深圳经济特区行政监察工作规定 Rules of Shenzhen Special Economic Zone on the Administrative Supervision
（Adopted at the Twenty-fifth meeting of the Standing Committee of the First Shenzhen Municipal People's Congress on September 16， 1994）
颁布日期：19940916 实施日期：19940916 颁布单位：深圳市人大常委会
Article 1 In order to strengthen the administrative supervision of Shenzhen Special Economic Zone （hereinafter referred to as “Special Zone”）， improve the public administration， enhance the administrative efficiency， encourage the administrative organizations and their public servants to obey laws， observe disciplines and be honest in performing their official duties， these rules are formulated in accordance with the Regulations of the People‘s Republic of China on Administrative Supervision and the provisions of relevant laws and regulations of the State as well as the actual circumstances of Special Zone.
Article 2 The municipal and district supervisory departments （hereinafter referred to as the supervisory department） are the specialized agencies of the municipal and district people‘s government of Shenzhen Municipality that exercise the function of administrative supervision. They supervise the conditions that the administrative organization of the municipal or district and their public servants as well as other personnel appointed by the administrative organization implement the national laws， regulations and policies， and the decisions and commands of the administrative organizations and the administrative disciplines.
Article 3 The supervisory department exercises the powers of administrative supervision according to law under the leadership of the mayor of Shenzhen Municipality， head of every district and the leaders of the superior supervisory departments.
Article 4 The supervisory decision and proposal of the supervisory department shall be signed by the director of the Supervision Bureau. If the public servant of the supervisory department needs assistance of relevant departments because of performing duties， he shall show the authorized documents signed by the director of the Supervision Bureau.
Article 5 The supervisory department may employ the specially-invited and part-time supervisors. The specially-invited and part-time supervisors carry out the work according to the supervisory department‘s authorization.
Article 6 The supervisory department performs the following functions and duties：
（1） to supervise and examine that the administrative organizations， their public servants and other personnel appointed by the administrative organizations implement the national laws， regulations， policies as well as the decisions and demands of the administrative organizations；
（2） to accept the exposures and charges against the acts that the administrative organizations， their public servants and other personnel appointed by the administrative organizations violate the national laws， regulations and government disciplines；
（3） to investigate and deal with the acts that the administrative organizations， their public servants and other personnel appointed by the administrative organizations violate the national laws， regulations and government disciplines；
（4） to accept the appeal of the public servant of the administrative organizations and other personnel appointed by the administrative organizations for not satisfied with the administrative sanction and the appeal that shall be accepted by the supervisory department as stipulated in laws and regulations；
（5） to educate the public servant of the administrative organizations and other personnel appointed by the administrative organizations to obey laws， be upright and honest， and work diligently；
（6） to carry out disciplinary education to the public servant of the administrative organizations and other personnel appointed by the administrative organizations who have been given the disciplinary sanction；
（7） to accept the citizens‘ exposures against that the administrative organization has improperly given sanctions to the personnel who violated disciplines；
（8） to order relevant units to prevent the illegal acts or take remedial measures， while finding that the public servant of the administrative organizations and other personnel appointed by the administrative organization violate relevant provisions of the State and Special Zone to dispose of the state-owned properties illegally；
（9） to investigate the cases that the administrative organizations from other places in the country and staying in Shenzhen， their public servants as well as other personnel appointed by the administrative organizations violate disciplines in Shenzhen， and to transfer the investigating report and sanction suggestion to the units that the investigated persons belong to or the local supervisory department to deal with， while thinking it necessary to give administrative discipline sanction.
Article 7 When the supervisory department investigates and deals with the cases that the public servant of the administrative organizations and other personnel nominated by the administrative organizations violate disciplines， it has the right to give administrative disciplinary sanctions stipulated in the laws， regulations or rules to the persons who violated disciplines.
Article 8 The administrative disciplinary sanctions are classified as： warning， record of demerit， record of serious demerit， demotion， dismissal from post and discharged from public employment； The periods are classified as： 6 months for warning； one year for record of demerit or serious demerit； two years for demotion and dismissal from post. When the period of sanction expires， and the punished person‘s performs good， the supervisory department giving sanction shall relieve the sanction； If the punished person passes annual examination excellently or has special contribution during the sanction period， the supervisory department giving sanction may relieve the sanction ahead of the due date； If the punished person has new act violating laws and disciplines and shall deserve again disciplinary sanction during the sanction period， the new decision of sanction made under investigation by the unit that he belongs to or the supervisory department shall be enforced together with the former one. The relief of sanction shall not be regarded as resuming the former ranks and post， but the promotion of post， rank and salary level shall not be influenced by the given sanction.
