Nanjing Administrative Law Enforcement Supervision

Original Language Title: 南京市行政执法监督办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399344.shtml

Nanjing administrative law enforcement supervision

    (January 17, 2014 Nanjing 24th Executive meeting January 23, 2014 Nanjing municipal people's Government order No. 300, published since March 1, 2014) Chapter I General provisions

    First in order to strengthen the administrative supervision of law enforcement, regulation of administrative law enforcement activities, improving administrative efficiency, accelerate the construction of Government governed by law, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

The second administrative law enforcement supervision within the administrative area of the city, these measures shall apply.

Municipal and district people's Government on the establishment of administrative law enforcement organs in the vertical leadership within their respective administrative areas to supervise the administrative enforcement of law.

    Administrative supervision and auditing, administrative review, normative documents for the record review specifically to monitor the activities, in accordance with the provisions of relevant laws, rules and regulations.

    Article III administrative law enforcement supervision in these measures refers to municipal and district people's Government, the lower level people's Governments and their law enforcement departments, executive organs in accordance with the principal organizations, authorized by the laws and regulations to administer public affairs functions of the Organization (hereinafter referred to as administrative law enforcement organs) of the administrative law enforcement supervision.

Fourth municipal and district people's Government the unified leadership of the administrative law enforcement supervision within the administrative area.

Department of Legal Affairs of the Government under the leadership of the people's Governments at the corresponding level is responsible for the implementation of administrative law enforcement supervision within the administrative area.

    Administrative organization for law enforcement legal institutions are responsible for the implementation of administrative law enforcement supervision.

    Fifth administrative law enforcement supervision work should follow the law, the principles of fairness, openness, and mistakes must be corrected, administrative law-enforcement organs at all levels and strictly by law enforcement personnel, maintaining the lawful rights and interests of citizens, legal persons and other organizations.

    Sixth of municipal and district people's Government to the report of the Standing Committee of the present level of administrative law enforcement supervision work, and accept their supervision.

    Seventh administrative law enforcement organs should be in accordance with the administrative law enforcement coordination, Center of gravity moves down, territoriality, and joint law enforcement and effective oversight requirements and delegation of administrative authority according to law, and to enhance guidance and supervision.

    Eighth of municipal and district people's Government capacity-building for strengthening the Government legal supervision, with commensurate with the administrative law enforcement supervision of institutions and personnel, administrative law enforcement supervision work in the budget.

    Nineth of municipal and district people's Government for outstanding achievements in administrative law enforcement supervision work units and individuals that recognize and reward.

    Chapter II administrative enforcement regulations Tenth administrative review law enforcement matters in the city system.

Matters of administrative law enforcement establishment, modification, transfer, withdrawal, implemented by the administrative law-enforcement departments in accordance with law, identified by the legal department shall review incorporated into integrated library management and administrative power to the public.

    Administrative law enforcement organs to exercise power of administrative enforcement shall not go beyond the determination of scope of permissions and without identification shall not be exercised. 11th administrative law enforcement organs should implement the responsibility system for administrative law enforcement, reporting to the people's Governments at the corresponding level annual administrative law enforcement.

    Implementation of the responsibility system for administrative law enforcement include annual administration review.

12th for administrative law enforcement areas of focus in the following areas:

(A) natural resources and environmental protection;

(B) the food and drug safety;

(C) the control and investigation of illegal construction;

(D) road traffic control;

(E) development Park, scenic area and window management;

(F) the maintenance of public security and social order;

(G) the city or district people's Government's other areas of focus.

    Focus areas of administrative law enforcement organs, shall carry out special administrative law enforcement activity, invite the public to review administrative enforcement efforts.

    13th implementing local regulations of administrative law-enforcement agencies, shall be submitted to the people's Congress Standing Committee annual report on the implementation of local laws.

The 14th article of the municipal administrative law enforcement entity management system.

Administrative law enforcement entity and its law-enforcement basis, jurisdiction, legally recognized by the Legal Department to the public.

Due to changes in structural adjustment, law enforcement based on statutory reasons, administrative law enforcement organs and their law-enforcement basis, changes in the scope of jurisdiction, re-evaluation of administrative law enforcement entity and published. Without a recognized qualification of administrative enforcement unit shall not exercise the power of administrative law enforcement.

