervisory commissions at all levels are the organs specifically responsible for exercising state supervision, which shall, in accordance with this Law, supervise all public employees who exercise public power (hereinafter referred to as public employees); investigate duty-related malfeasance and crimes; build integrity and fight corruption; and safeguard the sanctity of the Constitution and the law.

Article 4

Supervisory commissions shall independently exercise their supervisory power in accordance with the provisions of laws which shall not be interfered with by any administrative organ, social organization, or individual.

In handling cases of duty-related malfeasance or crimes, supervisory organs shall work together with adjudicatory organs, procuratorial organs, and law enforcement departments, and they shall place a mutual check on each other.

Where supervisory organs request assistance with their work, relevant organs and work entities shall assist them as requested in accordance with law.

Article 5

State supervisory work shall strictly comply with the Constitution and the law, be based on facts and the law, apply the law equally to all, protect the lawful rights and interests of the parties involved, pair authority with responsibility, and exercise strict oversight, combining punishment with education and tempering justice with mercy.

Article 6

State supervisory work shall address both symptoms and root causes, deal with problems comprehensively, strengthen oversight and accountability, and strictly punish corruption; it shall deepen reform, strengthen the rule of law, and effectively impose limits on and carry out oversight of power; it shall strengthen education on the rule of law and moral education and promote fine traditional Chinese culture, in order to establish long-term mechanisms that ensure no one dares to be, can be, or wants to be corrupt.

Chapter II Supervisory Organs and Their Duties

Article 7

The National Commission of Supervision 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 establish supervisory commissions.

Article 8

The National Commission of Supervision is created by the National People's Congress and responsible for supervisory work nationwide.

The National Commission of Supervision shall be composed of a Chairperson, Vice Chairpersons, and members. The Chairperson shall be elected by the National People's Congress, and the Vice Chairpersons and members shall be appointed or removed by the Standing Committee of the National People's Congress at the proposal of the Chairperson of the National Commission of Supervision.

The term of office of the Chairperson of the National Commission of Supervision shall be the same as that of the National People's Congress. A Chairperson must not serve for more than two consecutive terms.

The National Commission of Supervision is responsible to the National People's Congress and its Standing Committee and shall accept their oversight.

Article 9

Local supervisory commissions at all levels shall be created by people's congresses at corresponding levels and be responsible for supervisory work in their respective administrative regions.

A local supervisory commission shall be composed of a chairperson, vice chairpersons, and members. The chairperson shall be elected by the people's congress at the same level, and the vice chairpersons and members shall be appointed or removed by the standing committee of the people's congress at the same level at the proposal of the chairperson of the local supervisory commission.

The term of office of the chairperson of a local supervisory commission shall be the same as that of the people's congress at the same level.

Local supervisory commissions at all levels are responsible to the people's congresses and their standing committees at corresponding levels and the supervisory commissions at the next higher level, and shall accept their oversight.

Article 10

The National Commission of Supervision shall guide the work of local supervisory commissions at all levels, and higher-level supervisory commissions shall guide the work of lower-level supervisory commissions.

Article 11

Supervisory commissions shall carry out their duties of oversight, investigation, and disposition, as prescribed in the provisions of this Law and other relevant laws:

(1) furnishing public employees with education in integrity, and conducting oversight and inspections to ensure lawful performance of duties, impartial use of authority, integrity in government and at work, and observance of ethics and code of conduct;

(2) investigating those who are suspected of embezzlement, bribery, abuse of power, neglect of duty, rent-seeking, tunneling benefits, malpractices for personal gain, waste of state money or property, and other duty-related malfeasance or crimes; and

(3) making decisions, in accordance with law, on administrative actions against public employees for violation of the law; holding leaders accountable for failure to perform or effectively perform their duties; referring results of investigation into those who are suspected of duty-related crimes to people's procuratorates for examination and public prosecution in accordance with law; and issuing supervisory recommendations to the work entities of those under supervision.

Article 12

Supervisory commissions at all levels may station or dispatch supervisory bodies or commissioners to organs of the Communist Party of China, to state organs, to organizations and work entities at corresponding levels authorized by laws or regulations or entrusted by state organs to manage public affairs, or to administrative regions or state-owned enterprises under their respective jurisdictions.

Supervisory bodies and commissioners are responsible to the supervisory commissions that station or dispatch them.

