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Nanjing Administrative Law Enforcement Supervision

Original Language Title: 南京市行政执法监督办法

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Administrative law enforcement oversight in Nanjing

(Adopted at the 24th ordinary meeting of the Government of South Africa, on 17 January 2014, No. 300 of the Decree No. 300 of 23 January 2005 of the People's Government of South Kyoto City issued effective 1 March 2014)

Chapter I General

Article 1, in order to strengthen administrative law enforcement oversight, regulate administrative law enforcement activities, enhance the effectiveness of administrative law enforcement, expedite the construction of the Rule of Law Government, develop this approach in line with the provisions of the relevant laws, regulations.

Article 2 Administrative law enforcement oversight within the city's administration is applicable.

The administration of law enforcement activities by the municipality, the people of the region and the Government of the region to establish vertically led administrative law enforcement agencies within this administrative area is governed by law.

Special oversight activities such as administrative inspection, audit, administrative review, normative documentation review are carried out in accordance with the relevant laws, regulations and regulations.

Article 3 of this approach refers to the supervision of administrative law enforcement by the municipal, territorial Government of the lower-level people and their subordinate executive law enforcement authorities, the organization mandated by the executive branch in accordance with the law, the law and regulations that govern the functioning of public affairs (hereinafter referred to as the executive law enforcement body).

Article IV.

The Government's rule of law sector is responsible for the implementation of administrative law enforcement oversight in this administrative area, under the leadership of the people at this level.

The executive law enforcement body is responsible for the implementation of administrative law enforcement oversight in this sector.

Article 5. Administrative law enforcement oversight should be guided by the principles of law, justice, openness and error, and promote strict and legal administration at all levels of administration and law enforcement and the preservation of the legitimate rights and interests of citizens, legal persons and other organizations.

Article 6

Article 7. Administrative law enforcement authorities should decentralize administrative law enforcement and strengthen guidance and oversight, in accordance with the requirements of administrative law enforcement, coherence, focus and ownership, joint law enforcement and effective oversight.

Article 8

Article 9 provides recognition and incentives to units and individuals that have made a difference in administrative law enforcement oversight.

Chapter II Administrative law enforcement norms

Article 10 The establishment, change, transfer, withdrawal and withdrawal of administrative law enforcement matters, which are brought by law by the executive branch of the administration, are integrated in the management of administrative power matters, as determined by law by the municipal authorities' rule of law.

The executive law enforcement authorities exercise administrative law enforcement rights and must not go beyond the determination of competence and scope, without any determination.

Article 11. Administrative law enforcement agencies should implement administrative law enforcement responsibilities and report on annual administrative law enforcement to the current people's Government. Implementation of administrative law enforcement responsibilities is included in the annual executive review of law.

The following areas are the administrative law enforcement focus area:

(i) Natural resources and ecological environmental protection;

(ii) Food, drug security regulation;

(iii) Controls and inspections of illegal buildings;

(iv) Road traffic management;

(v) Development of parks, landscapes and window areas;

(vi) Maintenance of public safety and social order;

(vii) Other focus areas identified by the city, the people of the region.

The executive law enforcement agencies in the focus area should undertake specific administrative law enforcement activities to invite the public to comment on administrative law enforcement.

Article 13 Administrative law enforcement agencies implementing local legislation should submit an annual report on the implementation of local legislation to the General Assembly Standing Committee of People at this level.

Article 14.

The qualification of the executive law subject and its law enforcement and jurisdiction are made public by the municipal authorities' rule of law.

As a result of institutional adjustments, law enforcement is based on changes of law, executive law enforcement subjects and their law enforcement are subject to re-identification and publication.

The executive law enforcement authority shall not be exercised without a unit that determines the qualifications of the subject matter of administrative law enforcement. Any unit or person has the right to report violations committed by an administrative law enforcement qualification unit.

The executive law enforcement body, which is the subject of administrative reporting, has been established in accordance with the authority to determine the qualifications of the executive law enforcement subjects and has been provided to the municipal authorities for the rule of law.

The Government of the town, the Office of the streets are well-established for administrative law enforcement and administrative law enforcement coordination and cooperation.

