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深圳市人民代表大会常务委员会监督条例 Regulations of The Standing Committee of Shenzhen Municipal People’s Congress on

2009-03-24 法律英语 来源:互联网 作者:
Article 58 When the Standing Committee deliberates handling plans of representatives‘ proposals and reports on handling results of representatives’ suggestions, it may invite part of proposing representatives to attend the meeting as nonvoting participants, if necessary.

  Article 59 Handling organs shall establish the system of responsibilit

y for work of handling representatives‘ proposals and suggestions, the system of inspection and supervision on handling, the system of examination and reply and the feedback system of representatives’ opinions.

  Article 60 The Standing Committee may organize representatives to inspect the work of handling representatives‘ proposals and suggestions. Representatives may address inquiries and questions on situations of handling representatives’ proposals and suggestions in accordance with laws.

  Chapter 10 Acceptance of appeals and opinions

  Article 61 The Standing Committee shall accept appeals and opinions of citizens, legal persons and other organizations against the state organs and their functionaries.

  Article 62 Related working agencies shall register appeals and opinions, and deal with them separately as follows:

  (1) To transfer them to related organs, which shall give a reply with the handling results to the appellants;

  (2) To transfer them with suggestion to related organs, which shall give a reply to the transferring organs and the appellants within a fix time limit;

  (3) To propose handling opinions, and report to the meeting of directors.

  Article 63 The meeting of directors may, according to the reports of related working agencies, advise related organs to handle and report the handling results within a fix time limit, or organize investigations, or submit to the Standing Committee for deliberation.

  Chapter 11 Supervision of Individual Case

  Article 64 The Standing Committee may carry out supervision on the specific case, which the municipal administrative organs of law enforcement or judicial organs have handled, and the handling of which is effective but is suspected of violating laws.

  The Standing Committee shall not handle a case directly.

  Article 65 Related working agencies shall register the specific case, which the municipal administrative organs of law enforcement or judicial organs have handled, and the handling of which is effective but is suspected of violating laws, make initial examination on it and report to the meeting of directors.

  Article 66 The meeting of directors may, if it deems it necessary, organize a supervisory group to investigate the specific case. The meeting of directors shall determine the members of the supervisory group of the specific case from the members of the Standing Committee, representatives and related working staff.

  Any person, who has an interest with the case, shall not be a member of the supervisory group of the specific case.

  Article 67 When the supervisory group of the specific case conducts investigations, there shall be not less than two members; Participants of investigations shall abide by related disciplines of handling the case and keep secrets in accordance with laws.

  The supervisory group of the specific case may hear reports, inquire related departments and persons, consult related materials in accordance with stipulated formalities, and borrow files of related cases to read. Related organs and persons shall give assistance and cooperation.

  Article 68 The supervisory group the specific case shall report the investigation results to the meeting of directors.

  The meeting of directors may, according to the investigation results, propose handling suggestions to related organs, or decide to submit it to the Standing Committee for deliberation.

  Article 69 When the Standing Committee deems that a specific administrative act or judicial act has violated laws upon its deliberation, it may decide to issue the legal supervisory warrant, and the administrative organs or the judicial organ shall handle it in accordance with laws within a fixed time limit, and report handling results. When it deems it necessary to investigate and certify further the fact of violations of laws, it may organize an

investigation committee of the specific issue to conduct investigations. When it deems the fact of violations of laws doesn‘t exist upon investigations, it shall inform the investigated organ in written.

  Chapter 12 Addressing Questions

  Article 70 More than five members of the Standing Committee may jointly raise written proposal of addressing questions on the Municipal People‘s Government, the Municipal Intermediate People’s Court or the Municipal People‘s Procuratorate to the Standing Committee, when the Standing Committee is in session.

  Objects, questions and contents of the addressing questions shall be written clearly in the proposal.

  Article 71 The meeting of directors shall decide to refer the proposal of addressing questions to the questioned organ to give oral reply at the plenary meeting of the Standing Committee, or to give written reply.

  When a proposal of addressing questions is to be replied

  orally, the leading person of the questioned organ shall attend the meeting to give reply; when a proposal of addressing questions is to be replied in written, the leading person of the questioned organ shall sign the reply, which the meeting of directors shall decide to print it for distribution at the meeting or to the raisers of the proposal.

  Article 72 If a simple majority members of the Standing Committee or the raisers of the proposal of addressing questions are unsatisfied with a reply, the questioned organ shall give reply anew.

  Article 73 A proposal of addressing questions shall be cancelled at the request of the proposal raisers before the meeting of directors decides to refer the proposal to the questioned organ.

  Chapter 13 Organizing Investigation Committees into Specific Questions

  Article 74 The meeting of directors or more than one fifth

  of the members of the Standing Committee may jointly raise a written proposal of organizing an investigation committee into specific questions to the Standing Committee, which shall be decided at the plenary meeting.

  Article 75 The Standing Committee shall organize investigation committees into specific questions regarding the following matters:

  (1) Acts that the Municipal People‘s Government, the Municipal Intermediate People’s Court or the Municipal People‘s Procuratorate violates the Constitution or seriously violate laws and regulations;

  (2) Acts that a state functionary, elected and appointed by the Municipal People‘s Congress or the Standing Committee, seriously violates laws or neglects his duty.

  (3) Major matters, which the masses have strong reflection on;

  (4) Other matters, which the Standing Committee deems necessary to investigate.

  Article 76 The Investigation Committee shall be composed of the Director, Vice-Director and the members, which the meeting of directors shall nominate from members of the Standing Committee and other representatives, and submit to the plenary meeting of the Standing Committee for approval.

  The Investigation Committee may invite related experts to participate in work.

  Article 77 When the Investigation Committee conducts an investigation, related citizens, legal persons or other organizations have obligations to provide information accurately. The Investigation Committee shall keep secrets in accordance with laws.

  Article 78 The Investigation Committee shall submit a report on the investigation to the Standing Committee, which may make a resolution on the investigation in accordance with the report.

  Chapter 14 Handling the Acts of Violating This Regulations

  Article 79 If a supervised organ or person subject to these regulations commits any one of the following acts, it(he) shall be investigated for administrative or legal responsibility in accordance with laws:

  (1) Failing to submit normative documents within a fixe

d time limit;

  (2) Failing to attend meeting to hear opinions and answer inquiries without reasonable ground;

  (3) Failing to report work accurately, provide information or answer questions to inspection representatives, the evaluation group through discussion, the inspection group of law enforcement, the evaluation group of consultations or the supervisory group of a specific case;

  (4) Failing to provide information or providing information inaccurately to the investigation committee into specific questions, and failing to give assistance the investigations;

  (5) Failing to handle the referred proposal, suggestion, appeal or opinion, or give reply within a fixed time limit;

  (6) Failing to satisfy a simple majority of members of the Standing Committee with a new report or a new reply to questions;

  (7) Refusing to attend meeting to report work, or to conduct consultation, or to accept addressing questions;

  (8) Refusing to implement the legal supervisory warrants.

  Article 80 The Standing Committee shall handle the acts listed in the above article as follows in the light of circumstances:

  (1) To order the related organ or responsible person to make self-criticism or circulate a notice of criticism on it(him);

  (2) To ask related organ to investigate responsible person and the leading person liable for administrative responsibilities;

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