Regulation on the Implementation of the Oversight Law of the People's Republic of China

Regulation on the Implementation of the Oversight Law of the People's Republic of China 中华人民共和国监察法实施条例 Announcement of the National Oversight Commission of the People's Republic of China (No. 1) As decided at the plenary session of the National Oversight Commission on July 20, 2021, the Regulation on the Implementation of the Oversight Law of the People's Republic of China is hereby issued, and shall come into force on September 20, 2021. National Oversight Commission September 20, 2021 Regulation on the Implementation of the Oversight Law of the People's Republic of China (Decided at the plenary session of the National Oversight Commission on July 20, 2021, coming into force on September 20, 2021) Table of Contents Chapter I General Provisions Chapter II Oversight Authorities and Their Duties Chapter III Oversight Scope and Jurisdiction Chapter IV Oversight Authority Chapter V Oversight Procedures Chapter VI International Cooperation against Corruption Chapter VII Supervision of Oversight Authorities and Oversight Officials Chapter VIII Legal Liability Chapter IX Supplemental Provisions Chapter I General Provisions Article 1 For the purpose of promoting the compliance of oversight work under the rule of law, this Regulation is developed in accordance with the Oversight Law of the People's Republic of China (hereinafter referred to as the “Oversight Law”) and in light of the actual work. Article 2 The overall leadership of the Communist Party of China (CPC) over the oversight work shall be adhered to, the awareness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment shall be enhanced, and confidence in the path, theory, system and culture of socialism with Chinese characteristics shall be maintained. The core status of General Secretary Xi Jinping in the CPC Central Committee and the Party as a whole shall be resolutely upheld, the authority and centralized and unified leadership of the CPC Central Committee shall be resolutely upheld, and the leadership of the Party shall be implemented in all aspects and the entire process of the oversight work. Article 3 The oversight authority and the Party's discipline inspection authority shall work in the same office, adhere to the thinking and way of the rule of law, promote the continuity of enforcement of discipline and laws, effectively coordinate with judicial authorities, and achieve the organic integration of supervision according to discipline, oversight in accordance with the law, and the application of discipline and laws. Article 4 The oversight authority shall fulfill its duties of supervision, investigation and disposition in accordance with the law, adhere to seeking truth from facts, learning from mistakes to prevent recurrence and treating the illness to save the patient, adhere to integrating punishments with education, so as to achieve the unity of political effects, legal effects and social effects. Article 5 The oversight authority shall unswervingly punish corruption, promote and further reform, improve rules, regulate the exercise of power, strengthen ideological and moral education, legal education and integrity education, and guide public officials to raise their awareness, take responsibilities, perform their duties in accordance with the law, and promote the construction of systems and mechanisms under which public officials do not dare to, are unable to, and have no desire to commit acts of corruption in an integrated way. Article 6 The oversight authority shall adhere to democratic centralism, conduct collective research on important matters in the disposition of clues, case docketing and investigation, case trial, disposition and execution, and reconsideration and review, and perform the procedures for requesting instructions and reporting in strict accordance with its authority. Article 7 The oversight authority shall equally apply laws and fully safeguard the lawful rights and interests of the subject of oversight and related personnel such as the personal right, right to know, property right, right to submit arguments, right to file petitions, and right to apply for reconsideration and review. Article 8 The oversight authority shall, in handling the case of crime of malfeasance in office, cooperate with the people's court and the people's procuratorate, with mutual checks, strengthen communication and coordination in such aspects as case jurisdiction, evidence examination, case transfer, and disposition of properties involved in the case, and legally handle the opinions offered by people's courts and people's procuratorates, such as returning the case for supplementary investigation, excluding illegal evidence, obtaining synchronized audio or video recordings, and requiring the investigators to appear in court. Article 9 The oversight authority may, in conducting oversight, legally request the organization and personnel, public security, national security, audit, statistics, market regulation, financial regulation, finance, taxation, natural resources, banking, securities, insurance, and other relevant departments and entities to provide assistance and cooperation. Relevant departments and entities shall, as required by the oversight authority, legally assist in taking relevant measures, sharing relevant information, and providing relevant materials and professional technical support in accordance with the law, and cooperate in carrying out the oversight work. Chapter II Oversight Authorities and Their Duties Section 1 Leadership Article 10 The National Oversight Commission shall conduct work under the leadership of the CPC Central Committee. A local oversight commission at any level shall work under the dual leadership of both the Party committee at the same level and the oversight commission at a higher level, and the supervision of law enforcement and investigation shall be mainly led by the oversight commission at a higher level. While the disposition of clues and investigation and handling of cases are reported to the Party committee at the same level, they shall also be reported to the oversight commission at the next higher level. An oversight commission at a higher level shall strengthen its leadership over oversight commissions at lower levels. The oversight commission at a lower level must execute any decision made by an oversight commission at a higher level; and if it considers that a decision is inappropriate, it shall report the matter to the oversight commission at a higher level while executing the decision. The oversight commission at a higher level shall correct the erroneous decision made by the oversight commission at a lower level according to relevant procedures, or require the oversight commission at a lower level to make correction. Article 11 The oversight commission at a higher level may, in a unified manner, legally transfer oversight officials of oversight authorities at all levels under its jurisdiction to handle oversight matters. The transfer decision shall be made in a written form. The oversight authority shall strengthen mutual cooperation and coordination in handling oversight matters and may request the oversight authority at a higher level to coordinate important and complicated matters. Article 12 An oversight commission at any level may, in accordance with the law, station or assign oversight bodies and oversight commissioners to the CPC authorities and state authorities at the same level, organizations and entities empowered by laws and regulations to manage or entrusted with management of public affairs, and state-owned enterprises and public institutions under its jurisdiction, among others. The oversight commission at the level of a province or districted city may legally assign an oversight body or oversight commissioners to a region where there is no people's congress, such as prefectures, leagues and development zones. The oversight commission at the county level and the oversight commission of a district (or county) under the jurisdiction of a municipality directly under the Central Government may assign an oversight body or oversight commissioners to areas such as sub-districts and townships or towns. The oversight body and oversight commissioners shall be under the leadership of the local office in conducting the oversight work. Article 13 The stationed or assigned oversight body or oversight commissioners shall, based on the authorization of the authority assigning them and administrative power, oversee public officials of entities and regions, among others, where they are stationed or assigned, and investigate and deal with illegal conduct and crimes of malfeasance in office. The oversight body or