Article 13

Supervisory bodies and commissioners stationed or dispatched shall oversee public employees in accordance with law and within the limit of their authority, issue supervisory recommendations, and lawfully investigate and take action against public employees.

Article 14

The state shall implement a system for supervisory officers and work out measures for ranking, appointing, removing, evaluating and promoting them in accordance with law.

Chapter III Scope of Supervision and Jurisdiction

Article 15

Supervisory organs shall supervise the following public employees and other relevant personnel:

(1) public 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 Chinese People's Political Consultative Conference committees at all levels, organs of Chinese political parties other than the Communist Party of China, and organs of federations of industry and commerce, as well as personnel subject to the Law of the People's Republic of China on Public Servants;

(2) personnel performing public duties at organizations authorized by laws and regulations, or lawfully entrusted by state organs, to manage public affairs;

(3) management personnel of state-owned enterprises;

(4) personnel engaged in management in state-run entities of education, research, culture, health care, sports, etc.;

(5) personnel engaged in management in people's self-governance organizations at the primary level; and

(6) other personnel who perform public duties in accordance with law.

Article 16

Supervisory organs at all levels shall administer, within the limit of their authority, the supervisory matters concerning personnel stipulated in Article 15 of this Law within their respective jurisdictions.

A higher-level supervisory organ may handle the supervisory matters within the jurisdiction of a supervisory organ at the next lower level and may, where necessary, also handle the supervisory matters within the jurisdiction of the supervisory organs at any level within its jurisdiction.

Where there are disputes between supervisory organs over the jurisdiction of supervisory matters, the jurisdiction shall be determined by a common higher-level supervisory organ.

Article 17

A higher-level supervisory organ may designate a lower-level supervisory organ as having jurisdiction over the supervisory matters falling within the higher-level supervisory organ's jurisdiction, or may also assign jurisdiction over the supervisory matters falling within the jurisdiction of a lower-level supervisory organ to another supervisory organ.

Where supervisory organs consider supervisory matters over which they have jurisdiction to be too important or complicated to be handled and need to be placed under the jurisdiction of a higher-level supervisory organ, they may request that a higher-level supervisory organ assume jurisdiction.

Chapter IV Supervisory Power

Article 18

Supervisory organs exercising their oversight and investigation power are entitled to make inquiries with and collect and obtain evidence from relevant work entities or individuals in accordance with law, and the work entities and individuals concerned shall truthfully provide it.

Supervisory organs and their staff shall protect the state secrets, commercial secrets, and individual privacy gained in the course of oversight and investigation.

Any work entity or individual must not fabricate, conceal, or destroy evidence.

Article 19

Supervisory organs may, within the limit of their authority, either directly talk with or request explanations of circumstances from the subjects of supervision who are suspected of duty-related malfeasance, or entrust the matter to relevant organs or personnel.

Article 20

During investigations, supervisory organs may request persons under investigation for suspected duty-related malfeasance to give statements regarding the suspected illegal acts and, where necessary, shall inform the persons under investigation in a written form.

Supervisory organs may interrogate persons under investigation for suspected embezzlement, bribery, dereliction of duty, or other duty-related crimes and request truthful statements about suspected crimes from these persons.

Article 21

During investigations, supervisory organs may question witnesses and other persons.

Article 22

Where a supervisory organ has ascertained some of the facts and evidence regarding an offense or a crime of a person under investigation who is suspected of embezzlement, bribery, dereliction of duty, or other serious duty-related malfeasance or crime, and still needs to further investigate important issues, the supervisory organ may, upon lawful review and approval, detain the person under investigation at a designated location in any of the following circumstances:

(1) when it is a major or complicated case;

(2) when the person under investigation may escape or commit suicide;

(3) when the person may collude with others to give consistent testimony or fabricate, suppress, or destroy evidence; or

(4) when the person may take other actions to obstruct investigation.

Persons implicated in cases of suspected bribery or joint duty-related crimes may be subject to the detention measure by supervisory organs in accordance with the provisions of the preceding paragraph.

Detention facilities shall be established, managed, and overseen in accordance with relevant regulations of the state.

Article 23

When investigating suspected embezzlement, bribery, dereliction of duty, or other serious duty-related malfeasance or crimes, supervisory organs may, based on the need of work, make inquiries into or freeze savings, remittances, bonds, stocks, fund shares, or other assets of the work entities and individuals implicated in the case in accordance with regulations, and the relevant work entities and individuals shall cooperate.

