Transportation Administrative Enforcement Evaluation Requirements

Original Language Title: 交通运输行政执法评议考核规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201102/20110200334060.shtml

Transportation administrative enforcement evaluation requirements

    (July 27, 2010 Ministry of transport [2010] 2nd announcement as of October 1, 2010) Chapter I General provisions

    First in order to strengthen the transport administrative law enforcement supervision, implementation of law enforcement responsibility, improve the level of law enforcement, regulate the transportation administrative enforcement evaluation work, according to the State Council implementation outline for the holistic promotion of administration by law and notice of the opinions on the implementation of responsibility system of administrative law enforcement, these provisions are formulated.

    Article transportation administrative enforcement evaluation refers to the superior transportation of transportation authority to subordinate departments, departments directly under the system management of superior authority to subordinate agencies, transportation departments at all levels to their law enforcement agencies and the Chief law enforcement officer in the exercise of administrative law enforcement mandate, comply with the statutory obligations of the appraisal.

    Article III authority and guidance of the Ministry of transport enforcement evaluation work throughout the country.

    Local transportation departments at all levels in their respective areas of responsibility within the management and enforcement evaluation the work of the organizations under their jurisdiction.

    At all levels of Transportation Department's Office of Legislative Affairs is responsible for organization-specific enforcement evaluation the implementation of this area.

    Fourth enforcement evaluation shall comply with strictly according to law, public justice, mistakes must be corrected, the principle of rewards.

    Chapter contents and standards of enforcement evaluation

    The fifth Strip enforcement evaluation include:

    (A) in the course of administrative penalty law enforcement;

    (B) in the course of administrative compulsory enforcement;

    (C) the handling of administrative licensing;

    (D) the handling of administrative reconsideration and administrative litigation, State compensation, as well as complaint cases;

    (E) the work of the law enforcement supervision and accountability.

    Sixth enforcement evaluation criteria:

    (A) administrative enforcement legal;

    (B) the administrative law enforcement in line with permissions applicable to law enforcement pursuant to appropriate;

    (C) administrative law enforcement in a just, civilized and standard;

    (D) administrative enforcement decisions both lawful and appropriate;

    (E) administrative law enforcement procedure and specifications;

    (F) the legal instrument specifications, complete;

    (G) formulate related administrative law enforcement of normative acts, the file content is not with the national laws and administrative regulations, rules and superiors contrary to normative documents;

    (VIII) registration, statistics, reporting various types of enforcement work and seek truth from facts, strictly abide by the relevant regulations, where no deception, concealment not reported.

    The seventh administrative punishment and administrative compulsory work shall meet the following criteria:

    (A) administrative enforcement legal, consistent with the provisions governing;

    (B) the administrative law enforcement in line with law enforcement powers, is not ultra vires the punishment;

    (C) the facts of the case clearly does sufficient evidence;

    (D) investigation of legitimate, timely, objective and comprehensive, without alteration, falsification, concealment, destruction of evidence and evidence cannot be obtained due to intent or gross negligence caused situations such as;

    (E) qualitative and applicable regulatory accuracy, proper;

    (Vi) administrative law enforcement procedure;

    (VII) withholding according to law, confiscated financial safe custody, prosecuted, no interception, sitting, distribute, misappropriates or otherwise misappropriated;

    (H) to perform their obligation to inform, safeguard administrative and defend themselves, and the person the right to request a hearing;

    (I) the legal instrument specifications, complete.

    Eighth article administrative licensing work must meet the following criteria:

    (A) the implementation of administrative licensing to legal, with the appropriate administrative permissions;

    (B) the implementation of the administrative license in accordance with the relevant provisions of administrative licensing items, the basis, conditions and admissibility requirements of relevant content to be public;

    (C) to perform their obligation to inform, social security administration license applicants and interested parties the right to request a hearing;

    (D) receive, review, decisions of the administrative licensing and hearings process;

    (E) the legal instrument specifications, complete.

    Nineth apply for administrative reconsideration, administrative lawsuits, State compensation, as well as complaint complaints shall meet the following criteria:

    (A) in accordance with the law on administrative reconsideration cases, non-compliance with the statutory admissibility conditions is not legally admissible, does not make a decision according to law or decision is revoked by court;

    (B) the respondent according to law in cases of administrative litigation, refused to appear in court, suing not-free views of the evidence and the respondent;

    (C) the law on State compensation, for violations without delay to confirm, does not confirm or not claims and other cases in accordance with law;

    (D) by law, timely processing of complaints a complaint without prevaricating, procrastinating and perfunctory, etc.

    Tenth law enforcement oversight and accountability work shall meet the following criteria:

    (A) strict implementation of the superior administrative Department for transport supervision decisions and orders, no refusal, delay implementation;

    (B) has found cases of error corrected, no deliberate concealment, refusing to correct the situation;

    (C) legally held responsible for liability where no downgrading is not held accountable should be investigated or held accountable.