oversight commissioners may, in accordance with the relevant provisions, conduct joint investigation of serious illegal conduct and crimes of malfeasance in office with the local oversight commission, or transfer such cases to the local oversight commission for investigation. Where an oversight body or oversight commissioner not granted the power to investigate the crime of malfeasance in office finds any clue to the suspected crime of malfeasance in office being involved by the subject of oversight, it or he shall file a report with the authority assigning it or him in a timely manner, which shall conduct investigation or legally transfer the clue to the relevant local oversight commission for investigation. Section 2 Oversight and Supervision Article 14 An oversight authority shall, in accordance with the law, perform its duties of oversight and supervision, oversee and inspect the political conduct, exercise of public power and moral integrity of public officials, and urge the relevant authorities and entities to strengthen the education, administration and supervision of their public officials. Article 15 An oversight authority shall resolutely uphold the national guiding ideology established in the Constitution, strengthen its supervision of public officials, especially leaders, adhere to the leadership of the Party and the socialist system with Chinese characteristics, and implement the guidelines, principles and policies as well as major decisions and arrangements of the Party and the state, performance of strict management and supervision duties, exercise of public power in accordance with the law, and other circumstances. Article 16 An oversight authority shall strengthen the education for public officials in respect of ideals, services for the people, the Constitution, laws and regulations, and the fine traditional cultures of the Chinese nation, carry forward socialist core values, carry out warning education in an in-depth manner, educate and guide public officials to establish a correct outlook on power, responsibility and benefits, and remain pragmatic and honest for the people. Article 17 An oversight authority shall strengthen routine supervision in light of the duties of public officials, and promote public officials' use of power in a legal, impartial and honest manner by such means as collecting feedbacks from the public, holding discussions and interviews, consulting materials, convening or attending meetings, listening to work reports, outlining responsibility and integrity, and conducting supervision and inspection. Article 18 An oversight authority may hold interviews with public officials and educate and give a warning in a timely manner when discovering any emerging or tendentious problem in respect of political morality, exercise of public power, and moral integrity. Article 19 An oversight authority may, through conducting special inspection, have an in-depth understanding of the identified prominent systemic and industrial problems and the problems that are mostly concerned by the people, and urge relevant authorities and entities to strengthen governance and promote public officials' performance of duties and responsibilities. Article 20 An oversight authority shall facilitate rectification by handling cases and promote governance by supervision, and shall, when finding out problems and disposing of them in accordance with the law, analyze the causes for the occurrence of problems, detect problems in such aspects as system building, power allocation, and supervision mechanism, and give opinions or oversight recommendations on the improvement of work to relevant authorities and entities, promote the improvement of rules, and enhance the governance efficiency. Article 21 In conducting oversight and supervision, an oversight authority shall coordinate and connect with disciplinary supervision, stationing supervision, and inspection tour supervision, connect and coordinate with supervision by the people's congress, democratic supervision, administrative supervision, judicial supervision, audit supervision, financial and accounting supervision, statistics supervision, public supervision and public opinion supervision, improve the mechanisms for sharing information, resources and results, among others, so as to create a powerful synergy for conducting supervision. Section 3 Oversight and Investigation Article 22 An oversight authority shall fulfill the duties of oversight and investigation in accordance with the law, and investigate the illegal conduct and crimes of malfeasance in office in accordance with the Oversight Law, the Law of the People's Republic of China on Administrative Disciplinary Actions for Public Officials (hereinafter referred to as the “Law on Administrative Disciplinary Actions”), the Criminal Law of the People's Republic of China (hereinafter referred to as the “Criminal Law”), and other applicable provisions. Article 23 The illegal conduct of malfeasance in office investigated by the oversight authority means any of the following illegal conduct committed by a public official, which is related to his or her duties and for which the party shall assume legal liability in accordance with the law, although it does not constitute a crime: (1) The illegal conduct committed by taking advantage of the power. (2) The illegal conduct committed by taking advantage of the influence of his or her office. (3) The illegal conduct of failing to perform his or her duties in an effective manner or neglecting duty. (4) Any other illegal conduct of violating the specific obligation in relation to the position of public officials. Article 24 Where the oversight authority finds that a public official has committed any other illegal conduct under any of the following circumstances, it may conduct investigation and dispose of it in accordance with the law: (1) The time limit for holding the administrative illegal conduct liable has expired, the time limit for the prosecution of a crime has expired, the official is not held criminally liable but shall be subject to an administrative disciplinary action in accordance with the law. (2) He or she is subject to administrative legal liability and an administrative disciplinary action shall be taken against him or her in accordance with the law. (3) When the oversight authority investigates the illegal conduct or crime of malfeasance in office, it needs to investigate and verify any other illegal conduct committed by the subject of investigation, of which the facts are simple and clear and against which an administrative disciplinary action shall be taken in accordance with the law. Where the oversight authority finds that a public official has committed any illegal conduct as set forth in the preceding paragraph before he or she becomes a subject of oversight, the provisions of the preceding paragraph shall apply. Article 25 An oversight authority shall legally investigate the crimes of malfeasance in office as set forth in subparagraph (2) of Article 11 of the Oversight Law. Article 26 An oversight authority shall legally investigate the suspected crimes of corruption and bribery, including the crime of corruption, the crime of misappropriating public funds, the crime of accepting bribes, the crime of accepting bribes committed by an entity, the crime of accepting bribes by taking advantage of influence, the crime of offering bribes, the crime of offering bribes to an influential person, the crime of offering bribes to an entity, the crime of introducing another person to commit bribery, the crime of offering bribes committed by an entity, the crime of holding a huge amount of properties from unknown sources, the crime of concealing overseas deposits, the crime of privately distributing state-owned assets, the crime of privately distributing fines and confiscated goods, the crime of embezzlement and the crime of misappropriating funds committed by any public official in the exercise of public power, the crime of bribing any foreign public official or official of an international public organization, the crime of accepting bribes committed by any non-state employee, and the associated crime of offering bribes to any non-state employee. Article 27 An oversight authority shall legally investigate the suspected crimes of abusing power committed by public officials, including the crime of abusing power, the crime of abusing power committed by any employee of a state-owned company, enterprise or public institution, the crime of abusing power to manage a company and securities, the crime of malpractice in food and drug regulation, the crime of intentionally divulging any state secret, the crime of retaliation and frame-up, the crime of obstructing the rescue