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1. The Government Sanctions Law is the first national law in mainland China to comprehensively regulate the disciplinary system for public employees. Transform the content related to public employees in the Party's discipline requirements into legal obligations for public employees, realize the convergence of Party discipline and law, give play to the synergistic role of Party discipline and law, and promote the comprehensive and strict governance of the Party. 2. Uniformly set up legally-prescribed grounds and applicable rules for sanctions. Previously, the "Regulations on the Punishment of Civil Servants of Administrative Organs" and the "Interim Provisions on the Punishment of Staff of Public Institutions" were respectively applied to governmental sanctions based on the identity of the subject of supervision. 3. Governmental sanctions and sanctions are to be carried out in parallel, and it is clarified that the organs and units for appointment and removal may apply the relevant provisions of this law to make sanctions. Punishments made by supervision organs are called governmental sanctions, and punishments made by appointment and removal organs or units are called sanctions (relevant provisions apply to procedures, review and appeals), and "one punishment is not two". 4. Realize that there is a law to follow for governmental sanctions against state-owned enterprise managers, village cadres, and hired personnel. The Supervision Law includes all public employees exercising public power in the scope of supervision, achieving full coverage of supervision, but before the promulgation of this Law, there was no substantive legal basis for governmental sanctions against the above-mentioned personnel. 5. Clarify the principle of retroactivity from the old and light. In principle, this Law does not apply to acts that occurred before July 1, 2020. For example, for illegal acts committed by non-Party village cadres before July 1, 2020 (except for those that are continued), this law cannot be applied to give governmental sanctions, but should be handled by applying the "Several Provisions on the Honest Performance of Duties by Rural Grassroots Cadres (Trial)". 6. Realize the separation of discipline and law, the convergence of discipline and law, and the convergence of law and law. It is different from party discipline and is synergistic, and it is connected with laws such as criminal law, administrative law, and the organic law of villagers' committees.
The "Government Sanctions Law" is interpreted article by article
People's Republic of China
Law on Governmental Sanctions for Public Officials
(Adopted at the 19th Session of the Standing Committee of the 13th National People's Congress on June 20, 2020, to take effect on July 1, 2020)
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Chapter I: General Provisions
Chapter II: Types and Application of Governmental Sanctions
Chapter III: Illegal conduct and their applicable governmental sanctions
Chapter IV: Procedures for Governmental Sanctions
Chapter V: Review and Review
Chapter VI: Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I: General Provisions
Article 1: [Legislative Purpose and Basis]This Law is drafted on the basis of the "Supervision Law of the People's Republic of China", so as to regulate governmental sanctions, strengthen oversight of all public employees exercising public power, and promote public employees to perform their duties in accordance with law, use their power impartially, engage in government work honestly, and uphold ethical conduct.
Article 2: [Concurrent Governmental Sanctions and Sanctions] This law applies to the activities of the Supervision Organs in giving governmental sanctions to public employees who violate the law.
Chapters 2 and 3 of this Law apply to the appointment and removal of public employees, and the organs and units are to give sanctions to public employees who violate the law. Other laws, administrative regulations, departmental rules of the State Council, and relevant state provisions shall apply to the procedures for sanctions, appeals, and so forth.
"Public employees" as used in this Law refers to the personnel provided for in article 15 of the "Supervision Law of the People's Republic of China".
[The Supervision Organs are to supervise the following public employees and relevant personnel:
(1) Civil servants, as well as personnel managed with reference to the Civil Servants Law;
(2) Personnel engaged in public affairs in organizations authorized by laws or regulations or entrusted by state organs to manage public affairs in accordance with law;
(3) Managers of state-owned enterprises;
(4) Personnel engaged in management in public education, scientific research, culture, medical and health, sports, and other such units;
(5) Personnel engaged in management in basic-level mass autonomous organizations;
(6) Other persons performing public duties in accordance with law. ]
Article 3: [Sanction Entities and Duties]In accordance with the scope of their management authority, the Supervision Organs shall strengthen oversight of public employees, and lawfully give governmental sanctions to public employees who violate the law.
Organs and units for the appointment and removal of public employees shall, in accordance with their management authority, strengthen education, management, and oversight of public employees, and give sanctions to public employees who violate the law in accordance with law.
