Regulations of The Standing Committee of Shenzhen Municipal People' s Congress on supervision

(Adopted at the third Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on April 26, 1997.promulgated by the bulletin No.2 of the third Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on April 26, 1997)

Chapter 1 General Provisions

Article 1 These regulations are enacted to ensure the implementation of the Constitution, laws, administrative regulations and resolutions of the People' s Congresses and their Standing Committees of higher levels in this administrative area, in accordance with the provisions of the Constitution of the People' s Republic of China, the Organic Law of the People' s Republic of China on the People' s Congresses and People' s Governments at All Local Levels and other related laws and regulations.

Article 2 The Standing Committee of the Shenzhen Municipal People' s Congress (hereinafter referred to as Standing Committee) shall exercise its supervisory authority over the Municipal People' s Government, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate in accordance with laws.

   The Municipal People' s Government, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate shall accept the supervision of the Standing Committee in accordance with laws.

  Article 3 The Standing Committee shall collectively exercise its supervisory authority in accordance with the principle of democratic centralism.

  Article 4 The meeting of directors of the the Standing Committee (hereinafter referred to as the meeting of directors) shall handle daily work of the supervisory authority of the Standing Committee.

  The General Office and all working committees of the Standing Committee (hereinafter referred to as the working agencies) shall undertake specific work of the supervisory authority of the Standing Committee.

  Article 5 The supervisory work of the Standing Committee shall be subject to the supervision of the Municipal People' s Congress.

Chapter 2  Record of Normative Documents

  Article 6 The document-making organs shall report the following normative documents to the Standing Committee for record within fifteen days from the date of the proclamation of documents:

  (1) Rules, decisions and orders of the Municipal People' s Government;

  (2) Rules and measures of the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate on the implementation of laws and regulations;

(3) Resolutions of the District People' s Congresses and their Standing Committees.

  Article 7 The working agencies may make initial examination of normative documents reported for the record and report the examination to the meeting of directors.

  Article 8 When the meeting of directors deems normative documents inappropriate, it may advise the document-making organs to correct or submit to the Standing Committee for deliberation.

  Article 9 The Standing Committee deems normative documents inappropriate, it may order the document-making organs to correct and report results to it or make decisions of withdrawal.

Chapter 3 Hearing and Deliberating Work Reports

  Article 10 The Standing Committee shall regularly hear and deliberate work reports of the Municipal People' s Government, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate.

  Article 11 When the Standing Committee hears work reports, it shall generally inform in written the reporting organs thirty days before the meeting is held. The reporting organs shall submit reports and related materials to the Standing Committee ten days before the meeting is held.

Related working agencies may make initial examination of work reports. The meeting of directors shall decide to report opinions of examination to the Standing Committee.

  Article 12 When the Standing Committee deliberates work reports, leading persons and related persons shall attend the meeting to hear opinions and answer inquiries.

  The Standing Committee shall submit deliberation opinions to related organs.

  Related organs shall report the situations of handling to the Standing Committee within a fixed time limit limit.

  Article 13 If a simple majority of members of the Standing Committee are unsatisfied with a work report, the reporting organ shall make explanations; if they are still unsatisfied with the explanations, the reporting organ shall make a report anew at the next meeting of the Standing Committee. The Standing Committee may make resolutions on work reports.

Chapter 4 Supervision on the implementation of the plan for national economic and social development and the budget

  Article 14 The Standing Committee shall supervise the implementation of the municipal plan for national economic and social development (hereinafter referred to as the plan) and the budget.

  Article 15 The Municipal People' s Government shall report to the Standing Committee on the implementation situation of the plan and budget of the first half year at the third quarter each year.

  Article 16 The report on the implementation situation of the plan and budget shall include following contents:

  (1) The implementation situation of economic policies and measures upon the examination and approval of the Municipal People' s Congress;

  (2) The implementation situation of main targets of the plan and revenue and expenditure of the budget;

  (3) Main issues in the implementation of the plan and budget and solutions to them;

  (4) Other matters required to report.

  Article 17 The Municipal People' s Government shall submit the report on the implementation situation of the plan and budget and related materials to the Standing Committee ten days before the meeting of the Standing Committee is held.

  When the Standing Committee deliberates the implementation situation of the plan and budget, leading persons of the plan and finance departments of the Municipal People' s Government shall attend the meeting to hear opinions and answer inquiries.