of any woman or child who is abducted and trafficked in or kidnapped, the crime of helping a criminal avoid punishment, the crime of illegally issuing a logging permit in violation of any law, the crime of handling an exit or entry certificate for any person illegally crossing state (or border) lines, the crime of releasing any person illegally crossing state (or border) lines, the crime of misappropriating specific funds and property, the crime of illegally depriving a citizen's right to religious beliefs, the crime of encroaching on any minority nationality's customs or habits, the crime of persecuting and retaliating against any accountant or statistician, and the crime of false imprisonment or maltreatment of the subject of oversight or illegal search committed by any public official other than judicial staff members by taking advantage of his or her functions and powers. Article 28 An oversight authority shall legally investigate the suspected crimes of negligence of duty committed by public officials, including the crime of negligence of duty, the crime of negligence of duty committed by any employee of a state-owned company, enterprise or public institution, the crime of being defrauded in signing or performing a contract for negligence of duty, the crime of being defrauded in signing or performing a contract for negligence of duty committed by any employee of a state authority, the crime of negligence of duty in environment regulation, the crime of negligence of duty in the prevention and control of an infectious disease, the crime of negligence of duty in commodity inspection, the crime of negligence of duty in animal and plant quarantine, the crime of failing to rescue a woman or child who is abducted and trafficked in or kidnapped, the crime of causing damage to or loss of a precious cultural relic for negligence of duty, and the crime of divulging any state secret by negligence. Article 29 An oversight authority shall legally investigate the suspected crimes of practicing favoritism and making falsification committed by public officials, including the crime of practicing favoritism and making falsification in converting state-owned assets into shares or selling them at a low price, the crime of illegally approving land expropriation, requisition or occupation, the crime of illegally transferring the right to use state-owned land at a low price, the crime of illegally engaging in a similar business, the crime of illegally seeking benefits for a relative or friend, the crime of perverting the law in arbitration, the crime of practicing favoritism and making falsification in the sale of invoices, tax offset, or export tax refund, the crime of practicing favoritism and making falsification in commodity inspection, the crime of practicing favoritism and making falsification in animal and plant quarantine, the crime of conniving at smuggling, the crime of conniving at the criminal conduct of producing and selling fake and shoddy commodities, the crime of practicing favoritism and making falsification in recruiting a civil servant or student, the crime of practicing favoritism and making falsification in failing to transfer a criminal case, the crime of illegally providing a certificate for export tax refund, and the crime of practicing favoritism and making falsification in failing to impose or impose less tax. Article 30 An oversight authority shall legally investigate the crimes of causing serious accidents by negligence in the exercise of public power in accordance with the law, including the crime of causing a serious accident by negligence, the crime of causing a major safety accident in educational facilities, the crime of causing a fire control accident by negligence, the crime of causing a major labor safety accident, the crime of forcing by an order or organizing another person to conduct risky operations in violation of rules, the crime of conducting dangerous operation, the crime of failing to report or making a false report on any safety accident, the crime of causing a railway operation safety accident, the crime of causing a major air accident, the crime of causing a major safety accident in a large-scale mass activity, the crime of causing the control of dangerous articles, and the crime of causing a major safety accident in an engineering project. Article 31 An oversight authority shall legally investigate other crimes committed by public officials in the exercise of public power, including the crime of undermining the election, the crime of damaging the interests of a listed company in violation of fiduciary duty, the crime of buying counterfeit money or trading counterfeit money for real money committed by an employee of a financial institution, the crime of using undisclosed information for trading, the crime of deluding any investor into buying or selling a securities or futures contract, the crime of using any entrusted property in violation of fiduciary duty, the crime of illegally utilizing funds, the crime of illegally granting a loan, the crime of failing to enter the funds absorbed from clients into accounts, the crime of issuing a financial instrument in violation of any provision, the crime of accepting, paying or providing guarantee for any illegal negotiable instrument, the crime of illegally transferring or scalping the land use right, the crime of privately opening, hiding or destroying a mail or telegram, the crime of intentionally delaying the delivery of a mail, the crime of divulging case information which shall not be made public, the crime of disclosing or reporting case information which shall not be made public, and the crime of enlisting any unqualified soldier. Article 32 Where an oversight authority discovers any clue to any illegal or criminal conduct under the jurisdiction of any other authority in accordance with the law, it shall transfer such a clue to the authority having jurisdiction in a timely manner. After the end of investigation of the oversight authority, if the subject of investigation or the person involved in the case shall be subject to administrative punishment or be handled otherwise, the oversight authority shall transfer the case to the relevant authority in accordance with the law. Section 4 Oversight Disposition Article 33 The oversight authority shall, in accordance with the Oversight Law, the Law on Administrative Disciplinary Actions and other applicable provisions, make an administrative disciplinary action decision against a public official who commits any illegal conduct. Article 34 When the oversight authority holds the public official who commits any illegal conduct directly liable, it shall, in accordance with the law, hold liable the leader who performs his or her duties in an ineffective manner or neglects his or her duty, causing serious consequences or adverse effects. The oversight authority shall form an investigation group to conduct accountability investigation in accordance with the law. An investigation report shall be formed through group discussion after the completion of investigation, the oversight authority shall directly make a decision to hold the violator liable according to the administrative power if accountability is required, or offer accountability recommendations in writing to the authority or entity that has the right to make the accountability decision. Article 35 As to any official suspected of any crime of malfeasance in office, if the oversight authority deems upon investigation that the facts of the crime are clear and the evidence is definitive and sufficient, and the official shall be held criminally liable, it shall transfer the case to the people's procuratorate for examination and initiation of prosecution in accordance with the law. Article 36 Where an oversight authority finds on the basis of supervision and investigation results that the entity where the subject of oversight works has problems in such aspects as building a clean government, checks and balances of powers, supervision and administration, implementation of rules, and performance of duties, which requires rectification and correction, the oversight authority shall offer oversight recommendations in accordance with the law. The oversight authority shall keep track of the adoption of oversight recommendations, guide and urge relevant entities to make rectification within a prescribed time limit, and promote the effective implementation of oversight recommendations. Chapter III Oversight Scope and Jurisdiction Section 1 Subject of Oversight Article 37 The oversight authority shall oversee all public officials exercising public power in accordance with the law to realize the comprehensive coverage of state oversight. Article 38 For the