Where the Supervision Organs discover that the organ or unit for the appointment or removal of public employees should have given a sanction but did not give it, or that the sanction given was illegal or improper, they shall promptly submit a supervision recommendation.
Article 4: [Basic Principles of Sanctions]Governmental sanctions for public employees are to be given in accordance with the principle of the Party managing cadres and to be decided through collective discussion; persist in equality before the law, with the facts as the basis and the law as the measure, and the governmental sanctions given are commensurate with the nature, circumstances, and degree of harm of the illegal conduct; persist in combining punishment with education, and blend leniency with severity.
Article 5: [Sanctions Work Guidelines]The granting of governmental sanctions to public employees shall have clear facts, conclusive evidence, accurate characterization, appropriate handling, lawful procedures, and complete formalities.
Article 6: [Legally-prescribed Reasons and Procedures for Sanctions]Public employees lawfully performing their duties are protected by law, and are not subject to governmental sanctions unless they are due to legally-prescribed reasons or through legally-prescribed procedures.
Chapter II: Types and Application of Governmental Sanctions
Article 7: [Types of Sanctions]The types of governmental sanctions are:
(1) Warnings;
(2) Demerits;
(3) Recording a major demerit;
(4) De-escalation;
(5) Removal from office;
(6) Expulsion.
Article 8: [Period of Sanctions]The period for governmental sanctions is:
(1) Warning, six months;
(2) Demerits, 12 months;
(3) Recording a major demerit for 18 months;
(4) Demotion or dismissal, 24 months.
Governmental sanction decisions take effect on the date they are made, and the period for governmental sanctions is calculated from the date on which the governmental sanction decision takes effect.
Article 9: [Handling of Joint Violations]Where two or more public employees jointly violate the law, governmental sanctions are to be given separately on the basis of their respective roles in the illegal conduct and the legal responsibility they should bear.
Article 10: [Handling of Collective Violations]Where relevant organs, units, or organizations collectively make decisions that violate the law or carry out illegal conduct, public employees among the responsible leaders and directly responsible personnel are to be given governmental sanctions in accordance with law.
Article 11: [Mitigating Circumstances]In any of the following circumstances, public employees may be given a mitigated or commuted governmental sanction:
(1) Voluntarily confessing their illegal conduct that should be subject to governmental sanctions;
(2) Cooperate with the investigation and truthfully explain the facts of their own violations;
(3) Reporting violations of discipline or law by others, which is verified to be true upon investigation;
(4) Proactively employing measures to effectively avoid or recover losses or eliminate negative impacts;
(5) Playing a secondary or auxiliary role in the joint illegal conduct;
(6) Voluntarily handing over or making restitution of unlawful gains;
(7) Other mitigating or mitigating circumstances provided for by laws and regulations.
Article 12: [Exemption or Non-Sanctions]Where the circumstances of public employees' illegal conduct are minor and they have any of the circumstances provided for in article 11 of this Law, they may be reminded by talking, criticizing and educating, ordering inspections, or admonished, and are to be waived or not given governmental sanctions.
Where public employees are coerced or coerced into participating in illegal activities because they do not know the truth, and truly show repentance after criticism and education, governmental sanctions may be commuted, waived, or not given.
Article 13: [Circumstances for Aggravating Sanctions]In any of the following circumstances, public employees shall be given heavier governmental sanctions:
(1) Intentionally violating the law again during the period of governmental sanctions, and shall receive governmental sanctions;
(2) Preventing others from making reports or providing evidence;
(3) Collusion of confessions or fabrication, concealment, or destruction of evidence;
(4) Harboring persons in the same case;
(5) Coercing or instigating others to commit illegal acts;
(6) Refusal to hand over or return unlawful gains;
(7) Other aggravating circumstances provided for by laws and regulations.
Article 14: [Sanctions for Crimes by Public Employees]In any of the following circumstances, public employees who commit crimes are to be dismissed:
(1) Those who have been sentenced to controlled release, short-term detention, or fixed-term imprisonment or higher (including a suspended sentence) for intentional crimes;
(2) Those who have been sentenced to fixed-term imprisonment for crimes of negligence and have a term of imprisonment of more than three years;
(3) Being deprived of political rights alone or concurrently for committing a crime.
