《深圳经济特区行政监察工作规定》实施细则
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深圳市人民政府令第58号
颁布日期:19970126  实施日期:19970126  颁布单位:深圳市人民政府

  Detailed1 Rules for the Implementation3 of the Rules of Shenzhen Special Economic Zone on the Administrative4 Supervision5

  (Adopted at the 50th executive meeting of the Second Shenzhen Municipal People's Government, and promulgated6 by the decree No.58 of the Shenzhen Municipal People's Government on 26,January, 1997.)

  Article 1 In order to implement2 the Rules of Shenzhen Special Economic Zone on the Administrative Supervision (hereinafter referred to as “Rules”), these detailed rules are formulated7.

  Article 2 The “authorized8 documents signed by the director of the Supervision Bureau” referred to in the Rules includes the followings:

  (1) the letter of recommendation for investigating into case;

  (2) the notice of looking up deposit;

  (3) the notice of ceasing the payment of deposit;

  (4) the notice of release of ceasing the payment of deposit;

  (5) other authorized documents provided in laws and regulations.

  If the public servant of supervisory department holds one of the authorized documents listed above when performing official duty, relevant unit or individual shall give assistance.

  Article 3 The “specially-invited supervisor9” and “part-time supervisor” in Article 5 of the Rules refers to the part-time working staff of supervision, who is employed from government department, democratic party, mass organization, enterprise or institution by the supervisory department according to the need of work, and accepts the offer of employment voluntarily.

  Having consulted with relevant unit and obtained the consent of the employed person and the unit that he belongs to, the supervisory department, which employs the specially-invited or part-time supervisor, shall issue employment letter after examination.

  The specially-invited or part-time supervisor is protected by law when he performs official duty according to law within the scope of authority. No unit or individual may disturb, strike or retaliate10 him.

  Article 4 The supervisory department shall be in charge of making plan, inspecting, supervising and directing the education of legal knowledge, honesty, clean and diligent11 service to the public servants of the administrative organization and other personnel appointed by the administrative organization, which is provided in the fifth subparagraph of Article 6 of the Rules. Every unit related shall organize the education of legal knowledge, honesty, clean and diligent service concretely in the unit, and inform the supervisory department of the education in time.

  Article 5 The sixth subparagraph of Article 6 of the Rules provides that the supervisory department shall carry out disciplinary education to the public servant of the administrative organization and other personnel appointed by the administrative organizations who have been given the disciplinary sanction. The person, who is decided12 to be given an administrative sanction by the supervisory department, shall be inculcated by the supervisory department and the unit that he belongs to. The person, who is decided to be given a sanction by the competent department shall be inculcated by the competent department and the unit that he belongs to.

  Article 6 According to the provisions of the seventh subparagraph of Article 6 of the Rules, a citizen has the right to expose or report to the supervisory department, if he finds that the sanction, which the administrative organization has given to the disciplinary-violator, is too light or too heavy. The supervisory department shall investigate into the exposed or reported matter in time. If the sanction is improper13 indeed, the supervisory department shall advise relevant department to rectify14, or it rectify the sanction directly.

  Article 7 The “disposal of the state-owned property illegally” in the eighth subparagraph of Article 6 of the Rules refers to the act of violating the provisions of laws and regulations and causing the losses to state-owned property for malfeasance, breach15 of duty or blindfold16 investment.

  The supervisory department shall order relevant unit to prevent or take effective remedial measure to the act of disposing the state-owned property illegally.

  If the public servant of an administrative organization, or the person appointed or entrusted17 by the administrative organization disposes the state-owned property illegally, which results in serious consequences, the chief person liable shall be given disciplinary sanction according to relevant provisions.