  The Standing Committee may make resolutions on the report on the implementation situation of the plan and budget.

  Article 18 The Standing Committee shall examine and decide on partial modifications of the plan and budget in accordance with the suggestion of the Municipal People' s Government.

  Article 19 The Standing Committee shall examine and approve the arrangement scheme of the excessive revenue of the annual budget, the adjustment scheme of the annual plan for the use of land and the adjustment scheme of the annual plan for population.

  Article 20 The Standing Committee shall examine and approve the final accounts of the finance of this level.

  Article 21 The Municipal People' s Government shall submit to the Standing Committee, the partial modifications of the plan and budget, the arrangement scheme of the excessive revenue of the annual budget, the adjustment scheme of the annual plan for the use of land, the adjustment scheme of the annual plan for population, and the final accounts of the finance of this level, which the Standing Committee shall examine and decide on or examine and approve, and related materials of explanation ten days before the meeting of the Standing Committee is held.

  Related working agencies shall make initial examination of reports and schemes listed in the above paragraph. The meeting of directors shall decide to report opinions of examination to the Standing Committee.

  Article 22 When the Standing Committee deliberates reports and schemes listed in the above article, reporters or sponsors and related working staff shall attend the meeting to hear opinions and answer inquiries.

  Article 23 The Municipal People' s Government shall report to the Standing Committee on the situations of the revenue and expenditure of such special capitals as the capacity added fee of the municipal infrastructures, the income of paid transfer of state land and benefits of the state-owned enterprises.

Chapter 5  Inspection on Law Enforcement

  Article 24 The Standing Committee shall inspect and supervise the implementation situations of laws and regulations and the work of law enforcement competent organs in a planned way.

  Article 25 The meeting of directors shall determine contents and steps of the inspection on law enforcement and the composition of the law enforcement inspection group.

  Article 26 The Standing Committee shall inform in written the inspected organ of related inspection matters of law enforcement twenty days before the inspection begins.

  Article 27 The law enforcement inspection group shall hear the work report on law enforcement of the inspected organ, investigate and study the implementation situations and issues of laws and regulations. 

  Related organs and units shall provide true informations   and related materials.

  Article 28 The law enforcement inspection group shall report in written the inspection situation of law enforcement to the meeting of directors, which shall decide to submit to the Standing Committee for deliberation.

  When the Standing Committee deliberates on the inspection report on law enforcement, the chief leading person of the inspected organ shall attend the meeting to hear opinions and answer inquiries.

  The Standing Committee shall send the opinion of deliberation on the inspection report on law enforcement to the inspected organ.  

  Article 29 The inspected organ shall report to the Standing Committee on measures and effects of improvement in accordance with the opinion of deliberation within a fixed time limit limit.

  Related working agencies shall supervise and urge the inspected organs to improve their work.

  Article 30 The Standing Committee may make resolution on the inspection report on law enforcement.

Chapter 6  Hearing and Deliberating Consultation Report

  Article 31 The Standing Committee shall hear and deliberate the reports of consultation persons in a planned way.

  Consultation persons mentioned in the above paragraph refer the state functionaries elected or appointed by the Municipal People' s Congress and its standing committee.

  Article 32 The consultation report shall include the following contents:

  (1) The situations of implementation of the Constitution, laws, regulations, and resolutions and decisions of the People' s Congresses of higher levels and this level, and their standing committees;   

  (2) The performance of functions and duties, and accomplishment of tasks according to laws;

  (3) The situations of being diligent, honest and clean at work, and the work style;

  (4) The situations of handling proposals and suggestions of congress representatives;

  (5) Other situations required to report.

  Article 33 The meeting of directors shall decide on personnel and time of consultations, and the composition of the consultation evaluation group.

  Article 34 The Standing Committee shall inform in written the consultation persons of related consultation matters thirty days before the date of consultations.

 The consultation persons shall submit consultation reports to the Standing Committee ten days before the date of consultations.

  Article 35 Before the Standing Committee hears the consultation reports, the consultation evaluation group shall visit the units, that the consultation persons belong to, and related departments to hear opinions, and collect information, and report in written the investigation result to the meeting of directors, which shall decide to report to the Standing Committee.

  Article 36 If it is necessary, the Standing Committee may invite some representatives and related persons to attend the meeting as nonvoting participants, when it hears and deliberates the consultation reports.