Those who are sentenced to controlled release, short-term detention, or up to three years imprisonment for crimes of negligence shall generally be dismissed;
Where public employees are fined for committing a crime, or where the circumstances of the crime are minor, and the people's procuratorate makes a decision not to prosecute in accordance with law, or the people's court waives criminal punishment in accordance with law, they are to be removed from their posts;
Article 15: [Combined Handling of Multiple Illegal Conduct] Where public employees have two or more illegal acts, governmental sanctions shall be separately determined. Where two or more governmental sanctions shall be given, the heaviest of them is to be enforced; where multiple identical governmental sanctions shall be given or less than removal from office, the period of governmental sanctions may be determined for a period of more than one governmental sanction and less than the sum of the multiple governmental sanction periods, but the maximum must not exceed 48 months.
Article 16: [Principle of No Ditwo Punishment]Supervision organs and organs and units for the appointment and removal of public employees must not repeatedly give governmental sanctions or sanctions to public employees for the same illegal conduct.
Article 17: [Relationship between Governmental Sanctions and Organizational Disposition]Where public employees have illegal conduct, and the relevant organs give organizational disposition in accordance with provisions, the Supervision Organs may concurrently give governmental sanctions.
Article 18: [Adjustment of Leadership Positions and Governmental Sanctions]Where public employees holding leadership positions have illegal conduct and are recalled, revoked, removed, or resigned from leadership positions, the Supervision Organs may concurrently give governmental sanctions.
Article 19: [Consequences of Sanctions for Civil Servants]Civil servants and personnel managed with reference to the "Civil Servants Law of the People's Republic of China" must not be promoted to their positions, ranks, ranks, or levels during the period of governmental sanctions; Those who have been removed from their posts are to be reduced in their positions, ranks, ranks, and levels in accordance with regulations, and their salaries and benefits are to be reduced at the same time.
Article 20: [Consequences of Sanctions for Public Personnel]Personnel engaged in public affairs in organizations authorized by laws or regulations or entrusted by state organs to manage public affairs in accordance with law, as well as personnel engaged in management in public education, scientific research, culture, medical and health, sports, and other such units, must not be promoted to their positions, posts, staff grades, or professional titles during the period of governmental sanctions; Those who are removed from their posts shall be reduced in their positions, positions, or staff levels, and their salaries and benefits shall be reduced at the same time.
Article 21: [Consequences of Sanctions for State-Owned Enterprise Managers]During the period of governmental sanctions, managers of state-owned enterprises must not be promoted to their positions, post grades, or professional titles; Those who are removed from their posts are to be reduced in their position or post level, and their remuneration and benefits are to be reduced at the same time.
Article 22: [Consequences of Sanctions for Managers of Basic Level Autonomous Organizations]Where personnel engaged in management in basic level mass autonomous organizations have illegal conduct, the Supervision Organs may give warnings, demerits, or major demerits.
Where personnel engaged in management in basic-level mass autonomous organizations receive governmental sanctions, the county-level or township people's governments shall reduce or withhold subsidies or bonuses on the basis of specific circumstances.
Article 23: [Consequences of Sanctions for Other Public Employees]Where the persons provided for in item 6 of article 15 of the "Supervision Law of the People's Republic of China" have illegal conduct, the Supervision Organs may give warnings, demerits, or major demerits. and where the circumstances are serious, the unit to which they belong is to directly give it or the Supervision Organs recommend that the relevant organs or units give a reduction in remuneration and benefits, transfer from a post, or terminate personnel or labor relations.
Where the personnel provided for in item 2 of article 15 of the "Supervision Law of the People's Republic of China" do not serve as civil servants, personnel managed with reference to the "Civil Servants Law of the People's Republic of China", staff of public institutions, or personnel of state-owned enterprises, their illegal conduct is to be dealt with in accordance with the provisions of the preceding paragraph.
Article 24: [Restrictions on the Appointment of Dismissed Public Employees]Where public employees are dismissed or are subject to dissolution of personnel or labor relations in accordance with article 23 of this Law, they must not be hired as civil servants or personnel managed with reference to the "Civil Servants Law of the People's Republic of China".
Article 25: [Handling of Unlawful Gains]Assets illegally obtained by public employees and their own property used in illegal conduct are to be confiscated, recovered, or ordered to be made by other organs in accordance with law, except where they shall be confiscated, recovered, or ordered to be made by other organs in accordance with law;
The Supervision Organs shall recommend that the relevant organs, units, and organizations make corrections in accordance with provisions for positions, ranks, titles, ranks, positions, staff levels, titles, benefits, qualifications, academic qualifications, degrees, honors, awards, and other benefits obtained by public employees as a result of illegal conduct.
