Measures for the administration of supervisor rank

People's Republic of China (PRC) Ombudsman Act

(202 1 Adopted at the 30th Session of the 13th NPC Standing Committee on August 20th)

catalogue

Chapter I General Principles

Chapter II Duties, Obligations and Rights of the Ombudsman

Chapter III Conditions and Selection of Supervisors

Chapter IV Appointment and Removal of Supervisors

Chapter V Management of Supervisors

Chapter VI Assessment and Reward of Supervisors

Chapter VII Supervision and Punishment of Supervisors

Chapter VIII Occupational Security of Supervisors

Chapter IX Supplementary Provisions

Chapter I General Principles

Article 1 In order to strengthen the management and supervision of supervisors, ensure supervisors to perform their duties according to law, safeguard the legitimate rights and interests of supervisors, promote the construction of high-quality professional supervisors, and promote the standardization and legalization of supervisors' work, this Law is formulated in accordance with the Constitution and the Supervision Law of People's Republic of China (PRC).

Article 2 The management and supervision of supervisors should adhere to the leadership of China, adhere to the guidance of Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory, Theory of Three Represents, Scientific Outlook on Development and Jin Ping's Socialism with Chinese characteristics Thought in the new era, adhere to the principle of the party governing cadres, enhance the sense of mission, responsibility and honor of supervisors, and build a loyal and clean supervisor team.

Article 3 The Ombudsman shall be composed of the following personnel:

(a) the directors, deputy directors and members of the board of supervisors at all levels;

(2) Supervisors in the supervisory board institutions at all levels;

(3) Supervisory organs, state organs, organizations and units authorized or entrusted by laws and regulations to manage public affairs stationed or dispatched by supervisory committees at all levels, and supervisory personnel and commissioners in administrative areas under their jurisdiction;

(4) Supervisors of other supervisory institutions exercising supervisory power according to law.

The supervision and management of supervisory organs, supervisors and other supervisory organs in state-owned enterprises by supervisory committees at all levels shall be carried out with reference to the relevant provisions of this Law.

Article 4 A supervisor shall be loyal, firm, responsible, honest and upright, set an example, be strict and self-disciplined, have a good style of work, and resist corruption and change.

Article 5 Supervisors shall safeguard the dignity and authority of the Constitution and laws, take facts as the basis and laws as the criterion, perform their duties objectively and fairly, and safeguard the legitimate rights and interests of the parties concerned.

Article 6 Supervisors shall perform their duties in strict accordance with the prescribed authority and procedures, adhere to democratic centralism, and collectively study major issues.

Seventh supervisory organs should establish and improve the supervision system and mechanism for supervisory personnel to ensure that their power is strictly restricted.

Supervisors should consciously accept organizational supervision, democratic supervision, social supervision and public opinion supervision.

Article 8 Supervisors shall perform their duties according to law and shall be protected by law, and shall not be interfered by administrative organs, social organizations or individuals.

Chapter II Duties, Obligations and Rights of the Ombudsman

Article 9 A supervisor shall perform the following duties according to law:

(a) to educate public officials in a clean and honest manner;

(two) to supervise and inspect the public officials' performance of their duties according to law, fair use of power, honesty in politics and ethics;

(three) to investigate the illegal acts and crimes of duty within the jurisdiction of the supervisory organ according to law;

(four) according to the results of the supervision and investigation, put forward opinions on the supervision matters;

(five) to carry out international cooperation against corruption;

(six) other duties as prescribed by law.

The Ombudsman is responsible for handling supervision matters within his authority.

Article 10 A supervisor shall perform the following obligations:

(1) Consciously adhere to the leadership of China, and strictly implement China's line, principles and policies and the major decision-making arrangements of the country;

(2) exemplary compliance with the Constitution and laws;

(3) to safeguard the interests of the state and the people, enforce the law impartially, be brave in taking responsibility and supervision, and resolutely fight corruption;

(four) to protect the legitimate rights and interests of the object of supervision and the relevant personnel according to law;

(five) loyal to their duties, diligent and conscientious, and strive to improve the quality and efficiency of work;

(six) to keep state secrets and regulatory secrets, and to keep confidential the business secrets and personal privacy and personal information learned in the course of performing their duties;

(seven) strictly abide by discipline and professional ethics, and abide by social morality and family virtues;

(8) Consciously accepting supervision;

(nine) other obligations stipulated by law.