Article 15.

Administrative law enforcement officers should obtain administrative law enforcement documents in accordance with the training examinations, in accordance with the statutory procedures.

In accordance with the law, over the administrative law enforcement documents of the executive authorities of the provincial authorities, the executive law enforcement agencies should submit cases to the municipal authorities for the rule of law.

The municipal rule of law sector has established the archives of administrative law enforcement officials and has published information on the work units of administrative law enforcement officials, the types of law enforcement, the scope of law enforcement and social oversight.

Administrative law enforcement officials shall not go beyond the authority and scope of law enforcement.

Any unit or individual has the right to report on violations committed by undocumented personnel in administrative law enforcement activities.

Article 16, when administrative law enforcement agencies carry out administrative law enforcement acts, administrative law enforcement officials may not be less than two and present administrative law enforcement documents; the executive relative has the right to refuse and report, except under the law.

Administrative law enforcement agencies may hire administrative law enforcement officers according to their needs. A specific approach to the management of administrative law enforcement officers was developed separately.

The executive law enforcement officers, with the leadership of administrative law enforcement officials, are not involved in specific administrative law enforcement. Administrative law enforcement officers are responsible by administrative law enforcement agencies for the consequences of law enforcement auxiliary acts and transcends.

Article 17 Regional areas where the law, regulations and regulations are in place, the relevant executive law enforcement agencies should authorize or entrust the exercise of administrative law enforcement in accordance with the law. Integrated management institutions should exercise administrative law enforcement authority and assume corresponding responsibilities in accordance with their mandates.

Administrative law enforcement matters are not authorized or commissioned by law, and administrative law enforcement agencies should be deployed to law enforcement agencies in the integrated management region and will coordinate, conduct and review with the Integrated Management Service for law enforcement.

Article 18 Joint law enforcement matters are determined and made public by the municipality and the people of the region in accordance with administrative law enforcement.

The executive law enforcement organs involved in joint law enforcement perform their duties in accordance with the law, implement administrative administration, make administrative decisions and assume the corresponding responsibility.

In accordance with the law, other executive law enforcement agencies cooperate with and assist in administrative law enforcement matters, the competent organ assumes the primary responsibility and the responsibility for cooperation and assistance.

Article 19 The administrative law enforcement authorities have received complaints or reports that should be handled by other administrative law enforcement agencies, which should be transferred within two working days to the relevant administrative law enforcement agencies and to inform the complainant or the reporting person.

Article 20 provides that administrative law enforcement is governed by the division of labour and competence, and is governed by territorial jurisdiction, level jurisdiction and designation.

Territorial jurisdiction means that laws, regulations and regulations do not provide for jurisdiction, which is the responsibility of the administrative law enforcement agencies in the area where the offence occurs.

Levels of jurisdiction refer to cases governed by law, regulations and regulations expressly by the executive law enforcement authorities of the city, which are reported by the administrative law enforcement agencies of the area where the offence occurs or by the executive law enforcement agencies of the city.

The designation of jurisdiction means a dispute between the executive law enforcement authorities regarding administrative law enforcement matters, which may be submitted in accordance with the statutory procedure for a common Government decision. Under the jurisdiction of the district administrative law enforcement authorities, as special reasons are not or are not competent, the administrative enforcement agencies of the district may bring to the jurisdiction of the municipal administration or to designate jurisdiction.

Article 21 governs disputes between executive law enforcement agencies and should be resolved through consultation; consultations cannot be agreed by the Government's rule of law, which is regulated by law; coordination cannot be agreed and brought to the Government's decision by the Government's rule of law.

In article 22, the executive law enforcement authorities should exercise common jurisdiction over the investigation of the offences surrounding the jurisdiction. Removal offences under common jurisdiction are investigated by administrative law enforcement authorities.

Article 23 should regulate the form of administrative law enforcement instruments and inform the municipal authorities of the review process. Major administrative law enforcement decisions should be adopted by means of philosophicalization, specifying administrative law enforcement and applicable circumstances.

More than provincial departments provide otherwise for the form of administrative law enforcement instruments.