Article 26: [Automatic Removal of Governmental Sanctions]Where public employees are dismissed, their personnel or labor relationship with the organ or unit to which they belong shall be terminated from the date on which the governmental sanction decision takes effect.
Where public employees receive governmental sanctions other than dismissal, and show repentance and reformation during the period of governmental sanctions, and there is no further occurrence of illegal conduct that should be given governmental sanctions, the governmental sanctions are to be automatically lifted after the completion of the governmental sanctions, and promotions, ranks, ranks, levels, positions, and staff levels, titles, and salaries and benefits are no longer affected by the original governmental sanctions. However, if the demotion or dismissal is lifted, the original position, rank, rank, rank, position, staff level, title, and remuneration are not to be restored.
Article 27: [Handling of Violations by Retired or Retired Personnel]Where retired public employees have violated the law before or after retirement, they are no longer to be given governmental sanctions, but a case may be opened for investigation;
Where public employees who have already left their posts or have died have illegal conduct during the performance of their duties, it is to be handled in accordance with the provisions of the preceding paragraph.
Chapter III: Illegal conduct and their applicable governmental sanctions
Article 28: [Violation of Political Requirements] Those who exhibit any of the following conduct are to be given a demerit or a major demerit; where the circumstances are more serious, they are to be demoted or removed; and where the circumstances are serious, they are to be dismissed:
(1) Disseminating remarks that are detrimental to the authority of the Constitution, the leadership of the Communist Party of China, or the reputation of the state;
(2) Participating in gatherings, processions, demonstrations, or other activities aimed at opposing the Constitution, the leadership of the Communist Party of China, and the state;
(3) Refusal to implement or covertly failure to implement the line, principles, policies, or major decisions and deployments of the Communist Party of China and the state;
(4) Participating in illegal organizations or activities;
(5) Provoking or undermining ethnic relations, or participating in ethnic separatist activities;
(6) Using religious activities to undermine ethnic unity and social stability;
(7) Harming the honor and interests of the state in foreign exchanges.
Where there is any of the conduct in items (2), (4), (5), or (6) of the preceding paragraph, the masterminds, organizers, and core elements are to be dismissed.
Those who openly publish articles, speeches, declarations, statements, and so forth that oppose the national guiding ideology established by the Constitution, oppose the leadership of the Communist Party of China, oppose the socialist system, and oppose reform and opening up, are to be expelled.
Article 29: [Violation of Organizational Requirements] Those who do not follow provisions to request instructions or report major matters, and the circumstances are more serious, are to be given warnings, demerits, or major demerits;
Where provisions on reporting relevant personal matters are violated by concealing or not reporting, and the circumstances are more serious, warnings, demerits, or major demerits are to be given.
Those who tamper with or falsify their own archives and materials are to be given a demerit or a major demerit; if the circumstances are serious, they are to be demoted or removed from their posts.
Article 30: [Violation of Organizational Procedures]Those who exhibit any of the following conduct are to be given warnings, demerits, or major demerits, and where the circumstances are serious, they are to be demoted or removed:
(1) Violating the principle of democratic centralism by making decisions on major matters by individuals or a small number of people, or refusing to implement or changing major decisions made by the collective without authorization;
(2) Refusal to enforce or covert failure to enforce or delay enforcement of decisions or orders made by superiors in accordance with law.
Article 31: [Leaving the Country or Obtaining Foreign Nationality in Violation of Regulations] Those who leave the country in violation of regulations or apply for exit documents for private purposes shall be given a demerit or a major demerit; if the circumstances are serious, they shall be demoted or removed from their posts.
Those who obtain foreign nationality or obtain foreign permanent residence qualifications or long-term residence permits in violation of provisions are to be removed from office or dismissed.