The cases transacted by the supervisory department shall be dealt with by the supervisory department. The cases that are not transacted by the supervisory department shall be dealt with by relevant units according to the administrative power of cadres.
Article 9 The supervisory department shall establish institution to entertain cases of exposures against violation of disciplines， as well as receive citizens and accept their exposures.
Article 10 The institution for entertaining cases of discipline violation in the supervisory department shall record the exposure truly and report the serious cases of exposures against discipline violation to the director of the Supervision Bureau or the person in charge appointed by him within 24 hours. If the informer requires answer， the institution shall reply the settlement result to the informer afterwards.
Article 11 After receiving exposures， the supervisory department shall make analysis and rearrangement to them， and deal with them according to the following provisions：
（1） If it considers that the exposure reflects a violation of laws and disciplines， and there are certain evidences confirming part of the important facts， it shall place it on file for investigation；
（2） If it considers that the a violation of laws and disciplines， but the informer fails to provide relevant evidences or the truth of the evidence is insufficient， it shall carry out the preliminary investigation to decide weather to place it on file or not；
（3） If it considers that the exposure reflects no violation of laws and disciplines， it shall destroy relevant materials. If the exposed circumstances reflect a violation of laws and disciplines but it is not serious enough to constitute a administrative disciplinary sanction， it shall criticize and educate the investigated person， and the relevant materials may be put on file for reference.
Article 12 The supervisory department shall keep the exposure confidential for the informer. If the public servant of the supervisory department discloses the exposure secretes， he shall be investigated for responsibilities according to law.
Article 13 For the cases that the supervisory department decides to place on file for investigation， the supervisory department shall inform the person in charge of the unit that the investigated person belongs to or the person in charge of it‘s superior competent department. In case the municipal supervisory department decides to place on file for investigating the director of a department of the municipal governments， other person appointed by the municipal government， the director of district government， the vice director of district， or other cases with great influence， it shall inform the mayor； In case that the district supervisory department decides to place on file for investigating to the director of a department of the district government， other person appointed by the district government， the director or vice director of the town government， or other cases with great influence within its administrative area， it shall inform the director of the district.
Article 14 When the supervisory department exercise the investigating power according to law， it shall observe the following provisions：
（1） to show the document of authorization signed by the director of the Supervision Bureau and credential of the investigator to the unit and individual assisting the investigation；
（2） to inform the person in charge of the unit that the investigated person or witness belongs to or the person in charge of its superior competent department at the same time， when the investigated person or witness is required to assist the investigation at the prescribed time and place；
（3） to carry out the investigation according to the procedures prescribed in the national laws and regulations， if the investigation involves national secrets.
Article 15 The cases placed on file for investigation formally by the supervisory department shall be concluded within 6 months from the date on which the cases are placed on file. If the cases are complicated and may not be concluded within 6 months， with an approval of the municipal or district people‘s government the periods may be extended for 3 months， and the cases with extended period approved by municipal or district government shall be reported to the superior supervisory department for record according to relevant provisions.
Article 16 If a case that the supervisory department placed on file for investigation ca not be concluded in the prescribed time limit， the supervisory department shall make the decision on withdrawing the case， and send the decision to relevant units and the investigated person.
If there is no new evidence， the withdrawn case shall not be placed on file again for the same facts.
Article 17 In case the public servant of the administrative organization or other person appointed by the administrative organizations falsely accuses others by means of exposure， instigating others to expose or giving false evidence， the supervisory department shall give him disciplinary sanction or bring forward the supervisory suggestion to the unit that he belongs to； If his acts constitute a crime， he shall be referred to the judicial department for investigation and prosecution.
Article 18 When the public servant of the supervisory department investigates case of discipline violation committed by relevant person according to the functions and powers， no unit or individual may interfere. If the public servant of the administrative organizations violates the preceding paragraph and interferes in the work of the personnel dealing with the case or his superiors by the illicit means of threat， lure and so on， he shall be given disciplinary sanction by the supervisory department according to the circumstances.
If other state functionary violates the provisions of the first paragraph of this Article， the supervisory department shall notify the unit that he belongs to， and relevant unit shall give him disciplinary sanctions according to the circumstances.
