深圳经济特区行政监察工作规定 Rules of Shenzhen Special Economic Zone on the Administrative Supervision

（Adopted at the Twenty-fifth meeting of the Standing Committee of the First Shenzhen Municipal People's Congress on September 16， 1994）
颁布日期：19940916 　实施日期：19940916 　颁布单位：深圳市人大常委会

　　Article 1 In order to strengthen the administrative supervision of Shenzhen Special Economic Zone （hereinafter referred to as “Special Zone”）， improve the public administration， enhance the administrative efficiency， encourage the administrative organizations and their public servants to obey laws， observe disciplines and be honest in performing their official duties， these rules are formulated in accordance with the Regulations of the People‘s Republic of China on Administrative Supervision and the provisions of relevant laws and regulations of the State as well as the actual circumstances of Special Zone.

　　Article 2 The municipal and district supervisory departments （hereinafter referred to as the supervisory department） are the specialized agencies of the municipal and district people‘s government of Shenzhen Municipality that exercise the function of administrative supervision. They supervise the conditions that the administrative organization of the municipal or district and their public servants as well as other personnel appointed by the administrative organization implement the national laws， regulations and policies， and the decisions and commands of the administrative organizations and the administrative disciplines.

　　Article 3 The supervisory department exercises the powers of administrative supervision according to law under the leadership of the mayor of Shenzhen Municipality， head of every district and the leaders of the superior supervisory departments.

　　Article 4 The supervisory decision and proposal of the supervisory department shall be signed by the director of the Supervision Bureau. If the public servant of the supervisory department needs assistance of relevant departments because of performing duties， he shall show the authorized documents signed by the director of the Supervision Bureau.

　　Article 5 The supervisory department may employ the specially-invited and part-time supervisors. The specially-invited and part-time supervisors carry out the work according to the supervisory department‘s authorization.

　　Article 6 The supervisory department performs the following functions and duties：

　　（1） to supervise and examine that the administrative organizations， their public servants and other personnel appointed by the administrative organizations implement the national laws， regulations， policies as well as the decisions and demands of the administrative organizations；

　　（2） to accept the exposures and charges against the acts that the administrative organizations， their public servants and other personnel appointed by the administrative organizations violate the national laws， regulations and government disciplines；

　　（3） to investigate and deal with the acts that the administrative organizations， their public servants and other personnel appointed by the administrative organizations violate the national laws， regulations and government disciplines；

　　（4） to accept the appeal of the public servant of the administrative organizations and other personnel appointed by the administrative organizations for not satisfied with the administrative sanction and the appeal that shall be accepted by the supervisory department as stipulated in laws and regulations；

　　（5） to educate the public servant of the administrative organizations and other personnel appointed by the administrative organizations to obey laws， be upright and honest， and work diligently；

　　（6） to carry out disciplinary education to the public servant of the administrative organizations and other personnel appointed by the administrative organizations who have been given the disciplinary sanction；

　　（7） to accept the citizens‘ exposures a

gainst that the administrative organization has improperly given sanctions to the personnel who violated disciplines；

　　（8） to order relevant units to prevent the illegal acts or take remedial measures， while finding that the public servant of the administrative organizations and other personnel appointed by the administrative organization violate relevant provisions of the State and Special Zone to dispose of the state-owned properties illegally；

　　（9） to investigate the cases that the administrative organizations from other places in the country and staying in Shenzhen， their public servants as well as other personnel appointed by the administrative organizations violate disciplines in Shenzhen， and to transfer the investigating report and sanction suggestion to the units that the investigated persons belong to or the local supervisory department to deal with， while thinking it necessary to give administrative discipline sanction.

　　Article 7 When the supervisory department investigates and deals with the cases that the public servant of the administrative organizations and other personnel nominated by the administrative organizations violate disciplines， it has the right to give administrative disciplinary sanctions stipulated in the laws， regulations or rules to the persons who violated disciplines.

　　Article 8 The administrative disciplinary sanctions are classified as： warning， record of demerit， record of serious demerit， demotion， dismissal from post and discharged from public employment； The periods are classified as： 6 months for warning； one year for record of demerit or serious demerit； two years for demotion and dismissal from post. When the period of sanction expires， and the punished person‘s performs good， the supervisory department giving sanction shall relieve the sanction； If the punished person passes annual examination excellently or has special contribution during the sanction period， the supervisory department giving sanction may relieve the sanction ahead of the due date； If the punished person has new act violating laws and disciplines and shall deserve again disciplinary sanction during the sanction period， the new decision of sanction made under investigation by the unit that he belongs to or the supervisory department shall be enforced together with the former one. The relief of sanction shall not be regarded as resuming the former ranks and post， but the promotion of post， rank and salary level shall not be influenced by the given sanction.

　　The cases transacted by the supervisory department shall be dealt with by the supervisory department. The cases that are not transacted by the supervisory department shall be dealt with by relevant units according to the administrative power of cadres.

　　Article 9 The supervisory department shall establish institution to entertain cases of exposures against violation of disciplines， as well as receive citizens and accept their exposures.

　　Article 10 The institution for entertaining cases of discipline violation in the supervisory department shall record the exposure truly and report the serious cases of exposures against discipline violation to the director of the Supervision Bureau or the person in charge appointed by him within 24 hours. If the informer requires answer， the institution shall reply the settlement result to the informer afterwards.

　　Article 11 After receiving exposures， the supervisory department shall make analysis and rearrangement to them， and deal with them according to the following provisions：

　　（1） If it considers that the exposure reflects a violation of laws and disciplines， and there are certain evidences confirming part of the important facts， it shall place it on file for investigation；

　　（2） If it considers that the a violation of laws and disciplines， but the informer fails to provide relevant evidences or the truth of the evidence is insufficient，

it shall carry out the preliminary investigation to decide weather to place it on file or not；

　　（3） If it considers that the exposure reflects no violation of laws and disciplines， it shall destroy relevant materials. If the exposed circumstances reflect a violation of laws and disciplines but it is not serious enough to constitute a administrative disciplinary sanction， it shall criticize and educate the investigated person， and the relevant materials may be put on file for reference.

　　Article 12 The supervisory department shall keep the exposure confidential for the informer. If the public servant of the supervisory department discloses the exposure secretes， he shall be investigated for responsibilities according to law.

　　Article 13 For the cases that the supervisory department decides to place on file for investigation， the supervisory department shall inform the person in charge of the unit that the investigated person belongs to or the person in charge of it‘s superior competent department. In case the municipal supervisory department decides to place on file for investigating the director of a department of the municipal governments， other person appointed by the municipal government， the director of district government， the vice director of district， or other cases with great influence， it shall inform the mayor； In case that the district supervisory department decides to place on file for investigating to the director of a department of the district government， other person appointed by the district government， the director or vice director of the town government， or other cases with great influence within its administrative area， it shall inform the director of the district.

　　Article 14 When the supervisory department exercise the investigating power according to law， it shall observe th

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