Regulation
of Shenzhen Municipality on Preventing the Crime by Taking
Advantage of Duty
|
(Adopted
at the 35th meeting of the Standing Committee of the Third
Shenzhen Municipal People' s
Congress on December 30th, 2004.
Adopted at the 16th meeting of the Standing Committee of the
10th
Guangdong Provincial People's Congress on January 19, 2005) |
|
Chapter
1
General Provisions |
Article 1
In order to enhance and standardize the prevention of
crime by taking advantage of duty, prevent and decrease the
crime by taking advantage of duty, ensure and promote the state
functionaries to fulfill their
duties justly, honestly and
loyally, these regulations are formulated according to the
Constitution,
relevant law and regulations, in combination of
the actual situations of Shenzhen. |
|
Article 2
These regulations shall apply to the prevention of the
crime by taking advantage of duty within the administration
area
of Shenzhen. |
The
crime by taking advantage of duty, which shall be prevented in
these regulations, refers to
the crime of corruption and bribery
by state functionary, the crime of malfeasance by civil servant,
the crime of infringement upon citizen' s rights of person and
democratic rights by taking advantage of duty,
and other crime
by taking advantage of duty, which are stipulated by the
Criminal Law of the People'
s Republic of China. |
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Article 3
To prevent the crime by taking advantage of duty, we shall
comply with the following principles:
basing upon education,
deepening reform, perfecting system, enhancing supervision,
seeking both
temporary and permanent solutions, governing
comprehensively, carrying out punishment and prevention
simultaneously, and attaching importance on prevention, set up
and perfect the system of preventing and punishing
the crime by
taking advantage of duty. |
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Article 4
The work of preventing the crime by taking advantage by duty
shall be contained in the overall
planning of economic and
social development, and in the working mechanism that the
establishment
units exercising their respective duties according
to law, the special organs directing, urging and supervising,
relevant functional departments assisting, and all aspects of
the society participating. |
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Chapter
2
Prevention Institution
|
Article 5 The municipal
and district working committees of preventing the crime by
taking advantage of duty
(hereinafter referred to as the
prevention working committee) shall be the discussing and
coordinating
institutions to organize the coordination of the
work of preventing the crime by taking advantage of duty within
this administrative region. The working committee of prevention
has the following functions and
duties: |
1.
organizing and coordinating the work of preventing the
crime by taking advantage of duty in this administrative region,
and working out the countermeasures and measures to prevent the
crime by taking advantage of duty; |
2.
organizing and developing the propaganda and education
concerning the prevention of crime by taking advantage of
duty,
fighting against corruption and advocating honesty; |
3.
evaluating all units' working of preventing the crime
by taking advantage of duty, and commending the advanced
collectiveness and individual in the prevention of the crime by
taking advantage of duty; |
4.
studying and deciding other issues concerning the
prevention of the crime by taking advantage of duty. |
The
prevention working committee shall be composed of the persons
chiefly in charge in the prosecutorial
organ, the adjudication
organ, the departments of auditing, public security, judicial
administration,
personnel and finance, and other relevant organs
and organizations. |
The
funds required by the propaganda and education of preventing the
crime by taking advantage of
duty shall be listed in the
financial budgets at all levels, and shall be used for the
specified
purpose. |
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Article 6
The prevention working committee shall establish a specialist
consultation committee for preventing
the crime by taking
advantage of duty to provide consultation service for preventing
the crime
by taking advantage of duty.
The specialist consultation committee shall have the
following functions and duties: |
1.
raising consultation opinions on preventing the crime by
taking advantage of duty when the government or relevant
department drafts or lays down the law, regulations, policies or
important reforming measures on
economic, social or cultural
development; |
2.
studying and testifying the system and measures to
prevent the crime by taking advantage of duty in the key
industries and fields of this municipality, and raising
improvement ideas and suggestions; |
3.
raising consultation opinions on the special prevention
work in the important economic activities concerning the
state-owned properties; |
4.
providing other consultation service for preventing the
crime by taking advantage of duty. |
The
specialist consultation committee for preventing the crime by
taking advantage of duty shall
be composed of the specialists in
the fields of politics, economy, law, finance, construction,
auditing, accounting and environment protection in the
administrative region of this municipality. |
|
Article 7
The prosecutorial organ shall undertake the daily work of the
prevention working committee at the
same level, including: |
1.