purposes of subparagraph (1) of Article 15 of the Oversight Law, the scope of civil servants shall be determined in accordance with the Civil Servant Law of the People's Republic of China (hereinafter referred to as the “Civil Servant Law”). For the purposes of subparagraph (1) of Article 15 of the Oversight Law, the personnel administered by reference to the Civil Servant Law means the staff members of relevant entities who are administered by reference to the Civil Servant Law upon approval. Article 39 For the purposes of subparagraph (2) of Article 15 of the Oversight Law, “personnel providing public services in the organizations that manage public affairs as empowered by laws and regulations or lawfully entrusted by state authorities” means the personnel in the aforesaid organizations who perform organization, leadership, administration, supervision and other duties for public affairs, including the personnel undertaking public duties in such organizations as industry associations that have the functions of managing public affairs, and the personnel undertaking public duties in statutory inspection, testing, quarantine and other institutions, except for the personnel managed by reference to the Civil Servant Law. Article 40 For the purposes of subparagraph (3) of Article 15 of the Oversight Law, “managers of state-owned enterprises” means the following personnel of enterprises funded by the state. (1) Personnel performing such duties as organization, leadership, administration and supervision in wholly state-owned companies and enterprises. (2) Personnel who perform such duties as organization, leadership, administration and supervision in the companies and enterprises where the state holds controlling or non-controlling shares and their branches upon nomination, recommendation, appointment and approval by Party organizations or state authorities, wholly state-owned companies and enterprises, and public institutions. (3) Personnel engaging in organization, leadership, administration, supervision and other work in the companies where the state holds controlling or non-controlling shares and their branches, as approved or decided upon deliberation by the organizations responsible for the administration and supervision of state-owned assets of state-funded enterprises. Article 41 For the purposes of subparagraph (4) of Article 15 of the Oversight Law, “management personnel of state-run education, scientific research, culture, medical treatment and health care, sports, and other entities” means the personnel engaging in organization, leadership, administration, supervision and other work in education, scientific research, culture, medical treatment and health care, sports and other public institutions sponsored by state authorities or other organizations by using state-owned assets for the purpose of public welfare. Article 42 For the purposes of subparagraph (5) of Article 15 of the Oversight Law, “persons engaging in management at basic self-governing mass organizations” means the following personnel of such organizations: (1) Personnel engaging in the management of collective affairs and public welfare undertakings. (2) Personnel engaging in the management of collective funds, assets, and resources. (3) Personnel who assist people's governments in administration, including the administration of funds and materials for disaster relief, epidemic prevention, emergency rescue, flood prevention, veteran benefits, help and assistance, migration and social relief, the management of funds and materials donated by the society for public welfare undertakings, the operation and administration of state-owned land, the management of compensation fees for land expropriation and requisition, the commissioned collection and payment of taxes, the work concerning family planning, household registration and conscription, and assisting the people's governments and other state authorities in conducting other administrative work in basic self-governing mass organizations. Article 43 The following personnel fall under other personnel performing official duties as mentioned in subparagraph (6) of Article 15 of the Oversight Law: (1) Deputies to the people's congress at any level who perform duties for the people's congress, and members of the committee at any level of the Chinese People's Political Consultative Conference, people's assessors and people's supervisors who perform public duties. (2) Personnel who are not staff members of the Party and government organs but provide public services in the Party and government organs. (3) Personnel who are nominated, recommended, appointed, or approved, among others, by the CPC or state authorities, wholly state-owned companies or enterprises, organizations responsible for the administration and supervision of state-owned and collective assets in state-funded enterprises, and public institutions to engage in organization, leadership, administration, supervision and other work in collective economic organizations and other entities and organizations. (4) Personnel who temporarily perform such duties as organization, leadership, administration and supervision of public affairs on behalf of state authorities, wholly state-owned companies or enterprises, public institutions, or people's organizations in legally established bid evaluation, negotiation, price bidding and other organizations. (5) Other personnel who exercise public power in accordance with the law. Article 44 Where a relevant authority, entity, or organization collectively makes an illegal decision or commits any illegal conduct, the oversight authority shall legally hold liable any public official among liable leaders and directly liable persons in accordance with the law. Section 2 Jurisdiction Article 45 The oversight authority shall conduct supervision, investigation and disposition under the principle of integrating administrative power with territorial jurisdiction, and implement a hierarchical responsibility system. Article 46 An oversight commission at or above the level of a districted city shall, according to its administrative power, legally exercise jurisdiction over the cases on suspected illegal conduct and crimes of malfeasance in office committed by public officials under the administration of the Party committee at the same level. The oversight commission at the county level or the oversight commission of a district (or county) under the jurisdiction of a municipality directly under the Central Government shall, according to its administrative power, legally exercise jurisdiction over cases on suspected illegal conduct and crimes of malfeasance in office committed by public officials within its jurisdiction. A local oversight commission at any level may, in accordance with Articles 13 and 49 of this Regulation, legally exercise jurisdiction over a case on suspected illegal conduct or crime of malfeasance in office committed by the relevant public official whose employer is within the jurisdiction. The oversight authority which investigates a case on suspected crime of malfeasance in office committed by a public official may also legally exercise jurisdiction over the non-public official involved in the suspected crime of offering bribes, introducing another person to commit bribery or joint crime of malfeasance in office. If a non-public official is suspected of the crime of accepting bribes by using his or her influence, the jurisdiction shall be determined according to the administrative power of the public official exercised by him or her. Article 47 Where a case on the illegal conduct or crime of malfeasance in office under the jurisdiction of an oversight authority at the next lower level falls under any of the following circumstances, the oversight authority at a higher level may exercise higher-level jurisdiction in accordance with the law: (1) The case has a significant impact within the jurisdiction. (2) The case involves any subject of oversight under the jurisdiction of many oversight authorities at a lower level, and it is difficult to conduct investigation. (3) Any other major or complicated case requiring higher-level jurisdiction. The oversight authority at a higher level may, when necessary, directly investigate, or organize, direct or participate in the investigation of a case which has a significant impact within the scope of jurisdiction of the subordinate oversight authority at any level. Where a case on the illegal conduct or crime of malfeasance in office under the jurisdiction of a local oversight authority at any level falls under any circumstance as set forth in paragraph 1, it may legally request the oversight authority at a higher level to exercise jurisdiction in accordance with the