Article 24 should establish a baseline system for administrative law enforcement, and establish administrative law enforcement discretion rules.

The implementation of the national, provincial and administrative law enforcement benchmarks should be presented to the Government's rule of law sector.

Article 25 Administrative law enforcement authorities have a statutory time frame for the conduct of administrative law enforcement cases and are closed within the statutory time frame; public commitments are made short of the statutory time frame and are closed within the time frame of commitment; and, in the light of the complexity of the merits, there is a need for extension of the time frame, the approval process should be carried out and the administrative relative. The extension period shall not exceed the statutory extension period.

Article 26 has one of the following cases in the administration of justice, which is not performed by administrative law enforcement functions:

(i) Inadequate implementation, non-implementation or misimplementation of decision-making matters at the superior authority, without setting time limits for the completion of administrative law enforcement mandates;

(ii) Interference between executive law enforcement authorities and the facilitation agencies, administrative areas and integrated management areas;

(iii) The cases to be transferred shall not be transferred in accordance with the provisions;

(iv) To request other administrative law enforcement authorities to provide identification, identification or information, without justification for refusing or delay the provision of administrative enforcement delays or failure to conduct regular proceedings;

(v) No coordination of law enforcement disputes and failure to perform administrative law enforcement functions;

(vi) Other administrative enforcement responsibilities under laws, regulations and regulations are not performed.

Article 27 is one of the following cases in which administrative law enforcement agencies and their administrative law enforcement officials are not prosecuted:

(i) The admissibility, review and decision within the statutory time frame or the commitment period;

(ii) Be found that the offence is not stopped, corrected or inspected;

(iii) The fulfilment of statutory responsibilities such as the conduct of inspections, inspections, testing, testing and quarantine;

(iv) Complaints, reports that are not admissible, investigated, processed and communicated to the complainant, the reporting person;

(v) No administrative compensation or compensation shall be granted by law;

(vi) No enforcement of judicial decisions or administrative review decisions;

(vii) Other administrative enforcement cases.

Article 28 provides one of the following cases for executive law enforcement agencies and their administrative law enforcement personnel, which are the administrative law enforcement disorder:

(i) It is not possible to determine whether law enforcement is based on law enforcement or goes beyond competence;

(ii) The application of laws, regulations, regulations based on a manifest error;

(iii) Change of administrative decisions in violation of statutory procedures;

(iv) A clear misappropriation or abuse of the discretion of administrative law enforcement;

(v) Administrative law enforcement is manifestly dysfunctional or grossly enforced;

(vi) Extensive extension of the time frame in violation of the provisions or the time frame for commitment;

(vii) Non-use of votes or non-use of legal instruments;

(viii) Call upon the relative administrative to the obligation of unlawful determination;

(ix) Other cases where administrative law enforcement is not properly exercised.

Chapter III Administrative law enforcement oversight

Article 29 should perform the following duties:

(i) The establishment of an improved administrative law enforcement oversight system, a review appraisal system and the organization of implementation;

(ii) Oversight of the implementation of laws, regulations, regulations and regulations by administrative law enforcement authorities;

(iii) To promote the implementation of administrative law enforcement responsibilities;

(iv) To submit an annual report on administrative law enforcement oversight to the Government of the people at this level, which is included in the annual report of the Government of the people at this level on the work of the executive branch;

(v) Administerability management of executive law enforcement and administrative law enforcement personnel;

(vi) A review of significant administrative law enforcement and matters;

(vii) Coordination of administrative law enforcement functions disputes;

(viii) The establishment of administrative law enforcement monitoring telephones and online windows to receive complaints of administrative law enforcement, reports, cases of significant administrative law enforcement complaints, reporting cases;

(ix) To conduct specialized administrative enforcement inspections in the focus area and to invite the public to review;

(x) Other oversight matters under laws, regulations and regulations.

Article 33 Administrative law enforcement oversight may take the following measures:

(i) To ask administrative law enforcement agencies and their administrative law enforcement officials, administrative counterparts, witnesses, and to produce a survey;

(ii) Access, replication of administrative law enforcement files and related accounts, tickets, vouchers;

(iii) Collection of evidence, including audio-visual recordings.

