Article 11 The board of supervisors referred to in the second paragraph of Article 11 shall perform the duties of supervision, investigation and handling in accordance with this Law and relevant laws:
(two) to investigate the duty crimes suspected of corruption and bribery, abuse of power, dereliction of duty, rent-seeking, interest transfer, favoritism and waste of state-owned assets;
2 "Regulations on the Implementation of People's Republic of China (PRC) Supervision Law" (implemented on September 20th, 2002/KLOC-0)
Twenty-fifth supervisory organs shall investigate the duty crimes stipulated in the second paragraph of Article 11 of the Supervision Law.
Article 26 The supervisory organ shall investigate suspected corruption and bribery crimes according to law, including embezzlement, misappropriation of public funds, bribery, bribery by units, bribery by influential people, bribery by units, bribery by introductions, bribery by units, unidentified sources of huge amounts of property, concealment of overseas deposits, private division of state-owned assets, private division of property, and corruption by public officials exercising their will to exercise public power. Crime of misappropriating funds, crime of bribing foreign public officials and officials of international organizations, crime of bribing non-state staff and related crimes of bribing non-state staff.
Article 27 The supervisory organ shall investigate the crimes of public officials suspected of abusing their powers according to law, including crimes of abusing their powers, crimes of abusing their powers by personnel of state-owned companies, enterprises and institutions, crimes of abusing their powers by managing companies and securities, crimes of dereliction of duty in food and drug supervision, crimes of intentionally revealing state secrets, crimes of retaliation and framing, crimes of obstructing the rescue of crime of trafficking in women and children, crimes of helping criminals escape punishment, and crimes of illegally issuing forest cutting licenses. Handling the crimes of stealing entry and exit certificates of people crossing the country (border), releasing people crossing the country (border), misappropriating specific funds and materials, illegally depriving citizens of their freedom of religious belief, infringing on the customs and habits of ethnic minorities, taking revenge on accountants and statisticians, illegally detaining public officials other than judicial staff, abusing prisoners, and illegally searching.
Article 28 Supervisory organs shall investigate public officials' suspected dereliction of duty according to law, including dereliction of duty, dereliction of duty of state-owned companies, enterprises and institutions, dereliction of duty in signing and performing contracts, dereliction of duty of state organs in signing and performing contracts, dereliction of duty in environmental supervision, dereliction of duty in the prevention and control of infectious diseases, dereliction of duty in commodity inspection, dereliction of duty in animal and plant quarantine, dereliction of duty in rescuing abducted women and children, and negligence in causing damage and loss of precious cultural relics.
Article 29 Supervisory organs shall investigate crimes committed by public officials suspected of engaging in malpractices for personal gain according to law, including selling state-owned assets at a low price, illegally approving expropriation, requisition and occupation of land, illegally transferring the right to use state-owned land at a low price, illegally operating similar businesses, illegally profiting for relatives and friends, bending the law for arbitration, reselling invoices for personal gain, withholding taxes and export tax rebates, engaging in malpractices for personal gain in commodity inspection, engaging in malpractices for personal gain in animal and plant quarantine, and indulging in smuggling. The crime of indulging in manufacturing and selling fake and inferior commodities, the crime of recruiting civil servants and students for personal gain, the crime of not handing over criminal cases for personal gain, the crime of illegally providing export tax refund certificates, and the crime of not collecting or underpaying taxes for personal gain.
Article 30 The supervisory organ shall investigate the major liability accident crimes that occur when public officials exercise public will to power, including major liability accident crimes, major safety accident crimes in educational facilities, fire accident crimes, major labor safety accident crimes, crimes of forcing or organizing others to take risks in violation of regulations, dangerous operation crimes, crimes of failing to report or falsely reporting safety accidents, and crimes of railway operation safety accidents. Major flight accidents, major safety accidents in large-scale mass activities, dangerous goods accidents, and major engineering safety accidents.
