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Interim Provisions on Supervisory Work in the National Judicial Examination

Updated : 2015-06-04

Article 1. The interim provisions are intended to strengthen the supervision of the national judicial exam and ensure a smoother judicial examination in accordance with Administrative Supervision Law and related rules.

Article 2. Supervisory work in the national judicial examination as referred to in this interim provision refers to activities whereby supervising offices oversee and inspect the implementation and execution of laws, regulations and rules in the national judicial examination through institutions and personnel.

Article 3. The supervisory work of the national judicial examination is a combination of supervision and inspection to improve the work and of education and penalties.

Article 4. Supervisory work for the national judicial examination is expected to guarantee the implementation and execution of laws, regulations and rules for the judicial examination, completely embody a principle of fairness, equitability, and picking the best, help protect the rights and interests of examinees and ensure the seriousness and authority of the exam.

Article 5. The supervisory work for the national judicial examination is implemented solely by Ministry of Justice’s Supervision Bureau. Supervisory work in the national judicial examination is conducted by supervision rooms of judicial departments of the provinces, regions, or municipalities under the direction of the Justice Ministry’s Supervision Bureau.

Article 6. The main supervisory work for the national judicial examination is as follows:

a. Supervise and inspect the implementation of laws, regulations and rules concerning the judicial exam by institutions and personnel.

b. Identify and prosecute any violation of laws, regulations and rules for the national judicial examination by national judicial exam institutions or personnel.

c. Investigate any violation of discipline and law by institutions of the national judicial examination or personnel.

Article 7. The course of the national judicial examination work is arranged as follows:

a. Supervisors can attend meetings on the national judicial examination relevant to supervisory matters as nonvoting participants.

b. Supervisors can supervise on the spot during the signing-up and exam period.

c. The Ministry of Justice’s Supervision Bureau can send personnel to supervise on-the-spot during the examination and send personnel to supervise on-the-spot during the grading period.

d. After the proofreading period, the exam takers’ grades are to be sent to Ministry of Justice’s Supervision Bureau for recording before being published. Any alteration of the grades after the grade check must be reported to the Ministry of Justice Supervision Bureau in written form.

Article 8. In performing their duties, supervising offices have the right to do the following:

a. Ask institutions of national judicial examination and personnel to provide documents, references, or materials relevant to supervisory matters.

b. Temporarily detain or seal up for safe-keeping any documents, reference work, or other materials that may prove that a violation of the national judicial exam has occurred.

c. Ask any institution in charge of the judicial exam or their personnel to explain anything related to supervisory matters.

d. Order someone under supervision to cease any act that violates laws, regulations and rules related to the national judicial exam.

e. Suggesting to a department in charge of the national judicial exam that it suspend a person suspected of involvement in a violation of discipline.

Article 9. Any supervisory decision made by a supervisor in accordance with the law is to be implemented by an institution of the national judicial examination. Supervisory suggestion put forward by supervision organs in accordance with law should be adopted by functionary institutions of national judicial examination.

Article 10. Any institution of the national judicial exam or personnel found to be in violation of laws, regulations and rules of the national judicial exam must be ordered to correct the behavior and, if not, a notice of criticism is to be circulated by the department in charge of the national judicial exam or the supervising office. Any person found to be in violation of discipline is to be dealt with by the administrator as fits the offense, and if it violates the criminal law, the judicial office must be notified.

Article 11. If there is a serious violation of the law and disciplinary rules in the national judicial examination work, the persons in charge and others responsible for the exam will be held liable along with related leaders, in accordance with the Party system of duty and clean and honest administration.

Article 12. Any serious violation of the law and disciplinary rules or important events during the national judicial exam must be reported in due time to the Ministry of Justice’s Supervision Bureau in the supervision offices of judicial departments of provinces, regions, or municipalities.

Article 13. Supervising offices will designate certain persons to implement the supervisory work of the national judicial exam and discipline system. The supervisor must stick to principles and disciplines strictly and impartially, have probity and self-control, and do the supervisory work voluntarily. Any supervisor who violates disciplinary rules in the national judicial exam will be dismissed summarily.

Article 14. The Interim Provisions take effect immediately.

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