(1997年5月9日第八届全国人民代表大会常务委员会第二十五次会议通过)
(Adopted on May 9, 1997 at the 25th session of the eighth National People's Congress standing committee, promulgated by President Jiang Zemin on May 9, 1997)
第一条 为了加强监察工作,保证政令畅通,维护行政纪律,促进廉政建设,改善行政管理,提高行政效能,根据宪法,制定本法。
Article 1.
This law is formulated in line with the constitution to enhance supervisory work, ensure the smooth implementation of government decrees, maintain administrative discipline, promote clean and honest administration building, improve administrative management, and raise administrative efficiency.
第二条 监察机关是人民政府行使监察职能的机关,依照本法对国家行政机关、国家公务员和国家行政机关任命的其他人员实施监察。
Article 2.
Supervisory organs are organs of the people's government organs which exercise supervisory functions.
In line with this law, they exercise supervision over state administrative organs, government functionaries, and other personnel appointed by state administrative organs.
第三条 监察机关依法行使职权,不受其他行政部门、社会团体和个人的干涉。
Article 3.
Supervisory organs exercise their functions and powers according to law, and are not subject to interference by other administrative organs, social groups, and individuals.
第四条 监察工作必须坚持实事求是,重证据、重调查研究,在适用法律和行政纪律上人人平等。
Article 4.
In engaging in supervisory work, supervisory organs shall adhere to the principle of seeking truth from facts, rely on evidence, stress study and investigation, and emphasize equality when applying laws and administrative discipline.
第六条 监察工作应当依靠群众。
Article 6.
It is necessary to rely on the masses to carry out supervisory work.
Supervisory organs should set up a report system.
Citizens have the right to report on or file charges against acts of law-breaking and of dereliction of duty by any state administrative organs, government functionaries and other personnel appointed by state administrative organs to supervisory organs.
监察机关建立举报制度,公民对于任何国家行政机关、国家公务员和国家行政机关任命的其他人员的违法失职行为,有权向监察机关提出控告或者检举。
Article 6.
It is necessary to rely on the masses to carry out supervisory work.
Supervisory organs should set up a report system.
Citizens have the right to report on or file charges against acts of law-breaking and of dereliction of duty by any state administrative organs, government functionaries and other personnel appointed by state administrative organs to supervisory organs.
第七条 国务院监察机关主管全国的监察工作。
Article 7.
State Council supervisory organs have jurisdiction over the nation's supervisory work.
县级以上地方各级人民政府监察机关负责本行政区域内的监察工作,对本级人民政府和上一级监察机关负责并报告工作,监察业务以上级监察机关领导为主。
Various levels of local people's government supervisory organs at county level or higher are responsible for supervision work in their administrative regions.
They are held responsible by the same level of the people's government and by superior supervisory organs and they report work to them.
Superior supervisory organs take the main lead in supervisory operation.
第八条 县级以上各级人民政府监察机关根据工作需要,经本级人民政府批准,可以向政府所属部门派出监察机构或者监察人员。
Article 8.
Various levels of supervisory organs under the people's government at county level or higher may, after approval by the same level of people's government, set up supervisory organizations at government departments or dispatch supervisory personnel to government departments according to work requirements.
监察机关派出的监察机构或者监察人员,对派出的监察机关负责并报告工作。
Supervisory organizations or supervisory personnel set up or dispatched by supervisory organs are held responsible by and report to supervisory organs which set up the supervisory organizations and dispatch the personnel.
第九条 监察人员必须遵纪守法,忠于职守,秉公执法,清正廉洁,保守秘密。
Article 9.
Supervisory personnel should abide by law and discipline, be devoted to their duties, enforce law with impartiality, be upright in performing their official duties, and maintain confidentiality.
第十一条 县级以上地方各级人民政府监察机关正职、副职领导人员的任命或者免职,在提请决定前,必须经上一级监察机关同意。
Article 11.
Approval of superior supervisory organs is needed before proposing and deciding on the appointment and removal of chiefs and deputy chiefs of supervisory organs under various levels of people's government at county level or higher.
任何组织和个人不得拒绝、阻碍监察人员依法执行职务,不得打击报复监察人员。
Organizations and individuals shall not obstruct the lawful performance of official duties by supervisory personnel; they are forbidden to retaliate against supervisory personnel.
第十四条 监察人员办理的监察事项与本人或者其近亲属有利害关系的,应当回避。
Article 14.
Supervisory personnel should avoid handling supervisory matters which conflict with their interests or the interests of their relatives.
第十五条 国务院监察机关对下列机关和人员实施监察:
Article 15.
State Council supervisory organs exercise supervision over the following organs and personnel:
(一)国务院各部门及其国家公务员;
(1) The State Council's various departments and its government functionaries;
(二)国务院及国务院各部门任命的其他人员;
(2) Other personnel appointed by the State Council and by the State Council's various departments;
(三)省、自治区、直辖市人民政府及其领导人员。
(3) Provincial, autonomous regional, and municipal people's governments and their leading personnel.
第十六条 县级以上地方各级人民政府监察机关对下列机关和人员实施监察:
Article 16.
People's government supervisory organs at county level or higher exercise supervision over the following organs and personnel:
(一)本级人民政府各部门及其国家公务员;
(1) The same level of various people's government departments and their government functionaries;
(二)本级人民政府及本级人民政府各部门任命的其他人员;
(2) The same level of people's government and other personnel appointed by same level of various departments under the people's government;
(三)下一级人民政府及其领导人员。
(3) The lower level of people's governments and their leading personnel.
县、自治县、不设区的市、市辖区人民政府监察机关还对本辖区所属的乡、民族乡、镇人民政府的国家公务员以及乡、民族乡、镇人民政府任命的其他人员实施监察。
People's government supervisory organs in counties, autonomous counties, cities without a district organization and districts directly under city administration, also exercise supervision over government functionaries of villages, ethnic villages, people's township governments under their jurisdiction as well as over other personnel appointed by villages, ethnic villages, and people's township governments.