All units and individuals have the right to report any administrative violation of law enforcement qualification units engaged in law enforcement activities.

For vertical administrative law-enforcement agencies, in accordance with the administrative relationship determined by the authority after the administrative law enforcement entity, to the legal department.

    Town government, neighborhood offices permission pursuant to the provisions of administrative law enforcement and administrative law enforcement coordination and cooperation efforts.

15th the city's administrative law enforcement personnel qualification management system.

Administrative organization for law enforcement staff in administrative law enforcement activities, should be in accordance with the statutory procedure to pass the training test, administrative law-enforcement documents.

Receiving competent administrative departments at or above the provincial level administrative law enforcement according to law, the administrative law enforcement agency shall provide the legal authorities.

Legal departments establish archives administrative law enforcement personnel, announced that the Chief law enforcement officers work units, law enforcement types, range information, subject to public supervision.

Scope of administrative law enforcement personnel shall not exceed jurisdiction and law enforcement.

    Any unit and individual have the right to report any violations of administrative law enforcement personnel engaged in administrative law enforcement activities.

16th administrative law enforcement organs to implement the administrative enforcement Act, administrative law enforcement personnel shall not be less than two and produce a certificate of administrative law enforcement; does not produce a certificate of administrative law enforcement and administrative counterpart's right to refuse and report, except as otherwise provided by law. Administrative administrative law enforcement warden law enforcement agencies can hire as needed.

Specific measures for administrative law enforcement warden management separately. Administrative law enforcement warden law enforcement officers led by the Chief Executive in the law enforcement education, inspections, discouraged and stop supporting services, such as information gathering, violations committed shall not engage in specific acts of administrative enforcement.

    Administrative law enforcement warden assisted and beyond support the consequences of the acts, borne by the administrative law-enforcement organs. 17th laws, regulations and rules provides for the integrated management of regional, related to integrated management bodies administrative organ shall authorize or entrust the exercise of the right of administrative law enforcement.

Integrated management bodies shall authorize or delegate administration according to the law enforcement powers and corresponding responsibilities.

    Could not legally authorized or entrusted to administrative law enforcement matters, the law enforcement agency shall provide the integrated management regional accredited law enforcement agencies, and in conjunction with the integrated management bodies to accredited law enforcement agencies working in coordination, evaluation. 18th article of the city a partial joint law enforcement system for administrative law enforcement matters.

Joint law enforcement matters undertaken by municipal and district people's Government according to the law enforcement need to be determined and published.

Participate in joint enforcement of administrative law-enforcement agencies, within their respective mandates, shall perform their duties, administration, administrative decisions and bear the responsibility.

    According to law by a competent administrative law enforcement organs, other administrative law enforcement organs and coordinate administrative matters, the competent authorities bear the primary responsibility, other body co-ordination and assistance responsibilities. The 19th article of the municipal system of administrative law enforcement cases.

    Administrative law enforcement agencies received by other law enforcement agencies dealing with complaints or reporting the case, shall, within two working days of the transfer related administrative law enforcement organs, and inform the complaints or informers.

20th Division of labour and administrative law-enforcement in accordance with the provisions of article permission to exercise territorial jurisdiction, jurisdiction, exercise jurisdiction.

Territorial refers to the laws, regulations and rules does not provide for jurisdiction from violations area law enforcement agencies responsible for the investigation.

Jurisdiction refers to the laws, regulations and rules clear, above, by administrative law-enforcement authorities jurisdiction over a case, reported the violations to the district administrative law enforcement agencies, administrative law-enforcement agencies, or directly by the municipal-level administrative law enforcement organs investigated and dealt with. Designation of jurisdiction refers to matters of jurisdiction between administrative law enforcement organs on administrative law enforcement dispute, shall be reported in accordance with legal procedures common to the previous Government.

    Belongs to the jurisdiction of administrative law enforcement organs, due to special reasons cannot or should not be jurisdictional, regional administrative and enforcement agencies, administrative law-enforcement organs, drew attention to the jurisdiction or the jurisdiction.

    Article 21st of jurisdictional disputes between administrative law enforcement organs should be communication and consultation consultation cannot reach an agreement, coordinated by the Government legal departments to solve coordination cannot reach an agreement, decided by the Government Legislative Affairs Department of the people's Governments at the corresponding level. 22nd administrative law enforcement organs should be joint jurisdiction on the area surrounding liquidity violations investigated.

