National Supervisory Commission

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National Supervisory Commission of the People's Republic of China
中华人民共和国国家监察委员会
Zhōnghuá Rénmín Gònghéguó Guójiā Jiānchá Wěiyuánhuì
National Emblem of the People's Republic of China (2).svg
Common nameNational Supervisory Commission (NSC)
Agency overview
FormedMarch 2018
Jurisdictional structure
National agency China
Operations jurisdiction China
Headquarters Beijing, China

Elected officer responsible
  • Yang Xiaodu, Director of the National Supervisory Commission
Website
CCDI & NSC official website
National Supervisory Commission of the People's Republic of China
Simplified Chinese 中华人民共和国国家监察委员会
Traditional Chinese 中華人民共和國國家監察委員會
National Emblem of the People's Republic of China (2).svg
This article is part of a series on the
politics and government of
China

National Supervisory Commission of the People's Republic of China [1] is the highest anti-corruption agency of the People's Republic of China, at the same administrative ranking as Supreme People's Court and Supreme People's Procuratorate. Its operations are merged with the Central Commission for Discipline Inspection of the Communist Party of China. [2] The National Supervision Commission was formed at the first session of the 13th National People's Congress in 2018. [3] The Commission includes the director, deputy director, and ordinary members and the director is appointed by the National People's Congress. [4]

China Country in East Asia

China, officially the People's Republic of China (PRC), is a country in East Asia and the world's most populous country, with a population of around 1.404 billion. Covering approximately 9,600,000 square kilometers (3,700,000 sq mi), it is the third- or fourth-largest country by total area. Governed by the Communist Party of China, the state exercises jurisdiction over 22 provinces, five autonomous regions, four direct-controlled municipalities, and the special administrative regions of Hong Kong and Macau.

Supreme Peoples Court supreme court of China

The Supreme People's Court is the highest level of court in the mainland area of the People's Republic of China. Hong Kong and Macau, as special administrative regions, have their own separate judicial systems based on British common law traditions and Portuguese civil-law traditions respectively, and are out of the jurisdiction of the Supreme People's Court.

Supreme Peoples Procuratorate other organization in Beijing, China

The Supreme People's Procuratorate also translated as the "Prosecutor General's Office" is the highest national level agency responsible for both prosecution and investigation in the People's Republic of China. Hong Kong and Macau, as special administrative regions, have their own separate legal systems, based on common law traditions and Portuguese legal traditions respectively, and are out of the jurisdiction of the SPP.

Contents

Background

The National Supervisory Commission was formed as part of a series of reforms to China's anti-corruption system during the first term of Xi Jinping as General Secretary of the Communist Party. While the Communist Party had institutionalized internal mechanisms for combating corruption in some form since its early days, it was apparent that it was largely ineffective at curbing systemic corruption, and otherwise had no legal basis, as the main organ tasked with combating corruption and malfeasance, the Central Commission for Discipline Inspection, was a party organ, not a state one. [5]

Xi Jinping General Secretary of the Communist Party of China and paramount leader of China

Xi Jinping is a Chinese politician serving as general secretary of the Communist Party of China (CPC), President of the People's Republic of China (PRC), and chairman of the Central Military Commission (CMC). Often described as China's "paramount leader" since 2012, he officially received the title of "core leader" from the CPC in 2016. As general secretary, Xi holds an ex-officio seat on the Politburo Standing Committee of the Communist Party of China, China's top decision-making body.

Central Commission for Discipline Inspection Internal control body of Chinas Communist Party

The Central Commission for Discipline Inspection (CCDI) is the highest internal control institution of the Communist Party of China (CPC), tasked with enforcing internal rules and regulations and combating corruption and malfeasance in the Party. Since the vast majority of officials at all levels of government are also Communist Party members, the commission is in practice the top anti-corruption body in China.