Article 31 The supervisory organ shall investigate other crimes involved in the exercise of public power by public officials according to law, including the crime of sabotaging elections, breach of trust to damage the interests of listed companies, the crime of financial personnel buying counterfeit money and converting it into currency, the crime of trading with undisclosed information, the crime of luring investors to buy and sell securities, futures contracts, the crime of using entrusted property in violation of trust, the crime of illegally using funds, the crime of illegally issuing loans, the crime of absorbing customers' funds without recording them, and the crime of illegally issuing financial bills. Crime of illegal bill acceptance, payment and guarantee, crime of illegal transfer and reselling of land use rights, crime of opening, concealing or destroying mails and telegrams without permission, crime of deliberately delaying the delivery of mails, crime of leaking case information that should not be made public, crime of leaking and reporting case information that should not be made public, and crime of picking up unqualified soldiers.
Paragraph 4 of Article 46: When investigating cases in which public officials are suspected of duty crimes, supervisory organs may exercise jurisdiction over non-public officials in bribery crimes, bribery crimes or duty crimes according to law. If a non-public official is suspected of taking advantage of influence to accept bribes, the jurisdiction shall be determined according to the management authority of the public official he uses.
Article 52 Supervisory organs may, when necessary, investigate criminal acts such as illegal detention, extorting confessions by torture, and illegal search committed by judicial personnel by taking advantage of their functions and powers according to law. , infringement of civil rights, damage to judicial justice, promptly notify the people's procuratorate at the same level after filing the case.
When investigating judicial personnel suspected of corruption, bribery and other duty crimes, the supervisory organ may investigate the crimes mentioned in the preceding paragraph together and notify the people's procuratorate at the same level in time. When the people's procuratorate handles a case directly accepted for investigation, it finds that the suspect is also suspected of other duty crimes under the jurisdiction of the supervisory organ, and transfers the whole case to the supervisory organ for investigation according to law through communication.
Article 53 Supervisory organs may investigate the suspected illegal and criminal acts of retired public officials before or after retirement, as well as the suspected illegal and criminal acts of public officials who leave their jobs or die on business.
The personnel specified in the preceding paragraph shall be determined by the supervisory organ in accordance with the provisions on the jurisdiction of their original posts; If it is more appropriate to be under the jurisdiction of other supervisory organs, it may be designated or transferred to other supervisory organs according to law.
Understanding and application
The website of the State Commission for Discipline Inspection of the Central Commission for Discipline Inspection and related websites publicly reported the following contents: The Regulations on the Implementation of the Supervision Law defines the scope of investigation by supervisory organs, respectively stipulates the responsibilities of supervisory organs in investigating illegal crimes, lists the objective behavior types of duty-related violations, and lists the duty crimes under the jurisdiction of supervisory organs 10 1. These charges of 10 1 are not only the list of responsibilities of supervisory organs in investigating duty crimes, but also the bottom line requirements and negative list for public officials, especially leading cadres, to perform their duties. They are institutional cages for the exercise of public power, which are conducive to educating and warning public officials, especially leading cadres, to respect and fear the law and discipline, and to use their rights in a lawful, just and honest manner. From these authoritative channels, we can see that the crimes under the jurisdiction of the supervisory organs are 10 1. In the first edition of this book published in June 20 19, all the 100 crimes under the jurisdiction of the supervisory organ were included in the above crimes. At present, the reason for adding a crime to the implementation regulations of the supervision law is 202 1 year.
According to the Criminal Procedure Law revised in June 20 18, Provisions on Several Issues Concerning the People's Procuratorate's Filing and Investigating Cases of Duty Crimes of Judicial Staff, the procuratorial organs can punish judicial staff for crimes that infringe upon citizens' rights and impair judicial justice by taking advantage of their powers (five of which are the same as those under the jurisdiction of the supervisory committee, namely, crimes of abuse of power, crimes of dereliction of duty, crimes of illegal detention, crimes of maltreatment of the supervised person and crimes of illegal search). Articles 26 to 31 of the Regulations on the Implementation of the Supervision Law list 92 crimes, and Article 52 stipulates: "When necessary, the supervision organ may investigate the criminal acts of illegal detention, extorting confessions by torture, illegal search and so on committed by judicial personnel by taking advantage of their powers according to law. Infringe on civil rights and undermine judicial justice. And notify the people's procuratorate at the same level in time after filing the case ",combined with authoritative reports on 10 1 crimes under the jurisdiction of the supervisory commission, the crimes under the jurisdiction of the supervisory commission include 14 crimes under the jurisdiction of the procuratorate, that is, 92+ 14-5 (that is, there are five crimes under the jurisdiction of both parties) =15.