Article 11 An inspector shall enjoy the following rights:

(a) the powers and working conditions that should be possessed to perform the duties of an inspector;

(2) Occupational security and welfare benefits that should be enjoyed when performing the duties of supervisors;

(3) Personal, property and residential safety are protected by law;

(4) filing a complaint or accusation;

(five) other rights stipulated in the Civil Service Law of People's Republic of China (PRC) and other laws.

Chapter III Conditions and Selection of Supervisors

Article 12 A supervisor shall meet the following conditions:

(1) Having People's Republic of China (PRC) nationality;

(two) loyal to the Constitution, adhere to the leadership of China and the socialist system;

(3) Having good political quality, moral conduct and honest style;

(four) familiar with laws, regulations and policies, and have the professional knowledge and ability to perform the duties of supervision, investigation and disposal;

(5) Having the physical conditions and psychological quality to perform their duties normally;

(6) Having a bachelor's degree or above in an institution of higher learning;

(seven) other conditions prescribed by law.

Before the implementation of this Law, supervisors who do not have the qualifications specified in Paragraph 6 of the preceding paragraph shall receive training and assessment, and the specific measures shall be formulated by the National Supervisory Commission (NSC).

Thirteenth in any of the following circumstances, shall not serve as a supervisor:

(1) Having received criminal punishment for committing a crime, and if the circumstances of the crime are minor, the people's procuratorate decides not to prosecute according to law or the people's court exempts him from criminal punishment according to law;

(2) China was dismissed from the party, stayed in the party for observation, and expelled from the party;

(3) Being removed from his post or expelled from public office;

(4) Being listed as the object of joint punishment for dishonesty according to law;

(5) The spouse has moved outside the country (territory), or all the children have moved outside the country (territory) without a spouse;

(6) Other circumstances prescribed by law.

Article 14 The selection and appointment of supervisors shall adhere to the principles of having both ability and political integrity, putting morality first, being all corners of the country and appointing people on their merits, putting career first, being fair and upright, highlighting political standards and paying attention to work performance.

Article 15 A supervisor shall be selected from those who meet the requirements of a supervisor by means of examination and assessment.

Article 16 When hiring supervisors, the methods of public examination, strict inspection, equal competition and merit-based admission shall be adopted in accordance with laws and relevant state regulations.

Article 17 The board of supervisors may, according to the needs of supervision work and in accordance with laws and relevant regulations of the state, select qualified personnel as supervisors from the personnel engaged in public affairs in state organs, state organs, institutions, state-owned enterprises and other organs and units.

Article 18 The supervisory committee may, according to the needs of supervisory work and in accordance with laws and relevant regulations of the state, select qualified personnel as supervisory personnel from those engaged in occupations or teaching and research related to the duties of supervisory organs.

Chapter IV Appointment and Removal of Supervisors

Article 19 director of the National Supervisory Commission is elected and removed by the National People's Congress, and vice-chairmen and members are appointed and removed by director of the National Supervisory Commission and the NPC Standing Committee.

The directors of local supervisory committees at various levels shall be elected and removed by the people's congresses at the corresponding levels, and the vice-directors and members shall be submitted by the directors of the supervisory committees to the standing committees of the people's congresses at the corresponding levels for appointment and removal.

The directors, deputy directors and members of the supervisory committees of Xinjiang Production and Construction Corps at all levels shall be submitted by the director of the supervisory committee of Xinjiang Uygur Autonomous Region to the Standing Committee of the People's Congress of the autonomous region for appointment and removal.

The appointment and removal of other supervisors shall be handled in accordance with the management authority and prescribed procedures.

Article 20 When an inspector takes office, he shall take a constitutional oath according to law.

Article 21 A supervisor shall be dismissed under any of the following circumstances:

(1) Having lost People's Republic of China (PRC) nationality;

(2) There is no need to retain the position of supervisor when the position changes;

(3) retirement;

(4) Resignation or dismissal according to law;

(5) Being transferred or expelled due to violation of discipline and law;

(6) Other circumstances prescribed by law.

