China Bolsters Graft Watchdog With New Powers

China is preparing to significantly expand the investigative powers of its main anti-corruption agency and extend the permissible detention period for suspects, marking a further intensification of President Xi Jinping's high-profile campaign against graft [para. 1]. The revised Supervision Law, which becomes effective on June 1, introduces three new investigative measures alongside the existing “liuzhi” (retention in custody): compulsory appearance, orders to remain available for investigation, and custodial care. Notably, the maximum period a suspect can be detained will increase from six to potentially 14 months if, during the investigation, additional major crimes come to light [para. 2].

These amendments, authorized by the Standing Committee of the National People’s Congress in December of the previous year, are the first comprehensive changes to the Supervision Law since it was established in 2018. The law underpins the authority and structure of the National Supervisory Commission (NSC) and its local counterparts, agencies designed to oversee all public officials as part of broader reforms launched in 2016 [para. 3]. In addition, the NSC has issued supplementary operational rules to provide clarity on the new legal provisions [para. 4].

The revised law aims to optimize the tools available to the anti-corruption authorities and maximize their effectiveness, reflecting a stated “zero-tolerance” policy on corruption. According to quoted officials from the National People’s Congress (NPC) Legislative Affairs Commission, the changes are also designed to refine investigative procedures, tighten approval processes, enhance internal controls, and strengthen accountability within the supervisory system, ensuring that these extensive powers are exercised in line with the rule of law [para. 5].

Chapter Four of the law introduces enhanced investigative measures: "compulsory appearance," which authorizes investigators to require individuals to present themselves for questioning; "ordered to be available for investigation," a less restrictive alternative to detention, for suspects who do not require custody due to health conditions, caregiving responsibilities, or cases where detention is not immediately justified; and "custodial care," a temporary restriction of liberty for individuals considered at risk of flight or self-harm, to be resolved within seven (extendable to ten) days [para. 6][para. 7][para. 8][para. 9][para. 10][para. 11][para. 12]. Family and work units must generally be notified of custodial measures within 24 hours unless it would interfere with the investigation, and detainees are granted rights such as adequate food, medical care, and the ability to review and sign interrogation records [para. 13]. All these measures require the approval of supervisory authorities [para. 14].

Detention periods, previously capped at six months, will now begin with an initial six months and may be extended up to eight months for serious cases with NSC approval. Should major new crimes be discovered that significantly alter the case, the detention period can reset for another six months, effectively allowing up to 14 months under specific conditions [para. 15][para. 16][para. 17][para. 18]. The updated law also reinforces civilized investigative conduct, prohibits violence, and incorporates explicit protections for property rights and business operations [para. 19].

While legal experts, such as Yan Huainan, recognize these revisions as reinforcing both investigative capacity and oversight to prevent abuse, including a right for detainees and relatives to request changes to compulsory measures and a new internal "confinement" procedure for allegedly corrupt investigators, concerns remain [para. 20][para. 21][para. 22][para. 23][para. 24][para. 25][para. 26]. Yan critiques the absence of provisions for legal counsel, emphasizing that access to lawyers is a fundamental human right and should be formally included in future revisions [para. 27].