1st LD-Writethru-China Focus: Draft supervision law clarifies norms for new detention system

BEIJING, Dec. 22 (Xinhua) -- China's draft supervision law, which is under its second review at the top legislature, has included major revisions to standardize the new detention system, which is designed to replace the practice of "shuanggui."

The family and work unit of detained suspects should be notified of the detention within 24 hours, said a report to the National People's Congress (NPC) Standing Committee's bi-monthly session, scheduled to run Friday to Wednesday.

Exceptions can only be made when there is danger of collusion, evidence or witness tampering or other forms of obstruction to the investigation.

The draft clarifies the previous provision, which vaguely stated that exceptions could be made under "circumstances that could obstruct investigation."

The draft was submitted to the top legislature for its first reading in June.

China announced its decision to replace the practice of "shuanggui" with detention, during the 19th National Congress of the Communist Party of China (CPC) in October, as reform of the national supervision system deepens.

Shuanggui is an intra-party disciplinary practice, exercised by Party disciplinary officials, where a CPC member under investigation must cooperate with questioning at a set time and place.

The new system adds clarity to detention practices.

The bill adds provisions to better protect personal and property rights of those under investigation.

Detention should finish as soon as supervisory organs find such measures become inappropriate.

The freezing or seizure of assets should be lifted within three days and assets returned to suspects if they are proved to have no connection to a case.

Physical checks on female suspects should be conducted by female staff members, the draft said. Supervisory organs should ensure food, rest, safety and medical service of detainees.

The bill also suggests stricter limits on the use of technical investigation measures.

Such measures could be applied to job-related crimes including major corruption and bribery cases, it said, scrapping dereliction of duty from the list.

The draft supervision law makes clear regulations on China's national supervision system, ways to form supervisory organs, responsibilities and powers, and means of investigation to ensure such organs act in accordance with law.

"Supervisory organs exercise independent supervision power in accordance with law, and they are not subject to interference from administrative agencies, social groups or individuals," the draft states.

It set a three-month limit on detention, which can be doubled under "special circumstances."

Stressing oversight of supervisory personnel, the draft said supervisory organs should set up special supervisory agencies or take other measures to ensure a loyal, clean and responsible supervisory force.

China began to pilot the supervisory system reform in Beijing and the provinces of Shanxi and Zhejiang in January.

The draft was formulated based on pilot experience and research by the top legislature and CPC disciplinary agency. Enditem