Chapter V Supervisory Procedures Article 35 Supervisory organs shall accept and handle reports or complaints in accordance with relevant regulations. If it is not under the jurisdiction of this organ, it shall be transferred to the organ with jurisdiction for handling. Thirty-sixth supervisory organs should carry out their work in strict accordance with the procedures, and establish a working mechanism of mutual coordination and mutual restraint between the departments of problem clue disposal, investigation and trial. The supervisory organ shall strengthen the supervision and management of the whole process of investigation and disposal, and set up corresponding departments to perform management and coordination functions such as clue management, supervision and inspection, supervision and handling, and statistical analysis. Thirty-seventh supervisory organs shall, in accordance with the relevant provisions, put forward opinions on handling the clues of the objects under supervision, perform the examination and approval procedures, and deal with them in a classified manner. Clue disposal should be summarized and notified regularly, and checked and assessed regularly. Thirty-eighth clues that need to be handled by preliminary verification, the supervisory organ shall perform the examination and approval procedures according to law and set up a verification team. After preliminary verification, the verification team shall write a preliminary verification report and make recommendations. The undertaking department shall put forward opinions on classified treatment. The preliminary verification report and classified treatment opinions shall be reported to the principal responsible person of the supervisory organ for approval. Thirty-ninth after preliminary verification, the object of supervision is suspected of duty crime and needs to be investigated for legal responsibility. The supervisory organ shall go through the formalities of filing a case in accordance with the prescribed authority and procedures. After the main person in charge of the supervisory organ approves the filing of the case according to law, it shall preside over a special meeting to study and determine the investigation plan and decide the investigation measures that need to be taken. The decision to initiate an investigation shall be announced to the respondent and the relevant organizations shall be notified. Suspected of serious duty violation or duty crime, it shall notify the family of the investigated person and make it public. Article 40 Supervisory organs investigate cases of duty-related crimes, collect evidence of whether the investigated person has committed a crime and the seriousness of the case, find out the facts of the crime, and form a complete, stable and mutually corroborating evidence chain. It is strictly forbidden to collect evidence by threats, seduction, deception or other illegal means, and it is strictly forbidden to insult, abuse, abuse, corporal punishment or corporal punishment in disguised form. Article 41 When investigators take investigation measures such as interrogation, inquiry, lien, search, transfer, seizure, seizure and inspection, they shall show their certificates in accordance with regulations, issue a written notice, and form written materials such as transcripts and reports, which shall be signed and sealed by the relevant personnel. Investigators shall record and video the whole process of interrogation, search, seizure and other important evidence collection, and keep them for future reference. Forty-second investigators should strictly implement the investigation plan, and may not expand the scope of investigation or change the objects and items of investigation without authorization. Important issues in the process of investigation shall be reported according to procedures after collective research. Article 43 Where a supervisory organ adopts lien measures, it shall be decided by the collective leadership of the supervisory organ. If the supervisory organ below the city divided into districts adopts lien measures, it shall report to the supervisory organ at the next higher level for approval. The provincial supervisory organ shall report the lien measures to the National Supervisory Commission (NSC) for the record. The detention period shall not exceed three months. Under special circumstances, it can be extended once, and the extension time shall not exceed three months. If the supervisory organ below the provincial level takes lien measures, the extension of the lien time shall be reported to the supervisory organ at the next higher level for approval. If the supervisory organ finds that the lien measures are improper, it shall terminate them in time. If the supervisory organ takes lien measures, it may request the public security organ to cooperate according to the needs of the work. The public security organ shall provide assistance according to law. Article 44 After taking detention measures against the person under investigation, the unit and family members of the detained person shall be notified within 24 hours, except that evidence may be destroyed or forged, which may interfere with the testimony of witnesses or collusion and hinder the investigation. After the situation that hinders the investigation disappears, the unit and family members of the detained person shall be notified immediately. Supervisory organs shall ensure the food, rest and safety of