Where frozen assets are determined to be irrelevant to the case, they shall be unfrozen and returned within three days.

Article 24

Supervisory organs may conduct searches of the body, items, and domiciles of, or other places related to the persons under investigation suspected of duty-related crimes and those of the persons who may be hiding others who are under investigation or criminal evidence. To conduct searches, search documents shall be produced and searches must be carried out in the presence of the persons being searched, their family members, or other authenticating witnesses.

Body searches of women shall be carried out by women staff.

When conducting searches, supervisory organs may, based on the need of work, request that public security organs cooperate. Public security organs shall provide assistance in accordance with law.

Article 25

During investigations, supervisory organs may collect, seal, or seize money, property, documents, and electronic data or other information that may be used to prove the offenses or crimes of which the person under investigation is suspected. When such measures are adopted, original items shall be gathered; each item shall be photographed, registered, and numbered in the presence of its possessor, custodian, or an authenticating witness; an inventory shall be drawn up to be verified and signed on site by those present, and a copy of the inventory shall be given to the possessor or custodian of the money, property or documents.

Supervisory organs shall establish special accounts and locations and appoint special personnel to keep the collected, sealed, or seized money, property and documents safe; strictly carry out transfer and collection formalities; and check and verify inventories at regular intervals; and must not damage the money, property or documents, or use them for other purposes. Items whose value may not be apparent or obvious shall be appraised in a timely manner and separately sealed up for safekeeping.

Where sealed or seized money, property or documents are ascertained to be irrelevant to a case, they shall be unsealed or released and returned within three days.

Article 26

During investigations, supervisory organs may directly conduct inspections and examinations, or appoint or hire personnel with specialized knowledge or qualifications to conduct inspections and examinations presided over by an investigating officer. Written records of the inspections and examinations shall be made and signed or sealed by inspecting or examining personnel and authenticating witnesses.

Article 27

During investigations, supervisory organs may appoint or hire persons with specialized knowledge to appraise specific issues in cases. After their appraisal, appraisers shall give written opinions in writing and sign them.

Article 28

When investigating major suspected embezzlement, bribery, and other duty-related crimes, supervisory organs may, upon completing strict approval formalities, employ technical investigative measures if they deem it necessary, and have these measures carried out by the relevant organs in accordance with regulations.

An approval decision shall specify the type of technical investigative measures and the subjects of supervision, and shall be valid for three months from the date of issuance. In a complicated or difficult case, where the approval decision expires and it is necessary to continue employing technical investigative measures, its period of validity may, upon approval, be extended by not more than three months each time. Where it is no longer necessary to continue employing technical investigative measures, they shall promptly be lifted.

Article 29

Where persons under investigation who should be in lawful detention are at large, supervisory organs may decide to list them as wanted within their own administrative regions, and public security organs shall issue wanted notices and bring them to justice. Where a wanted notice needs to be issued across administrative regions, the matter shall be reported to a higher-level supervisory organ with the authority for a decision.

Article 30

To prevent persons under investigation and related personnel from fleeing China's mainland, supervisory organs may, with the approval of a supervisory organ at or above the provincial level, adopt measures to restrict them from leaving China's mainland. The measures shall be enforced by public security organs in accordance with law. Where these measures are no longer necessary, they shall promptly be lifted.

Article 31

Where a person under investigation for a suspected duty-related crime voluntarily admits his guilt and is willing to accept punishment in any of the following circumstances, the supervisory organ may make a recommendation for leniency when referring the case to the people's procuratorate, provided this has been collectively studied by the leadership and reported to and approved by the supervisory organ at the next higher level.

(1) voluntarily surrendering and truly acknowledging and repenting the crime;

(2) fully cooperating with the investigation and truthfully confessing criminal or other illegal acts of which the supervisory organ is not yet aware;

(3) willingly surrendering ill-gotten gains and reducing losses; and

(4) making a major meritorious contribution, or being involved in a case concerning major state interests, etc.

Article 32

Where persons implicated in cases of duty-related malfeasance or crime reveal duty-related malfeasance or crimes by relevant persons under investigation that are verified, or provide important leads that assist in the investigation of other cases, the supervisory organ may make a recommendation for leniency when referring the case to the people's procuratorate, provided this has been collectively studied by the leadership and reported to and approved by the supervisory organ at the next higher level.