Article 19 If the supervisory department faces with following circumstances when investigating case， it shall ask the public security organization according to procedures to take compulsory measures， and the public security organization shall give assistance according to legal procedures：
（1） Relevant party obstructs or resists the supervisors to exercise the functions and powers according to law by violence or threat of violence；
（2） It is necessary for the case to take criminal investigation or technical appraisement；
（3） It is necessary to take protective measures to relevant witnesses or preservatory measures to relevant material evidences；
（4） It is necessary to investigate and collect evidence from the persons in custody or the persons detained for interrogation；
（5） It is necessary to restrict the investigated person to leave the country.
Article 20 When the supervisory department inspects or investigates the cases and it is really necessary to inquire of the bank about the investigated units or individual‘s depositing and drawing conditions， or notify the bank to suspend payment， it shall ask the bank to assist in the enforcement.
Article 21 If the supervisory department receives a exposure， and finds that the suspect could have committed a crime after investigation， or the supervisory department believes that the investigated person is suspected to have committed a crime during the investigation of a case， it shall be transfer the case to judicial department.
If a judicial department receives a exposure and finds the cases of discipline violation is not under its jurisdiction after investigation， the judicial department shall transfer the case to the supervisory department. If the supervisory department receives a exposure and finds the case is not under its jurisdiction but is under other administrative departments‘ jurisdiction after investigation，the supervisory department shall transfer the case to relevant administrative competent department.
Article 22 When the judicial department investigates and deals with the criminal cases of the public servant of the administrative organization or other person appointed by the administrative organizations and considers that the acts of the suspect don‘t constitute a crime or the suspect is exempted from prosecution or criminal sanction though his acts constitute a crime， but he shall be given disciplinary sanction， it shall put forward the written suggestions to the supervisory department after making judgment or decision according to law.
When the supervisory department puts the case referred in the preceding paragraph on file for investigation， the judicial department shall provide a duplicate of relevant materials of the case to the supervisory department； Having made the decision for placing the case on file， the supervisory department may use relevant evidences according to prescribed procedures， and the judicial department shall give assistance.
The public servant of the administrative organizations or other person appointed by the administrative organizations， who is sentenced to criminal punishment for having committed a crime or is exempted from prosecution or criminal sanction， shall be removed from office until be discharged from public employment.
Article 23 For the cases placed on file for investigation by the supervisory department， the investigated person has the right to defend himself and rebut the charge of the supervisory department orally or in writing. The supervisory department shall give him the right to defend himself before making supervisory decision according to law， and place relevant materials of defense and the supervisory decision together on file.
Article 24 If the public servant of the supervisory department has one of the following acts， the supervisory department shall criticize and inculcate him， or give him disciplinary sanction according to the circumstances； If his acts constitute a crime， he shall be referred to the judicial department and be investigated for criminal responsibilities according to law：
（1） to neglect the duties and cause losses；
（2） to abuse power for personal gain；
（3） to abuse power to cover up or frame others；
（4） to abuse power to infringe upon other‘s democratic right， personal right and property right；
（5） to disclose state secret；
（6） to disclose the exposure secrets so that the informer suffers from retaliation or other damage；
（7） to disclose the individual privacy of the investigated person and other relevant person and cause damage to them；
（8） other acts violating the national laws， regulations and these rules.
Article 25 The person worthy of merit in exposure shall be awarded more than 5 percent but less than 10 percent of the net amount actually recovered. The person worthy of merit in dealing with case may be given mental encouragement and material award.
Article 26 If supervisory decision made by the supervisory department is found to be wrong， it shall be corrected or withdrew in time； If it caused a misjudged cases， the supervisory department shall make a formal apology to the investigated person and rehabilitate his reputation； If it caused damage， the supervisory department shall give compensation to him according to law.
Article 27 These rules shall go into effect as of promulgation. The rules concerning the work of the Supervision Bureau of Shenzhen Municipality promulgated by the People‘s Government of Shenzhen Municipality in 1987 shall be abrogated simultaneously.
上一篇： 国务院批转中国人民银行关于加强金融机构监管工作意见的通知 CIRCULAR OF THE STATE COUNCIL CONCERNING THE PREVAIL AND TRANSMISSION OF THE OPINIONS OF THE PEOPLE'S BANK OF CHINA ON STRENGTHENING SUPERVISION AND ADMINISTRATION OF FINANCIAL INSTITUTIONS
下一篇： 国家税务总局关于外商投资企业兼营生产性和非生产性业务如何享受税收优惠问题的通知 Circular of the State Administration of Taxation on the Issue Concerning How Enterprises with Foreign Investment which Concurrently Engage in Productive and Non-productive Business Enjoy Preferential Tax Treatment