Provisions of the Ministry of Justice on Discipline Inspection and Supervision

Article 1 These Provisions are formulated in accordance with the relevant provisions of the Central Commission for Discipline Inspection and the Ministry of Supervision in order to standardize and institutionalize the discipline inspection and supervision work of the Ministry of Justice, further improve the work quality and efficiency, and promote the anti-corruption struggle in the judicial administrative system and the building of a clean and honest party style. Article 2 The discipline inspection team and supervision bureau stationed in the Ministry of Justice shall exercise their functions and powers under the leadership of the Central Commission for Discipline Inspection, the Ministry of Supervision and the Ministry of Justice. Supervise and inspect the implementation of the Party's line, principles and policies, national laws and regulations, the State Council resolutions, orders and decisions, rules and regulations of the Ministry of Justice, enterprises and institutions directly under the Ministry, centralized management units and leading cadres appointed by the Ministry. Article 3 The discipline inspection team and supervision bureau stationed in the Ministry of Justice shall perform their duties in the following ways:

(a) regularly or irregularly check the implementation of national laws, regulations, policies, decisions and orders;

(two) to carry out special inspections on the construction of a clean and honest government, the rectification of unhealthy practices in the industry and the enforcement of the law;

(3) Investigating violations of laws and regulations;

(four) to inspect and guide the discipline inspection and supervision work of the judicial administrative system. Article 4 The work of discipline inspection and supervision must be realistic, with emphasis on evidence, investigation and research. Everyone is equal before the law, and everyone is equal before the party discipline and political discipline. It is necessary to implement the principles of combining discipline inspection and supervision with mass supervision, combining discipline enforcement with ideological education, and combining investigating and handling violations of laws and regulations with improving work. Article 5 The Supervision Bureau of the Discipline Inspection Group of the Ministry of Justice shall accept the following cases:

(a) the masses to report and accuse;

Leadership approval;

(three) transferred by the relevant departments;

(four) found by the discipline inspection and supervision organs;

(five) the object of discipline inspection and supervision refuses to accept the disciplinary action. Article 6 The Supervision Bureau of the Discipline Inspection Group stationed in the Ministry of Justice generally accepts cases in the following four ways:

1 custody. That is, cases of violation of law and discipline directly investigated and dealt with by the discipline inspection and supervision department of the Ministry of Justice. When necessary, you can participate in the investigation of major cases within the judicial administrative system;

(2) Co-organizers. Cases undertaken by other discipline inspection and supervision departments can be investigated and understood by the Supervision Bureau of the Discipline Inspection Group of the Ministry of Justice;

3 transfer. Cases investigated and dealt with by subordinate departments and reports and complaints can be referred to relevant departments or discipline inspection and supervision organs of judicial departments of provinces, autonomous regions and municipalities directly under the Central Government for investigation and handling;

4 reminders. The leaders' instructions and the cases investigated and dealt with by the discipline inspection and supervision organs at lower levels will be regularly reminded. Generally, the undertaking organ reports the investigation results within three to six months. Article 7 After accepting cases of violation of law and discipline, the Supervision Bureau of the Discipline Inspection Group stationed in the Ministry of Justice shall send personnel or entrust the discipline inspection and supervision organs at lower levels to handle them according to the situation. For matters that need to be investigated, preliminary verification shall be carried out after approval by relevant leaders. Article 8 After preliminary verification, a preliminary verification report shall be written and handled according to different situations:

(a) reflect the problem is not true, should be reflected to the unit to explain the situation, if necessary, should also be reflected to explain the situation or to clarify within a certain range;

(two) the facts of violation of discipline but the circumstances are minor, and it is not necessary to investigate the responsibility of party discipline and political discipline, and it is suggested that the relevant units should deal with it accordingly;

(three) for the fact that there is a violation of discipline, it is necessary to investigate the responsibility of party discipline and political discipline, and should be placed on file. Article 9 The undertaker shall write the filing report, fill in the filing approval form, and attach the accusation materials and preliminary investigation and verification materials.

The record of cadres below the departmental level (including the departmental level) shall be examined and approved by the leaders of the discipline inspection team and the Supervision Bureau; The filing of bureau-level cadres and leading cadres of enterprises and institutions appointed by the Ministry shall be approved by the party group or the ministerial office meeting of the Ministry. Article 10 For cases that have been put on file, an investigation team of two or more persons shall be formed according to the actual situation, and an investigation plan shall be formulated and implemented with the consent of the leaders. Article 11 The Discipline Inspection and Supervision Bureau of the Ministry of Justice has the right to take the following measures in case investigation:

(a) to consult and copy the documents and materials related to the discipline inspection and supervision work, and to understand other relevant information;

(2) Temporarily detaining or sealing up documents, materials, articles and illegal gains that can prove violations of law and discipline;

(3) Checking the deposits of persons directly related to the investigation and handling of cases in banks or other financial institutions, and may notify banks or other financial institutions to suspend payment;

(4) Requiring the organ under investigation and relevant personnel to provide documents, materials and other necessary information related to the contents of the investigation;

(five) to order the relevant personnel to explain and explain the problems involved in the investigation at the specified time and place;

(six) ordered to stop acts that are or may harm the interests of the state and the legitimate rights and interests of citizens;

(seven) it is suggested to suspend the official activities or duties of persons suspected of serious violations of law and discipline. Article 12 The discipline inspection and supervision organs shall comprehensively collect evidence and listen to the statements and explanations of the people under investigation. Thirteenth cases filed for investigation shall be closed within six months after filing. If it is necessary to extend the time limit for handling cases due to special reasons, it shall be reported to the relevant leaders for approval, but it shall not exceed one year at the latest. Fourteenth after the investigation, according to the following ways:

(a) if the violation of law and discipline is true, an investigation report shall be written. The contents of the investigation report include: the basic situation of the investigated person; Basis for filing a case; The nature of the facts and problems of violation of discipline and law; Responsibilities of relevant personnel; The attitude and handling opinions of the respondents; Signature or seal of the researcher; Report time, etc. ;

(two) after investigation, it is found that the accusation and accusation are false, and a report on the withdrawal of the case shall be written and submitted to the leader who approved the case for closing;

(three) if the behavior of the person under investigation has constituted a crime, it shall be transferred to judicial organs for handling according to law.