law. Article 48 The oversight authority at a higher level may legally designate the oversight authority at a lower level to exercise jurisdiction over a case under its jurisdiction. Where the oversight commission at the level of a districted city designates the oversight commission at a lower level to exercise jurisdiction over a case on the suspected illegal conduct or crime of malfeasance in office committed by a public official administered by the Party committee at the same level, it shall file a report with the provincial oversight commission for approval. If the provincial oversight commission designates the oversight commission at a lower level to exercise jurisdiction over a case on the suspected illegal conduct or crime of malfeasance in office committed by a public official administered by the Party committee at the same level, it shall file a report with the relevant supervision and inspection department of the National Oversight Commission for recordation. Where a case on the illegal conduct or crime of malfeasance in office under the jurisdiction of an oversight authority at a lower level falls under any of the following circumstances, if the oversight authority at a higher level deems that it is more appropriate for another oversight authority at a lower level to exercise jurisdiction, the oversight authority at a higher level may legally designate another oversight authority at a lower level to exercise jurisdiction: (1) There is any dispute over jurisdiction. (2) The designation of jurisdiction is conducive to the impartial handling of the case. (3) The oversight authority at a lower level files a request for the designation of jurisdiction. (4) Any other circumstance where jurisdiction needs to be designated. The designated oversight authority at a lower level shall not redesignate the jurisdiction of the case without the approval of the oversight authority which designated the jurisdiction. If it finds any new clue to the illegal conduct or crime of malfeasance in office, or any other important information or major issue, it shall promptly file a request for instructions and a report with the oversight authority that designated the jurisdiction. Article 49 Where a public official whose employer locates in an area or whose competent department has the administrative power is suspected of any illegal conduct or crime of malfeasance in office, the case shall generally fall under the jurisdiction of the oversight body or oversight commissioners stationed at the competent department and having jurisdiction. Through consultation, the oversight body or oversight commissioners may transfer the case to the local oversight commission at the place where the public official's employer is located for investigation in accordance with the relevant provisions, or conduct joint investigation with the local oversight commission. If the local oversight commission finds any clue to issues relating to the aforesaid public official in its work, it shall notify the oversight body or oversight commissioners stationed at the competent department and having jurisdiction, and determine the jurisdiction through consultation. A case in which any other public official of an entity specified in the preceding paragraph is suspected of any illegal conduct or crime of malfeasance in office may fall under the jurisdiction of the local oversight commission. The oversight body or oversight commissioners stationed at the competent department which dockets a case on its own for investigation shall notify the local oversight commission in a timely manner. When investigating a case as provided for in the preceding two paragraphs, the local oversight commission shall notify the oversight body or oversight commissioners stationed at the competent department of such important information as case docketing, detention, transfer for investigation and initiation of prosecution, and dismissal of the case. Article 50 Where a case handled by an oversight authority involves a subject of oversight of another oversight authority without the subordination relationship, and the oversight authority deems it necessary to docket a case for investigation, the oversight authority shall request the oversight authority with administrative power to docket the case for investigation in accordance with the law. The oversight authority shall, when filing a request for docketing a case, provide the basic information on the person involved in the case, ascertained facts of the suspected illegal or criminal conduct, and the relevant evidentiary materials. Where the oversight authority handling the case is of the opinion that it is more appropriate for it to conduct investigation, it may request the oversight authority at a higher level having the right to make a decision to designate jurisdiction. Article 51 Where a public official is suspected of any illegal conduct or crime of malfeasance in office such as corruption, bribery, dereliction of duty and malfeasance, and is also suspected of a crime under the jurisdiction of the public security authority, the people's procuratorate or any other authority, which shall be primarily investigated by the oversight authority in accordance with the law, the case shall be docketed by the oversight authority and other authority respectively according to their power. The oversight authority shall undertake organization and coordination duties and coordinate important matters such as the work progress of investigation and criminal investigation, and the adoption of important investigation and criminal investigation measures. Article 52 The oversight authority may, when necessary, legally investigate any suspected false imprisonment, extorting a confession by torture, illegal search, or any other crime that infringes upon the rights of any citizen or impairs judicial justice committed by any judicial official taking advantage of his or her power, and notify the people's procuratorate at the same level in a timely manner after docketing a case. The oversight authority may, during the investigation into any suspected crime of malfeasance in office such as corruption and bribery committed by any judicial official, investigate his or her suspected crime as mentioned in the preceding paragraph and promptly notify the people's procuratorate at the same level. If a people's procuratorate discovers when handling a case directly accepted for criminal investigation that the criminal suspect is also suspected of any other crime of malfeasance in office under the jurisdiction of the oversight authority, and upon communication, transfers the entire case to the oversight authority for jurisdiction, the oversight authority shall conduct investigation in accordance with the law. Article 53 The oversight authority may, in accordance with the law, legally investigate any suspected illegal conduct or crime of malfeasance in office committed by any retired public official before or after his or her retirement or by any public official who left office or died during his or her performance of duties. For the personnel as mentioned in the preceding paragraph, the oversight authority having jurisdiction shall be determined according to the provisions on jurisdiction over their original positions; or if it is more appropriate for any other oversight authority to exercise jurisdiction, any other oversight authority may be legally designated or assigned to exercise jurisdiction. Chapter IV Oversight Authority Section 1 General Requirements Article 54 The oversight authority shall strengthen the standardized construction of supervision, law enforcement and investigation, examine, approve and oversee oversight measures in strict accordance with the applicable provisions, take relevant measures according to the statutory scope, procedures and time limit, and issue and serve upon legal instruments. Article 55 The oversight authority may, in the course of preliminary verification, take the measures of holding talks, interviews, inquiries, obtainment, survey and inspection and identification in accordance with the law; and after a case is docketed, it may take the measures of interrogation, detention, freezing, search, placement under seal, impoundment and wanted for arrest. If it is necessary to take the measures of technical investigation or restricting exit from China, the oversight authority shall transfer the case to the relevant authority for execution according the applicable provisions. The oversight authority at or below the level of a districted city shall not take technical investigation measures in the course of preliminary verification. The relevant oversight measures may be legally taken according to the specific circumstances in accountability