Article 22 An Ombudsman may not be a member of the Standing Committee of the People's Congress, an administrative organ, a judicial organ, a procuratorial organ, an enterprise or other profit-making organizations or institutions, a people's juror, a people's supervisor, a practicing lawyer, an arbitrator or a notary.

If a supervisor needs to work part-time, it shall be approved in accordance with the management authority, but shall not receive part-time remuneration.

Article 23 Where a supervisor serves as the director of the county-level and municipal-level supervisory committees with districts, geographical withdrawal shall be implemented in accordance with relevant regulations.

Article 24 A supervisor with husband-and-wife relationship, lineal consanguinity, collateral consanguinity within three generations and close affinity shall not hold the following positions at the same time:

(1) Directors, deputy directors, members, the above-mentioned personnel and other supervisors of the same board of supervisors.

(2) Supervisors in the same department of the Board of Supervisors;

(3) Supervisors of the same authorized institution, dispatched institution or other supervisory institution;

(4) the directors, deputy directors and members of the supervisory committees at higher and lower levels.

Chapter V Management of Supervisors

Article 25 The ranks of inspectors are divided into thirteen levels, namely, chief inspector, first-class deputy inspector general, second-class deputy inspector general, first-class senior inspector general, second-class senior inspector general, third-class senior inspector general, fourth-class inspector general, second-class inspector general, third-class inspector general, fourth-class inspector general, fifth-class inspector general and sixth-class inspector general.

Article 26 director of the National Supervisory Commission is the chief inspector.

Article 27 The level of a supervisor shall be determined according to his post level, ability and integrity, professional level, work performance and working years.

The promotion of inspector-level officers adopts a combination of regular promotion and selective promotion. Those who are particularly outstanding or have made special contributions can be promoted in advance.

Article 28 The specific measures for the establishment, determination and promotion of supervisors shall be formulated separately by the state.

Twenty-ninth new supervisors shall implement the pre-job training system.

Article 30 A supervisor shall conduct political, theoretical and professional training in a planned way.

Training should highlight the characteristics of political organs, adhere to the integration of theory with practice, teach according to needs, stress practical results, and improve professional ability.

The training of inspectors is one of the bases for inspectors' assessment and promotion of positions and ranks.

Thirty-first supervisor training institutions shall undertake the task of supervisor training in accordance with the relevant provisions.

Article 32 The state strengthens the discipline construction of supervision, encourages qualified institutions of higher learning to offer supervision majors or courses, trains high-quality supervision reserve talents with both ability and political integrity, and improves the professional ability of supervisors.

Article 33 Supervisors shall exchange posts in accordance with laws and relevant state regulations.

Article 34 An inspector who applies for resignation shall submit it in writing, and after being approved according to the management authority, he shall be removed from his post according to the prescribed procedures.

Article 35 A supervisor shall be dismissed according to law and removed from his post according to the prescribed procedures.

The dismissal of supervisors shall be decided in accordance with the management authority. The dismissal decision shall be notified to the dismissed supervisor in writing, and the reasons and basis for the decision shall be explained.

Chapter VI Assessment and Reward of Supervisors

Article 36 The assessment of supervisors shall be comprehensive, objective and fair, and the usual assessment, special assessment and annual assessment shall be combined.

Article 37 The assessment of supervisors shall be based on the management authority, focusing on political quality, work performance and honesty and self-discipline, and comprehensively assess the supervisors' morality, ability, diligence, performance and honesty.

Thirty-eighth annual assessment results are divided into four grades: excellent, competent, basically competent and incompetent.

The assessment results serve as the basis for adjusting the rank and salary of supervisors, as well as supervisors' rewards and punishments, dismissal, demotion and dismissal.

Article 39 The supervisor shall be informed of the annual assessment results in writing. If the inspector disagrees with the evaluation results, he can apply for a review.

Fortieth supervisors and supervisors' collectives who have made outstanding achievements and contributions in supervision work or have other outstanding deeds shall be rewarded.

Article 41 A supervisor shall be rewarded for any of the following performances:

(1) Performing supervisory duties with remarkable achievements;

(2) Having made remarkable achievements and contributions in investigating and dealing with illegal acts and crimes committed by taking advantage of duty;

(three) put forward valuable regulatory suggestions, which have obvious effects on preventing and eliminating major risks;

(four) outstanding achievements in the study of regulatory theory and summing up the practical experience of supervision, which has a guiding role in the supervision work;

(five) other achievements.