Article 33

Evidence collected by supervisory organs in accordance with this Law, such as physical evidence, documentary evidence, witness testimonies, confessions and statements by persons under investigation, audiovisual materials, and electronic data, may be used as evidence in criminal cases.

Supervisory organs shall collect, preserve, examine or use evidence in accordance with evidentiary requirements and standards for criminal adjudication.

Evidence collected by illegal means shall be excluded in accordance with law and must not be used as a basis for handling cases.

Article 34

Where people's courts, people's procuratorates, public security organs, auditing institutions, and other state organs discover in their work any lead on suspected embezzlement, bribery, dereliction of duty, or other duty-related malfeasance or crimes among public employees, they shall refer the lead to supervisory organs for lawful investigation and disposition.

Where persons under investigation are suspected of both serious duty-related malfeasance or crimes and other offenses or crimes, supervisory organs shall generally take the lead in the investigation, with the assistance of other organs.

Chapter V Supervisory Procedures

Article 35

Supervisory organs shall accept cases reported and public tip-offs and handle them in accordance with relevant regulations. They shall refer the cases and tip-offs that do not come within their respective jurisdictions to competent organs.

Article 36

Supervisory organs shall follow strict procedures in their work and establish working mechanisms to ensure coordination and mutual checks between departments that handle leads, investigations, and trials.

Supervisory organs shall strengthen oversight and management of the entire process of investigation and disposition by setting up departments for performing management and coordination functions such as management of leads, oversight and inspections, case handling supervision, and statistical analysis.

Article 37

Supervisory organs shall, in accordance with relevant regulations, put forward opinions on the disposition of leads concerning the subjects of supervision, perform review and approval formalities, and handle leads on a categorized basis. Information on the handling of leads shall be consolidated and circulated at regular intervals and subject to regular inspections and spot checks.

Article 38

Where methods need to be adopted to preliminarily verify leads, supervisory organs shall perform review and approval procedures in accordance with law and establish verification teams. After the preliminary verification has been completed, verification teams shall prepare preliminary verification reports and put forward suggestions on handling the leads. Departments responsible for handling leads shall form opinions on categorized handling. Preliminary verification reports and opinions on categorized handling shall be submitted to the principal leaders of supervisory organs for review and approval.

Article 39

Where preliminary verification finds that a subject of supervision who is suspected of duty-related malfeasance or crime needs to be held legally liable, the supervisory organ shall handle formalities for filing the case within the limit of its authority and based on procedures.

After approving the filing of cases in accordance with law, the principal leaders of supervisory organs shall preside over special meetings to draw up investigation plans and decide on investigative measures to be taken.

Decisions to file and investigate cases shall be announced to the persons under investigation and reported to relevant organizations. Where persons under investigation are suspected of serious duty-related malfeasance or crimes, their families shall be informed and their cases shall be announced to the public.

Article 40

Supervisory organs shall investigate cases of duty-related malfeasance or crimes to gather evidence of whether persons under investigation have committed offenses or crimes and of the seriousness of the circumstances, ascertain the facts concerning the offenses or crimes, and form a chain of corroborative, complete, and solid evidence.

The gathering of evidence by threat, enticement, fraud, or other illegal means is strictly prohibited. Insulting, beating, berating, abusing, and direct or covert use of corporal punishment of persons under investigation or persons implicated in cases are strictly prohibited.

Article 41

Where investigators investigate through interrogation, questioning, detention, search, collection, sealing, seizure, inspection and examination or other measures, they shall, without exception, present their identification in accordance with regulations, issue written notices, investigate with another or more investigators, and produce notes, reports, and other written materials, which shall be signed and sealed by relevant personnel.

Where investigators conduct interrogations and carry out important evidence gathering work such as searches, sealing, or seizures, they shall make audiovisual recordings of the entire process for future reference.

Article 42

Investigators shall strictly implement investigation plans and must not arbitrarily expand the scope of investigation or change the subjects or matters under investigation.

Important matters in the course of investigation shall be collectively studied and then reported for instruction in accordance with procedures.

Article 43

The employment by supervisory organs of the detention measure shall be studied and decided upon collectively by their leadership. The employment of the detention measure by a supervisory organ at or below the level of cities divided into districts shall be reported to the supervisory organ at the next higher level for approval. The employment of the detention measure by provincial-level supervisory organs shall be reported to the National Commission of Supervision for record.

