Order of the National Bureau of Statistics
sequence 21 number
The Measures for the Supervision and Inspection of Statistical Law Enforcement have been discussed and passed at the 1st executive meeting of the National Bureau of Statistics on June 2, 2017, and are hereby promulgated and shall come into force as of September 1, 2017.
Director Ning Ji Zhe
July 5, 2017
Measures for supervision and inspection of statistical law enforcement
Chapter I General Principles
the first In order to standardize the supervision and inspection of statistical law enforcement, protect the legitimate rights and interests of citizens, legal persons and other organizations, and ensure and improve the quality of statistical data, these measures are formulated in accordance with the Statistics Law of the People’s Republic of China, the Administrative Punishment Law of the People’s Republic of China and the Regulations for the Implementation of the Statistics Law of the People’s Republic of China.
the second These Measures shall apply to the supervision and inspection of the statistical agencies of the people’s governments at or above the county level on the implementation of statistical laws, regulations and rules and the investigation and punishment of statistical violations.
Article Under the leadership of the National Bureau of Statistics, the Bureau of Statistics Law Enforcement Supervision of the National Bureau of Statistics is specifically responsible for organizing and managing the supervision and inspection of national statistical law enforcement, guiding and supervising the work of local statistical agencies and statistical law enforcement supervision and inspection agencies of the national investigation team, inspecting the implementation of statistical laws in various localities and departments, and investigating major statistical violations.
Provincial and municipal statistical law enforcement supervision and inspection institutions, under the leadership of their respective statistical bureaus or national investigation teams, are specifically responsible for guiding and supervising the supervision and inspection of statistical law enforcement in their own regions and systems, inspecting the implementation of statistical laws in their own regions and systems, and investigating statistical violations. County-level statistical law enforcement supervision and inspection institutions or law enforcement inspectors shall, under the leadership of their respective statistical bureaus or national investigation teams, be responsible for the supervision and inspection of statistical law enforcement in their own regions and systems according to the legal division of labor.
Local statistical agencies and national investigation teams shall establish a communication and cooperation mechanism for statistical law enforcement supervision and inspection.
Article 4 The relevant departments of the people’s governments at or above the county level shall, under the organization and guidance of the statistical agencies of the people’s governments at the same level, be responsible for supervising the implementation of the statistical law in the statistical investigation of their own departments, and hand over statistical violations that occur in the statistical investigation of their own departments to the statistical agencies of the people’s governments at the same level for handling.
Article 5 The statistical agencies of the people’s governments at all levels shall establish the responsibility system and accountability system for the supervision and inspection of administrative law enforcement, and effectively guarantee the personnel, funds and other working conditions required for the supervision and inspection of statistical law enforcement.
Article 6 The supervision and inspection of statistical law enforcement should implement the principle of abiding by laws, strictly enforcing laws and prosecuting offenders, adhere to the combination of prevention, investigation and rectification, adhere to the combination of education and punishment, and adhere to the principles of seeking truth from facts, objectivity and fairness, unification and standardization, civilized law enforcement, high efficiency and honesty.
In the supervision and inspection of statistical law enforcement, people who have an interest in the object of law enforcement supervision and inspection and other personnel who may affect impartiality should be avoided.
Article 7 The statistical agencies of the people’s governments at or above the county level shall unblock the channels for reporting statistical violations, publish the telephone number, mailing address, network column and e-mail address of statistical violations, and seriously accept, verify and handle statistical violations.
Article 8 Statistical institutions of the people’s governments at or above the county level shall establish a reporting system for the investigation and handling of statistical violations, and regularly report statistical violations, statistical law enforcement supervision and inspection, and statistical violations.
Chapter II Supervision and Inspection of Statistical Law EnforcementInstitutions and law enforcement inspectors
Article 9 The statistical agencies of the people’s governments at or above the county level shall improve the supervision and inspection team of statistical law enforcement, improve the supervision and inspection mechanism of statistical law enforcement, establish the backbone talent pool of statistical law enforcement, and ensure that the personnel in the pool obey the call of the database establishment agency.
