The responsibilities of the supervisory authority are supervision, investigation and disposal.
(1) Supervision. Supervisory agencies supervise and inspect public officials' performance of their duties in accordance with the law, impartial use of power, honest political practice, and ethical conduct.
(2) Investigation. Supervisory agencies investigate suspected corruption and bribery, abuse of power, dereliction of duty, power rent-seeking, profit transfer, favoritism and waste of state assets and other official violations and crimes.
(3) Disposal. Supervisory organs make decisions on administrative sanctions against public officials who violate the law in accordance with relevant laws; make supervisory suggestions on problems existing in the exercise of powers; hold accountable leaders who fail to perform their duties or neglect their duties; and investigate those suspected of duty-related crimes. As a result, the case was transferred to the procuratorate for public prosecution in accordance with the law.
The dispatched supervisory agencies shall, in accordance with the authorization, supervise the public officials of relevant agencies, organizations and units, and administrative regions in accordance with the law, and make supervision recommendations; in accordance with the management authority, they shall investigate and deal with public officials suspected of violating the law in accordance with the law. , and make decisions on government sanctions.
In fact, the persons who can be monitored by the Supervisory Committee all have special status. At the very least, they are state civil servants. During the period of detention, the personal freedom of the parties is inherently restricted, unlike other ordinary criminal cases. The coercive measure of bail pending trial in the case is completely different. The law only gives the Supervisory Committee the right of lien, but does not give it the right to bail pending trial.
Supervisory agencies do not have the power to approve arrests. Supervisory agencies cannot arrest directly. However, for those suspected of duty-related crimes, they can transfer the investigation results to the People's Procuratorate for review and prosecution in accordance with the law. In our country's judicial system, the arrest approval process is completed by two judicial agencies. Under normal circumstances, it is approved by the procuratorate and executed by the public security agency. The supervisory agency does not have this administrative power.
Our country’s supervisory agencies will severely crack down on whether officials in our country’s administrative agencies are involved in corruption, and will punish those suspected of corruption or violating professional requirements.
Legal Basis
"Regulations on the Implementation of the Supervision Law of the People's Republic of China"
Article 24 Supervisory agencies discover other illegal acts by public officials , if one of the following circumstances occurs, investigation and handling may be carried out in accordance with the law:
(1) The statute of limitations for investigation of administrative violations has exceeded, or the statute of limitations for prosecution of crimes has exceeded and criminal liability has not been investigated, but government sanctions need to be imposed in accordance with the law;
(2) Being held accountable for administrative legal responsibilities and needing to be given administrative sanctions in accordance with the law;
(3) The fact that the supervisory authority committed a crime against the person under investigation when investigating official violations or official crimes It is simple and clear, and other illegal acts that require government sanctions according to law are checked together.
If the supervisory authority discovers that a public employee has committed any illegal act specified in the preceding paragraph before becoming the subject of supervision, the matter shall be handled in accordance with the provisions of the preceding paragraph.
Article 26 Supervisory organs investigate suspected corruption and bribery crimes in accordance with the law, including crimes of corruption, misappropriation of public funds, bribery, unit bribery, taking advantage of influence to accept bribes, and bribery. The crime of bribery of individuals, the crime of bribery of units, the crime of introduction bribery, the crime of bribery of units, the crime of concealing overseas deposits, the crime of privately dividing state-owned assets, the crime of privately dividing confiscated property, and the crimes committed by public officials in the exercise of public power. The crimes of embezzlement of positions, misappropriation of funds, bribery of foreign public officials and officials of international public organizations, bribery of non-state personnel and related crimes of bribery of non-state personnel.
Article 27 Supervisory organs investigate public officials suspected of crimes of abuse of power in accordance with the law, including crimes of abuse of power, crimes of abuse of power by personnel of state-owned companies, enterprises, and public institutions, crimes of abuse of power of management companies and securities, crimes of abuse of power of food, Crimes of dereliction of duty in drug supervision, crime of intentionally leaking state secrets, crime of revenge and frame-up, crime of obstructing the rescue of abducted or kidnapped women and children, crime of helping criminals to avoid punishment, crime of illegally issuing forest logging licenses, and handling of illegal cross-border personnel The crime of entry and exit documents, the crime of releasing people to cross the national (border) border illegally, the crime of misappropriating specific funds and property, the crime of illegally depriving citizens of freedom of religious belief, the crime of infringing on the customs and habits of ethnic minorities, the crime of retaliating against accountants and statisticians, and other crimes involving judicial staff The crimes of illegal detention, abuse of persons under supervision, and illegal searches were committed by public officials who took advantage of their powers.
Article 28 Supervisory organs investigate in accordance with the law the crime of dereliction of duty by public officials, including the crime of dereliction of duty, the crime of dereliction of duty by personnel of state-owned companies, enterprises, and public institutions, the crime of being deceived by dereliction of duty in signing and performing contracts, and the crime of state agencies The crime of staff dereliction of duty in signing and performing contracts and being deceived, the crime of dereliction of duty in environmental supervision, the crime of dereliction of duty in preventing and controlling infectious diseases, the crime of dereliction of duty in commodity inspection, the crime of dereliction of duty in animal and plant quarantine, the crime of not rescuing trafficked or kidnapped women and children, the crime of dereliction of duty causing damage and loss of precious cultural relics The crime is the crime of negligent disclosure of state secrets.