Article 32: [Illegal Conduct in Cadre Personnel, Job Evaluation, Reporting, Accusations, and Elections] Those who exhibit any of the following conduct are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed; and where the circumstances are serious, they are to be dismissed:
(1) Violating relevant provisions in cadre personnel work such as selection, appointment, hiring, hiring, evaluation, promotion, and selection;
(2) Fraudulently obtaining positions, ranks, titles, ranks, levels, positions, and staff levels, titles, benefits, qualifications, academic qualifications, degrees, honors, awards, or other benefits;
(3) Suppressing or retaliating against lawful exercise of rights such as criticism, appeals, accusations, or reports;
(4) Falsely accusing and framing, with the intent to cause others to suffer a negative impact such as damage to reputation or pursuit of responsibility;
(5) Using violence, threats, bribery, deception, or other means to undermine elections.
Article 33: [Violation of Integrity Requirements] Those who commit any of the following conduct are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed; and where the circumstances are serious, they are to be dismissed:
(1) Corruption or bribery;
(2) Exploiting authority or the influence of one's position to seek personal gain for oneself or others;
(3) Conniving at or acquiescing in the use of their authority or the influence of their position by persons with specific relationships to seek personal gain.
Those who refuse to follow provisions to correct the illegal positions, part-time jobs, or business activities of persons with specific relationships, and do not obey the adjustment of positions, are to be removed.
Article 34: [Accepting or Giving Gifts in Violation of Regulations] Those who accept gifts, cash gifts, negotiable securities, or other property that might affect the fair exercise of public power are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed from office; and where the circumstances are serious, they are to be dismissed.
Where public employees and their designated related parties are given gifts, cash gifts, negotiable securities, or other property that might impact the fair exercise of public power, or where arrangements for banquets, travel, fitness, entertainment, or other activities might impact the fair exercise of public power, where the circumstances are more serious, warnings, demerits, or major demerits are to be given;
Article 35: [Illegal Payment of Salaries and Consumption of Public Funds] Those who exhibit any of the following conduct, and the circumstances are more serious, are to be given warnings, demerits, or major demerits;
(1) Violating provisions in setting or issuing salaries, allowances, subsidies, or bonuses;
(2) Violating provisions by exceeding standards or scope in areas such as official receptions, official transportation, conference activities, office space, and other work and life safeguards;
(3) Spending public funds in violation of provisions.
Article 36: [Engaging in For-Profit Activities in Violation of Regulations] Those who engage in or participate in for-profit activities in violation of regulations, or who hold concurrent positions or receive remuneration in violation of regulations, are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed; and where the circumstances are serious, they are to be dismissed.
Article 37: [Exploiting, Conniving, or Harboring Underworld Forces] Those who exploit clans or underworld forces to oppress the masses, or condone or shield the activities of underworld forces, are to be removed from their posts;
Article 38: [Harming the Interests of the Masses] Those who commit any of the following conduct, and the circumstances are more serious, are to be given warnings, demerits, or major demerits;
(1) Violating provisions by collecting or apportioning property from management service recipients;
(2) Deliberately making things difficult or taking cards in management service activities;
(3) Having a vile and rude attitude in management service activities, causing negative consequences or impact;
(4) Failure to disclose work information in accordance with provisions, violating the right to know of management service recipients, causing negative consequences or impact;
(5) Other conduct that infringes upon the interests of the management service recipients, causing negative consequences or impact.
Where there is conduct in items (1), (2), or (5) of the preceding paragraph, and the circumstances are especially serious, they are to be dismissed.
Article 39: [Violation of Work Requirements] Those who exhibit any of the following conduct, causing negative consequences or impact, are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed; and where the circumstances are serious, they are to be dismissed:
(1) Abusing authority, endangering the national interest or the societal public interest, or infringing upon the lawful rights and interests of citizens, legal persons, or other organizations;
(2) Failure to perform or incorrect performance of duties, dereliction of duty, or delay work;
(3) Formalistic or bureaucratic conduct in work;
(4) Engaging in deception, misleading, or deception in the course of work;
(5) Divulging state secrets or work secrets, or leaking commercial secrets or personal privacy learned as a result of performing duties.
Article 40: [Violation of Moral Requirements for Public Employees]Those who exhibit any of the following conduct are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed; and where the circumstances are serious, they are to be dismissed:
(1) Violating public order and good customs, engaging in inappropriate conduct in a public place, causing a negative impact;
(2) Participating in or supporting superstitious activities, causing a negative impact;
(3) Participating in gambling;
(4) Refusal to bear the obligation to support, raise, or support;
(5) Committing domestic violence, abusing or abandoning family members;
(6) Other conduct that seriously violates family virtues or social mores.