  Consultation persons shall hear opinions and answer inquiries at meeting of joint groups.

  Article 37 The Standing Committee shall make evaluations on persons of consultations, and send the written evaluations to persons of consultations and related organs.

  Article 38 Persons of consultations shall improve their work in accordance with the deliberation opinion of the Standing Committee, and report in written to the Standing Committee measures and effects of improvement within three months.

Chapter 7  Evaluation through Discussion

  Article 39 The Standing Committee shall organize representatives in a planned way to make evaluations through discussion on work of the Municipal People' s Government and its working departments, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate.

  Article 40 The meeting of directors shall determine contents and steps of evaluations through discussion and the composition of the evaluation group through discussion.

Article 41 The Standing Committee shall inform in written the evaluated organ of related matters of the evaluation through discussion thirty days before the evaluation through discussion begins.

  Article 42 The evaluation group through discussion shall investigate the work situation of the evaluated organ, collect opinions of related units and individuals on the evaluated organ, and analyze the work situation and problems of the evaluated organ, to form the opinion of evaluation through discussion.  

  The evaluated organ shall make self-inspection in accordance with the requirements of evaluation through discussion, provide related materials accurately, and report the situation of self-inspection to the evaluation group through discussion.

  Article 43 The evaluation group through discussion shall hold the meeting of evaluation through discussion to make evaluation on the work of the evaluated organ. The chief leading person and related persons of the evaluated organ shall attend the meeting to hear opinions and answer inquiries.  

  Article 44 The evaluation group through discussion shall report in written the situation of evaluation through discussion to the meeting of directors, which shall decide to submit to the Standing Committee for deliberation.

  When the Standing Committee deliberates the report on evaluation through discussion, the chief leading person of the evaluated organ shall attend the meeting to hear opinions and answer inquiries.

  The Standing Committee shall send the opinion of deliberation to the evaluated organ.  

  Article 45 The evaluated organ shall report in written to the Standing Committee the measures and effects of improvement within a fixed time limit limit. Related working agencies shall supervise and urge the evaluated organ to improve its work.

Chapter 8  Inspection

  Article 46 The Standing Committee shall organize representatives to the Municipal People' s Congress (hereinafter referred to as representatives) to carry out inspections on the work of the state organs and related units of this level and the lower level.

  Representatives to the People' s Congresses of the higher and the lower levels may be invited to attend the inspection. If necessary, the leading persons of related departments may be asked to attend the inspection.

  Article 47 The meeting of directors shall determine contents, time and methods of the inspection, which the Standing Committee shall organize representatives to carry out.

  The individual representative may hold the representative card to carry out the on-the-spot inspection. Related working agencies shall provide necessary help in accordance with the representative' s requirements.

  Article 48 Related working agencies shall send the representative' s opinions on the inspection to related departments and organizations to handle. Handling units shall report the results of handling within a fixed time limit limit.

  The meeting of directors may submit the major issues, which representatives find in inspections, to the Standing Committee for deliberation.

Chapter 9  Supervision on Handling Representatives' Proposals and Suggests

Article 49 The Standing Committee shall refer to handling organs the representatives' proposals, which the Presidium decides to submit to the Standing Committee for deliberation, within thirty days after the meeting of the Municipal People' s Congresses is closed.

Article 50 Handling organs shall establish leading organs to handle representatives' proposals, determine competent departments of handling and formulate plans of handling.

Article 51 Handling organs shall submit the handling plans to the Standing Committee for deliberation within eight months upon the date of referring proposals to handle.

Related working agencies shall make initial examination of the handling plans. The meeting of directors shall decide to report opinions of examination to the Standing Committee.

Article 52 If a simple majority of members of the Standing Committee are unsatisfied with a handling plan, the handling organ shall make a new one to submit to the next meeting of the Standing Committee for deliberation.

Article 53 Handling organs shall organize to implement handling plans approved by the Standing Committee and report situations of handling in time.

Article 54 The Standing Committee shall report in written the handling plans and the situations of handling to the Presidium of the next meeting of the Municipal People' s Congress, which shall decide to print them for distribution to the meeting, or submit them to the meeting for deliberation.