investigation. Article 56 Audio or video recordings of the entire process of investigation and evidence collection such as interrogation, search, placement under seal, impoundment and important talks and interviews shall be made, and the completeness of audio or video recordings shall be maintained. Audio or video recordings shall be properly kept, archived in a timely manner, and retained for future reference. Where the people's procuratorate or the people's court needs to obtain synchronized audio or video recordings, the oversight authority shall cooperate and legally provide them with approval. Article 57 Where it is necessary to request any other oversight authority to assist in collecting evidentiary materials, a Letter of Entrusting Investigation shall be issued in accordance with the law. If it is necessary to request any other oversight authority to provide general assistance to taking measures, a Letter of Requesting Assistance in Taking Measures shall be issued in accordance with the law. If a request for assistance involves the subject of oversight under the jurisdiction of the oversight authority at the place where assistance is provided, the oversight authority at the place where assistance is provided shall report the case for approval according to the administrative power of the person involved. The oversight authority at the place where assistance is provided shall assist and cooperate in accordance with the law as for a request for assistance. Article 58 Where it is necessary to inform or notify the relevant person of oversight measures, it shall handle the matter according to law. The person may be informed orally or in writing, and a notice shall be given in writing. If the person is informed orally, work records of the relevant information shall be made. If the person is informed or notified in writing, it may be served upon by direct delivery, mail, handover or other means, and the relevant return receipts or vouchers shall be attached to case files. Where is impossible to inform or notify the relevant person, or the relevant person refuses to receive it, the investigators shall note it on the work records or the relevant documents. Section 2 Evidence Article 59 All materials that may be used to prove the facts of a case are evidence, including: (1) physical evidence; (2) documentary evidence; (3) witness testimony; (4) statements of the victim; (5) statements, confession and arguments of the subject of investigation; (6) identification opinion; (7) transcripts of survey and inspection, identification, and investigative reenactment, among others; and (8) audiovisual recordings and electronic data. The oversight authority that collects and obtains evidence from a relevant entity or individual shall inform the entity or individual that it or he shall truthfully provide evidence in accordance with the law. Whoever fails to provide the relevant materials as required, divulges the relevant information, forges, conceals or destroys evidence, provides false information, or obstructs any other person from providing evidence shall be held legally liable in accordance with the law. Evidentiary materials collected by the oversight authority in accordance with the Oversight Law and this Regulation may be used as evidence in criminal proceedings if they satisfy statutory requirements upon examination. Article 60 The oversight authority shall determine case facts based on evidence, collect and fix in a comprehensive and objective manner the evidence on whether the subject of investigation has committed any illegal or criminal conduct and the seriousness of circumstances, and form a mutually corroborative, complete, and stable chain of evidence. Case facts cannot be determined merely based on the statements or confession of the subject of investigation without other evidence. Case facts may be determined if the evidence complies with statutory standards although the subject of investigation makes no statement or confession. Article 61 Evidence may serve as the basis for concluding a case only if it has been substantiated. Evidence shall be examined and determined in light of the specific circumstances of the case, and comprehensive judgment shall be made in light of the relevancy between evidence and facts to be proved, the relations between all evidence, whether evidence is collected according to statutory procedures, and other aspects. Article 62 The investigation of a case on illegal conduct of malfeasance in office concluded by the oversight authority shall be based on clear facts and irrefutable evidence. Irrefutable evidence shall meet the following conditions: (1) The facts for the determination of nature and disposition are all proved by evidence. (2) The evidence for concluding the case is true and legal. (3) There are no contradictions among the evidence used to conclude the case that cannot be precluded. (4) All the evidence for the case as a whole shows that the determined facts are clear and convincing. Article 63 The investigation of a case on crime of malfeasance in office concluded by the oversight authority shall be based on clear facts and definitive and sufficient evidence. Definitive and sufficient evidence shall meet the following conditions: (1) The facts for conviction and sentencing are all proved by evidence. (2) All evidence used to conclude a case has been substantiated according to statutory procedures. (3) The facts determined are beyond reasonable doubt based on evidence in the entire case. Where the evidence is insufficient, the case shall not be transferred to the people's procuratorate for examination and initiation of prosecution. Article 64 The collection of evidence by violence, threat, enticement, fraud, illegal restriction on personal freedom or other illegal means is prohibited. Insult to, abuse, maltreatment, physical punishment or physical punishment in any disguised form of the subject of investigation, the person involved in the case and the witness is prohibited. Article 65 The confession of the subject of investigation, the testimony of the witness, and the statements of the victim collected by investigators by violence, threat, illegal restriction on personal freedom, or other illegal means shall be excluded in accordance with the law. For the purposes of the preceding paragraph, “violence” means confession, testimony and statements made against the will as a result of unbearable suffering inflicted by beating, illegal use of restraints, or other methods, or by the execrable means of disguised corporal punishment. “Threat” means confession, testimony and statements made against the will as a result of unbearable suffering inflicted by the method of violence, serious damage to the lawful rights and interests of the subject of investigation and his or her close relatives, among others. Where any physical or documentary evidence is not collected under the statutory procedures, which may seriously affect the impartial handling of the case, supplement or correction shall be made or a reasonable interpretation shall be made; otherwise, such evidence shall be excluded. Article 66 Where the supervision and inspection, investigation, case trial, case supervision and administration, or any other department of the oversight authority finds that any oversight official may have collected evidence by illegal means when handling a case, the department shall conduct investigation and verification according to its duties. If the subject of investigation files an accusation or report that any investigator collects evidence by illegal means and provides the person, time, place, method, content, and other materials or clues in relation to the suspected illegal obtainment of evidence, the materials or clues shall be accepted and examined. If it is impossible to prove the legality of evidence collection based on existing materials, investigation and verification shall be conducted. Where the evidence collected by illegal means is confirmed or cannot be excluded upon investigation and verification, the relevant evidence shall be excluded in accordance with the law and shall not be taken as the basis for determining the nature of the case or transferring the case for examination and initiation of prosecution. If it is determined that any investigator collects evidence in an illegal manner, it shall be handled in accordance with the law, and another investigator may be designated to conduct investigation and collect evidence once again. Where the oversight authority receives an accusation or report for which the evidence is collected by the investigators of the oversight authority at a lower level by illegal means, it may directly conduct investigation and verification, or transfer it to the