Prior to Xi's anti-corruption campaign, offenses were often prosecuted at the direction of local party authorities through their control of local Commissions for Discipline Inspection (CDIs) and procuratorial organs. While these authorities theoretically reported to their superior commissions at the next higher level of administration (i.e. the municipal organ would report to the provincial one, the provincial organ would report into the CCDI), in addition to answering to the local party leadership, in reality the local CDIs only answered to local party leaders, as they controlled the budgets, personnel, and resources of these organizations. This often led to arbitrary exercise of power and political selectiveness in the targets of corruption efforts. [5]

Formation

In late 2016, Supervisory Commissions (SCs) began pilot initiatives in Shanxi, Beijing and Zhejiang. Provincial level chiefs of Discipline Inspection began serving concurrently as heads of the local Supervisory Commissions. [5]

Shanxi Province

Shanxi is a province of the People's Republic of China, located in the North China region. Its one-character abbreviation is "晋", after the state of Jin that existed here during the Spring and Autumn period.

Beijing Municipality in Peoples Republic of China

Beijing, alternately romanized as Peking, is the capital of the People's Republic of China, the world's third most populous city proper, and most populous capital city. The city, located in northern China, is governed as a municipality under the direct administration of central government with 16 urban, suburban, and rural districts. Beijing Municipality is surrounded by Hebei Province with the exception of neighboring Tianjin Municipality to the southeast; together the three divisions form the Jingjinji metropolitan region and the national capital region of China.

Zhejiang Province

Zhejiang is an eastern coastal province of China. Zhejiang is bordered by Jiangsu and Shanghai to the north, Anhui to the northwest, Jiangxi to the west, and Fujian to the south. To the east is the East China Sea, beyond which lie the Ryukyu Islands of Japan.

The formation of the National Supervisory Commission centralized control of anti-corruption resources to the central authorities and was aimed at curbing local interference in anti-corruption efforts. The former National Anti-Corruption Bureau, the Office Against Dereliction of Duty, and the anti-corruption department of the Procuratorate were all folded into a single agency. [5]

In February 2018, an amendment to the constitution was proposed to make national and local supervision commissions official state organs. Local commissions will be appointed by local peoples' congresses at county and higher level and will be accountable to them and to the supervision commission at the higher level. [6]

Constitution of the Peoples Republic of China constitution

The Constitution of the People's Republic of China is nominally the supreme law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982, with further revisions in 1988, 1993, 1999, 2004 and 2018. Three previous state constitutions—those of 1954, 1975, and 1978—were superseded in turn.

See also

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The central government of the People's Republic of China is divided among several state organs:

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  2. the presidency, including the President and the Vice-President
  3. the executive branch, the State Council, whose Premier is the head of government
  4. the military branch, the People's Liberation Army (PLA) and the People's Armed Police (PAP), via the Central Military Commission, whose Chairman is the Commander-in-chief
  5. the supervisory branch, the National Supervisory Commission
  6. the judicial branch, the Supreme People's Court
  7. the prosecutorial branch, the Supreme People's Procuratorate

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Yang Xiaodu

Yang Xiaodu is a Chinese politician, the Director of the National Supervisory Commission, and a member of the Politburo of the Communist Party of China. He has served in Shanghai and Tibet during his early political career. Since 2014, he has also been a Deputy Secretary of the Central Commission for Discipline Inspection (CCDI), the leading anti-graft body of the Communist Party of China.

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References

  1. "People's Republic of China Supervision Law (draft)". China Law Translate. China. 6 November 2017. Retrieved 27 January 2018.
  2. "Why should the National Supervisory Commission merges its operations with the Central Commission for Discipline Inspection of CPC?(为什么中央纪委与国家监察委员会要合署办公?)". Website of CCDI & NSC. China. 2 Feb 2018. Retrieved 2 April 2018.
  3. "China to set up national supervision commission next year". Xinhua News Agency. 2017-10-30.
  4. "Anti-graft campaign to broaden". The Standard . 2017-11-06.
  5. 1 2 3 4 Deng, Jinting (March 2018). "The National Supervision Commission: A New Anti-corruption Model in China". International Journal of Law, Crime and Justice. 52: 58–73. doi:10.1016/j.ijlcj.2017.09.005.
  6. "CPC proposes listing supervisory commissions as state organs in Constitution". www.xinhuanet.com. Xinhua. 2018-02-25. Retrieved 2018-02-25.