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

e following provisions：

　　（1） to show the document of authorization signed by the director of the Supervision Bureau and credential of the investigator to the unit and individual assisting the investigation；

　　（2） to inform the person in charge of the unit that the investigated person or witness belongs to or the person in charge of its superior competent department at the same time， when the investigated person or witness is required to assist the investigation at the prescribed time and place；

　　（3） to carry out the investigation according to the procedures prescribed in the national laws and regulations， if the investigation involves national secrets.

　　Article 15 The cases placed on file for investigation formally by the supervisory department shall be concluded within 6 months from the date on which the cases are placed on file. If the cases are complicated and may not be concluded within 6 months， with an approval of the municipal or district people‘s government the periods may be extended for 3 months， and the cases with extended period approved by municipal or district government shall be reported to the superior supervisory department for record according to relevant provisions.

　　Article 16 If a case that the supervisory department placed on file for investigation ca not be concluded in the prescribed time limit， the supervisory department shall make the decision on withdrawing the case， and send the decision to relevant units and the investigated person.

　　If there is no new evidence， the withdrawn case shall not be placed on file again for the same facts.

　　Article 17 In case the public servant of the administrative organization or other person appointed by the administrative organizations falsely accuses others by means of exposure， instigating others to expose or giving false evidence， the supervisory department shall give him disciplinary sanction or bring forward the supervisory suggestion to the unit that he belongs to； If his acts constitute a crime， he shall be referred to the judicial department for investigation and prosecu

tion.

　　Article 18 When the public servant of the supervisory department investigates case of discipline violation committed by relevant person according to the functions and powers， no unit or individual may interfere. If the public servant of the administrative organizations violates the preceding paragraph and interferes in the work of the personnel dealing with the case or his superiors by the illicit means of threat， lure and so on， he shall be given disciplinary sanction by the supervisory department according to the circumstances.

　　If other state functionary violates the provisions of the first paragraph of this Article， the supervisory department shall notify the unit that he belongs to， and relevant unit shall give him disciplinary sanctions according to the circumstances.

　　Article 19 If the supervisory department faces with following circumstances when investigating case， it shall ask the public security organization according to procedures to take compulsory measures， and the public security organization shall give assistance according to legal procedures：

　　（1） Relevant party obstructs or resists the supervisors to exercise the functions and powers according to law by violence or threat of violence；

　　（2） It is necessary for the case to take criminal investigation or technical appraisement；

　　（3） It is necessary to take protective measures to relevant witnesses or preservatory measures to relevant material evidences；

　　（4） It is necessary to investigate and collect evidence from the persons in custody or the persons detained for interrogation；

　　（5） It is necessary to restrict the investigated person to leave the country.

　　Article 20 When the supervisory department inspects or investigates the cases and it is really necessary to inquire of the bank about the investigated units or individual‘s depositing and drawing conditions， or notify the bank to suspend payment， it shall ask the bank to assist in the enforcement.

　　Article 21 If the supervisory department receives a exposure， and finds that the suspect could have committed a crime after investigation， or the supervisory department believes that the investigated person is suspected to have committed a crime during the investigation of a case， it shall be transfer the case to judicial department.

　　If a judicial department receives a exposure and finds the cases of discipline violation is not under its jurisdiction after investigation， the judicial department shall transfer the case to the supervisory department. If the supervisory department receives a exposure and finds the case is not under its jurisdiction but is under other administrative departments‘ jurisdiction after investigation，the supervisory department shall transfer the case to relevant administrative competent department.

　　Article 22 When the judicial department investigates and deals with the criminal cases of the public servant of the administrative organization or other person appointed by the administrative organizations and considers that the acts of the suspect don‘t constitute a crime or the suspect is exempted from prosecution or criminal sanction though his acts constitute a crime， but he shall be given disciplinary sanction， it shall put forward the written suggestions to the supervisory department after making judgment or decision according to law.

　　When the supervisory department puts the case referred in the preceding paragraph on file for investigation， the judicial department shall provide a duplicate of relevant materials of the case to the supervisory department； Having made the decision for placing the case on file， the supervisory department may use relevant evidences according to prescribed procedures， and the judicial department shall give assistance.

　　The public servant of the administrative organizations or other person appointed by the administrative organizat

ions， who is sentenced to criminal punishment for having committed a crime or is exempted from prosecution or criminal sanction， shall be removed from office until be discharged from public employment.

　　Article 23 For the cases placed on file for investigation by the supervisory department， the investigated person has the right to defend himself and rebut the charge of the supervisory department orally or in writing. The supervisory department shall give him the right to defend himself before making supervisory decision according to law， and place relevant materials of defense and the supervisory decision together on file.

　　Article 24 If the public servant of the supervisory department has one of the following acts， the supervisory department shall criticize and inculcate him， or give him disciplinary sanction according to the circumstances； If his acts constitute a crime， he shall be referred to the judicial department and be investigated for criminal responsibilities according to law：

　　（1） to neglect the duties and cause losses；

　　（2） to abuse power for personal gain；

　　（3） to abuse power to cover up or frame others；

　　（4） to abuse power to infringe upon other‘s democratic right， personal right and property right；

　　（5） to disclose state secret；

　　（6） to disclose the exposure secrets so that the informer suffers from retaliation or other damage；

　　（7） to disclose the individual privacy of the investigated person and other relevant person and cause damage to them；

　　（8） other acts violating the national laws， regulations and these rules.

　　Article 25 The person worthy of merit in exposure shall be awarded more than 5 percent but less than 10 percent of the net amount actually recovered. The person worthy of merit in dealing with case may be given mental encouragement and material award.

　　Article 26 If supervisory decision made by the supervisory department is found to be wrong， it shall be corrected or withdrew in time； If it caused a misjudged cases， the supervisory department shall make a formal apology to the investigated person and rehabilitate his reputation； If it caused damage， the supervisory department shall give compensation to him according to law.

　　Article 27 These rules shall go into effect as of promulgation. The rules concerning the work of the Supervision Bureau of Shenzhen Municipality promulgated by the People‘s Government of Shenzhen Municipality in 1987 shall be abrogated simultaneously

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