The rewards of supervisors shall be handled in accordance with relevant regulations.

Chapter VII Supervision and Punishment of Supervisors

Forty-second supervisory organs should standardize the work flow, strengthen the construction of internal supervision and restriction mechanism, and strengthen the supervision of the law on the performance of duties by supervisory personnel.

Article 43 Any unit or individual has the right to report and accuse the supervisors of violating discipline and law. The organ that accepts the report and complaint shall promptly investigate and deal with it, and inform the prosecutor and complainant of the result.

No one may suppress or retaliate against units and individuals who report or accuse according to law.

Forty-fourth supervisory organs shall promptly investigate and deal with clues about supervisors' violation of discipline and performance of duties transferred by judicial organs, procuratorial organs and law enforcement departments.

Article 45 The Board of Supervisors shall, according to the needs of work, hire special supervisors and other supervisors from various representatives in accordance with regulations to supervise the performance of duties by supervisors and put forward opinions and suggestions on strengthening and improving supervision.

Article 46 A supervisor shall not inquire, ask questions or intercede about a case. For the above acts, the supervisor who handles the supervision matters shall report to the superior in time. Relevant information shall be registered for the record.

Without approval, the supervisory personnel handling the supervisory matters shall not contact or associate with the person under investigation, the persons involved in the case and their specific relations. For the above behavior, the supervisor who knows the situation should report to the superior in time. Relevant information shall be registered for the record.

Forty-seventh supervisors shall voluntarily withdraw from the supervision matters under any of the following circumstances, and the objects of supervision, prosecutors, accusers and other relevant personnel also have the right to ask them to withdraw; If there is no initiative to apply for withdrawal, the supervisory organ shall decide to withdraw according to law:

(1) Being the object of supervision or a close relative of a prosecutor or complainant;

(2) Having served as a witness in this case;

(three) I or his close relatives have an interest in the supervision matters handled;

(four) other circumstances that may affect the fair handling of supervision matters.

Article 48 The supervisor shall strictly implement the confidentiality system, control the scope and time of knowing the supervision matters, and shall not keep, conceal, consult, extract, copy or carry the clues and information involved without permission, and it is strictly forbidden to disclose the secrets of supervision work.

After leaving the post, the supervisor shall abide by the provisions on the management of confidentiality period, strictly fulfill the confidentiality obligation, and shall not disclose relevant secrets.

Article 49 A supervisor shall not engage in any occupation related to judicial supervision that may have conflicts of interest within three years after leaving his post.

After leaving office, supervisors shall not act as agents ad litem or defenders of the original supervisory organ in handling cases, except as guardians or close relatives of the parties.

After a supervisor is dismissed, he shall not act as an agent ad litem or defender, except that the guardian or the close relatives of the parties represent him in litigation or defense.

Article 50 A supervisor shall abide by the relevant provisions regulating the behavior of spouses, children and spouses of leading cadres in conducting business. In violation of the provisions, be dealt with.

Article 51 A supervisor's spouse, parents, children and their spouses shall not act as agents ad litem or defenders in handling cases in the supervisory organ where the supervisor works, nor shall they provide other paid legal services.

Article 52 A supervisor who commits one of the following acts shall be dealt with according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

Corruption and bribery;

(2) Failing to perform or improperly performing the supervisory duties, failing to find the problems that should be found, or failing to report or dispose of the problems found, thus causing adverse effects;

(three) without approval, authorization to dispose of clues, found that major cases are not reported, or privately retained and handled the materials involved;

(4) interfering in the investigation by taking advantage of the influence of authority or position to seek personal gain by taking advantage of the case;

(5) Stealing or disclosing information about investigation work, or disclosing information about reporting matters, reporting acceptance and informants;

(6) Concealing, forging, tampering with or intentionally destroying evidence and case materials;

(7) extorting confessions by torture or insulting, beating, abusing, corporal punishment or corporal punishment in disguised form against the person under investigation or the person involved;

(eight) in violation of the provisions to take investigation measures or dispose of the property involved;

(nine) in violation of the provisions on the handling of safety accidents, or after the occurrence of safety accidents, concealment, false reporting and improper disposal;

(10) Other illegal and criminal acts of duty.

