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Anti-Corruption Portal
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China has established a national system of anti-corruption bodies

China's Constitution was amended last week to establish the National Supervision Commission (National Supervision Commission).

On March 20, 2018, the first session of the 13th National People's Congress (NPC) passed the Supervision Law(中华人民共和国监察法 - Supervision Law), which sets out the Commission's operating procedures and also provides for the establishment of supervisory anti-corruption bodies in all municipalities across the country.

The Commission and municipal anti-corruption bodies have significant powers to combat corruption offenses, as well as abuse of office, negligence and embezzlement of state property, including virtually complete control over the initiation and conduct of investigations, the ability to detain any suspects and to collect evidence of a crime. At the same time, they exercise their functions not only with respect to party members (who constitute the majority of public servants), but also with respect to party members (who constitute the majority of public servants).

The system of established anti-corruption bodies has effectively combined the functions of two government departments - for control and prevention of corruption - with those of the prosecutor's office. The anti-corruption commissions are independent of the central and local governments, as well as of the judiciary and the prosecutor's office. The functions of controlling the Commission's activities and staffing it (appointment of the director, his deputy and ordinary members) are vested in the National People's Congress (similarly, for municipal supervisory bodies, the Commission is independent of the judiciary and the prosecutor's office).

Previously, anti-corruption investigations in the country used a method known asshuanggui, where suspects were held incommunicado for months to extract confessions, including through the use of torture. The new law is designed to build an anti-corruption effort based on theliuzhi principle of stricter control over law enforcement and guaranteeing adequate food and rest for prisoners. However, despite some positive adjustments, critics believe that the new law will be more effective in preventing corruption.

At the same time, critics believe that the system of bodies with broad supervisory powers could give rise to more corruption and question whether it can be independent of party power. There are also concerns about the actual granting of supervisory powers to people's congresses, which had no such powers before, and whether they can effectively exercise them.

The creation of a system of anti-corruption bodies in China was preceded by a pilot project launched at the end of 2016, under which such bodies were established in Beijing, as well as in the provinces of Shanxi and Zhejiang. It is noteworthy that during the year of the pilot program in Beijing, more than 1 million people - about 5% of the city's population - were brought in as suspects.

Prior to the decision to establish a system of anti-corruption bodies, activities aimed at preventing and combating corruption in the country were carried out by theCentral Commission for Discipline Inspection (CCDI), whose inspectors were also sent to local governments and other organizations. This structure was subordinate to the government and lacked autonomy.

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Anti-corruption authorities
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