oversight authority at a lower level for investigation and verification. If the accusation or report is transferred to the oversight authority at a lower level for investigation and verification, the oversight authority at a lower level shall report the investigation result to the oversight authority at a higher level in a timely manner. Article 67 The evidentiary materials collected and the properties impounded shall be properly kept, handover and transfer formalities shall be strictly undergone, accounts shall be checked and verified on a periodical basis, and the evidentiary materials and properties shall not be illegally used, replaced, destroyed or disposed of in violation of any provision. Article 68 The oversight authority may use as evidence the physical evidence, documentary evidence, audiovisual recordings, electronic data, survey, inspection and other transcripts, identification opinion and other evidentiary materials collected by an administrative authority in the process of administrative law enforcement and case investigation and handling, which satisfy the statutory requirements upon examination. Evidentiary materials collected in administrative law enforcement and case investigation and handling by organizations exercising the power of administrative management of the state in accordance with the relevant provisions of laws and administrative regulations shall be deemed as evidentiary materials collected by administrative authorities. Article 69 The oversight authority may use as evidence the physical evidence, documentary evidence, audiovisual recordings, electronic data, survey, inspection, identification, investigative reenactment and other transcripts, identification opinion and other evidentiary materials collected by the people's court, people's procuratorate, public security authority, or state security authority, among others, in criminal proceedings, which satisfy the statutory requirements upon examination. When the oversight authority handles a case on illegal conduct of malfeasance in office, it may directly use as evidence the evidentiary materials adopted in an effective criminal judgment or ruling rendered by a people's court or a decision made by a people's procuratorate on not to initiate prosecution. Section 3 Talk Article 70 The oversight authority may, in the process of handling clues to issues, preliminary verification, and case docketing for investigation, hold a talk with the subject of oversight who is suspected of any illegal conduct of malfeasance in office in accordance with the law, requiring him or her to provide a truthful explanation or make statements. The talk shall be held individually. Not less than two persons shall be assigned for the talk. Article 71 Clues to general problems may be handled by holding talks, and the subject of oversight shall be given a warning, criticized and educated. The talk shall be held at a workplace or any other place, the matters of the talk shall be clearly informed, attention shall be paid to specifying the problems and achieving educational effects. Article 72 Where clues to issues are handled through talks, with approval, a talk may be held by the oversight official or the entrusted primary person in charge of the entity where the subject of talk works. With respect to a talk held by the oversight authority, talk transcripts or records shall be made. After the end of the talk, the subject of talk may be required to make a written explanation within 15 working days, if necessary. The subject of talk shall sign each page of the written explanation and affix his or her signature at the amendment. In the case of a talk upon entrustment, the entrusted person shall hold a talk within 15 days after receiving the letter of entrustment. After the end of the talk, the materials on the talk shall be formed in a timely manner and submitted to the oversight authority, which shall, if necessary, attach the written statement of the subject of talk. Article 73 When conducting preliminary verification, the oversight authority shall generally not contact the subject of verification; if it is indeed necessary to hold a talk with the subject of verification, a report shall be filed for approval in accordance with the relevant provisions. Article 74 The oversight authority may legally hold a talk with the subject of investigation who is suspected of any illegal conduct of malfeasance in office after docketing the case. When holding a talk with the subject of investigation for the first time, the oversight authority shall present the Notification of Rights and Obligations of the Subject of Investigation, to which the subject of investigation shall affix his or her signature and fingerprint. If the subject of investigation refuses to affix his or her signature or fingerprint, the investigators shall note it on the documents. If the personal freedom of the subject of investigation is not restricted, the Talk Notice shall be issued at the time of first talk. When a talk is held with the subject of investigation suspected of any serious illegal conduct of malfeasance in office, synchronous audio or video recordings shall be made during the entire process, and the subject of investigation shall be informed. The notification shall be reflected in the audio or video recordings and noted in transcripts. Article 75 After the case is docketed, the talk with the subject of investigation whose personal freedom is not restricted shall be held at a place with safety conditions. Where the investigators notify the entity where the subject of investigation works to dispatch personnel or the family member of the subject of investigation to accompany the subject of investigation to a designated place in accordance with the relevant provisions, the investigators shall undergo handover formalities with the accompanying personnel and enter the Accompanying Delivery Sheet. Article 76 Talk between the investigators and the detained subject of investigation shall be conducted at the place of detention under statutory procedures. The investigators holding a talk with the detained criminal suspect or defendant shall, based on the letter of introduction and work certificate issued in the name of the oversight authority, request the authority in charge of the relevant case to assist in handling in accordance with the law. The investigators shall hold a talk with the person serving a sentence in a detention house or prison based on a letter of introduction and a work certificate issued in the name of the oversight authority. Article 77 The talk with the subject of investigation shall be conducted at a reasonable time, and the length shall be controlled to ensure the person's diet and necessary rest. Article 78 Talk transcripts shall be made at the talk site. Transcripts shall be detailed and specific, and truthfully reflect the talk information. Transcripts shall, after being made, be handed over to the subject of investigation for verification. If the subject of investigation is illiterate, the transcripts shall be read to him or her. Where there is any omission or error in the transcripts, supplement or correction shall be made, and the subject of investigation shall affix his or her fingerprint to the place of supplement or correction. After confirming that the transcripts are free of errors, the subject of investigation shall affix his or her signature and fingerprint to each page of the transcripts. If the subject of investigation refuses to affix his or her signature or fingerprint, the investigators shall note it in the transcripts. The investigators shall also sign the transcripts. Article 79 Where the subject of investigation requests the preparation of explanatory materials by himself or herself, it shall be permitted. When necessary, the investigators may require the subject of investigation to prepare explanatory materials by himself or herself. The subject of investigation shall affix his or her signature or fingerprint to each page of the explanatory materials, and indicate the date on the last page. In the case of any amendment to the explanatory materials, the fingerprint shall be affixed to the place of amendment. The explanatory materials shall be received by two investigators, and the date of receipt shall be indicated and name shall be signed on the first page. Article 80 The provisions of Articles 74 through 79 of this Regulation shall also apply to talks held in the preliminary verification. Section 4 Interrogation Article 81 The oversight authority may legally interrogate the subject of investigation suspected of the crime of malfeasance in office and require him or her to truthfully confess to the suspected crime. Article 82 The detained subject of investigation