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《深圳经济特区行政监察工作规定》实施细则 Detailed Rules for the Implementation of the Rules of Shenzhen Special Economic Zone on the Administrative Supervision

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深圳市人民政府令第58号
颁布日期:19970126  实施日期:19970126  颁布单位:深圳市人民政府

  Detailed Rules for the Implementation of the Rules of Shenzhen Special Economic Zone on the Administrative Supervision

  (Adopted at the 50th executive meeting of the Second Shenzhen Municipal People's Government, and promulgated by the decree No.58 of the Shenzhen Municipal People's Government on 26,January, 1997.)

  Article 1 In order to implement the Rules of Shenzhen Special Economic Zone on the Administrative Supervision (hereinafter referred to as “Rules”), these detailed rules are formulated.

  Article 2 The “authorized documents signed by the director of the Supervision Bureau” referred to in the Rules includes the followings:

  (1) the letter of recommendation for investigating into case;

  (2) the notice of looking up deposit;

  (3) the notice of ceasing the payment of deposit;

  (4) the notice of release of ceasing the payment of deposit;

  (5) other authorized documents provided in laws and regulations.

  If the public servant of supervisory department holds one of the authorized documents listed above when performing official duty, relevant unit or individual shall give assistance.

  Article 3 The “specially-invited supervisor” and “part-time supervisor” in Article 5 of the Rules refers to the part-time working staff of supervision, who is employed from government department, democratic party, mass organization, enterprise or institution by the supervisory department according to the need of work, and accepts the offer of employment voluntarily.

  Having consulted with relevant unit and obtained the consent of the employed person and the unit that he belongs to, the supervisory department, which employs the specially-invited or part-time supervisor, shall issue employment letter after examination.

  The specially-invited or part-time supervisor is protected by law when he performs official duty according to law within the scope of authority. No unit or individual may disturb, strike or retaliate him.

  Article 4 The supervisory department shall be in charge of making plan, inspecting, supervising and directing the education of legal knowledge, honesty, clean and diligent service to the public servants of the administrative organization and other personnel appointed by the administrative organization, which is provided in the fifth subparagraph of Article 6 of the Rules. Every unit related shall organize the education of legal knowledge, honesty, clean and diligent service concretely in the unit, and inform the supervisory department of the education in time.

  Article 5 The sixth subparagraph of Article 6 of the Rules provides that the supervisory department shall carry out disciplinary education to the public servant of the administrative organization and other personnel appointed by the administrative organizations who have been given the disciplinary sanction. The person, who is decided to be given an administrative sanction by the supervisory department, shall be inculcated by the supervisory department and the unit that he belongs to. The person, who is decided to be given a sanction by the competent department shall be inculcated by the competent department and the unit that he belongs to.

  Article 6 According to the provisions of the seventh subparagraph of Article 6 of the Rules, a citizen has the right to expose or report to the supervisory department, if he finds that the sanction, which the administrative organization has given to the disciplinary-violator, is too light or too heavy. The supervisory department shall investigate into the exposed or reported matter in time. If the sanction is improper indeed, the supervisory department shall advise relevant department to rectify, or it rectify the sanction directly.

  Article 7 The “disposal of the state-owned property illegally” in the eighth subparagraph of Article 6 of the Rules refers to the act of violating the provisions of laws and regulations and causing the losses to state-owned property for malfeasance, breach of duty or blindfold investment.

  The supervisory department shall order relevant unit to prevent or take effective remedial measure to the act of disposing the state-owned property illegally.

  If the public servant of an administrative organization, or the person appointed or entrusted by the administrative organization disposes the state-owned property illegally, which results in serious consequences, the chief person liable shall be given disciplinary sanction according to relevant provisions.

  Article 8 When investigating and dealing with the cases of breach of discipline of the administrative organization and its public servant as well as other person appointed by the administrative organization, the supervisory department shall treat it differently according to the concrete circumstances:

  (1) Any one, who violates the national laws and regulations to corrupt and take bribe, derelict or abuse power, or abuse power for personal gain, which results in serious consequences, the supervisory department shall investigate him for the responsibility of violating the laws or disciplines;

  (2) Any one, who causes losses for error or negligence in work, the supervisory department shall give criticism and education or appropriate disciplinary sanction to him and the person liable according to the circumstances and the damage results;

  (3) If losses are caused for the adjustment of policy, force majeure or other accidental reasons, the supervisory department shall help relevant person to draw experiences and lessons in time to decrease loss and improve work.

  Article 9 When deciding to give disciplinary sanction to the discipline-violator according to Article 7 and Article 8 of the Rules, the supervisory department shall observe the following procedures:

  (1) After the investigation of a case is finished, the case shall be examined by more than 2 public servants of the supervisory department, who have not investigated into the case;

  (2) The case examiner shall give opinion to the characterization and settlement of the case according to the provisions of laws, regulations and rules;

  (3) The disciplinary sanction shall be decided through the collective discussion of the case trial committee.

  Article 10 Besides exercising the power of disciplinary sanction according to Article 7 and Article 8 of the Rules, the supervisory department may make the following settlements separately to the discipline-violator according to relevant laws and regulations:

  (1) For the person, who is engaged or borrowed by the state-owned enterprise or institution, and has been given a disciplinary sanction for violating the laws and disciplines, the supervisory department may advise the unit, that he belongs to, to dismiss him;

  (2) For the discipline-violator, who is deemed by the supervisory department to be unsuitable for his original work, the supervisory department may advise the competent department or the unit, that the person belongs to, to adjust his work post;

  (3) The supervisory department may advise the competent department to suspend the performance of power and duty of the supervised person, who makes use of his position to disturb investigation.