Article 55 The Standing Committee shall refer suggestions (including suggestions changed from proposals), which representatives propose during the session of the Municipal People' s Congress, to handling organs to organize handling within thirty days after the session ends; related working agencies shall ask in written handling organs to handle the suggestions, which representatives propose when the Municipal People' s Congress is not in session, within ten days upon receiving representatives' suggestions.

Article 56 Handling organs shall give a direct reply with results of handling to representatives, and send duplicates to related working agencies within six months upon the date of referring to handle. If the representative proposing suggestion is unsatisfied with a reply, he may submit written opinions to the handling organ, which shall handle anew or make explanations. 

Article 57 The Municipal People' s Government shall submit reports on the results of handling representatives' suggestions to the Standing Committee for deliberation two months before the next meeting of the Municipal People' s Congresses is held.

Related working agencies shall summarize the handling results of representatives' suggestions handled by other organs and organizations to report to the Standing Committee in written.

Article 58 When the Standing Committee deliberates handling plans of representatives' proposals and reports on handling results of representatives' suggestions, it may invite part of proposing representatives to attend the meeting as nonvoting participants, if necessary. 

Article 59 Handling organs shall establish the system of responsibility for work of handling representatives' proposals and suggestions, the system of inspection and supervision on handling, the system of examination and reply and the feedback system of representatives' opinions.  

Article 60 The Standing Committee may organize representatives to inspect the work of handling representatives' proposals and suggestions. Representatives may address inquiries and questions on situations of handling representatives' proposals and suggestions in accordance with laws.

Chapter 10  Acceptance of appeals and opinions

Article 61 The Standing Committee shall accept appeals and opinions of citizens, legal persons and other organizations against the state organs and their functionaries.

Article 62 Related working agencies shall register appeals and opinions, and deal with them separately as follows:

(1) To transfer them to related organs, which shall give a reply with the handling results to the appellants;

(2) To transfer them with suggestion to related organs, which shall give a reply to the transferring organs and the appellants within a fix time limit;

(3) To propose handling opinions, and report to the meeting of directors.

Article 63 The meeting of directors may, according to the reports of related working agencies, advise related organs to handle and report the handling results within a fix time limit, or organize investigations, or submit to the Standing Committee for deliberation.   

Chapter 11  Supervision of Individual Case

Article 64 The Standing Committee may carry out supervision on the specific case, which the municipal administrative organs of law enforcement or judicial organs have handled, and the handling of which is effective but is suspected of violating laws.

The Standing Committee shall not handle a case directly.

Article 65 Related working agencies shall register the specific case, which the municipal administrative organs of law enforcement or judicial organs have handled, and the handling of which is effective but is suspected of violating laws, make initial examination on it and report to the meeting of directors.

Article 66 The meeting of directors may, if it deems it necessary, organize a supervisory group to investigate the specific case. The meeting of directors shall determine the members of the supervisory group of the specific case from the members of the Standing Committee, representatives and related working staff.

Any person, who has an interest with the case, shall not be a member of the supervisory group of the specific case.

Article 67 When the supervisory group of the specific case conducts investigations, there shall be not less than two members; Participants of investigations shall abide by related disciplines of handling the case and keep secrets in accordance with laws.

The supervisory group of the specific case may hear reports, inquire related departments and persons, consult related materials in accordance with stipulated formalities, and borrow files of related cases to read. Related organs and persons shall give assistance and cooperation.

Article 68 The supervisory group the specific case shall report the investigation results to the meeting of directors.

The meeting of directors may, according to the investigation results, propose handling suggestions to related organs, or decide to submit it to the Standing Committee for deliberation.

Article 69 When the Standing Committee deems that a specific administrative act or judicial act has violated laws upon its deliberation, it may decide to issue the legal supervisory warrant, and the administrative organs or the judicial organ shall handle it in accordance with laws within a fixed time limit, and report handling results. When it deems it necessary to investigate and certify further the fact of violations of laws, it may organize an investigation committee of the specific issue to conduct investigations. When it deems the fact of violations of laws doesn' t exist upon investigations, it shall inform the investigated organ in written.

Chapter 12  Addressing Questions

Article 70 More than five members of the Standing Committee may jointly raise written proposal of addressing questions on the Municipal People' s Government, the Municipal Intermediate People' s Court or the Municipal People' s Procuratorate to the Standing Committee, when the Standing Committee is in session.

Objects, questions and contents of the addressing questions shall be written clearly in the proposal.

