context: As part of Xi Jinping’s 习近平 reform program, the CPC established the National Supervision Commission to coordinate with the Central Commission for Discipline Inspection on anti-corruption, effectively legalising Party oversight of state officials. The 2018 Supervision Law, supplemented by regulations for implementation in 2021, is now undergoing public consultation for revision.
The National People’s Congress Standing Committee publicised the Supervision Law amendment bill draft for public consultation, reports Jiemian. Until 24 September, 212 people raised 334 opinions.
Feng Liqiang 封利强 East China University of Political Science and Law Discipline Inspection professor regards the amendment to have strengthened the effectiveness of anti-corruption work
- allowed supervisory organs and personnel deployed at departments or localities to further station representatives at lower-level units
- extended and recalculated custody period
Zheng Xuan 郑炫 King and Capital Law Firm lawyer explains that malfeasance has increasingly taken different forms and become covert. As a result, the amount of time and evidence needed to uncover case details has surged. The draft
- offers supervisory measures of different intensities
- provide more flexible options
- depending on the attitude of suspects and case details
- cut down on resources used
Zheng regards the anti-corruption work of supervisory commissions as intrinsically aligned with criminal justice. As such, borrowing relevant concepts and procedures from criminal law helps to support supervision. Especially, the ‘standby for investigation’ and ‘management protection’ measures in the revision bill are similar to bail out for summons and residential surveillance.
Yang Shangdong 杨尚东 Southwest University of Political Science and Law Discipline Inspection School Supervisory Research and Teaching Centre director praises the design of ‘standby for investigation’
- allow suspects to preserve relative freedom when awaiting inspection
- embody respect for human rights
- provide more strategic options for supervisory personnel
- buffer time for officers to evaluate the case before employing coercive measures
There are also concerns regarding the extension of detention periods. Detention originated from the Party’s ‘shuānggūi’ practice, which was officially legalised in 2016.
Feng considers the amendment useful in helping with investigations, yet the current version lacks an explanation on how to vet the legality of detention decisions. He recommends adding a sentence to signify the need to reevaluate the legality and necessity for detention even when suspects are already detained.
Zheng deems it necessary to further clarify
- vetting procedures
- conditions for applying for a change of detention conditions
- difference between vetting and investigation personnel
- strengthening checks and balances to guarantee fairness