  Article 8 When investigating and dealing18 with the cases of breach of discipline of the administrative organization and its public servant as well as other person appointed by the administrative organization, the supervisory department shall treat it differently according to the concrete circumstances:

  (1) Any one, who violates the national laws and regulations to corrupt19 and take bribe20, derelict or abuse power, or abuse power for personal gain, which results in serious consequences, the supervisory department shall investigate him for the responsibility of violating the laws or disciplines;

  (2) Any one, who causes losses for error or negligence21 in work, the supervisory department shall give criticism and education or appropriate disciplinary sanction to him and the person liable according to the circumstances and the damage results;

  (3) If losses are caused for the adjustment of policy, force majeure or other accidental reasons, the supervisory department shall help relevant person to draw experiences and lessons in time to decrease loss and improve work.

  Article 9 When deciding to give disciplinary sanction to the discipline-violator according to Article 7 and Article 8 of the Rules, the supervisory department shall observe the following procedures:

  (1) After the investigation22 of a case is finished, the case shall be examined by more than 2 public servants of the supervisory department, who have not investigated into the case;

  (2) The case examiner shall give opinion to the characterization and settlement of the case according to the provisions of laws, regulations and rules;

  (3) The disciplinary sanction shall be decided through the collective discussion of the case trial committee.

  Article 10 Besides exercising the power of disciplinary sanction according to Article 7 and Article 8 of the Rules, the supervisory department may make the following settlements separately to the discipline-violator according to relevant laws and regulations:

  (1) For the person, who is engaged or borrowed by the state-owned enterprise or institution, and has been given a disciplinary sanction for violating the laws and disciplines, the supervisory department may advise the unit, that he belongs to, to dismiss him;

  (2) For the discipline-violator, who is deemed by the supervisory department to be unsuitable for his original work, the supervisory department may advise the competent department or the unit, that the person belongs to, to adjust his work post;

  (3) The supervisory department may advise the competent department to suspend the performance of power and duty of the supervised person, who makes use of his position to disturb investigation.

  For the person, who covers up or screens the discipline-violator, the supervisory department investigating and dealing with the cases of breach of discipline may advise his competent department or the unit, that he belongs to, to criticize and inculcate him or give a disciplinary sanction to him when.

  Article 11 If the person, who is given a disciplinary sanction, can realize mistake, has the expression of repentance23, and commits no new act violating the laws and disciplines, the original unit, which has given the sanction, shall relieve the sanction when the sanction period is expired.

  If the sanction needs to be relieved when sanction period is expired, the person, who is given a sanction, shall file a written application, which shall be submitted to the original unit, that decided the sanction, for examination and approval, after the unit that the person belongs to has checked him and given opinion. The person, who is checked to accord with the conditions provided in the preceding paragraph by the unit that he belongs to, shall be relieved the sanction. The person, who is checked not to accord with the conditions, shall not be relieved the sanction.

  The person having been given a sanction, who is under order to leave the original work post during the sanction period, shall be checked and reported for approval by the unit where his present post is.

  Article 12 If the person, who has been given a disciplinary sanction, is involved in one of the following circumstances during the sanction period, he shall be regarded to “have special contribution” mentioned in Article 8 of the Rules, and shall be relieved the sanction ahead of the due date by the supervisory department:

  (1) Having made invention or innovation or put forward rationalization proposal in work, which achieved distinguished24 economic and social benefit for country and is recognized by the municipal or superior relevant department;

  (2) Having outstanding achievement in protecting the public property, or economizing25 on the state assets;

  (3) Having prevented or avoided serious accident, which reduced or avoided losses to the interests of the state and the mass;

  (4) Was prominent in the rescue and relief work and is rewarded for meritorious26 action;

  (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 secrete27 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 notably28 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 confidential29 document and data, it shall strictly30 go through the formality of examination and approval as well as registration31 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 postal32 service;

  (3) The record book and notebook involving national top secret, secret and confidentiality33 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 maliciously34 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 confiscated35, 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 judicial36 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 jurisdiction37 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 determined38 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 defense39 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 promulgation40.



