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Detailed
Rules for the Implementation of the Rules of Shenzhen Special
Economic Zone on the Administrative
Supervision
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(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.)
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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.
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Article 2 The "authorized documents signed by the
director of the Supervision Bureau" referred to in the Rules
includes the followings:
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(1)
the letter of recommendation for investigating into case;
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(2)
the notice of looking up deposit;
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(3)
the notice of ceasing the payment of deposit;
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(4)
the notice of release of ceasing the payment of deposit;
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(5)
other authorized documents provided in laws and regulations.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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The
supervisory department shall order relevant unit to prevent or
take effective remedial measure
to the act of disposing the
state-owned property illegally.
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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.
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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:
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(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;
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(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;
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(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.
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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:
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(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;
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(2)
The case examiner shall give opinion to the characterization and
settlement of the case according
to the provisions of laws,
regulations and rules;
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(3)
The disciplinary sanction shall be decided through the
collective discussion of the case trial
committee.
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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:
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(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;
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(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;
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(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.
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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.
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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.
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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.
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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.
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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:
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(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;
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(2)
Having outstanding achievement in protecting the public
property, or economizing on the state
assets;
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(3)
Having prevented or avoided serious accident, which reduced or
avoided losses to the interests
of the state and the mass;
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(4)
Was prominent in the rescue and relief work and is rewarded for
meritorious action;
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(5)
Having struggled with the action violating the laws and
regulations and having performed a deed
of merit;
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(6)
Having won honor and interests for country in the international
contact;
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(7)
Having made other special contribution.
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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.
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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.
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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.
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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.
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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:
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(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;
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(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;
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(3)
The record book and notebook involving national top secret,
secret and confidentiality shall
be treated as secret materials
and shall not be lost.
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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.
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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.
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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.
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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.
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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.
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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:
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(1)
During the investigation of a case, the investigated person may
state fact and reason to the
questions investigated by the
supervisory department;
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(2)
Before the supervisory decision is made, the investigated person
may defend himself against
the fact and materials determined by
the supervisory department;
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(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.
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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.
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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.
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Article 23
These detailed rules shall go into effect as of the date of
promulgation. |
