中华人民共和国统计法(修正)(二)
2009-03-24 法律英语 来源:互联网 作者: ℃7. Article 11 is changed into Article 12 and amended as: “Objects of statistical investigation concerned have the right to refuse to fill in statistical investigation forms drawn up and issued in violation of this Law and relevant state provisions.”
Add a new paragraph as the second paragraph: “It is prohibited to make use of statistical investigations to steal state secrets, infringe upon social and public interests or practise fraud.”
8. Article 13 is changed into Article 14 and a new paragraph added thereto as the third paragraph, which reads: “State statistical data shall be determined according to those as published by the State Statistical Bureau.”
9. Article 14 is changed into Article 15 and a new paragraph added thereto as the second paragraph, which reads: “Statistical organs and personnel have the duty to keep confidential business secrets known by them from the objects of statistical investigation in such statistical investigations.”
10. Article 18 is changed into Article 19 and a new paragraph added thereto as the third paragraph, which reads: “Enterprises and institutions shall keep original statistical records and statistical master-files, establish and improve systems of administration in such regards as examining and checking, handing over, and filing of statistical data.”
11. Article 19 is changed into Article 20 and Item (3) thereof amended as: “to make statistical analyses of and exercise statistical supervision over national economic and social development and to organize the accounting of national economy according to the State Council provisions.”
Add a new paragraph thereto as the second paragraph, which reads: “The Statistical Bureau shall handle state statistical information automation systems and statistical database systems.”
12. Article 22 is changed into Article 23 and amended as: “Statistical personnel have the powers:
“(1)
to require units or persons concerned to provide statistical data truthfully in accordance with state provisions;
“(2) to check the accuracy of statistical data and to ask for correction of incorrect statistical data; and
“(3) to expose and report any illegal act done in statistical investigation work.”
Add a new paragraph as the second paragraph: “In performing duties according to the provisions of the preceding paragraph and making statistical investigations, statistical personnel shall show objects of statistical investigation working certificates issued by statistical organs of people's governments at or above the county level.”
13. Article 23 is changed into Article 24 and amended as: “Statistical personnel should persist in seeking truth from facts, stick to professional ethics and possess the professional knowledge necessary for carrying out statistical tasks. Statistical organs should provide professional training and organize professional studies for statistical personnel.” 14. Before Article 25 a new paragraph is added as Article 26, which reads: “Where a leading member of locality,
14. Before Article 25 a new paragraph is added as Article 26, which reads: “Where a leading member of locality, department or unit revises or falsifies statistical data by himself, or forces or incites a statistical organ or statistical personnel to tamper with or falsify statistical data, he shall be imposed upon disciplinary sanction according to law and criticized through a circular by the statistical organ of a people's government at or above the county level.
“Where a leading member of locality, department or unit retaliates against statistical personnel who refuses or resists to tamper with or falsify statistical data, he shall be imposed upon disciplinary sanction according to law; if a crime has been constituted, criminal responsibility shall be investigated.
“Where statistical personnel involves himself in tampering with or falsifying statistical data, the statistical organ of a people's government at or above the county level shall issue a circular to criticize him and impose upon him disciplinary sanction according to law, or propose to the competent department for imposition of disciplinary sanction according to law.”
15. Article 25 is changed into Article 27 and amended as: “Where an object of statistical investigation commits any of the following illegal acts, the statistical organ of a people's government at or above the county level shall order it to make correction and issue a circular to criticize it; if the circumstances are rather serious, disciplinary sanctions may be according to law imposed upon the person in charge directly responsible and other person directly responsible.
“(1) making false entries in statistical data or concealing statistical data;
“(2) falsifying or tampering with statistical data; or
“(3) refusing to submit statistical reports or repeated late reporting of statistical data.
“Where an enterprise, institution, or self-employed industrialist or businessman who commits any of the illegal acts mentioned in the preceding paragraph, the people's government at or above the county level shall give a warning and may concurrently impose a fine. A fine may not be imposed concurrently, however, if the same offender has been fined for the same illegal act under other provisions of law.”
16. Delete Article 26, then add five new articles as Articles 28, 29, 30, 31 and 32 respectively:
(1) “Article 28 Where anyone, in violation of the provisions of this Law, tampers with or falsifies statistical data, thereby being conferred upon a honourable title, or given a material reward, or promoted, the department making relevant decisions or its higher department or the department of administrative supervision shall deprive him of his honourable title, recover the material reward or
remove him from the office to which he was promoted.”
(2) “Article 29 Where anyone makes use of statistical investigations to steal state secrets, or violates the provisions of this Law for the protection of secrets, he shall be punished according to provisions of relevant laws.
“Where anyone makes use of statistical investigations to infringe upon social and public interests or to practise fraud, the statistical organ of a people's government at or above the county level shall order him to make correction, confiscate the illegal gains, and may concurrently impose a fine; if a crime has been constituted, criminal responsibility shall be investigated according to law.”
(3) “Article 30 Where any statistical organ or personnel, in violation of the provisions of this Law, divulges single item investigation data concerning any private individual or his family, or business secrets of objects of statistical investigation, if loss or damage has been resulted in, it or he shall bear civil responsibility according to law, and the person in charge directly responsible and other person directly responsible shall be imposed upon disciplinary sanctions according to law.”
(4) “Article 31 Where a state organ, in violation of the provisions of this Law, draws up and issues statistical investigation forms without examination or filing, the statistical organ of a people's government at or above the county level shall order it to make correction and issue a circular to criticize it.”
(5) “Article 32 The State Council shall formulate measures for the administration of non governmental statistical investigations.
“In case of statistical investigations made within the territory of the People's Republic of China by organizations and individuals from aboard, prior approval shall be obtained according to the provisions of law. The State Council shall formulate specific measures therefor.”
17. This Decision comes into force on the date of promulgation. If the provisions in relevant administrative regulations and local regulations and rules, which were formulated according to the Statistical Law of the People's Republic of China prior to the implementation of this Decision, conflict with this Decision, this Decision shall prevail.
In addition, part articles shall be correspondingly adjusted and amended in wording according to this Decision.
The Statistical Law of the People's Republic of China shall be republished after being correspondingly revised according to this Decision
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