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1 detailed xuNzms     
adj.详细的,详尽的,极注意细节的,完全的
参考例句:
  • He had made a detailed study of the terrain.他对地形作了缜密的研究。
  • A detailed list of our publications is available on request.我们的出版物有一份详细的目录备索。
2 implement WcdzG     
n.(pl.)工具,器具;vt.实行,实施,执行
参考例句:
  • Don't undertake a project unless you can implement it.不要承担一项计划,除非你能完成这项计划。
  • The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。
3 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
4 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
5 supervision hr6wv     
n.监督,管理
参考例句:
  • The work was done under my supervision.这项工作是在我的监督之下完成的。
  • The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。
6 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
7 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
8 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
9 supervisor RrZwv     
n.监督人,管理人,检查员,督学,主管,导师
参考例句:
  • Between you and me I think that new supervisor is a twit.我们私下说,我认为新来的主管人是一个傻瓜。
  • He said I was too flighty to be a good supervisor.他说我太轻浮不能成为一名好的管理员。
10 retaliate FBtzJ     
v.报复,反击
参考例句:
  • He sought every opportunity to retaliate against his enemy.他找机会向他的敌人反击。
  • It is strictly forbidden to retaliate against the quality inspectors.严禁对质量检验人员进行打击报复。
11 diligent al6ze     
adj.勤勉的,勤奋的
参考例句:
  • He is the more diligent of the two boys.他是这两个男孩中较用功的一个。
  • She is diligent and keeps herself busy all the time.她真勤快,一会儿也不闲着。
12 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
13 improper b9txi     
adj.不适当的,不合适的,不正确的,不合礼仪的
参考例句:
  • Short trousers are improper at a dance.舞会上穿短裤不成体统。
  • Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。
14 rectify 8AezO     
v.订正,矫正,改正
参考例句:
  • The matter will rectify itself in a few days.那件事过几天就会变好。
  • You can rectify this fault if you insert a slash.插人一条斜线便可以纠正此错误。
15 breach 2sgzw     
n.违反,不履行;破裂;vt.冲破,攻破
参考例句:
  • We won't have any breach of discipline.我们不允许任何破坏纪律的现象。
  • He was sued for breach of contract.他因不履行合同而被起诉。
16 blindfold blindfold     
vt.蒙住…的眼睛;adj.盲目的;adv.盲目地;n.蒙眼的绷带[布等]; 障眼物,蒙蔽人的事物
参考例句:
  • They put a blindfold on a horse.他们给马蒙上遮眼布。
  • I can do it blindfold.我闭着眼睛都能做。
17 entrusted be9f0db83b06252a0a462773113f94fa     
v.委托,托付( entrust的过去式和过去分词 )
参考例句:
  • He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。
  • She was entrusted with the direction of the project. 她受委托负责这项计划。 来自《简明英汉词典》
18 dealing NvjzWP     
n.经商方法,待人态度
参考例句:
  • This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。
  • His fair dealing earned our confidence.他的诚实的行为获得我们的信任。
19 corrupt 4zTxn     
v.贿赂,收买;adj.腐败的,贪污的
参考例句:
  • The newspaper alleged the mayor's corrupt practices.那家报纸断言市长有舞弊行为。
  • This judge is corrupt.这个法官贪污。
20 bribe GW8zK     
n.贿赂;v.向…行贿,买通
参考例句:
  • He tried to bribe the policeman not to arrest him.他企图贿赂警察不逮捕他。
  • He resolutely refused their bribe.他坚决不接受他们的贿赂。
21 negligence IjQyI     
n.疏忽,玩忽,粗心大意
参考例句:
  • They charged him with negligence of duty.他们指责他玩忽职守。
  • The traffic accident was allegedly due to negligence.这次车祸据说是由于疏忽造成的。
22 investigation MRKzq     
n.调查,调查研究
参考例句:
  • In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
  • He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。