Article 10 The main responsibilities of statistical law enforcement supervision and inspection institutions and law enforcement inspectors are:
(1) Drafting and formulating statistical laws, regulations and normative documents;
(two) publicity and implementation of statistical laws and regulations;
(three) to organize, guide, supervise and manage the supervision and inspection of statistical law enforcement;
(four) to investigate and deal with statistical violations according to law, and to prevent and punish statistical fraud and fraud;
(five) organize the implementation of statistical law enforcement "double random" spot checks, accept, handle and supervise statistical illegal reports;
(six) establish and improve the statistical credit system, establish and implement the joint punishment mechanism for statistical fraud and fraud;
(seven) to supervise and investigate illegal activities in foreign-related statistical investigation activities and folk statistical investigation activities;
(eight) other duties as prescribed by laws, regulations and rules.
Article 11 Law enforcement inspectors shall participate in training and pass the examination, and obtain a statistical law enforcement certificate issued by the National Bureau of Statistics.
With the approval of the statistical agencies of the people’s governments at or above the county level, professional and technical personnel may be employed to participate in the supervision and inspection of statistical law enforcement.
Article 12 Statistical law enforcement supervision and inspection institutions shall strengthen the laws and regulations, statistical business knowledge, professional ethics education and law enforcement supervision and inspection skills training of their law enforcement inspectors, and improve the management, assessment and reward and punishment system.
Chapter III Supervision and Inspection of Statistical Law Enforcement
Article 13 The statistical agencies of the people’s governments at or above the county level and relevant departments shall establish the working mechanism and relevant system of statistical law enforcement supervision and inspection, and comprehensively use the methods of "double random" spot check, special inspection, key inspection and on-the-spot verification to organize the supervision and inspection of statistical law enforcement in their own regions, departments and units.
In accordance with the relevant provisions of the state, actively promote the statistical law enforcement supervision and inspection record system.
Article 14 Statistical law enforcement supervision and inspection items include:
(a) the local people’s governments at all levels, government statistical agencies and relevant departments, as well as all units and their responsible persons, abide by and implement statistical laws, regulations and rules and national statistical rules and decrees;
(two) the local people’s governments at all levels, government statistical agencies and relevant departments to establish a responsibility system and accountability system to prevent and punish statistical fraud;
(three) statistical agencies and statisticians independently exercise their functions and powers of statistical investigation, statistical report and statistical supervision according to law;
(four) the state organs, enterprises, institutions and other organizations, as well as individual industrial and commercial households and individuals and other statistical investigation objects to comply with statistical laws, regulations and rules, statistical investigation system;
(five) to carry out foreign-related statistical investigations and folk statistical investigations according to law;
(six) other matters stipulated by laws, regulations and rules.
Article 15 The statistical agencies of the people’s governments at or above the county level shall accept the reports received in strict accordance with the provisions. If there may be statistical violations after examination, they shall take measures to put on record for investigation and law enforcement inspection, and the statistical agencies of the people’s governments at or above the municipal level may also forward the reports to the statistical agencies at lower levels for handling in accordance with the provisions.
Article 16 The statistical agencies of the people’s governments at or above the county level shall, before organizing the implementation of the supervision and inspection of statistical law enforcement, draw up an inspection plan, and clarify the basis, time, scope, content and organizational form of the inspection.
Article 17 Statistical law enforcement supervision and inspection institutions or law enforcement inspectors shall report to the person in charge of the statistical institutions of the people’s government for approval before organizing the implementation of law enforcement supervision and inspection.
Article 18 The implementation of statistical law enforcement supervision and inspection shall inform the inspection object in advance, and inform the people’s government of the name of the statistical agency that implements the inspection, the basis, scope, content, method and time of the inspection, and the specific requirements for the inspection object.
Article 19 Statistical law enforcement supervision and inspection institutions to carry out law enforcement supervision and inspection, law enforcement inspectors shall not be less than 2, and shall produce a unified statistical law enforcement certificate issued by the National Bureau of Statistics, inform the inspection object and the relevant units of the relevant rights, obligations and corresponding legal responsibilities. If the statistical law enforcement certificate is not produced, the relevant units and individuals have the right to refuse to accept the inspection.
Article 20 The statistical agencies of the people’s governments at or above the county level shall exercise their functions and powers of supervision and inspection of statistical law enforcement in accordance with the provisions of Article 35 of the Statistics Law when investigating illegal acts or verifying statistical data.