Administrative law enforcement agencies and their administrative law enforcement officials should assist in the inspection.

Article 31 establishes an administrative law enforcement oversight system in the city.

Administrative law enforcement monitors have been drawn from administrative authorities and, after the training of candidates, have obtained administrative law enforcement oversight certificates and oversight of designated administrative law enforcement activities. In implementing administrative law enforcement oversight, administrative law enforcement oversight certificates should be presented.

Administrative law enforcement agencies and their administrative law enforcement officials should be subject to oversight.

In accordance with article 32, the executive law enforcement monitors perform the following duties:

(i) Oversight of the performance of the functions of the executive law enforcement and its administrative law enforcement personnel by law;

(ii) Participation in the identification of major administrative law enforcement cases;

(iii) Observations, recommendations on administrative law enforcement;

(iv) Participation in specialized inspection activities for administrative law enforcement oversight.

Article 33, executive law enforcement monitors have found that administrative law enforcement agencies and their law enforcement officers do not carry out administrative law enforcement duties, omissions, incests, have the right to stop and reorder and to make investigations and recommendations to the Government's rule of law sector or administrative law enforcement agencies.

In accordance with the provisions of Article 34, the Government's rule of law sector invites social persons to act as specially invited administrative law enforcement monitors and to receive administrative law enforcement oversight certificates. Members of executive law enforcement officers are invited to serve for a term of one year and are reappointed.

Members of executive law enforcement are invited to work or to engage in activities that are incompatible with the identity of specially invited administrative law enforcement monitors and to remove their supervisors' qualifications.

Article 35 invited the executive law enforcement supervisor to perform the following duties:

(i) To assist in monitoring the performance of the functions of the executive law enforcement and its administrative law enforcement personnel in accordance with the law;

(ii) Participation in collective consideration of major administrative law enforcement cases and supervision of the normative exercise of the discretionary power of administrative law enforcement;

(iii) Observations, recommendations on administrative law enforcement;

(iv) Participation in specialized inspection activities for administrative law enforcement oversight.

Article 36 advises and recommends that administrative law enforcement authorities address and provide written feedback.

Article 37 does not carry out administrative law enforcement duties, omissions and incests, and the Government's rule of law sector should issue an administrative law enforcement oversight opinion to correct its deadlines.

Article 338 citizens, legal persons or other organizations are of the opinion that administrative law enforcement agencies and their administrative law enforcement officials do not perform administrative law enforcement duties, do not serve as administrative law enforcement functions, are incests and are entitled to lodge complaints, reports to the Government's rule of law or to their superior administrative authorities.

The Government's rule of law sector or administrative authorities should address complaints, report investigations and inform the perpetrators of the results within the time frame.

Article 39, executive law enforcement agencies and their administrative law enforcement officials should be subject to media and social opinion supervision, and questions reflected in the media should be carefully investigated and addressed by law.

Chapter IV Administrative law enforcement responsibility

Article 40. In violation of this approach, the executive law enforcement agencies are advised of the failure to perform administrative law enforcement duties, administrative law enforcement, and administrative law enforcement. In the event of serious circumstances, administrative accountability is held. Violations of the legitimate rights and interests of citizens, legal persons and other organizations cause damage and are liable under the law.

Article 40. Administrative law enforcement officials, in violation of this approach, do not act as administrative or incest, are criticized by the executive organs of the executive branch in the circumstances of education, reordering orders and releasing training; in the event of a serious loss or adverse impact, to hold administrative responsibility or legal responsibility in accordance with the law.

In violation of this approach, administrative law enforcement officials are temporarily deducted or removed from administrative law enforcement documents by the Government's rule of law.

Article 42, in one of the following cases, is criticized; in serious circumstances, administrative law enforcement oversight documents are revoked, administrative responsibility or legal responsibility:

(i) Failure to perform or not properly perform administrative enforcement oversight functions;

(ii) The exercise of administrative law enforcement oversight rights in violation;

(iii) The use of administrative law enforcement supervision for private gain;

(iv) There are other omissions and misconducts.

Chapter V

Article 43