Those who ingest or inject drugs, organize gambling, or organize, support, or participate in prostitution, soliciting prostitution, or pornographic and promiscuous activities are to be removed from office or dismissed.
Article 41: [Other Illegal Conduct]Where public employees have other illegal conduct, impacting the image of public employees and harming the interests of the state and the people, they may be given corresponding governmental sanctions based on the severity of the circumstances.
Chapter IV: Procedures for Governmental Sanctions
Article 42: [Requirements for Investigation Work]Supervision organs conducting investigations of public employees suspected of violating the law shall be conducted by two or more staff. When the Supervision Organs conduct an investigation, they have the right to learn about the situation from relevant units and individuals in accordance with law, and to collect and collect evidence. Relevant units and individuals shall truthfully provide information.
It is strictly forbidden to use threats, inducements, deception, or other illegal methods to collect evidence. Evidence gathered by illegal means must not be the basis for giving governmental sanctions.
Article 43: [Rights of the Person Being Investigated to Make a Statement and Defense]Before making a decision on governmental sanctions, the Supervision Organs shall inform the person being investigated of the facts of the violation identified by the investigation and the basis for the proposed governmental sanction, hear the statements and defenses of the person being investigated, and verify the facts, reasons, and evidence they have stated, and record them in the case file. Where the facts, reasons, and evidence submitted by the person being investigated are sustained, they shall be accepted. Governmental sanctions must not be increased because of the person being investigated's defense.
Article 44: [Four Methods of Supervision and Disposition After the Investigation Concludes]After the investigation is concluded, the Supervision Organs shall make separate dispositions based on the following different circumstances:
(1) Where there is truly illegal conduct that should be subject to governmental sanctions, a governmental sanction decision is to be made on the basis of the severity of the circumstances, in accordance with the scope of authority for governmental sanction decisions, and after performing the prescribed approval formalities;
(2) Where the facts of the violation cannot be established, the case is withdrawn;
(3) Where the requirements for waiver or non-governmental sanction are met, a decision to waive or not grant governmental sanction is to be made;
(4) Where the person being investigated is suspected of other illegal or criminal conduct, it shall be transferred to the competent organs for handling in accordance with law.
Article 45: [Drafting of Sanction Decision Documents]Where a decision is made to give governmental sanctions, a written decision on governmental sanctions shall be drafted.
The governmental sanction decision shall indicate the following matters:
(1) The name, work unit, and position of the person being sanctioned;
(2) Facts and evidence of the violation;
(3) The type and basis of governmental sanctions;
(4) The channels and time limits for applying for a review or review if they are not satisfied with a governmental sanction decision;
(5) The name and date of the organ that made the governmental sanction decision.
The written governmental sanction decision shall bear the seal of the supervision organ that made the decision.
Article 46: [Service and Announcement of Sanction Decisions] Governmental sanction decision documents shall be promptly delivered to the organ or unit to which the sanctioned person belongs, and announced within a certain scope.
After a governmental sanction decision is made, the Supervision Organs shall inform the relevant organs or units in writing based on the specific identity of the person being sanctioned.
Article 47: [Recusal of Persons for Supervision, Investigation, and Handling]In any of the following circumstances, personnel participating in the investigation or handling of cases of violations by public employees shall recuse themselves, and the person being investigated, the informant, and other relevant persons also have the right to request their recusal:
(1) They are close relatives of the person being investigated or the informant;
(2) Served as a witness in the case;
(3) They or their close relatives have an interest in the case being investigated;
(4) Other circumstances that might impact the fair investigation or handling of the case.
Article 48: [Authority for Decisions on Supervision Recusal]The recusal of the responsible person for the Supervision Organ is to be decided by the Supervision Organ at the level above, and the recusal of other personnel participating in the investigation or handling of illegal cases is to be decided by the responsible person for the Supervision Organ.
Where the Supervision Organs or higher-level Supervision Organs discover that persons participating in the investigation or handling of illegal cases have circumstances that shall be recused, they may directly decide on the recusal of that personnel.
Article 49: [Procedures for Sanctions for Violations and Crimes]Where public employees are pursued for criminal responsibility in accordance with law, the Supervision Organs shall give governmental sanctions in accordance with the provisions of this Law on the basis of the judicial organs' effective judgments, rulings, and decisions, as well as the facts and circumstances they have identified.