Article 21 The object of inspection and the relevant units shall, in accordance with the provisions of statistical laws and regulations, actively cooperate with the supervision and inspection of law enforcement and provide necessary conditions for the inspection work. Relevant personnel shall truthfully answer inquiries, reflect the situation, provide relevant certificates and materials, verify the transcripts, and sign the relevant certificates, materials and transcripts, and affix the official seal of the units involved. Refusing to sign or seal, the law enforcement inspectors shall record the reasons on the spot and make audio and video recordings.
Relevant localities, departments and units shall promptly notify relevant personnel to accept the inspection as required.
Article 22 Statistical law enforcement supervision and inspection institutions shall, in the process of law enforcement supervision and inspection, make law enforcement documents in a timely manner according to regulations, truthfully record the inquiries made by law enforcement inspectors and the information reflected by the inspection objects, as well as the certificates and materials provided, and the law enforcement inspectors shall sign the relevant records.
Article 23 The statistical agencies and law enforcement inspectors of the people’s governments at or above the county level shall be obliged to keep confidential the state secrets, business secrets, personal information and materials that can identify or infer the identity of a single investigation object.
Article 24 The statistical law enforcement supervision and inspection institution shall, after the investigation, submit an inspection report to the statistical institution of the people’s government in a timely manner, report the problems found in the inspection and put forward suggestions.
Article 25 Statistical institutions of the people’s governments at or above the county level have found statistical violations, and should be investigated for legal responsibility according to law. Generally, they should be investigated and dealt with by the inspection organs, or they can be submitted to the statistical institutions of the people’s governments at the next higher level or handed over to the people’s governments at lower levels for investigation and handling according to the nature and circumstances of the violations.
Chapter IV Punishment of Statistical Violations
Article 26 The punishment of statistical violations shall be carried out in accordance with the following procedures: filing, investigating, handling and closing the case.
Article 27 To investigate and deal with statistical illegal cases, the facts should be clear, the evidence should be conclusive, the nature should be accurate, the handling should be appropriate, the applicable law should be correct, and legal procedures should be followed.
Article 28 The National Bureau of Statistics is responsible for investigating cases of statistical fraud and fraud with serious circumstances or bad influence, cases of ineffective implementation of major national statistical arrangements, serious statistical fraud and fraud cases in major national conditions and national strength surveys, and other major statistical violations.
Provincial statistical bureaus shall be responsible for investigating and handling cases of statistical fraud and fraud within their respective administrative areas, and cases that violate the national statistical investigation system and important local statistical investigation systems. However, cases of statistical fraud, fraud and violation of the national statistical investigation system in the statistical investigation organized and implemented by the National Investigation Corps shall be investigated and dealt with by the National Investigation Corps.
Municipal and county-level statistical bureaus and municipal and county-level investigation teams of the National Bureau of Statistics shall be responsible for investigating and handling statistical illegal cases within their respective administrative areas according to law.
Article 29 Statistical law enforcement supervision and inspection agencies are specifically responsible for investigating statistical violations, and the statistical law enforcement team accepts the entrustment of its subordinate statistical agencies to carry out relevant law enforcement inspections.
Article 30 For the following statistical violations, the statistical agencies of the people’s governments at or above the county level shall file a case according to law:
(a) all localities, departments and units and their responsible persons violate statistical laws, regulations and rules;
(two) the statistical agencies of the people’s governments at or above the county level and their staff violate statistical laws, regulations and rules;
(three) state organs, enterprises, institutions and other organizations, as well as individual industrial and commercial households and other survey objects in violation of statistical laws and regulations;
(four) in violation of national statistical rules and decrees;
(5) Violating the relevant laws, regulations and rules of foreign-related statistical investigation and folk statistical investigation;
(six) other cases that should be filed in accordance with the provisions of laws, regulations and rules.
For statistical violations found in the supervision and inspection of statistical law enforcement and clearly investigated, if it is necessary to file a case for investigation, it shall be added.
Article 31 The statistical violations investigated and dealt with shall meet the following conditions at the same time:
(a) there is a clear actor;
(two) in violation of the provisions of article thirtieth of the act, shall be investigated for legal responsibility according to law;
(three) belong to the people’s government statistical agencies responsibilities and jurisdiction.
Statistical law enforcement supervision and inspection institutions shall, in accordance with the conditions stipulated in the preceding paragraph, conduct a preliminary examination of the relevant materials to be filed, fill in the Approval Form for Filing a Case, and submit it to the person in charge of the statistical institution of the people’s government for approval before filing a case.