Article 29 Supervisory organs investigate public officials suspected of crimes of favoritism and corruption in accordance with the law, including the crime of favoritism and fraud, the crime of converting shares at low prices, selling state-owned assets, illegal approval of expropriation, requisition, and occupation of land, and illegal transfer of land at low prices. Crimes of using state-owned land, illegally operating similar businesses, illegally making profits for relatives and friends, violating the law in arbitration, engaging in fraud in selling invoices, deducting taxes, and exporting tax refunds for personal gain, engaging in fraud in commodity inspection, engaging in animal and plant quarantine fraud, and indulging in smuggling Crimes include the crime of indulging in the criminal act of producing and selling counterfeit and inferior goods, the crime of recruiting civil servants and students to engage in malpractice for personal gain, the crime of engaging in malpractice for personal gain and failing to transfer criminal cases, the crime of illegally providing export tax refund certificates, and the crime of engaging in malpractice for personal gain and not collecting or underpaying taxes.
Article 30: Supervisory organs investigate in accordance with the law the crimes of major liability accidents involving public officials in the exercise of public power, including the crime of major liability accidents, the crime of major safety accidents in educational facilities, the crime of firefighting liability accidents, the crime of major labor accidents Crimes of safety accidents, crimes of forcing or organizing others to perform risky operations in violation of regulations, crimes of dangerous operations, crimes of failing to report or lying about safety accidents, crimes of railway operation safety accidents, crimes of major flight accidents, crimes of major safety accidents at large-scale mass activities, crimes of causing accidents caused by dangerous goods , the crime of major engineering safety accidents.
Article 31 Supervisory agencies investigate other crimes involving public officials in the exercise of public power in accordance with the law, including crimes of sabotaging elections, crimes of breach of trust and harming the interests of listed companies, and financial staff purchasing counterfeit currency and exchanging counterfeit currency. Currency crimes, the crime of using undisclosed information to trade, the crime of luring investors to buy and sell securities and futures contracts, the crime of using entrusted property in breach of trust, the crime of illegal use of funds, the crime of illegally granting loans, the crime of absorbing customer funds without recording them, the crime of illegally issuing financial instruments, the crime of The crime of illegal bill acceptance, payment and guarantee, the crime of illegal transfer and reselling of land use rights, the crime of opening, concealing, destroying mail and telegrams without permission, the crime of deliberately delaying the delivery of mail, the crime of leaking case information that should not be disclosed, the crime of disclosing and reporting should not be The crime of disclosing case information and the crime of transporting unqualified soldiers.
Article 49 If a public employee whose work unit is located in the local area and whose management authority is in the competent department is suspected of violating the law or committing a crime due to his/her duties, the supervision agency or ombudsman with jurisdiction over the work unit shall generally be under the jurisdiction of the supervisory agency or ombudsman with jurisdiction in the competent department; After consultation, the supervisory agency and ombudsman may transfer the investigation to the local supervisory committee where the public employee's workplace is located in accordance with regulations, or conduct a joint investigation with the local supervisory committee. If the local supervisory committee discovers clues about problems related to the above-mentioned public officials during its work, it shall report it to the competent department, supervisory agency and ombudsman with jurisdiction, and negotiate to determine jurisdiction.
Other public employees of the units specified in the preceding paragraph who are suspected of violating the law or committing crimes due to their duties may be under the jurisdiction of the local supervisory committee; if the supervisory agency or supervisory commissioner stationed in the competent department initiates an investigation on their own, they shall promptly notify the local supervisory committee .
When a local supervisory committee investigates a case specified in the preceding two paragraphs, it shall report important information such as filing, retention, transfer for review and prosecution, and dismissal of the case to the supervisory agency and ombudsman stationed in the competent department.
Article 50: When a supervisory authority handles a case involving a subject of supervision by another supervisory authority with no affiliation and deems it necessary to initiate an investigation, it shall consult with the supervisory authority with administrative authority to initiate an investigation in accordance with the law. When applying for filing a case, the basic information of the persons involved, the identified suspected illegal and criminal facts, and relevant evidence materials should be provided.
If the supervisory authority handling the case believes that it is more appropriate for it to investigate the case together, it may submit a request to the supervisory authority at a higher level that has the power to make decisions for designation of jurisdiction.
Article 51: If a public official is suspected of corruption, bribery, dereliction of duty and other serious official violations and crimes, and is also suspected of crimes under the jurisdiction of the public security organs, people's procuratorates and other organs, the supervisory organ shall be the main investigation in accordance with the law. , the supervisory agency and other agencies should file the case separately in accordance with their powers. The supervisory agency shall assume the responsibility of organizing and coordinating the progress of investigation and investigation work, the use of important investigations and investigative measures, and other important matters.
Article 52: Supervisory organs may, when necessary, investigate in accordance with the law any crimes suspected of illegal detention, torture to extract confessions, illegal searches, etc. that infringe on citizens' rights and undermine judicial fairness committed by judicial staff who take advantage of their powers, and after filing the case, Timely notify the People's Procuratorate at the same level. When investigating judicial personnel suspected of corruption, bribery and other job-related crimes, the supervisory organs may investigate the suspected crimes specified in the preceding paragraph together and promptly notify the People's Procuratorate at the same level. When the People's Procuratorate is handling a case that is directly accepted for investigation, it is discovered that the criminal suspect is also suspected of other job-related crimes under the jurisdiction of the supervisory authority, and the entire case is transferred to the jurisdiction of the supervisory authority after communication, the supervisory authority shall conduct an investigation in accordance with the law.
Article 53 The supervisory authority may investigate in accordance with the law any suspected duty-related illegal or duty-related crimes committed by retired public officials before or after retirement, or by public officials who resigned or died while performing their duties. . For persons specified in the preceding paragraph, the supervisory authority with jurisdiction shall be determined in accordance with the jurisdiction provisions of their original positions; if it is more appropriate for other supervisory authorities to have jurisdiction, they may be designated in accordance with the law or handed over to other supervisory authorities for jurisdiction.