    Common liquidity violations that occur within the jurisdiction, first discovered by administrative law-enforcement organs investigated and dealt with. 23rd law enforcement administrative law enforcement organs should standardize instrument format and submitted to the Legal Department to review the record.

Major instruments on administrative enforcement decisions shall apply the reasoning, set out in detail the basis and application of administrative law enforcement.

    Above the provincial level departments for administrative enforcement provisions of document format from its provisions.

24th administrative organs shall establish a system of administrative law enforcement discretion standard, detailed rules for the implementation of administrative law enforcement discretion.

    Implementation of national discretionary basis, provincial administrative law enforcement, shall be submitted to the Government Legal Department. 25th article of the city limited completes system of administrative law enforcement cases. Administrative law enforcement authorities for administrative enforcement of statutory time limits, the legal time limit within; public commitment is shorter than the statutory time limits originally, settles in the promised time frame; case is complex and important, absolutely necessary to extend the processing time, shall perform the approval process and inform the administrative relative person.

    Extended processing time must not exceed the statutory time limit.

26th administrative law enforcement organs have one of the following is an administrative law enforcement duties are not fulfilled:

(I) to superior decision making does not perform, failure or negligence in a disguised form the implementation, not completed the prescribed tasks of administrative enforcement;

(B) the administrative law-enforcement authorities and assist authorities, district and buck-passing between the integrated management area;

(C) transfer of case shall be transferred in accordance with the provisions;

(D) to other administrative law enforcement organs please provide identification, identification or information on unjustified refusal or delay in providing relevant administrative law enforcement delay or not work properly;

(E) coordination on law enforcement matters in dispute do not apply, or carry out administrative duties;

    (F) the laws, regulations and other administrative law enforcement duties or carry out the provisions of the regulations.

27th administrative law enforcement organs and administrative law enforcement personnel shall have one of the following is an administrative enforcement as:

(A) by application of the statutory acts, statutory deadlines or promises will not be accepted within the time limit, review, decide;

(B) found that action to stop violations, corrected or investigated;

(C) shall perform the inspection, examination, testing, inspection, quarantine and other statutory duties to perform;

(D) complaints, reported in accordance with the provisions to receive, investigate, process and inform the complainants, informants;

(E) no compensation shall be given administrative or compensation;

(F) judicial decisions or administrative reconsideration decision is not carried out;

    (VII) other administrative law enforcement situations.

28th administrative law enforcement organs and administrative law enforcement personnel shall have one of the following is an administrative enforcement as:

(A) cannot be based on law enforcement or ultra vires law enforcement;

(B) the applicable laws, rules and regulations based on the clearly wrong;

(C) the violation of legal procedures, change of administrative decisions;

(D) the obvious inappropriate use or abuse of discretion in administrative law enforcement;

(E) administrative enforcement mode of misconduct or brutality;

(Vi) violates the provisions or commit to deadlines, feel free to extend the processing time;

(VII) do not use notes or use legal instruments;

(VIII) non-statutory obligations requires the administrative relative person;

    (IX) other not correct exercise of executive power.

    Chapter III administrative law enforcement supervision

29th the Government Legal Department shall perform the following duties:

(A) establish and improve the system of administrative law enforcement supervision, appraisal and implementation;

(B) the supervision of administrative law enforcement organs enforce the laws, regulations and rules;

(C) urging the implementation of responsibility system of administrative law enforcement;

(D) to the annual report submitted by the people's Governments at the corresponding level of administrative law enforcement supervision and administration according to law in the people's Governments at the corresponding level annual report on the work release;

(E) the implementation of administrative law enforcement organs and eligibility for administrative law enforcement personnel management;

(Vi) to record the major matters of administrative law enforcement and review;

(G) the coordination of the administrative disputes of law enforcement functions;

(VIII) establishment of administrative law enforcement supervision of telephone and Internet window, receive complaints of administrative law enforcement, reporting, and administrates the filing of administrative complaints, reporting cases of law enforcement;

(I) carry out special administrative law enforcement inspection on key areas, inviting public comment;

    (J) the laws, regulations, rules and regulations of the other oversight priorities.