A period of detention must not exceed three months. In exceptional circumstances, it may be extended once but by not more than three months. Where a supervisory organ at or below the provincial level uses detention, an extension of a detention period shall be reported to the supervisory organ at the next higher level for approval. Where a supervisory organ finds that the detention measure taken is inappropriate, it shall promptly lift it.

Supervisory organs employing the detention measure may request the cooperation of public security organs based on the need of the work. Public security organs shall provide assistance in accordance with law.

Article 44

Once a person under investigation is detained, his work entity and family shall be informed within 24 hours, except in circumstances that may impede the investigation, such as possible destruction or fabrication of evidence, witness tampering, or collusion to give consistent testimony. Once such circumstances no longer exist, supervisory organs shall immediately inform the work entity and family of the person under detention.

Supervisory organs shall ensure access to food, rest, safety, and medical services for persons under detention. Interrogations of these persons shall be reasonably arranged in terms of time and duration, and interrogation records shall be reviewed and signed by the interrogated.

Where persons suspected of crimes are lawfully sentenced to non-custodial correction, short-term custody, or fixed-term imprisonment after they are transferred to judicial organs, their sentence shall be reduced by the period they were under detention. One day under detention shall be counted as two days under non-custodial correction and as one day under short-term custody or fixed-term imprisonment.

Article 45

Supervisory organs shall, in light of oversight and investigation results, make the following dispositions in accordance with law:

(1) within the limit of their authority, either directly talking with and warning public employees who have committed minor offenses by abusing public office, criticizing and educating them, urging them to conduct a self-examination, or admonishing them, or entrusting the matter to relevant organs or personnel;

(2) issuing public employees who have committed offenses, a warning, demerit, major demerit, demotion, dismissal, expulsion from office, or take any other administrative action in accordance with statutory procedures;

(3) within the limit of their authority, either directly making a decision to hold leaders responsible for the nonperformance or incorrect performance of duties accountable, or submitting a recommendation to an organ with authority to make accountability decisions for holding these leaders accountable;

(4) whereupon finding criminal facts clear and evidence solid and sufficient for those suspected of duty-related crimes, writing a prosecution proposal and transferring it along with case file materials and evidence to people's procuratorates for them to review and initiate public prosecution in accordance with law; and

(5) issuing supervisory recommendations for solving the problems concerning the building of integrity and the performance of duties to the entities for which the subjects of supervision work.

Where, after investigation, supervisory organs find there is no evidence proving that persons under investigation have engaged in offenses or criminal acts, they shall withdraw such cases and inform the work entities of the persons under investigation of the withdrawal.

Article 46

Following investigations, supervisory organs shall confiscate, recover, or order the return of or compensation for any illegally obtained money and property. Money and property acquired through suspected crimes shall be transferred together with cases to people's procuratorates.

Article 47

For cases transferred from supervisory organs, people's procuratorates shall take compulsory measures against the persons under investigation in accordance with the Criminal Procedure Law of the People's Republic of China.

Where, after examination, people's procuratorates find criminal facts clear and evidence solid and sufficient and conclude that aforesaid persons shall be held criminally liable in accordance with law, they shall make the decision to prosecute.

Where, after examination, people's procuratorates find it necessary to supplement or verify investigations, they shall return the cases in question to supervisory organs for supplementary investigation and, where necessary, may supplement investigations on their own. Where supplementary investigations are required, they shall be completed within one month. Investigations shall not be supplemented more than twice.

Where there are circumstances for non-prosecution as provided for in the Criminal Procedure Law of the People's Republic of China, upon approval by the people's procuratorate at the next higher level, a people's procuratorate shall decide not to prosecute in accordance with law. Where a supervisory organ believes that a decision not to prosecute is wrong, it may file a request to the people's procuratorate at the next higher level for a reconsideration.

Article 48

Where persons under investigation by supervisory organs for cases of embezzlement, bribery, dereliction of duty, or other duty-related crimes escape or die during investigations but there is a need to continue investigating, investigations shall continue and conclusions be made upon approval by a supervisory organ at or above the provincial level. Where persons under investigation escape so that cases cannot be brought against them within one year of their being listed as wanted, or they die, supervisory organs shall request people's procuratorates to apply, in accordance with statutory procedures, to people's courts for the confiscation of the unlawful gains of the aforesaid persons.