Article 71 The meeting of directors shall decide to refer the proposal of addressing questions to the questioned organ to give oral reply at the plenary meeting of the Standing Committee, or to give written reply.

When a proposal of addressing questions is to be replied   orally, the leading person of the questioned organ shall attend the meeting to give reply; when a proposal of addressing questions is to be replied in written, the leading person of the questioned organ shall sign the reply, which the meeting of directors shall decide to print it for distribution at the meeting or to the raisers of the proposal.

Article 72 If a simple majority members of the Standing Committee or the raisers of the proposal of addressing questions are unsatisfied with a reply, the questioned organ shall give reply anew.

Article 73 A proposal of addressing questions shall be cancelled at the request of the proposal raisers before the meeting of directors decides to refer the proposal to the questioned organ.

Chapter 13  Organizing Investigation Committees into Specific Questions

Article 74 The meeting of directors or more than one fifth   of the members of the Standing Committee may jointly raise a written proposal of organizing an investigation committee into specific questions to the Standing Committee, which shall be decided at the plenary meeting.

Article 75 The Standing Committee shall organize investigation committees into specific questions regarding the following matters:

(1) Acts that the Municipal People' s Government, the Municipal Intermediate People' s Court or the Municipal People' s Procuratorate violates the Constitution or seriously violate laws and regulations;

(2) Acts that a state functionary, elected and appointed by the Municipal People' s Congress or the Standing Committee, seriously violates laws or neglects his duty.

(3) Major matters, which the masses have strong reflection on; 

(4) Other matters, which the Standing Committee deems necessary to investigate.

Article 76 The Investigation Committee shall be composed of the Director, Vice-Director and the members, which the meeting of directors shall nominate from members of the Standing Committee and other representatives, and submit to the plenary meeting of the Standing Committee for approval. 

 The Investigation Committee may invite related experts to participate in work.

Article 77 When the Investigation Committee conducts an investigation, related citizens, legal persons or other organizations have obligations to provide information accurately. The Investigation Committee shall keep secrets in accordance with laws.

Article 78 The Investigation Committee shall submit a report on the investigation to the Standing Committee, which may make a resolution on the investigation in accordance with the report.

Chapter 14  Handling the Acts of Violating This Regulations

Article 79 If a supervised organ or person subject to these regulations commits any one of the following acts, it(he) shall be investigated for administrative or legal responsibility in accordance with laws:

(1) Failing to submit normative documents within a fixed time limit;

(2) Failing to attend meeting to hear opinions and answer inquiries without reasonable ground;

(3) Failing to report work accurately, provide information or answer questions to inspection representatives, the evaluation group through discussion, the inspection group of law enforcement, the evaluation group of consultations or the supervisory group of a specific case;

(4) Failing to provide information or providing information inaccurately to the investigation committee into specific questions, and failing to give assistance the investigations;

(5) Failing to handle the referred proposal, suggestion, appeal or opinion, or give reply within a fixed time limit;

(6) Failing to satisfy a simple majority of members of the Standing Committee with a new report or a new reply to questions;

(7) Refusing to attend meeting to report work, or to conduct consultation, or to accept addressing questions;

(8) Refusing to implement the legal supervisory warrants.

Article 80 The Standing Committee shall handle the acts listed in the above article as follows in the light of circumstances:

(1) To order the related organ or responsible person to make self-criticism or circulate a notice of criticism on it(him);

(2) To ask related organ to investigate responsible person and the leading person liable for administrative responsibilities; 

(3) To remove or withdraw post of the functionary appointed by the Standing Committee in accordance with laws, if the circumstances are serious;

(4) To remove or withdraw post of the functionary elected by the Municipal People' s Congress in accordance with laws, if the circumstances are serious, or raise a removal proposal to the Municipal People' s Congress.

Article 81 If the related working agency or working staff, that undertakes regular work of the supervisory authority of the Standing Committee, commits any act of violating this regulations, the Standing Committee may order the related working agency or responsible person to make self-criticism, or circulate a notice of criticism on it(him), or investigate the related responsible person for administrative responsibilities.

Chapter 15  Supplementary Provisions

Article 82 the Standing Committees of the People' s Congresses of all districts shall conduct the supervisory work with reference to these regulations.

        Article 83 These regulations shall become effective as of the date of promulgation.