On March 13th, People’s Republic of China (PRC) Supervision Law (Draft) was submitted to the 13th National People’s Congress for deliberation. As a national anti-corruption legislation, the supervision law is of great significance, far-reaching influence and has attracted much attention.
Focus 1
Why legislation?
Deepen the reform of the supervision system and fight corruption by thinking and ways of the rule of law.
[Background] The draft proposes that this law is formulated in accordance with the Constitution in order to deepen the reform of the state supervision system, strengthen the supervision of all public officials who exercise public power, achieve comprehensive coverage of state supervision, carry out in-depth anti-corruption work, and promote the modernization of the state governance system and governance capacity.
Li Jianguo, Vice Chairman of the 12th the National People’s Congress Standing Committee (NPCSC), said in his explanation to the First Session of the 13th National People’s Congress that deepening the reform of the state supervision system is a major political system reform made by the CPC Central Committee with the Supreme Leader as the core. He said that the formulation of the supervision law is an inherent requirement and an important link in deepening the reform of the national supervision system. The supervision law is a national anti-corruption legislation, which plays a leading and fundamental role in the national supervision work.
Since the 18th National Congress of the Communist Party of China, the anti-corruption efforts of the CPC Central Committee have been unprecedented. In the past five years, 440 cadres in party member and other middle-ranking cadres at or above the provincial corps level were put on file for review, and 1.537 million cadres were punished, which made the anti-corruption struggle overwhelming and consolidated development.
[Interpretation] Zhang Shuofu, deputy to the National People’s Congress, secretary of the Beijing Municipal Commission for Discipline Inspection and director of the Municipal Supervision Commission, said that the formulation of the supervision law is to implement the decision-making arrangements of the CPC Central Committee on deepening the reform of the state supervision system and make the party’s ideas become the will of the state through legal procedures. This is of great significance to innovate and improve the national supervision system, realize the connection between legislation and reform, and carry out anti-corruption work with the rule of law thinking and the rule of law.
Focus 2
Why is the supervisory Committee established?
Constructing a centralized, unified, authoritative and efficient national supervision system
[Background] The draft notes that the current situation of the anti-corruption struggle is still severe and complicated. Compared with the requirements of building a clean and honest party style and the anti-corruption struggle, China’s supervision system and mechanism are obviously unsuitable. First, the scope of supervision is too narrow; Second, the anti-corruption forces are scattered; Third, it is not enough to reflect the responsibility and centralization.
The draft supervision law proposes that the National Supervisory Commission (NSC) of the People’s Republic of China is the highest supervisory organ; The National Supervisory Commission (NSC) is elected by the National People’s Congress and is responsible for national supervision; Director of the National Supervisory Commission’s term of office is the same as that of the National People’s Congress, and he shall not serve for more than two consecutive terms; The state practices the system of supervisors.
[Interpretation] Ren Zhengxiao, deputy to the National People’s Congress, secretary of the Henan Provincial Commission for Discipline Inspection and director of the Provincial Supervision Committee, said that the establishment of the supervision Committee, co-located with the Commission for Discipline Inspection, and performing the two duties of discipline inspection and supervision will help strengthen the party’s unified leadership over anti-corruption work, establish a centralized, unified, authoritative and efficient national supervision system, and promote the in-depth development of the anti-corruption struggle.
Focus 3
How to achieve full coverage of supervision
The object of supervision includes all public officials who exercise public power.
[Background] The draft defines the public officials covered by supervision: civil servants of the Communist Party of China (CPC) organs, people’s congresses and their standing committees, people’s governments, supervisory committees, people’s courts, people’s procuratorates, committees of China People’s Political Consultative Conference at all levels, organs of democratic parties and organs of industrial and commercial federations, and those who are managed with reference to the Civil Service Law of People’s Republic of China (PRC); Personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs to manage public affairs according to law; Managers of state-owned enterprises; Personnel engaged in management in public education, scientific research, culture, medical and health care, sports and other units; Personnel engaged in management in grass-roots mass autonomous organizations; Other personnel who perform public duties according to law.
The draft notes that before the reform of the state supervision system, the inner-party supervision has achieved full coverage, and according to the provisions of the Administrative Supervision Law, the administrative supervision targets are mainly administrative organs and their staff, and all public officials who exercise public power have not been fully covered.
[Interpretation] Ji Guoqiang, member of Chinese People’s Political Consultative Conference and director of the United Front Work Department of Tianjin Municipal Committee, said that only when anti-corruption is fully covered can there be zero tolerance. The supervision law ensures that the supervision power can extend and cover all public officials, and promotes the institutionalization and standardization of the supervision system and mechanism.
Focus 4
How does the supervisory Committee carry out supervision?