directing and supervising relevant units to develop the
prevention of the crime by taking advantage
of duty; |
2.
investigating and analyzing the happening reasons,
characteristics and rules of the crime by
taking advantage of
duty, and researching the countermeasures and measures for
preventing the crime
by taking advantage of duty; |
3.
organizing the inspection and evaluation of the work of
preventing the crime by taking advantage of duty, summarizing
and popularizing the experiences and practices in the work of
preventing the crime by taking advantage
of duty; |
4.
developing other work concerning the prevention of the
crime by taking advantage of duty. |
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Chapter
3
Prevention Liability
|
Article 8 The
government departments, state-owned enterprises, public
institutions and people' s organizations
shall bring the
prevention of the crime by taking advantage of duty into the
unit' s working target
management, implement the leader
responsibility system, and exercise the following functions and
duties: |
1.
establishing, perfecting and implementing strictly the
following systems, such as the personnel selection and
appointment, regular rotation of important post, management of
finance and economics, economic responsibility
auditing of the
unit' s person in charge in term of office and responsibility
investigation; |
2.
drawing up working plans and specific measures on the
prevention of the crime by taking advantage of duty in
combination with actual circumstances, directing, supervising
and inspecting the work of preventing
the crime by taking
advantage of duty to subordinate units; |
3.
carrying out legal, disciplinary and moral educations to
the units' working staff; |
4.
referring the case or clew, which is suspected of being
involved in the crime by taking advantage of duty, to the
prosecutorial organ to deal with in time; |
5.
other functions and duties of preventing the crime by
taking advantage of duty. |
|
Article 9
The government and its functional departments shall administer
by law, establish and perfect the
working systems of executive
decision, administration examination and approval, standardize
working
procedures, make government affairs public, and enhance
the transparency of administrative activities. |
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Article 10
The state organ, which exercises the power of criminal
investigation, prosecution or adjudication,
shall comply with
and apply the law and regulations strictly, carry out judicial
administration
justly, make public of its duty scope, case
handling procedures and complaining approach, and accept the
social supervision consciously. |
The
working staff of the state organs stipulated above may not
contact privately with any party
concerned, his deputy or
consignee, designate or introduce any service personnel of
intermediary
organ to the party concerned, or recommend relevant
business to the service personnel of intermediary organ. |
|
Article 11
State-owned enterprises shall comply with the law, regulations,
and relevant rules made by the
supervision and administration
department of state-owned property, make its enterprise affairs
public, perfect its systems of production, operation and finance
management, and set up the supervision and restriction
mechanisms on important investment, system transformation,
capital arrangement, other decision
and implementation of
important economic activity. |
The
main person in charge of state-owned enterprise shall comply
with and implement strictly relevant
regulations and systems
concerning the enterprise' s operation decision making,
allocation, finance,
bidding invitation or tender submission of
project. |
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Article 12
State functionaries shall comply with the law, regulations,
rules and other disciplinary rules
relating to their duties,
accept the education and supervision on preventing the crime by
taking
advantage of duty consciously, and may not seek for
illegal interests by taking advantage of powers or duties. |
The
state functionary, who is at leading post, may not commit any
one of the following activities: |
1.
seeking for illegal interests by taking the chance of
recruiting, employing or selecting the working staff; |
2.
interfering the judicial department or administrative
law-enforcement department in the duty performance by law,
by
taking advantage of his influence of power or duty; |
3.
making a decision arbitrarily or interfering in important
economic activity, such as the investment or construction
of
important project, capital arrangement or use, bidding
invitation or tender submission of construction
project,
assignment or transference the land-use right, or purchase; |
4.
seeking private interests for his spouse, child or
relative, conniving his spouse, child, relative or working staff
around him to commit the activity in violation of discipline or
law, or shielding them from being
discovered when they commit
the activity; |
5.
other activity in violation of discipline or law by
taking advantage of duty. |
|
Article 13
Units and individuals shall comply with the law, regulations,
rules and moral standards. No unit
or individual may seek for
interests or advantage in competition by illegal way, or commit
any
activity, which causes damage to the honesty of state
functionary' s performance of duty, or hinders the prevention
of the crime by taking advantage of duty. |
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Chapter
4
Prevention Measures |
Article 14 The
prosecutorial organ, the administrative departments of
supervision and auditing adopt the following
measures by law in
the prevention of the crime by taking advantage of duty: |
1.