23 repentance ZCnyS     
n.懊悔
参考例句:
  • He shows no repentance for what he has done.他对他的所作所为一点也不懊悔。
  • Christ is inviting sinners to repentance.基督正在敦请有罪的人悔悟。
24 distinguished wu9z3v     
adj.卓越的,杰出的,著名的
参考例句:
  • Elephants are distinguished from other animals by their long noses.大象以其长长的鼻子显示出与其他动物的不同。
  • A banquet was given in honor of the distinguished guests.宴会是为了向贵宾们致敬而举行的。
25 economizing 133cb886367309b0ad7a7e8c52e349e6     
v.节省,减少开支( economize的现在分词 )
参考例句:
  • Strengthing Management of Economizing Electricity Enhancing BenefIt'step by Step. 强化节电管理效益逐上台阶。 来自互联网
  • We should lose no time in increasing production and economizing. 六、抓紧增产节约。 来自互联网
26 meritorious 2C4xG     
adj.值得赞赏的
参考例句:
  • He wrote a meritorious theme about his visit to the cotton mill.他写了一篇关于参观棉纺织厂的有价值的论文。
  • He was praised for his meritorious service.他由于出色地工作而受到称赞。
27 secrete hDezG     
vt.分泌;隐匿,使隐秘
参考例句:
  • The pores of your body secrete sweat.身上的毛孔分泌汗液。
  • Squirrels secrete a supply of nuts for winter.松鼠为准备过冬而藏坚果。
28 notably 1HEx9     
adv.值得注意地,显著地,尤其地,特别地
参考例句:
  • Many students were absent,notably the monitor.许多学生缺席,特别是连班长也没来。
  • A notably short,silver-haired man,he plays basketball with his staff several times a week.他个子明显较为矮小,一头银发,每周都会和他的员工一起打几次篮球。
29 confidential MOKzA     
adj.秘(机)密的,表示信任的,担任机密工作的
参考例句:
  • He refused to allow his secretary to handle confidential letters.他不让秘书处理机密文件。
  • We have a confidential exchange of views.我们推心置腹地交换意见。
30 strictly GtNwe     
adv.严厉地,严格地;严密地
参考例句:
  • His doctor is dieting him strictly.他的医生严格规定他的饮食。
  • The guests were seated strictly in order of precedence.客人严格按照地位高低就座。
31 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
32 postal EP0xt     
adj.邮政的,邮局的
参考例句:
  • A postal network now covers the whole country.邮路遍及全国。
  • Remember to use postal code.勿忘使用邮政编码。
33 confidentiality 7Y2yc     
n.秘而不宣,保密
参考例句:
  • They signed a confidentiality agreement. 他们签署了一份保守机密的协议。
  • Cryptography is the foundation of supporting authentication, integrality and confidentiality. 而密码学是支持认证、完整性和机密性机制的基础。
34 maliciously maliciously     
adv.有敌意地
参考例句:
  • He was charged with maliciously inflicting grievous bodily harm. 他被控蓄意严重伤害他人身体。 来自《简明英汉词典》
  • His enemies maliciously conspired to ruin him. 他的敌人恶毒地密谋搞垮他。 来自《现代汉英综合大词典》
35 confiscated b8af45cb6ba964fa52504a6126c35855     
没收,充公( confiscate的过去式和过去分词 )
参考例句:
  • Their land was confiscated after the war. 他们的土地在战后被没收。
  • The customs officer confiscated the smuggled goods. 海关官员没收了走私品。
36 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
37 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
38 determined duszmP     
adj.坚定的;有决心的
参考例句:
  • I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
  • He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。
39 defense AxbxB     
n.防御,保卫;[pl.]防务工事;辩护,答辩
参考例句:
  • The accused has the right to defense.被告人有权获得辩护。
  • The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。
40 promulgation d84236859225737e91fa286907f9879f     
n.颁布
参考例句:
  • The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。 来自《简明英汉词典》
  • Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。 来自经济法规部分
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