Where public employees receive administrative punishments in accordance with law and shall be given governmental sanctions, the Supervision Organs may give governmental sanctions in accordance with this law on the basis of the facts and circumstances identified in the administrative punishment decision, and after filing a case for investigation and verification.
Where, after the Supervision Organs make governmental sanctions on the basis of the provisions of paragraphs 1 and 2 of this article, the judicial organs or administrative organs lawfully modify the original effective judgment, ruling, decision, and so forth, and have an impact on the original governmental sanction decision, the Supervision Organs shall make a new disposition on the basis of the changed judgment, ruling, decision, and so forth.
Article 50: [Procedures for Heavy Sanctions for Personnel Appointed by People's Congresses and Political Consultative Conference]Where Supervision Organs remove or dismiss public employees who have been elected or appointed by the standing committees of people's congresses at the county level or above, they shall first recall, revoke, or remove them from their positions in accordance with law, and then make a governmental sanction decision in accordance with law.
Where Supervision Organs remove or dismiss public employees who have been elected or appointed by decision of the plenary sessions of committees at all levels of the Chinese People's Political Consultative Conference or their standing committees, they shall first remove them from their posts in accordance with their charters, and then make a decision on governmental sanctions in accordance with law.
Where supervision organs give governmental sanctions to deputies to people's congresses at all levels or members of committees at all levels of the Chinese People's Political Consultative Conference, they shall report to the relevant standing committees of people's congresses, the presidiums of people's congresses of townships, ethnic townships, or towns, or the standing committees of the Chinese People's Political Consultative Conference committees.
Article 51: [Attribution of Governmental Sanction Authority in Cases with Designation of Jurisdiction]In cases where a lower-level Supervision Organ conducts an investigation on the basis of a higher-level Supervision Organ's decision to designate jurisdiction, after the investigation is concluded, the Supervision Organ with management authority shall hand over the Supervision Organ with management authority to make a governmental sanction decision in accordance with law for the Supervision Targets that are not within the jurisdiction of that Supervision Organ.
Article 52: [Impact of Suspensions and Filing of Government Affairs Cases]Where public employees are suspected of violating the law and have already opened a case for investigation, and it is not appropriate to continue to perform their duties, the organs or units for the appointment and removal of public employees may decide to suspend them from performing their duties.
During the period when a case is filed and investigated, public employees must not leave the country or resign from public office without the consent of the supervision organs;
Article 53: [Clarification and Correction of Names]Where in the course of investigation, the Supervision Organs discover that public employees have been falsely reported, accused, or falsely accused and framed, causing a negative impact, they shall promptly clarify the facts, restore their reputation, and eliminate the negative impact in accordance with provisions.
Article 54: [Filing and Enforcement of Sanctions]Where public employees receive governmental sanctions, the written decision on governmental sanctions shall be stored in their own files. For those who receive a governmental sanction of demotion or higher, the personnel department shall, in accordance with their management authority, handle formalities for changing positions, salaries, and other relevant benefits within one month of making the governmental sanction decision;
Chapter V: Review and Review
Article 55: [Application for Review or Review]Where public employees are dissatisfied with a governmental sanction decision made by the Supervision Organ involving themselves, they may apply for a review to the Supervision Organ that made the decision in accordance with law;
Where the Supervision Organs discover that a governmental sanction decision made by that organ or a lower-level Supervision Organ is truly in error, they shall promptly make corrections or order the lower-level Supervision Organ to promptly make corrections.
Article 56: [No Aggravation of Sanctions in Review and Review]During the period of review and review, the enforcement of the original governmental sanction decision is not stopped.
Public employees are not to receive aggravated governmental sanctions for submitting a review or review.
Article 57: [Revocation of Original Sanctions] In any of the following circumstances, the review or review organs shall revoke the original governmental sanction decision, make a new decision, or order the Supervision Organ that originally made the decision to make a new decision:
(1) The facts of the violation on which the governmental sanction is based are unclear or the evidence is insufficient;
(2) Violating legally-prescribed procedures, impacting the fair handling of the case;
(3) Exceeding authority or abusing authority to make a governmental sanction decision.