Article 32 If a case is decided to be put on file for investigation, an investigation shall be organized in time. There shall be no less than 2 law enforcement inspectors in general cases, and a law enforcement inspection team shall be formed in major cases according to regulations.
Article 33 Law enforcement inspectors shall collect evidence legally, objectively and comprehensively. In the process of collecting evidence, law enforcement inspectors shall make on-site inspection records, investigation records and other documents in a timely manner, and sort out and make the Evidence Registration Form.
The evidence of the case shall be related to the case, including documentary evidence, physical evidence, electronic data, audio-visual materials, witness testimony, statements of the parties, expert conclusions, records of inquests and other materials that can prove illegal facts.
Article 34 After the investigation, the law enforcement inspection team or law enforcement inspectors shall form an investigation report in time and submit it to the person in charge of the statistical agency of the people’s government.
The contents of the inspection report include: filing basis, inspection situation, illegal facts, legal basis, illegal nature, legal responsibility, discretionary circumstances, handling opinions, etc.
Article 35 The statistical law enforcement supervision and inspection institution shall organize a meeting in time to discuss and hear the case, determine the nature of the statistical illegal act and the decision to deal with it, and report it to the person in charge of the statistical institution for review. If the circumstances are complicated or major illegal acts are given heavier administrative punishment, it should be decided through collective discussion.
In the course of the trial, if it is found that the statistical illegal facts are unclear, the evidence is insufficient or the procedure is wrong, it shall instruct the statistical law enforcement supervision and inspection institutions or law enforcement inspectors to supplement or re-investigate in time.
Article 36 At the end of the trial of statistical illegal cases, the following situations shall be dealt with respectively:
(1) If there is insufficient evidence of violation of statistical laws, regulations and rules, or if the facts of statistical violations are minor, legal responsibility should not be investigated according to law, that is, a marketing case;
(two) in violation of statistical laws and regulations, the facts are clear and the evidence is conclusive, and it shall be dealt with according to law;
(three) in violation of statistical laws and regulations and national statistical rules and decrees, should be punished, transferred to the appointment and removal organs or discipline inspection and supervision organs;
(four) in violation of statistical laws and regulations and national statistical rules, government decrees, was identified as a serious breach of trust in statistics, publicity and punishment in accordance with the relevant provisions of the state;
(five) suspected of violating other laws and regulations, handed over to the relevant administrative organs;
(six) suspected of committing a crime, transferred to judicial organs.
Article 37 Statistical illegal facts are clear and the evidence is conclusive, and it is decided to impose administrative punishment according to law. Before making the decision on administrative punishment, a Notice of Statistical Administrative Punishment Decision shall be made to inform the object of punishment of the facts, reasons, basis and rights enjoyed by the object of punishment according to law. When the object of punishment makes statements and arguments on the punishment decision and puts forward different opinions, the statistical law enforcement supervision and inspection institutions shall listen carefully. The punishment object puts forward new facts, reasons and evidence, and the statistical law enforcement supervision and inspection institution shall conduct a review. If the review is established, it shall be adopted.
Article 38 Before the statistical agencies of the people’s governments at or above the county level make a decision on administrative punishment of a legal person or other organization with a fine of more than 50,000 yuan, or an individual industrial and commercial household with a fine of more than 2,000 yuan, they shall inform the object of punishment of the right to request a hearing. If the object of punishment requests a hearing, the statistical agency that made the decision on punishment shall organize a hearing according to law.
The object of punishment shall, within 3 days after receiving the Notice of Statistical Administrative Punishment Decision, put forward a hearing request to the statistical institution that made the punishment decision, and the statistical institution that made the punishment decision shall notify the object of punishment of the time and place of the hearing 7 days before the hearing.
The hearing shall be presided over by non-law enforcement inspectors designated by statistical agencies. If the object of punishment thinks that the moderator has a direct interest in the case, he has the right to apply for withdrawal. When holding a hearing, the law enforcement inspectors put forward the facts, evidence and punishment suggestions of the object of punishment, and the object of punishment defended and cross-examined. A written record shall be made for the hearing, and the written record shall be signed or sealed by the object of punishment after examination and verification.
After the hearing, the statistical agency shall make a decision on punishment in accordance with Article 36 of these Measures.
