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November 7, 2017

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Draft details new anti-graft body’s powers

CHINA’S legislature has released the first public draft of a law giving a nascent super-ministry powers to detain, investigate and punish public servants.

A National Supervision Commission, set to be launched next year, will spearhead President Xi Jinping’s anti-graft campaign and expand its scope beyond the Communist Party of China to any civil servant.

At last month’s five-yearly Party congress, Xi pledged to continue a campaign to root out corruption in the Party that has ensnared more than 1.3 million officials.

The public has a deadline of December 5 to comment on the draft, but the National People’s Congress did not say when the final law would be implemented.

The new commission will be empowered to investigate, interrogate and detain government workers, besides freezing their assets and seizing property, the draft shows.

The new law would further centralize the power of anti-graft investigations and apply to bureaucrats, including teachers at government schools and managers at state-owned enterprises.

The draft gives new details of a detention system to replace shuanggui, the intra-Party disciplinary practice that requires a Party member being investigated to cooperate with questioning at a set time and a set place. The practice is exercised by the Party’s disciplinary officials, but is largely informal.

The new system can be used when a case is “major” or “sensitive,” when a subject is at risk of fleeing or suicide, when there is danger of collusion or evidence tampering or other forms of obstruction to the investigation, the draft says.

Detained suspects must sign off on all confessions and their family or work unit should be notified within 24 hours, it adds, with a three-month limit on interrogation that can be doubled in “special circumstances,” which it does not specify.

The draft includes measures to monitor the finances of those suspected of graft, to avoid them fleeing overseas.

In the first eight months of the year, a total of 183 people were detained by supervision commissions in Beijing, east China’s Zhejiang Province and Shanxi Province in the north, the three provincial regions piloting the new system.

The reform ensures that supervision covers everyone in the public sector with power.

Since the reform, the number of people under supervision rose from 210,000 to 997,000 in Beijing, from 785,000 to 1.315 million in Shanxi, and from 383,000 to 701,000 in Zhejiang.




 

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