  For the person, who covers up or screens the discipline-violator, the supervisory department investigating and dealing with the cases of breach of discipline may advise his competent department or the unit, that he belongs to, to criticize and inculcate him or give a disciplinary sanction to him when.

  Article 11 If the person, who is given a disciplinary sanction, can realize mistake, has the expression of repentance, and commits no new act violating the laws and disciplines, the original unit, which has given the sanction, shall relieve the sanction when the sanction period is expired.

  If the sanction needs to be relieved when sanction period is expired, the person, who is given a sanction, shall file a written application, which shall be submitted to the original unit, that decided the sanction, for examination and approval, after the unit that the person belongs to has checked him and given opinion. The person, who is checked to accord with the conditions provided in the preceding paragraph by the unit that he belongs to, shall be relieved the sanction. The person, who is checked not to accord with the conditions, shall not be relieved the sanction.

  The person having been given a sanction, who is under order to leave the original work post during the sanction period, shall be checked and reported for approval by the unit where his present post is.

  Article 12 If the person, who has been given a disciplinary sanction, is involved in one of the following circumstances during the sanction period, he shall be regarded to “have special contribution” mentioned in Article 8 of the Rules, and shall be relieved the sanction ahead of the due date by the supervisory department:

  (1) Having made invention or innovation or put forward rationalization proposal in work, which achieved distinguished economic and social benefit for country and is recognized by the municipal or superior relevant department;

  (2) Having outstanding achievement in protecting the public property, or economizing on the state assets;

  (3) Having prevented or avoided serious accident, which reduced or avoided losses to the interests of the state and the mass;

  (4) Was prominent in the rescue and relief work and is rewarded for meritorious action;

  (5) Having struggled with the action violating the laws and regulations and having performed a deed of merit;

  (6) Having won honor and interests for country in the international contact;

  (7) Having made other special contribution.

  Article 13 Any public servant of the supervisory department, who discloses the exposure secrete of citizen, violating the provisions of Article 12 of the Rules, shall be given appropriate disciplinary sanction by the supervisory department according to the circumstance; If the circumstance is notably slight and results in no harm, he shall be criticized and inculcated.

  Article 14 The case, which shall be informed to the mayor or the director of district as provided in Article 13 of the Rules, shall be reported to the superior supervisory department for record within 7 days from the date when the supervisory department decides to place on file.

  Article 15 After deciding to place on file for investigation, the supervisory department shall immediately inform the main leading official of the unit that the investigated person belongs to.

  If the investigated person is the main leading official of the unit that he belongs to, the supervisory department shall inform the main leading official of the superior competent department.

  Article 16 According to the provisions of the third subparagraph of Article 14 of the Rules, if the investigation involves national secret, the supervisory department shall follow the following procedures:

  (1) When looking up or copying the top secret, secret and confidential document and data, it shall strictly go through the formality of examination and approval as well as registration according to the provisions of national laws and regulations. The duplication shall be marked with the copying unit, amount of copies and date, and shall be properly preserved;

  (2) When delivering the national top secret, secret and confidential document and data, it shall go through the formality of registration, signing and receiving. The document and data shall not be delivered by the common postal service;

  (3) The record book and notebook involving national top secret, secret and confidentiality shall be treated as secret materials and shall not be lost.

  Article 17 In case the public servant of the administrative organization or other person appointed by the administrative organization falsely accuses others by means of exposure, investigating others to expose or giving false evidence, the supervisory department shall give him disciplinary sanction according to the circumstances and the result of harm, or bring forward the supervisory suggestion of transferring him from the original work post or suspending the performance of duty to the unit that he belongs to. If the circumstance is notably slight and doesn‘t result in any harm, he shall be criticized and inculcated.

  Article 18 If the supervisory department finds that the investigated person is accused maliciously indeed during investigation, it shall quash case, make public the investigation outcome, clarify fact and eliminate influence at the unit that the investigated person belongs to, and report to relevant department in time.

  Article 19 If the money or article, which is temporally detained in the investigation of a case, but not imposed or confiscated, is found to be unrelated with the case after an examination, the supervisory department shall return it within 3 days.

  Article 20 Under one of the circumstances provided in Article 19 of the Rules, if the supervisory department investigating a case needs to ask the public security organization to take coercive measure, it shall reported it to the leading official of the people‘s government of this level for approval, and the public security organization shall give assistance according to legal procedures.

  Article 21 If the supervisory department believes that the investigated person is suspected to have committed a crime during the investigation of a case, and the case shall be transferred to the judicial department according to the provisions of Article 21 of the Rules, it shall fill in the “Notice of Transferring Case”, which shall be transferred to the judicial department with jurisdiction together with relevant evidences and materials.

  Article 22 According to the provisions of Article 23 of the Rules, the supervisory department or the unit that the investigated person belongs to shall allow the investigated person to defend himself in the following procedures:

  (1) During the investigation of a case, the investigated person may state fact and reason to the questions investigated by the supervisory department;

  (2) Before the supervisory decision is made, the investigated person may defend himself against the fact and materials determined by the supervisory department;

  (3) The supervisory decision shall be served to the investigated person in writing after it is made; If the investigated person is not satisfied with it, he may apply for reexamination or review according to the procedures provided by laws or regulations.

  The supervisory department shall make record of the statement and defense of the investigated person. The record shall be signed by the investigated person after being examined to have no mistake by him.

  The supervisory department shall examine and check each defense question of the investigated person in time. The materials relevant to defense, examination and check shall be put into the archives of the investigated person.

  Article 23 These detailed rules shall go into effect as of the date of promulgation.

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