Interim Provisions on Administrative Punishments of Public Officials
Article 1 These Provisions are formulated in accordance with the Supervision Law of the People's Republic of China in order to standardize the administrative sanctions of the supervisory organs, promote all public officials who exercise public power (hereinafter referred to as "public officials") to perform their duties in accordance with the law, use their power impartially, work honestly in politics, and adhere to moral integrity.
Article 2 If a public official commits an illegal act and should bear legal responsibility, the supervisory organ may, before the promulgation of the national law on administrative sanctions against public officials, give administrative sanctions to the investigated public officials according to their specific identity and in accordance with the provisions of relevant laws, regulations, decisions and rules of the State Council on illegal acts and the applicable sanctions.
Article 3 The basis for the supervision organ to implement the administrative punishment mainly includes the Supervision Law of the People's Republic of China, the Civil Servant Law of the People's Republic of China, the Law of the People's Republic of China on Lawmakers, the Law of the People's Republic of China on Prosecutors, the Law of the People's Republic of China on State owned Assets of Enterprises, the Regulations on the Punishment of Civil Servants of Administrative Organs, and the Regulations on Personnel Management of Public Institutions Interim Provisions on Punishment of Public Institution Staff, Several Provisions on Incorruptible Employment of State owned Enterprise Leaders, and Several Provisions on Incorruptible Performance of Duties of Rural Grass roots Cadres (Trial).
Article 4 The acts of public officials performing their duties according to law shall be protected by law, and they shall not be subject to administrative sanctions without legal reasons or legal procedures.
Article 5 When giving administrative sanctions to public officials, they should adhere to the principle of equality before the law, seeking truth from facts, fairness and justice, and achieve clear facts, conclusive evidence, accurate characterization, proper handling, legal procedures and complete procedures; Adhere to democratic centralism and make decisions through collective discussion; Adhere to the policy of "learning from past mistakes to avoid future ones" and "curing the disease to save the patient", which should be consistent with the nature, circumstances and degree of harm of the illegal act.
Article 6 The supervisory organ may, in accordance with the law, make decisions on administrative sanctions such as warning, demerit recording, major demerit recording, demotion, dismissal, and dismissal of public officials who violate the law.
The period of administrative sanction for public officials and the applicable rules of administrative sanction may be subject to relevant laws, regulations, decisions and rules of the State Council according to the specific identity of the public officials under investigation.
Article 7 If a member of the Communist Party of China among public officials seriously violates Party discipline and is suspected of committing a crime, the Party organization shall first make a decision on Party discipline punishment, and the supervisory organ shall give administrative punishment according to law, and then investigate his criminal responsibility according to law.
If a public official who is not a member of the Communist Party of China is suspected of committing a crime, the supervisory organ shall first give him an administrative sanction according to law, and then investigate his criminal responsibility according to law.
If a member of the Communist Party of China among public officials is first subject to administrative punishment and criminal accountability according to law, the Party organization and supervisory organ may, according to the effective administrative punishment decision and the effective judgment, ruling, decision of the judicial organ, and the facts, nature and circumstances recognized by them, impose Party discipline and administrative sanctions according to discipline and law.
Article 8 The supervisory organ should give administrative punishment to the CPC members among the public officials, which should generally match the severity of the party discipline punishment. Among them, those who have been dismissed from their posts within the Party and remain in the Party for inspection shall be given administrative sanctions such as dismissal according to law if they hold public office. Public officials who seriously violate Party discipline and criminal law must be dismissed from public office according to law.
Article 9 The supervisory organ may, according to law, take the following measures to deal with the management personnel of grass-roots mass autonomous organizations, state-owned enterprises and other units, or the public service personnel of organizations entrusted by state organs to manage public affairs according to law that are not included in the staffing of state organs, or other personnel performing public functions according to law:
（1） In accordance with the Supervision Law of the People's Republic of China, talk to remind, criticize and educate, order inspection and admonish;
（2） In accordance with the relevant laws and regulations in Article 3 of these regulations, warning talks, criticism in a circular, suspension for inspection, and order to resign shall be taken.
With regard to the persons mentioned in the preceding paragraph, the supervisory organs may, according to law, make the following supervisory suggestions to the relevant organs and units:
（1） Disqualification for election or holding corresponding posts;
（2） Transfer, demotion, removal, and dismissal.
The above treatment measures can be used alone or combined.
Article 10 If a public official is subject to an administrative sanction other than dismissal and shows repentance during the period of punishment, and there is no further violation of the law, the sanction will be automatically lifted upon expiration of the time limit.
If a staff member of a public institution has performed significant meritorious service during the period of punishment and has been given an individual reward of merit recording or above in accordance with the relevant provisions, the punishment may be rescinded in advance with the approval of the supervisory organ that made the decision on punishment.
After the punishment is lifted, the public official who has been punished will no longer be affected by the original punishment. If a person is demoted or dismissed from his post, the discharge of the punishment shall not be deemed as the restoration of his original rank or post.
Article 11 The administrative punishment on public officials shall be decided by the supervisory organ according to the administrative authority according to law. In the following cases, relevant procedures shall be performed:
（1） If a public official who has been elected or appointed by the people's congress and its standing committee at various levels is given the punishment of removal or dismissal, the people's congress and its standing committee shall first remove, remove or remove him from his post according to law, and then the supervisory organ shall make the punishment decision according to law.
（2） If a public official who has been elected or appointed by the plenary session of the committees at all levels of the Chinese People's Political Consultative Conference and its standing committee is given a sanction of dismissal or dismissal, the plenary session of the Chinese People's Political Consultative Conference and its standing committee shall first remove him from his post, and then the supervisory organ shall make a decision on the punishment according to law.