30th administrative law enforcement supervision can take the following measures:

(A) asked, relevant administrative law enforcement organs and administrative law enforcement personnel, witnesses, and the investigative records;

(B) inspection and copying the files and enforcing the relevant accounts, bills, vouchers;

(C) audio, video or any other means to collect evidence.

    Administrative law enforcement organs and administrative law enforcement personnel shall assist in the inspection.

Establishment of administrative law enforcement supervision system, the 31st article of the city. Arising from administration of administrative law enforcement supervisors, training after passing the examination, obtain an administrative law enforcement supervision certificate, on the specified implementation of administrative law enforcement supervision.

When implementing the administrative law enforcement supervision, administrative law enforcement supervision shall produce certificates.

    Administrative law enforcement organs and administrative law enforcement personnel shall be subject to supervision.

Article 32nd administrative law enforcement supervisor shall perform the following duties:

(A) the supervision and administrative law enforcement organs and administrative law enforcement personnel shall perform their duties;

(Ii) participation in significant cases of administrative law enforcement investigation;

(C) the views, recommendations on administrative enforcement;

    (D) participation in the administrative law enforcement supervision and special inspection activities.

    33rd administrative law enforcement supervisors found administrative law enforcement organs and their personnel to perform their administrative duties, omission, as has the right to be checked and shall be ordered to correct and submitted to the Government Legal Department or law enforcement agency investigation, treatment recommendations. Government legal departments in accordance with the provisions of article 34th invites the community to serve as special administrative law enforcement supervisor and receive administrative law enforcement supervision certificate.

Special Administrative law enforcement supervisor for a period of one year period can be extended.

    Special Administrative law enforcement supervisor is incompetent or engaged in incompatible activities of special administrative law enforcement supervisors, cancels its supervisors qualification.

The 35th special administrative law enforcement supervisor shall perform the following duties:

(A) assist in monitoring administrative law enforcement organs and administrative law enforcement personnel shall perform their duties;

(B) to participate in major collective consideration of administrative law enforcement cases, monitoring exercise of administrative discretion in enforcement of norms;

(C) the views, recommendations on administrative enforcement;

    (D) participation in the administrative law enforcement supervision and special inspection activities.

    Article 36th special administrative law enforcement supervisors proposed observations, recommendations, written feedback to the administrative law enforcement organs and should be addressed.

    37th Executive law enforcement authority does not perform law enforcement duties, omission, as, government legal departments shall make and issue administrative law enforcement supervision and submission, ordered to period correct.

Article 38th of citizens, legal persons or other organizations that administrative law enforcement organs and administrative law enforcement personnel to perform law enforcement duties, omission, as entitled to Government Legal Department or by a superior administrative departments, reporting.

    Government legal departments or Administrative Department should complaints, investigation and handling of reports, and will be processed within the specified time limits results to the complaints, whistleblower.

    39th administrative law enforcement organs and administrative law enforcement personnel shall be subject to the media and public opinion supervision, reflected on the media should seriously study the problem of verifying and dealt with according to law.

    The fourth chapter executive law enforcement responsibilities 40th administrative law-enforcement agencies in violation of the rules, does not take up law enforcement duties and administrative omissions, administrative law enforcement Act, give notice of criticism, credited to the Administration assessment. The circumstances are serious, be prosecuted administratively.

    Damage caused by violations of the legitimate rights and interests of citizens, legal persons and other organizations shall bear liability.

41st executive law enforcement personnel who violate this regulation, administrative inaction, as, by the administrative organ subject to given criticism, correction, post training; cause major losses or serious adverse effects, shall be subject to administrative liability or legal responsibility.

    Administrative law-enforcement personnel who violate these regulations, temporary suspension or revocation of administrative law enforcement by the Government Legal Department documents.

42nd administration law enforcement supervisors, one of the following circumstances, give notice of criticism in serious cases, revoke a certificate of administrative law enforcement supervision, administrative responsibility or legal liability of those:

(A) fails to perform or improper performance of administrative law enforcement supervision duties;

(B) the unlawful exercise of the right of administrative law enforcement supervision;

(C) the use of administrative law enforcement supervision work for personal gain;

    (D) other acts of misfeasance, malfeasance.

    The fifth chapter supplementary articles 43rd these measures come into force on March 1, 2014.