If the supervisor has other violations of discipline and law, which affects the image of the supervisor team and harms the interests of the country and the people, the corresponding responsibilities shall be investigated according to law.

Article 53 If an inspector is suspected of violating discipline and law, has been put on file for examination, investigation and investigation, and is unfit to continue to perform his duties, he shall suspend his duties in accordance with the management authority and prescribed procedures.

Article 54 The accountability system shall be implemented. If the supervisor abuses his power or neglects his duty and causes serious consequences, lifelong accountability or accountability shall be implemented.

If a supervisor is suspected of serious duty violation, duty crime or serious mistake in handling a case, the responsible member and the person directly responsible shall be investigated for responsibility.

Chapter VIII Occupational Security of Supervisors

Article 55 Except for the following circumstances, the supervisor may not be transferred:

(a) according to the provisions of the need to avoid the post;

(two) according to the provisions of the exchange of posts;

(3) The work needs to be adjusted due to the adjustment of organization and establishment;

(four) due to violation of discipline and law, it is not suitable to continue to engage in supervision work;

(5) Other circumstances stipulated by law.

Article 56 No unit or individual may require supervisors to engage in matters beyond the scope of statutory duties.

The Ombudsman has the right to refuse any act that hinders him from performing his duties according to law, and make a comprehensive and true record and report; If there are violations of discipline and law, the relevant authorities should investigate the responsibility of the relevant personnel according to the seriousness of the case.

Article 57 The professional dignity and personal safety of supervisors are protected by law.

No unit or individual may retaliate against supervisors and their close relatives.

Those who retaliate, frame up, insult, slander, violence, threat, harassment and other illegal and criminal acts against supervisors and their close relatives shall be severely punished according to law.

Article 58 If a supervisor is falsely accused, framed, insulted or slandered in performing his duties according to law, and his reputation is damaged, the supervisory organ shall, jointly with the relevant departments, promptly clarify the facts, eliminate the adverse effects, and investigate the responsibilities of the relevant units or individuals according to law.

Article 59 If supervisors and their close relatives face personal safety risks due to performing their duties according to law, supervisory organs and public security organs shall take necessary protective measures for supervisors and their close relatives, such as personal protection and prohibiting contact with specific personnel.

Article 60 The supervisor shall implement the salary system stipulated by the state and enjoy the post allowance of the supervisor and other allowances, subsidies, bonuses, insurance and welfare benefits. The salary and grade allowance system of supervisors shall be formulated separately by the state.

Article 61 A supervisor who is disabled on duty shall enjoy the disability treatment prescribed by the state. If an inspector dies in the line of duty or dies, his relatives shall enjoy the pension and preferential treatment prescribed by the state.

Article 62 After retirement, the supervisor shall enjoy the pension and other benefits stipulated by the state.

Article 63 The Ombudsman has the right to complain about the violation of the rights of the Ombudsman by state organs and their staff.

The organ that accepts the complaint shall investigate and handle it according to law, and inform me of the investigation and handling results in time.

Article 64 If a supervisor refuses to accept the administrative punishment, disciplinary action and personnel handling involving himself, he may apply for reexamination, reexamination and appeal in accordance with the prescribed procedures.

Sixty-fifth mistakes in administrative sanctions, punishments or personnel handling of supervisory personnel shall be corrected in time; If the reputation is damaged, it shall be restored, the influence shall be eliminated and an apology shall be made; If economic losses are caused, compensation shall be made. The persons who are directly responsible for taking revenge shall be investigated for their responsibilities according to law.

Chapter IX Supplementary Provisions

Article 66 Where the rights, obligations and management system of supervisors have been stipulated in this Law, the provisions of this Law shall apply. Where there are no provisions in this Law, the Civil Service Law of People's Republic of China (PRC) and other laws and regulations shall apply.

Article 67 The system of non-commissioned officers in the China People's Liberation Army and the Chinese People's Armed Police Force shall be implemented in accordance with the relevant provisions of the state and the army.

Article 68 This Law shall come into force as of June 65438+1 October1day, 2022.