（3） If deputies to people's congresses and CPPCC members at all levels are given administrative sanctions, they should be notified to their standing committees of the people's congresses or CPPCC.
（4） If the management personnel of the grass-roots mass autonomous organization are ordered to resign, the county level supervisory organ shall make suggestions to the grass-roots mass autonomous organization and the superior management unit (institution).
Article 12 If a public official has committed an illegal act and has been placed on file for investigation, and is unfit to continue performing his duties, the supervisory organ may decide to suspend him from performing his duties.
The public officials under investigation shall not exchange information, leave the country, resign from public office or go through retirement procedures during the period when they are placed on file for investigation by the supervisory organ. The supervisory organ shall specify the above requirements in the case filing decision and inform the unit to which the investigated person belongs.
Article 13 If the supervisory organ, after investigation and hearing, decides to give or exempt public officials from administrative sanctions, it shall follow the following procedures:
（1） Inform the investigated public officials of the facts identified in the investigation and the basis for the proposed administrative punishment, listen to their statements and defenses, review the facts, reasons and evidence they have stated, and record them. If the facts, reasons and evidence put forward by the investigated public official are tenable, they shall be accepted.
（2） In accordance with the limits of authority for decision on punishment, a decision on punishment or exemption of the public official shall be made after going through the examination and approval procedures;
（3） Printing and issuing decisions on administrative sanctions;
（4） Serve the decision of administrative punishment on the person to be punished and the unit to which it belongs, and announce it within a certain range;
（5） For those who have been demoted or above, they shall go through the corresponding change procedures of their posts, salaries and other relevant benefits within one month;
（6） The decision on administrative sanction shall be stored in the archives of the public officials subject to sanction.
The content and effective date of the decision on administrative punishment shall be implemented with reference to the relevant provisions of the Regulations on Punishment of Civil Servants in Administrative Organs. If an administrative sanction other than dismissal is given, the period of the sanction shall be specified in the sanction decision.
Article 14 After the supervisory organ makes a decision on administrative sanctions against public officials under the management of the party committee at the same level according to law, it shall, in addition to delivering the decision to the unit to which the person subject to sanctions belongs for execution in accordance with Article 13 of these Provisions, notify the corresponding organ or group organization and other units by letter according to the specific identity of the person subject to sanctions.
If the person to be punished is a democratic party or a person without party affiliation, the United Front Work Department of the party committee at the same level and the corresponding democratic party organ or relevant unit shall be informed by letter at the same time.
Article 15 After public officials are dismissed, their personal files shall be transferred for management in accordance with the relevant provisions of the State.
Article 16 The reexamination and review of public officials who refuse to accept the decision of administrative sanctions shall be handled in accordance with the provisions of the Supervision Law of the People's Republic of China. The circumstances and legal consequences of the change or revocation of the administrative sanction shall be implemented according to the specific identity of the public officials who are subject to the sanction, or with reference to the Regulations on the Punishment of Public Servants in Administrative Organs, the Interim Provisions on the Punishment of Staff in Public Institutions and other provisions.
Article 17 The supervisory organ may, in accordance with or by reference to the provisions of the Regulations of the Communist Party of China on Accountability and the Interim Provisions on the Implementation of Accountability of Party and Government Leading Cadres, make accountability decisions such as circulating criticism, admonition, suspension for inspection, order to resign and so on, for the leaders who are responsible for the management of public officials who fail to perform or incorrectly perform their duties, Or put forward accountability suggestions such as demotion or removal to the organ that has the power to make accountability decisions.
Article 18 If a public official who has committed an illegal act and should be subject to administrative punishment has retired before the supervisory organ makes a decision on punishment, no further punishment will be given; The supervisory organ may place a case on file for investigation, and if it should be demoted, dismissed or dismissed according to law, the treatment enjoyed by it should be reduced or canceled according to regulations.
If a public official who has committed an illegal act and should be subject to administrative punishment has resigned from public office or died before the supervisory organ makes a decision on punishment, no further punishment will be given. However, the supervisory organ may file a case for investigation and deal with the property illegally obtained and used for illegal purposes in accordance with Article 21 of this Regulation.
Article 19 If a public official commits an illegal act, the appointing and removing organ or unit may perform the main responsibility and give a sanction to the public official in accordance with the Civil Servant Law of the People's Republic of China and other provisions.
If the supervisory organ has given administrative sanctions to the same illegal act of public officials, the appointing or removing organ or unit will not give any more sanctions; If the appointing or removing organ or unit has already given sanctions, the supervisory organ will no longer give administrative sanctions.
Article 20 The lower level supervisory organ shall, according to the decision of the higher level supervisory organ on the designation of jurisdiction, file an investigation on a supervisory object that is not within the jurisdiction of its own supervisory organ, and shall, according to its administrative authority, hand it over to the supervisory organ that has the power of punishment to make a decision on administrative punishment according to law, or hand it over to its appointing or removing organ or unit for punishment.
Article 21 The property illegally obtained by public officials and used for illegal purposes shall be confiscated, recovered or ordered to return or compensate by supervisory organs, except for those that should be confiscated, recovered or ordered to return or compensate by other organs according to law. The property illegally obtained shall be returned to its owner or original holder; If it belongs to the state property and should not be returned or cannot be returned to the owner or original holder, it shall be turned over to the state treasury.
Article 22 The Central Commission for Discipline Inspection and the State Supervision Commission shall be responsible for the interpretation of these Provisions.
Article 23 These Provisions shall come into force as of the date of promulgation.