analyzing and studying the unit' s management system,
where a case arises, directing, urging and supervising it to
establish and perfect relevant system, and standardize
management on the basis of the investigation
and prosecution
result to the activity in violation of discipline, law or a
crime by taking advantage
of duty; |
2.
requiring relevant department or person to explain and
describe the problem involved in the prevention of the crime
by
taking advantage of duty, and provide relevant information and
material according to the facts; |
3.
ordering relevant department or person to stop the
activity in violation of law, regulations, rules or
administrative disciplines; |
4.
suggesting relevant unit to removal the person, who is
suspected of violating law, regulations, rules or other relevant
provisions, from duty temporarily. |
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Article 15
The prosecutorial organ and the departments of supervision and
auditing shall develop special prevention
in important economic
activities, such as the assignment or transference of the use
right of state-owned
land, government procurement, construction
project with governmental investment, transference of the
property right of state-owned enterprise, and the bidding
invitation or tender submission of construction
project. |
|
Article 16
The prosecutorial organ, adjudication organ, the department of
supervision or auditing shall put
forward written prosecutorial,
judicial, supervisory or auditing advice to the unit, which has
the problem of imperfect system or disordered management, when
performing its duty by law, copy the advice to the
unit' s
superior organ or competent department at the same time, urge
and supervise the unit to
rectify. |
The
unit, which receives the advice, shall rectify seriously and
submit a written report about the
rectification to the advising
organ within 30 days upon receiving the advice. |
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Article 17
The auditing organ shall strengthen the auditing to the
government procurement, important project
with governmental
investment, administrative charge, use and management of special
fund and the
reformation of state-owned enterprise. The auditing
organ shall publicize the auditing result to the society and
accept social supervision according to relevant provisions. |
|
Article 18
The educational institution of cadre and the competent
department of personnel shall arrange the
lesson of preventing
the crime by taking advantage of duty in the training for state
functionaries,
and enhance the legal education, moral education
and the education of fighting against corruption and advocating
honesty. |
Universities,
colleges, training schools, middle schools and elementary
schools shall take the education
of fighting against corruption
and advocating honesty as a part of the legal education.
Relevant
institutions of education and research shall strengthen
the research on the countermeasures of preventing the crime
by
taking advantage of duty. |
Relevant
government departments and trade self-disciplined organizations
shall strengthen the legal
education to the operation managers
of non-state-owned enterprises or intermediary organs, and
individual units of industry and commerce, bring up their
consciousness of operating by law, good faith and
self-discipline. |
|
Article 19
News media of broadcasting, television, newspapers and
periodicals shall propagandize and report
the prevention of the
crime by taking advantage of duty in time, and create the
environment of
public opinion of honesty and good faith by all
means. |
News
media shall carry out the supervision of public opinion to state
functionaries' performance
of duty, and be responsible for the
propaganda report. Relevant unit and state functionary shall
accept the news media' s supervision consciously. |
News
reporters have the rights of gathering news materials, raising
criticisms and suggestions and
obtaining the protection of
personal safety when propagandizing or reporting the prevention
of
the crime by taking advantage of duty. |
In
case that the problem reported or reflected by the news media is
suspected of being involved
in the crime by taking advantage of
duty, relevant department shall investigate in time, and may
inform the news media of the investigation and settlement result
concerning the problem with great effect. |
|
Article 20
Units and individuals have the right of raising opinions or
suggestions to relevant unit on the
prevention of the crime by
taking advantage of duty. The relevant unit shall study and deal
with
the opinion or suggestion in time, and give written reply
to the written opinion or suggestion. |
Units
and individuals have the right to report the activity, which is
suspected of being involved
in the crime by taking advantage of
duty, to the prosecutorial organ, supervisory department or
other relevant department. The reporter shall list the main
points and corresponding evidences of his report. The
prosecutorial organ, supervisory department or other relevant
department shall investigate and
deal with the onymous report
according to relevant regulations, and inform the reporter of
the
investigation result within 3 months upon receiving the
report. |
The
prosecutorial organ, supervisory department and other relevant
department shall keep secret
for the reporter, and may not
disclose or implicate the reporter' s identity without his
consent. |
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Article 21
No unit or individual may retaliate against the reporter. |
In
case that the reporter' s or his relative' s personal or
property safety is threatened because
of the report, the
reporter may ask the department of public security for
protection. The department
public security shall adopt
corresponding protection measures when necessary. |
In
case that the report turns out to be true, and prevents state
property from damage, reduces the
loss of state property or acts
a key part in the detection of important crime by taking
advantage
of duty, relevant organ shall reward the reporter. |
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Article 22
Any unit or individual, who commits unfair competition, illegal
or criminal activity by means of
bribing, cheating or issuing
false report in the market economic activity, such as the
assignment
or transference of the use right of state-owned land,
government procurement, transference of the property right
of
state-owned enterprise, bidding invitation or tender submission
of construction project, shall
be restricted in a certain period
by relevant department from participating the economic
activities
in relevant fields of this municipality according to
regulations. |
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Chapter
5 Liability
Investigation
|
Article
23 The state organ, state-owned enterprise, public institution
or people' s organization,
which commits any one of the
following activities, shall be imposed circulated criticism and
ordered
to rectify in a limited time by its superior organ or
competent department. The unit' s person chiefly in charge
and
person directly liable shall be imposed administrative penalty
by the supervision department
or competent department if the
circumstance is serious. The criminal responsibility shall be
investigated
for if a crime is constituted. |
1.
