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 Public Comments Requested on the Bill on Administrative Punishments Against Public Officials
Category:Legislative Updates  
Keywords:Law on the Administrative Punishments Against Public Officials
Publish Date:10-10-2019
On October 8, 2019, the Bill on the Administrative Punishments Against Public Officials was published on, and comments may be submitted until November 6, 2019.
With a total of 66 articles in seven chapters, the Bill contains general provisions, types and application of administrative punishments, illegal acts and applicable punishments, procedures for administrative punishments, review, re-examination, and petition, legal liability, and supplemental provisions.
The Bill mainly includes: (1) Clarifying the authorities imposing administrative punishments and basic principles. The Bill stipulates that the punishment decision-making organs and entities include the appointment and removal organs and entities, and the supervisory organs; and sets out five principles of placing officials under the Party supervision, complying with laws and regulations, seeking truth from facts, democratic centralism, and “learning from past mistakes to avoid future ones and curing the illness to save the patient.” (2) Specifying the types and applicable rules of administrative punishments. The Bill sets six types of disciplinary actions including warning, demerit, gross demerit, demotion, removal from office, and dismissal, as well as corresponding periods, by reference to the types of administrative punishments as provided for by the Civil Servant Law and other laws and regulations. (3) Clearly requiring illegal acts of public officials and applicable procedures. Referring to the punishment range of the regulation on Party disciplinary actions, the corresponding punishment brackets are stipulated in light of the seriousness of acts, respectively for duty-related illegal acts and general ones. (4) Strictly regulating the procedures for administrative punishments. Chapter IV provides for the procedures for case docketing, investigation, imposing disciplinary actions, and announcement, among others. (5) Specifying the remedies for the persons subject to punishments. It stipulates the legal liabilities of the punishment decision-making organs and entities and their employees not accepting and handling public officials' review, re-examination, and petition, and otherwise illegally exercising their powers. (6) Supporting provisions state that the State Council, the State Supervision Commission, or relevant competent authorities may formulate specific provisions in accordance with this Law.
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