shall be interrogated at the detention place. Article 83 Interrogation shall be held individually, and not less than two investigators shall be assigned. At the time of interrogation for the first time, a Notification of Rights and Obligations of the Subject of Investigation shall be presented to the subject of investigation, who shall affix his or her signature and fingerprint. If the subject of interrogation refuses to affix his or her signature or fingerprint, the investigators shall note it on the documents. If the personal freedom of the interrogated person is not restricted, the Interrogation Notice shall be issued at the time of interrogation for the first time. The person shall be interrogated generally in the following order: (1) Verifying the basic information on the interrogated person, including his or her name, former name, date of birth, place of permanent household registration, identity certificate number, ethnicity, occupation, political background, education background, employer and position, domicile, family information, social experience, and whether he or she is a deputy to a people's congress or a member of a committee of the Chinese People's Political Consultative Conference, whether he or she has received any Party discipline or administrative disciplinary action, or any criminal punishment, among others. (2) Informing the interrogated person that he or she may be given a lenient punishment in accordance with the law if he or she truthfully confesses to his or her crime and the provisions on the admission of guilt and acceptance of punishment. (3) When the interrogated person is interrogated as to whether he or she commits any criminal conduct, he or she shall be allowed to continuously state the facts of his or her guilt or the justification for his or her innocence. The questions of the investigators shall be related to the case under investigation. The interrogated person shall truthfully answer questions raised by the investigators. The investigators shall truthfully record and diligently inspect the arguments of the interrogated person. At the time of interrogation, the interrogated person shall be informed that audio or video recordings of the interrogation will be made throughout the process. The notification information shall be reflected in audio or video recordings and recorded in the transcripts. Article 84 The provisions of Articles 75 through 79 of this Regulation shall also apply to interrogation. Section 5 Interview Article 85 The oversight authority may, after filing a report for approval as required, interview the witness, victim or any other person in accordance with the law to obtain the information on and verify relevant issues or case facts. Article 86 Where the personal freedom of a witness is not restricted, the witness may be interviewed at his or her workplace, domicile or a place proposed by him or her, or be notified that he or she shall be interviewed at a designated place. If an interview is conducted at a place proposed by the witness or designated by the investigators, it shall be stated in the transcripts. Where the investigators deems it necessary or the witness proposes that the entity where he or she works needs to dispatch personnel or his or her family member shall accompany him or her to the interview place, the handover formalities shall be undergone and the Accompanying Delivery Form shall be entered. Article 87 Interview shall be held individually. Not less than two investigators shall be assigned to be responsible for the interview. At the time of interview for the first time, the Notification of Rights and Obligations of the Witness shall be presented to the witness, who shall affix his or her signature and fingerprint. If the witness refuses to affix his or her signature or fingerprint, the investigators shall note it in the documents. If the personal freedom of the witness is not restricted, the Interview Notice shall be issued to him or her at the time of interview for the first time. At the time of interview, the identity of the witness shall be verified, the basic information on the witness shall be found out, and the witness shall be informed of the requirement of truthfully providing evidence and testimony and the legal liability for committing perjury or concealing evidence. No one may divulge case facts to the witness or obtain testimony by illegal means. When an important witness is interviewed in a case that is significant or has a social impact, audio or video recordings of the entire interview process shall be made and the witness shall be informed. The notification information shall be reflected in the audio or video recordings and stated in the transcripts. Article 88 When a juvenile is interviewed, his or her legal representative shall be notified to be present. If such notification is impossible or the legal representative is unable to be present, any other adult relative of the juvenile or a representative of his or her school, a representative of a basic organization at the place of his or her domicile, or any other relevant person shall be notified to be present. The legal representative or the relevant person shall sign the transcripts after the end of the interview. The investigators shall record the presence information. When a person who suffers hearing or speech impairment is interviewed, a person who is familiar with the sign language for the persons suffering hearing or speech impairment shall participate in the interview. The investigators shall record the information on the witness who suffers hearing or speech impairment as well as the name, employer and occupation of the interpreter in the transcripts. If the witness who does not know the local commonly used language is interviewed, an interpreter shall be provided. The interpreter shall sign the transcripts after the end of interview. Article 89 Any person who has information regarding a case shall have the obligation to testify in a truthful manner. Any witness who intentionally provides false testimony shall be held legally liable in accordance with the law. The witness or any other person shall not help the subject of investigation conceal, destroy, or forge evidence or make a false confession in collusion, or otherwise interfere with other investigation activities. Article 90 Where a witness, identification expert or victim requests protection from the oversight authority since the personal safety of him or her or his or her close relative is endangered, the oversight authority shall accept the request and conduct examination in a timely manner. If his or her personal safety is indeed endangered, the oversight authority shall take necessary protection measures. If the oversight authority discovers that any of the aforesaid circumstances exists, it shall voluntarily take protective measures. The oversight authority may take one or more of the following protective measures: (1) Not disclosing his or her true personal information, such as name, address, and employer. (2) Prohibiting particular persons from contacting the witness, identification expert, or victim and his or her close relative. (3) Taking special measures to protect the person and housing unit. (4) Taking other necessary protective measures. Where the oversight authority legally decides not to disclose the true name, address, employer, or other personal information of a witness, identification expert, or victim in accordance with the law, an assumed name may be used in the interview transcripts, and other legal documents and evidentiary materials. However, a written explanation shall be made on the use of an assumed name with an indication of security classification, and such documents shall be filed separately. Where the oversight authority requests assistance in taking protective measures, it may request the public security authority or any other relevant entity and require the relevant individual to provide assistance in accordance with the law. Article 91 The requirements of Articles 76 through 79 of this Regulation shall also apply to interview. The provision of Article 75 of this Regulation shall apply to the interview of important persons involved in the case according to the circumstances. The provisions on the interview of witnesses shall apply to the interview of the victims. Section 6 Detention Article 92 When investigating a serious illegal conduct or crime of malfeasance in office, the oversight authority may, if the provision of paragraph 1 of Article 22 of the Oversight Law is complied with, detain the subject of investigation upon approval in accordance with the law. A serious illegal conduct of malfeasance in office as prescribed in paragraph 1 of Article 22 of the Oversight Law ......