Measures such as conversation and interrogation can be taken to replace the "two regulations" with lien.
[Background] The draft proposes that the supervisory committee shall perform its duties of supervision, investigation and disposal in accordance with the law. The explanation of the draft points out that the supervisory organ can take measures such as talking, interrogation, inquiry, inquiry, freezing, transfer, sealing up, seizure, search, inspection, appraisal and lien to carry out the investigation.
Among them, the lien that replaces the "two regulations" has attracted much attention. The draft proposes that the investigated person is suspected of serious duty violations or duty crimes such as corruption and bribery, dereliction of duty and dereliction of duty, and the supervisory organ has mastered some of the facts and evidence of the illegal crimes, and there are still important issues that need further investigation, and those that involve major and complicated cases, may escape, commit suicide, may confess in collusion or forge, conceal or destroy evidence, and may have other circumstances that hinder the investigation. After approval by the supervisory organ according to law, they may be detained in a specific place.
The draft also proposes that the detention time should not exceed three months. Under special circumstances, it can be extended once, and the extension time shall not exceed three months.
[Interpretation] Ma Huaide, vice president of China University of Political Science and Law, said that replacing the "two regulations" with lien conforms to the spirit and requirements of the rule of law and is a concrete measure to use the rule of law to fight corruption. Ma Yide, a deputy to the National People’s Congress and a researcher at the Institute of Law of the Beijing Academy of Social Sciences, said that the draft supervision law gives the supervision commission a series of investigation measures and stipulates strict procedures, which is conducive to solving the long-standing problem of the rule of law and bringing anti-corruption into the rule of law.
Focus 5
How does the supervisory Committee strengthen international cooperation against corruption?
Pursuit, memorial and escape prevention are three-pronged.
[Background] The draft proposes that the National Supervisory Commission (NSC) should coordinate international exchanges and cooperation against corruption with other countries, regions and international organizations, and organize the implementation of international anti-corruption treaties.
The draft proposes that the National Supervisory Commission (NSC) should strengthen the organization and coordination of anti-corruption international pursuit, recovery and escape prevention, and urge relevant units to do relevant work: for major cases of duty crimes such as corruption and bribery, dereliction of duty and dereliction of duty, the respondents fled to the country (territory) and mastered the evidence. If it is more conclusive, it will be pursued and brought to justice through overseas pursuit and cooperation; Asking the country where the stolen money is located to inquire, freeze, detain, confiscate, recover and return the assets involved; Inquire and monitor the entry and exit of public officials suspected of duty crimes and their related personnel and cross-border capital flows, and set up escape prevention procedures in the process of investigating cases.
According to the data of the Central Pursuit Office, in 2017, a total of 1,300 fugitives were recovered, with a total amount of 980 million yuan. Up to now, Yang Xiuzhu, Li Huabo, Wang Guoqiang, Huang Yurong and other "100 Hongtong personnel" have been brought to justice for more than half.
[Interpretation] Xu Xing, a professor at Zhou Enlai School of Government Administration of Nankai University, said that the draft supervision law makes international cooperation against corruption an independent chapter, and regulates it from three aspects: pursuit, memorial and escape prevention, which shows the determination to fight corruption if there is an escape. Through the overall planning of the supervisory Committee, the effectiveness of overseas pursuit and recovery will be improved, and overseas will be resolutely prevented from becoming a "crime-free paradise" for corrupt elements.
Focus 6
Who will supervise the supervisory Committee?
Accept the supervision of the National People’s Congress, strengthen self-supervision, and clarify the restriction mechanism.
[Background] The draft proposes that supervisory organs should accept the supervision of the people’s congresses at the corresponding levels and their standing committees; The supervisory organ shall disclose the information of supervision work according to law and accept democratic supervision, social supervision and public opinion supervision; Supervisory organs strengthen supervision over the performance of duties and compliance with laws by setting up special internal supervision institutions.
The draft provides for the reporting and registration of inquiring about the case, asking questions about the case, interceding with others, the avoidance of supervisors, the management of confidentiality period, and the restrictions on supervisors’ resignation and retirement. At the same time, the system of complaint and accountability for misconduct of supervisory organs and their staff is stipulated.
[Interpretation] Zhuang Deshui, deputy director of Peking University Research Center for Clean Government Construction, said that to build a perfect supervision mechanism, a series of specific working mechanisms and detailed rules should be issued according to the supervision law. People’s congresses at all levels should also regularly evaluate the implementation of the work of the supervisory committees at the corresponding levels and constantly improve the supervision system.
(Xinhua News Agency, Beijing, March 13th, by reporters Wu Mengda, Zhu Jichai, Zhai Yongguan and Li Jinfeng)