Article 58: [Modification of Original Disposition]In any of the following circumstances, the review or review organ shall modify the original governmental sanction decision, or order the Supervision Organ that originally made the decision to modify it:
(1) There is truly an error in the application of laws or regulations;
(2) There is truly an error in the determination of the circumstances of the illegal conduct;
(3) Improper governmental sanctions.
Article 59: [Preservation of Original Sanctions] Where the review or review organs find that the facts ascertained in the governmental sanction decision are clear and the law is correctly applied, they shall uphold it.
Article 60: [Handling after sanctions are revoked or modified]Where a public employee's governmental sanction decision is modified, and it is necessary to adjust the public employee's position, rank, rank, level, position, staff level, or salary and benefits, it shall be adjusted in accordance with provisions. Where a governmental sanction decision is revoked, the public employee's level, salary, and benefits shall be restored, and the corresponding position, rank, rank, post, and staff level shall be arranged in accordance with the original position, rank, rank, post, and staff level, and their reputation shall be restored within the scope of the original governmental sanction decision. Where property is confiscated or recovered in error, it shall be returned and compensated in accordance with law.
Where public employees have governmental sanctions revoked or commuted due to the circumstances provided for in articles 57 and 58 of this Law, they shall be compensated for the losses they suffer in their remuneration and benefits.
Chapter VI: Legal Responsibility
Article 61: [Handling of Refusal to Adopt Supervision Recommendations] Where relevant organs or units refuse to adopt supervision recommendations without a legitimate reason, the organ or competent department at the level above is to order corrections, circulate criticism to that organ or unit, and give sanctions to responsible leaders and directly responsible personnel in accordance with law.
Article 62: [Handling of Sanctions for Obstruction or Interference] In any of the following circumstances, the organ at the level above, the competent department, the organ for appointment or removal, or the Supervision Organ is to order corrections and give sanctions in accordance with law:
(1) Refusal to enforce a governmental sanction decision;
(2) Refusing to cooperate or obstructing the investigation;
(3) Retaliating against informants, witnesses, or investigators;
(4) Falsely accusing or framing public employees;
(5) Other situations violating the provisions of this Law.
Article 63: [Handling of Supervision Personnel's Illegal Performance of Duties] In any of the following circumstances, the responsible leaders and directly responsible personnel are to be dealt with in accordance with law:
(1) Disposing of leads on issues in violation of provisions;
(2) Stealing or leaking information on investigative work, or leaking information on the matters to be reported, the circumstances of the acceptance of the report, or the informant's information;
(3) Extorting or inducing confessions from persons being investigated or persons involved in the case, or insulting, beating, scolding, abusing or inflicting corporal punishment or covert corporal punishment;
(4) Accepting property or other benefits from the person being investigated or persons involved in the case;
(5) Disposing of assets involved in the case in violation of provisions;
(6) Employing investigative measures in violation of provisions;
(7) Exploiting authority or the influence of one's position to interfere with investigation work or using cases for personal gain;
(8) Violating provisions to cause a case-handling security incident, or concealing or failing to report a security incident, making an untruthful report, or improperly disposing of a security incident;
(9) Violating procedural provisions such as recusal, causing a negative impact;
(10) Failure to accept and handle public employees' reviews or reviews in accordance with law;
(11) Other conduct abusing authority, dereliction of duty, or twisting the law for personal gain.
Article 64: [Pursuit of Criminal Responsibility for Constituting a Crime]Where the provisions of this Law are violated and a crime is constituted, criminal responsibility is pursued in accordance with law.
Chapter VII Supplementary Provisions
Article 65: [Authorized Legislation]On the basis of the principles and spirit of this Law, and in consideration of the actual conditions of public institutions, state-owned enterprises, and so forth, the State Council and its relevant competent departments are to make specific provisions on matters concerning the punishment of public employees of public institutions and state-owned enterprises that violate the law.
Article 66: [Authorizing the Central Military Commission to Formulate Specific Provisions on Sanctions] The Central Military Commission may formulate relevant specific provisions on the basis of this Law.
Article 67: [Retroactivity]Before the implementation of this Law, if a case that has already been concluded needs to be reviewed or reviewed, the provisions at that time apply. In cases where the case has not yet been concluded, if the provisions at the time of the act are not considered to be illegal, the provisions at that time shall apply;
Article 68: [Effective Date]This Law takes effect on July 1, 2020.
Source: Discipline and Wisdom