Article 39 Statistical violations should be given administrative punishment, make a decision on punishment according to law, and make a decision on statistical administrative punishment. The Decision on Statistical Administrative Punishment shall specify the following items:
(a) the name or name and address of the object of punishment;
(2) Facts and evidence that violate statistical laws, regulations and rules;
(three) the types and basis of statistical administrative punishment;
(four) the way and time limit for the performance of statistical administrative punishment;
(five) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision of statistical administrative punishment;
(six) the name of the statistical agency that made the decision on statistical administrative punishment and the date of making the decision.
The decision on statistical administrative punishment must be stamped with the seal of the statistical institution that made the decision on statistical administrative punishment.
Article 40 The statistical agencies of the people’s governments at or above the county level shall deliver the punishment object within 7 days after the decision on statistical administrative punishment is made. The object of punishment shall sign and seal the receipt of service, and indicate the date of receipt. If the object of punishment refuses to accept it, it shall be witnessed by other personnel, and the service personnel and witnesses shall sign the receipt of service and indicate the reasons, and retain the Decision on Statistical Administrative Punishment; If the object of punishment cannot be accepted, it shall be witnessed by other personnel, and the service personnel and witnesses shall sign the receipt and indicate the reasons.
If it is delivered by post, it shall be sent by registered post in China.
Article 41 After the decision of statistical administrative punishment is made, the object of punishment shall be fulfilled within the time limit of the decision of statistical administrative punishment. If the object of punishment refuses to accept the decision on statistical administrative punishment, applies for administrative reconsideration or brings an administrative lawsuit, the statistical administrative punishment shall not be suspended.
Statistical law enforcement supervision and inspection institutions shall timely grasp the implementation of statistical administrative punishment.
Article 42 Statistical violations investigated and dealt with shall be handled within 3 months after the case is filed; If it is necessary to extend the processing period due to special circumstances, it shall be reported for approval according to regulations, but the extension period shall not exceed 3 months.
Article 43 If the statistical illegal facts are clear and have a legal basis, and a legal person or other organization is given a warning or a warning and imposed an administrative penalty of a fine of not more than 1000 yuan, a summary punishment procedure can be applied and a decision on statistical administrative penalty can be made on the spot.
Article 44 After the implementation of the decision on handling statistical violations, the case shall be closed in time.
The closing report shall be written and submitted to the person in charge of the statistical agency of the people’s government for approval, and the case shall be closed.
Article 45 Statistical institutions of the people’s governments at or above the county level shall, when investigating and handling statistical illegal cases, put forward suggestions for punishment in accordance with relevant regulations, and transfer the case materials and suggestions for punishment to the appointment and removal organ or discipline inspection organ, supervision organ and organization (personnel) department with jurisdiction.
Article 46 Those who have serious statistical fraud shall be deemed as statistically serious dishonesty according to law, and shall be publicized and punished in accordance with relevant regulations.
Chapter V Legal Liability
Article 47 People’s governments at or above the county level statistics institutions responsible person, law enforcement inspectors and related personnel in the statistical law enforcement supervision and inspection has one of the following acts, shall be informed by the statistics institutions, and shall be punished by the appointment and removal organ or the discipline inspection and supervision organ:
(a) shielding and conniving at statistical violations;
(two) the case is not reported, and the case is not investigated;
(three) failing to accept, verify and deal with statistical illegal reports according to regulations;
(four) failing to carry out statistical law enforcement supervision and inspection according to the statutory authority, procedures and requirements, resulting in adverse consequences;
(five) in violation of confidentiality provisions, disclosure of informants or the case;
(six) abuse of power, favoritism;
(seven) other violations of discipline and law.
Article 48 Persons in charge of statistical agencies of the people’s governments at or above the county level, law enforcement inspectors and their related personnel who violate relevant disciplines in the supervision and inspection of statistical law enforcement shall be punished according to discipline.
Article 49 The person in charge of the statistical agencies of the people’s governments at or above the county level, law enforcement inspectors and their relevant personnel shall be punished according to discipline and law if they disclose state secrets, business secrets, personal information and materials that can identify or infer the identity of a single investigation object.
Chapter VI Supplementary Provisions
Article 50 These Measures shall come into force as of September 1, 2017. "Statistical law enforcement inspection regulations" shall be abolished at the same time.