    Chapter III organization and implementation of enforcement evaluation

    11th Transportation Department is responsible for organizing the national enforcement evaluation of transportation systems.

    Marine Bureau, the Yangtze River shipping administration enforcement evaluation the work of the organizations of the system.

    Local transportation departments at all levels will be expected to lower transport authorities and their enforcement in accordance with the provisions of the law enforcement agencies carry out routine enforcement evaluation and annual enforcement evaluation work, and at the annual enforcement evaluation result to level transportation departments.

    12th Ministry of transport to provincial Transportation Department enforcement evaluation results to report.

    Marine Bureau, the Yangtze River shipping administration of the system inform enforcement evaluation results.

    Provincial Transport Department enforcement evaluation results for the year to report within their respective jurisdictions. 13th annual enforcement evaluation work carried out can be set up chaired level Transportation Department officials, transportation departments or agencies concerned to participate in assessment leading group.

    Daily work of an assessment panel by transportation departments at all levels a legal working body responsible for implementation. 14th enforcement evaluation the implementation of centesimal system, according to the assessment the scope of the assessment the scores.

    Provincial transport authorities, departments directly under the system should be combined with local actual situation, this system projects and establishment of uniform assessment criteria.

    Enforcement evaluation results in an annual scoring as, into good, standard, substandard third gear.

    15th administrative law enforcement agency has any of the following circumstances, the annual enforcement evaluation results should be identified as substandard:

    (A) law enforcement led to the administrative relative person injury or cause mass incidents, adverse social impacts;

    (B) law enforcement refused to correct the long-term administrative relative person in Beijing, to the petitioners;

    (C) law enforcement led to media reports have caused public concern, causing serious negative impact;

    (D) the above pointed out that serious violations are not corrected;

    (E) fraud, the entry into force of law enforcement instruments such as file materials after processing, modifying and improving;

    (F) refuses to accept or actively cooperate with enforcement evaluation.

    16th enforcement evaluation should be the combination of internal reviews and external reviews.

    Internal enforcement evaluation methods include:

    (A) review the materials, listen to the briefing of the report concerned;

    (B) organize on-site inspections or investigations activities;

    (C) comments on check law enforcement files, access to relevant documents and materials;

    (D) carry out special checks or ad hoc surveys;

    (E) the legal test for administrative law enforcement personnel.

    External enforcement evaluation methods include:

    (A) a hearing;

    (B) granting law enforcement comment cards;

    (C) the establishment of public comment box;

    (D) opening review of law enforcement hotline;

    (E) employ monitoring councilors;

    (Vi) issuance of questionnaires;

    (G) holding the polls.

    17th under any of the following circumstances shall be appropriately in enforcement evaluation results plus:

    (A) in the major social event of the exercise of administrative law enforcement authority or to comply with a statutory obligation to timely, appropriate, or a good response of the system in the region;

    (B) implementation of the responsibility system for administrative law enforcement work is solid, summing up typical experiences, higher authorities to promote.

    18th the law enforcement of self-examination and self-correction, and shall be subject to liability of law enforcement can reduce the penalty points.

    19th superior transportation authorities for transportation departments at lower levels to review enforcement evaluation results. 20th of objections to enforcement evaluation results, the relevant units can be from the date it communicated the result of 15th to the Transportation Department responsible for enforcement evaluation a written complaint.

    The Transportation Department responsible for enforcement evaluation according to reorganize the staff review, and the review results in writing notify the complaints unit.

    21st transportation departments at all levels should establish administrative enforcement evaluation files, faithfully record daily enforcement evaluation, annual law enforcement as an important basis for evaluation.

    22nd local transportation departments at all levels to establish a law enforcement feedback system, duly invited law enforcement law enforcement feedback counterpart, improve law enforcement work and improve the level of law enforcement.

    The fourth chapter of rewards and punishment 23rd enforcement evaluation result is a measure of Transport Department and an important indicator of his performance of law enforcement agencies.

    Units should be informed of the examination results are excellent recognition; for three consecutive years as best, give awards to units and leaders.

    Where a declaration of national transportation system honor, enforcement evaluation results should be good.

    Article 24th enforcement evaluation results to standard units, should be criticized, to order the rectification, and cancel the Excellence Prize eligible that year. 25th in the course of enforcement evaluation found that cases that have been concluded, or law enforcement activities is definitely incorrect or inappropriate, they shall be corrected.

    Need to pursue leaders or persons law enforcement responsibilities, in accordance with the relevant provisions to be held accountable.

    Article 26th parent Transportation Department according to the law enforcement evaluation results and law enforcement needs, nonconformance to the law enforcement examination of law enforcement agencies targeted law enforcement law enforcement Steering Group guidance, together with the primary law enforcement agency of law enforcement, find the problem, correct.

    The fifth chapter supplementary articles 27th article this way come into force on October 1, 2010.