Article 49

Where a subject of supervision does not accept a decision concerning him rendered by a supervisory organ, the subject of supervision may apply for a review to the supervisory organ that rendered the decision within one month of receiving the decision, and the reviewing organ shall render a review decision within one month. Where the subject of supervision does not accept the review decision, he may apply to the supervisory organ at the next higher level for reexamination within one month of receiving the review decision, and the examining organ shall render a reexamination decision within two months. Enforcement of the original decision shall not be suspended during the period of review or reexamination. Where, upon reexamination, an error is found by an examination organ, the original organ that rendered the decision shall correct it in a timely manner.

Chapter VI International Cooperation Against Corruption

Article 50

The National Commission of Supervision shall plan and coordinate China's anti-corruption communication and cooperation with other countries, regions, and international organizations, and organize the implementation of international anti-corruption treaties.

Article 51

The National Commission of Supervision shall organize and coordinate relevant parties to strengthen cooperation with relevant countries, regions, and international organizations in anti-corruption law enforcement, extradition, judicial assistance, transfer of sentenced persons, asset recovery, information exchanges and other areas.

Article 52

The National Commission of Supervision shall strengthen the organization and coordination of anti-corruption efforts, such as international pursuits of fugitives, recovery of proceeds of crime, and escape prevention, and urge relevant work entities to properly complete relevant work:

(1) in cases of major embezzlement, bribery, dereliction of duty, or other duty-related crimes, where persons under investigation have fled China's mainland and there is relatively conclusive evidence, pursuing them to bring them to justice through cross-border cooperation;

(2) requesting countries where relevant proceeds of crime are located to make inquiries about, freeze, seize, confiscate, recover, or return them; and

(3) inquiring about or monitoring entry into and exit from China's mainland and cross-border flows of funds of public employees suspected of duty-related crimes and related persons, and setting up procedures to prevent their escape while investigating cases.

Chapter VII Oversight of Supervisory Organs and Personnel

Article 53

Supervisory commissions at all levels shall accept oversight by people's congresses and their standing committees at corresponding levels.

Standing committees of people's congresses at all levels shall listen to and deliberate specialized work reports of supervisory organs at corresponding levels and organize law implementation inspections.

When people's congresses at or above the county level and their standing committees hold a meeting, deputies to the people's congresses or members of the standing committees may, in accordance with the procedures prescribed by law, ask questions about or inquire about issues relevant to supervisory work.

Article 54

Supervisory organs shall make information on supervisory work public in accordance with law and accept democratic oversight, oversight from all sectors of society, and oversight through public opinion.

Article 55

Supervisory organs shall strengthen oversight of supervisory personnel's performance of duties and their compliance with law by establishing internal oversight bodies and other means, to ensure that supervisory personnel are loyal, upstanding, and responsible.

Article 56

Supervisory personnel must exemplarily comply with the Constitution and the law, be devoted to their duties, enforce the law impartially, be honest and upright, and preserve confidentiality. They must be politically sound, familiar with supervision, and able to use laws, regulations, and policies, conduct investigations, and collect evidence, and readily accept oversight.

Article 57

Supervisory personnel in charge of supervisory matters shall, in a timely manner, report instances of other supervisory personnel attempting to wrongfully inquire about, look into, intercede, or interfere in a case. Relevant circumstances shall be recorded and filed.

Anyone who discovers that supervisory personnel handling supervisory matters have contacted persons under investigation, persons implicated in cases, or persons with a certain relationship with them without permission, or that connections between the supervisory personnel and such persons exist, shall report the matter in a timely manner. Relevant circumstances shall be recorded and filed.

Article 58

Where any of the following applies to supervisory personnel handling supervisory matters, they shall voluntarily recuse themselves, and the subject of supervision, informants, or other relevant persons shall also be entitled to request recusal:

(1) when they are close relatives of the subjects of supervision or the informants;

(2) when they have served as witnesses in the cases;

(3) when they, or their close relatives, have an interest in the supervisory matters being dealt with; and

(4) when there are other circumstances that mean they may impact the fair handling of supervisory matters.

Article 59

On leaving their posts or work entities, personnel of supervisory organs who had access to confidential information shall comply with the management provisions on confidentiality during departure periods, strictly fulfill their confidentiality obligations, and shall not divulge relevant secrets.