detainees and provide medical services. Interrogation of a detained person shall reasonably arrange the time and duration of interrogation, and the interrogation record shall be read and signed by the interrogated person. If a detainee is transferred to a judicial organ for suspected crime and sentenced to public surveillance, criminal detention or fixed-term imprisonment according to law, one day of detention shall be reduced to two days of public surveillance, criminal detention or fixed-term imprisonment. Article 45 The supervisory organ shall, according to the results of supervision and investigation, take the following measures in accordance with the law: (1) Directly or by entrusting relevant organs and personnel to remind, criticize and educate public officials who violate the law on the job, order them to check or admonish them; (two) according to legal procedures for illegal public officials to make warning, demerit, demerit, demotion, dismissal, dismissal and other administrative sanctions; (three) leaders who are responsible for failing to perform or not performing their duties correctly make accountability decisions directly in accordance with the management authority, or put forward accountability suggestions to the organs that have the right to make accountability decisions; (4) If, after investigation, the supervisory organ finds that the facts of the crime are clear and the evidence is true and sufficient, it shall make a prosecution opinion and transfer it to the people's procuratorate for examination and prosecution together with the case files and evidence; (five) to put forward supervision suggestions on the problems existing in the construction of a clean government and the performance of duties in the unit where the object of supervision is located. If, after investigation, the supervisory organ has no evidence to prove that the person under investigation has committed illegal and criminal acts, it shall dismiss the case and notify the unit to which the person under investigation belongs. Article 46 After investigation, the supervisory organ shall confiscate, recover or order restitution of the illegally obtained property according to law; The property obtained from a suspected crime shall be transferred to the people's procuratorate with the case. Article 47 The People's Procuratorate shall take compulsory measures against the person under investigation in accordance with the Criminal Procedure Law of People's Republic of China (PRC). If, after examination, the people's procuratorate considers that the facts of the crime have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary. A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. The people's procuratorate decides not to prosecute a case stipulated in the Criminal Procedure Law of People's Republic of China (PRC) with the approval of the people's procuratorate at the next higher level. If the supervisory organ thinks that the decision not to prosecute is wrong, it may submit it to the people's procuratorate at the next higher level for reconsideration. Article 48 If the supervisory organ needs to continue the investigation in the process of investigating cases of corruption, bribery, dereliction of duty and other duty crimes, and if the investigated person escapes or dies, it shall continue the investigation and make a conclusion with the approval of the supervisory organ at or above the provincial level. If the person under investigation escapes, is wanted for more than one year, fails to appear in court or dies, the supervisory organ shall request the people's procuratorate to apply to the people's court for confiscation of illegal income in accordance with legal procedures. Article 49 If the object of supervision refuses to accept the decision made by the supervisory organ concerning himself, it may, within one month from the date of receiving the decision, apply to the supervisory organ that made the decision for review, and the review organ shall make a review decision within one month; If the object of supervision is still dissatisfied with the review decision, it may, within one month from the date of receiving the review decision, apply to the supervisory organ at the next higher level for review, and the review organ shall make a review decision within two months. During the review, the execution of the original decision shall not be stopped. After examination, the review organ determines that the decision is wrong, and the original handling organ shall promptly correct it. The supervision law and the criminal procedure law are not the same concept, and their specific tasks are different. The supervision law is an inspector. Investigation is different from reconnaissance. Lawyers are not allowed to intervene during the investigation. After the investigation, the results will be handed over to the price difference administration, and the criminal procedure law will be used after the transfer.
Legal objectivity:
Article 3 of the Supervision Law of People's Republic of China (PRC) * * * The supervisory committees at all levels are specialized organs that exercise state supervisory functions. According to this law, they supervise all public officials who exercise public power (hereinafter referred to as public officials), investigate job-related violations and job-related crimes, carry out clean government building and anti-corruption work, and safeguard the dignity of the Constitution and laws.