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《深圳经济特区行政监察工作规定》实施细则 Detailed Rules for the Implementation of the Rules of Shenzhen Special Economic

2009-03-24 法律英语 来源:互联网 作者:
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  (5) Having struggled with the action violating the laws and regulations and having performed a deed of merit;

  (6) Having won honor and interests for country in the international contact;

  (7) Having made other special contribution.

  Article 13 Any public servant of the supervisory department, who discloses the exposure secrete of citizen, violating the provisions of Article 12 of the Rules, shall be given appropriate disciplinary sanction by the supervisory department according to the circumstance; If the circumstance is notably slight and results in no harm, he shall be criticized and inculcated.

  Article 14 The case, which shall be informed to the mayor or the director of district as provided in Article 13 of the Rules, shall be reported to the superior supervisory department for record within 7 days from the date when the supervisory department decides to place on file.

  Article 15 After deciding to place on file for investigation, the supervisory department shall immediately inform the main leading official of the unit that the investigated person belongs to.

  If the investigated person is the main leading official of the unit that he belongs to, the supervisory department shall inform the main leading official of the superior competent department.

  Article 16 According to the provisions of the third subparagraph of Article 14 of the Rules, if the investigation involves national secret, the supervisory department shall follow the following procedures:

  (1) When looking up or copying the top secret, secret and confidential document and data, it shall strictly go through the formality of examination and approval as well as registration according to the provisions of national laws and regulations. The duplication shall be marked with the copying unit, amount of copies and date, and shall be properly preserved;

  (2) When delivering the national top secret, secret and confidential document and data, it shall go through the formality of registration, signing and receiving. The document and data shall not be delivered by the common postal

service;

  (3) The record book and notebook involving national top secret, secret and confidentiality shall be treated as secret materials and shall not be lost.

  Article 17 In case the public servant of the administrative organization or other person appointed by the administrative organization falsely accuses others by means of exposure, investigating others to expose or giving false evidence, the supervisory department shall give him disciplinary sanction according to the circumstances and the result of harm, or bring forward the supervisory suggestion of transferring him from the original work post or suspending the performance of duty to the unit that he belongs to. If the circumstance is notably slight and doesn‘t result in any harm, he shall be criticized and inculcated.

  Article 18 If the supervisory department finds that the investigated person is accused maliciously indeed during investigation, it shall quash case, make public the investigation outcome, clarify fact and eliminate influence at the unit that the investigated person belongs to, and report to relevant department in time.

  Article 19 If the money or article, which is temporally detained in the investigation of a case, but not imposed or confiscated, is found to be unrelated with the case after an examination, the supervisory department shall return it within 3 days.

  Article 20 Under one of the circumstances provided in Article 19 of the Rules, if the supervisory department investigating a case needs to ask the public security organization to take coercive measure, it shall reported it to the leading official of the people‘s government of this level for approval, and the public security organization shall give assistance according to legal procedures.

  Article 21 If the supervisory department believes that the investigated person is suspected to have committed a crime during the investigation of a case, and the case shall be transferred to the judicial department according to the provisions of Article 21 of the Rules, it shall fill in the “Notice of Transferring Case”, which shall be transferred to the judicial department with jurisdiction together with relevant evidences and materials.

  Article 22 According to the provisions of Article 23 of the Rules, the supervisory department or the unit that the investigated person belongs to shall allow the investigated person to defend himself in the following procedures:

  (1) During the investigation of a case, the investigated person may state fact and reason to the questions investigated by the supervisory department;

  (2) Before the supervisory decision is made, the investigated person may defend himself against the fact and materials determined by the supervisory department;

  (3) The supervisory decision shall be served to the investigated person in writing after it is made; If the investigated person is not satisfied with it, he may apply for reexamination or review according to the procedures provided by laws or regulations.

  The supervisory department shall make record of the statement and defense of the investigated person. The record shall be signed by the investigated person after being examined to have no mistake by him.

  The supervisory department shall examine and check each defense question of the investigated person in time. The materials relevant to defense, examination and check shall be put into the archives of the investigated person.

  Article 23 These detailed rules shall go into effect as of the date of promulgation

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