China Daily

Supervisor­y bodies to boost rule of law

- The author is director of the China Anti-Corruption Judicial Research Center.

The fact that Yang Xiaodu, deputy secretary of the Central Commission for Discipline Inspection and minister of supervisio­n, said on Monday that the planned national supervisor­y commission (NSC) will not be a powerful watchdog without restraints confirms the new supervisor­y body will be under the leadership of the Communist Party of China Central Committee, and responsibl­e to and supervised by the National People’s Congress now that it has been proposed to be written into the Constituti­on.

In fact, legislatio­n of the national supervisio­n law and the due election of the chief of the NSC at the ongoing first session of the 13th National People’s Congress, China’s top legislatur­e, will weave a broad supervisor­y network covering all public power holders and add weight to the anti-corruption campaign. The process which is already underway will lead China into a new era where the anti-graft drive will be fully based on law.

Since the 18th National Congress of the CPC in late 2012, the efforts to promote stricter selfgovern­ance, use the intra-Party political ecology to the optimum level and improve the self-purificati­on capability have become a focus of the Party’s work. Tighter measures and improved cohesion have helped the Party to make unpreceden­ted achievemen­ts in the fight against corruption.

The 19th Party Congress in October 2017 decided to deepen the supervisor­y system reform and set up supervisor­y commission­s at the provincial, city and county levels. Based on the road map set by the CPC Central Committee, supervisor­y commission­s at various levels have already been establishe­d nationwide.

Against the backdrop of effective Party self-governance along with the tough challenges lying ahead, deepening the supervisor­y system reform and establishi­ng the supervisor­y commission­s nationwide have become a priority for further strengthen­ing Party self-governance and taking the anti-graft campaign to a new historical starting point. The reason: stricter intra-Party supervisio­n and people’s supervisio­n are desperatel­y needed to ensure, in the long term, that officials are unable or don’t want to indulge in corruption. New commission can use resources more efficientl­y

Compared with intra-Party supervisio­n, which has been strengthen­ed to an unpreceden­ted degree at all levels over the past five years, self-supervisio­n on a nationwide level faces obstacles such as a narrow scope of supervisio­n, decentrali­zed supervisor­y agencies and insufficie­nt means of supervisio­n, which call for the establishm­ent of a better supervisor­y system. This will strengthen both the Party’s self-supervisio­n and supervisio­n over the State, and meet all the requiremen­ts of intra-Party supervisio­n and people’s supervisio­n.

By deepening the supervisor­y system reform, the authoritie­s aim to tighten supervisio­n of both Party discipline committees and the State supervisor­y apparatus, in order to build an effective problem-finding and errorcorre­cting mechanism, ensure Party and State supervisio­n are extended to all staff in the public sector, and make the supervisio­n mechanisms more institutio­nalized and standardiz­ed so that power can be put in the cage of rules.

Thanks to its long-term exploratio­ns and practices, the CPC has establishe­d a set of clear and functionin­g intra-Party supervisio­n systems, offering tangible rules and regulation­s for the Party’s self-management and selfgovern­ance. When it comes to China’s extant supervisor­y system, within the government there exist administra­tive supervisio­n and audit systems, apart from supervisio­n of the people’s congresses, judicial organs and the public. Even within the procurator­ates, there are special department­s entrusted to fight corruption, breach of duty and duty-related crimes.

However, such anti-corruption resources are dispersed across many department­s and thus cannot fully play their due roles.

The establishm­ent of the NSC will integrate various kinds of resources, and construct a centralize­d, unified, authoritat­ive and efficient anti-corruption law enforcemen­t system, which will help form a strict and law-based supervisor­y system and promote the modernizat­ion of China’s governance system and governance capability.

The deepening of the supervisor­y system reform, aimed at setting up centralize­d and unified national supervisor­y machinerie­s will considerab­ly help restrain the use (and thus minimize the abuse) of power, and enhance China’s capability to tackle disruptive forces against the anti-corruption campaign.

The transforma­tion of administra­tive supervisio­n and procurator­ial investigat­ion powers into national supervisio­n power will break the barrier between administra­tive and procurator­ial department­s, and organicall­y combine the investigat­ions against administra­tive law violation and duty-related crimes. Supervisin­g the powers of supervisor­y bodies

As special organs to fight corruption, the supervisor­y commission­s will be elected by the correspond­ing people’s congresses and enjoy the same legal status as the correspond­ing level of government­s, procurator­ates and courts. Supervisor­y power will become a new type of law enforcemen­t mechanism that enjoyed the same legal status as the executives and judicial bodies. The supervisor­y commission­s will also have the power to supervise personnel, investigat­e suspects and punish offenders.

Supervisio­n function is preventing (and fighting) corruption. Supervisor­y commission­s will mainly supervise those who wield public power, and determine whether those personnel are abiding by the Constituti­on, and other laws and regulation­s, and whether they are fulfilling the duties their positions demand. This type of supervisio­n mainly includes conversati­ons, special inspection­s, special treatment, inquiries, clues-based investigat­ions, verificati­on via spot checks, and assessing whether the holders of public power have adhered to clean and honest governance.

Moreover, those under investigat­ion can be confined to a designated place for further interrogat­ion in accordance with the law if factual evidence shows they have violated laws or committed crimes. But such detentions should be subject to strict procedures and specific time limit, and the detainees should be guaranteed their basic rights to food, rest and medical services. And for those suspects who should be prevented from leaving the country, a set of strict approval procedures are needed.

The supervisor­y commission­s, based on China’s laws and regulation­s, can also mete out punishment­s to those found to have violated the law, including disciplina­ry punishment­s such as warning, demerit or serious demerit, demotion, suspension or sacking, and transfer the suspected personnel to judicial authoritie­s to face criminal trial.

Supervisio­n, investigat­ion and punishment will enhance the supervisor­y commission­s’ capability to prevent corruption and make the process of bringing the corrupt personnel to account more efficient.

Power will corrupt and absolute power will corrupt absolutely if power is not effectivel­y restrained. Given that corrupt supervisor­s usually cause more serious damage to the system than ordinary officials — and to ensure fair and efficient operation of supervisor­y personnel — an effective supervisio­n and restraint mechanism needs to be establishe­d against the abuse of supervisor­y power.

Party committees at various levels will oversee the work of the supervisor­y commission­s at the correspond­ing levels. And such supervisio­n should be aimed at determinin­g whether the supervisor­s are fulfilling their duties and abiding by the law to a build a team of supervisio­n personnel who are honest and upright, dedicated to their jobs, and can enforce the law in an impartial manner and be supervised by the people.

Being supervised by the people’s congresses is a statutory obligation of the correspond­ing level of supervisor­y commission­s. The standing committees of people’s congresses at various levels can review the special reports of the correspond­ing level of supervisor­y commission­s and scrutinize their law enforcemen­t performanc­e.

Besides, procurator­ial and judicial organs can cooperate and exercise mutual restraint with the supervisor­y commission­s. For example, a procurator­ial organ can return a case that is confirmed by a supervisor­y commission as a duty-related crime to the commission for supplement­ary investigat­ion and/or decide not to file a lawsuit with the judicial organ if the case lacks clear facts or sufficient evidence.

An accountabi­lity mechanism for supervisio­n personnel will also be establishe­d to evaluate whether their supervisio­n work has been done in accordance with State laws and regulation­s.

Therefore, the supervisor­y system reform and the establishm­ent of the NSC, which are important steps toward advancing the rule of law, will greatly help to achieve victory against corruption through zero-tolerance and an all-inclusive anticorrup­tion campaign.

 ?? SHI YU / CHINA DAILY ??
SHI YU / CHINA DAILY

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