Supervisory personnel shall not engage in professions connected with supervisory or judicial work in which conflicts of interest might occur for three years following their resignation or retirement.

Article 60

Where a supervisory organ or any of its staff members commit any of the following, persons under investigation or their close relatives shall be entitled to appeal to that organ:

(1) when the statutory detention period has expired, but detention is not lifted;

(2) when money and property irrelevant to the case are sealed, seized, or frozen;

(3) when sealing, seizure, or freezing measures that should have been lifted remain unlifted;

(4) when sealed, seized, or frozen money or property is embezzled, misappropriated, divided up, replaced, or used in violation of regulations; and

(5) when other acts occur that violate laws and regulations or infringe upon the lawful rights and interests of the persons under investigation.

The supervisory organ accepting the appeal shall make a disposition decision within one month of accepting an appeal. Where the complainant does not accept the disposition decision, he may apply for a reexamination to the supervisory organ at the next higher level within one month of receiving the disposition decision. The supervisory organ at the next higher level shall make a disposition decision within two months of receiving the application for a reexamination, and where the complaint is upheld, corrections shall be made in a timely manner.

Article 61

Where, after the completion of an investigation, the basis for filing a case is found insufficient or inaccurate, major mistakes are found in the handling of the case, or supervisory personnel are found to have seriously violated the law, the leaders who bear responsibility and those directly responsible for the offenses shall be held accountable.

Chapter VIII Legal Liability

Article 62

Where relevant work entities refuse to enforce supervisory organs' decisions or refuse to accept supervisory recommendations without legitimate reasons, competent departments or organs at higher levels shall order them to make corrections and circulate criticisms of them. Actions shall be taken against the leaders who bear responsibility and those directly responsible for the offenses in accordance with law.

Article 63

Where relevant personnel violate provisions of this Law in any of the following ways, their work entity, the competent department, a higher-level organ, or a supervisory organ shall order them to make corrections and take action against them in accordance with law:

(1) refusing to cooperate with a supervisory organ in an investigation, such as by refusing to provide materials as requested, or refusing or obstructing the implementation of investigative measures;

(2) providing false information to conceal the truth;

(3) colluding to give consistent testimony, or fabricate, conceal or destroy evidence;

(4) preventing others from exposing, reporting or providing evidence; and

(5) taking other acts that seriously violate the provisions of this Law.

Article 64

The subjects of supervision who retaliate against or frame accusers, informants, witnesses, or supervisory personnel, and the accusers, informants or witnesses who fabricate facts to falsely accuse or frame the subjects of supervision shall be dealt with in accordance with law.

Article 65

Where supervisory organs or their staff members take any of the following acts, the leaders who bear responsibility and those directly responsible for the offenses shall be dealt with in accordance with law:

(1) disposing of leads without permission or authorization, concealing major information relating to cases, or keeping or handling materials involved in cases without authorization;

(2) exploiting their authority or the influence of their positions to interfere with investigations or to seek personal gain from cases;

(3) stealing or illegally disclosing investigation information or divulging reported matters, information regarding the acceptance of reports, or informants' information;

(4) extorting or inducing confessions from persons under investigation or implicated in cases, or insulting, beating, berating, abusing, or using direct or covert corporal punishment against them;

(5) disposing of sealed, seized, or frozen money or property in violation of regulations;

(6) causing case-handling safety accidents in violation of regulations, or concealing, or submitting untruthful reports on or mishandling safety accidents after they occur;

(7) employing the detention measure in violation of regulations;

(8) restricting others from exiting China's mainland in violation of regulations or failing to follow regulations to lift restrictions on exiting China's mainland; and

(9) taking other actions that constitute the abuse of authority, neglect of duty, or malpractice for personal gain.

Article 66

Anyone whose violation of this Law constitutes a crime shall be held criminally liable in accordance with law.

Article 67

Where, in the performance of their duties, supervisory organs and their staff members infringe on the lawful rights and interests of citizens, legal persons, or other organizations and cause them harm, state compensation shall be paid in accordance with law.

Chapter IX Supplementary Provisions

Article 68

The Central Military Commission shall formulate specific provisions on the supervisory work of the Chinese People's Liberation Army and the Chinese People's Armed Police Force based on this Law.

Article 69

This Law shall come into force as of the date it is promulgated. The Administrative Supervision Law of the People's Republic of China shall be simultaneously repealed.