disturbing, hindering or refusing to cooperate with the
prosecutorial organ, the supervision
or auditing department to
develop the prevention of the crime by taking advantage of duty; |
2.
refusing to make correction without proper reason after
receiving the prosecutorial, judiciary,
supervisory or auditing
advice, and causing the crime by taking advantage of duty in the
unit; |
3.
doing not investigate or dealing with the activity by taking
advantage of duty in violation of
discipline or law, which is
committed by the person of its own unit or system, doing not
transfer
the clew concerning the crime by taking advantage of
duty to the prosecutorial organ for investigation and
settlement, or concealing and doing not report the clew
intentionally; |
4.
hindering the news media to develop the supervision of public
opinion by law and causing bad
effect; |
5.
retaliating against the reporter, or causing the reporter to be
retaliated because it does not
protect the reporter according to
law; |
6.
other activity in violation of these regulations. |
|
Article 24
Any state functionary, who is at leading post, shall take the
blame and resign under any one of
the following circumstances: |
1.
doing not perform his prevention duty, causing the person of his
unit to repeatedly commit the
activity by taking advantage of
duty in his term of office, which violates the discipline or law
seriously and causes bad effect; |
2.
conniving his spouse, child or working staff around him to
commit the activity in violation of
discipline or law by taking
advantage of his duty, or shielding them from being discovered
when
committing the activity, and causing bad effect. |
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Article 25
Any state functionary, who interferes the market economic
activity, such as the bidding invitation
or tender submission of
construction project, use right assignment of operational land,
exploitation
or operation of real estate, shall be revoked his
post or dismissed by relevant department according to
corresponding regulations, and be investigated for corresponding
legal responsibility according to law. |
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Article 26
Any state functionary exercising the power of criminal
investigation, prosecution or adjudication,
who violates the
provisions of Paragraph 2, Article 10 of these regulations,
shall be imposed administrative
or disciplinary penalty by the
supervision department, relevant organization or his unit. The
state
functionary, who is elected or appointed by the municipal
or district people' s congress or the standing committee
of
people' s congress, shall be dealt with by the electing or
appointing organ at the same level
under legal procedures. The
criminal responsibility shall be investigated for according to
law
if a crime is constituted. |
|
Article 27
Anyone, who frames other person by means of reporting, shall be
investigated for corresponding
relevant legal responsibility
according to law. |
|
Article 28
In case that the prosecutorial organ, the supervision or
auditing department does not perform its
duty according to these
regulations, the persons in charge with direct liability and
other person
directly liable shall be imposed administrative
penalty by relevant department. |
The
working staff of preventing the crime by taking advantage of
duty, who abuses his authority,
plays irregularities for
favoritism, neglects his duty, engages in embezzlement, takes
bribes or
discloses secret, shall be imposed administrative
penalty by the supervision department of competent department,
and shall be investigated for criminal responsibility if a crime
is constituted. |
|
Article 29
Other activity in violation of these regulations shall be dealt
with by relevant department according
to relevant law,
regulations or provisions. |
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Chapter
6 Supplementary
Provisions
|
Article 30
These regulations shall enter into effect as of April 1,
2005. |