Sichuan Province, Provisions Regularizing Administrative Enforcement Discretion

Original Language Title: 四川省规范行政执法裁量权规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399274.shtml

Sichuan province, provisions regularizing administrative enforcement discretion

    (May 12, 2014 46th meeting of the Sichuan Provincial Government on May 17, 2014, No. 278, promulgated by the people's Government of Sichuan province as of July 1, 2014) Chapter I General provisions

    First to standardize the administrative discretion and promote administration according to law administration and reasonable administration, maintaining the lawful rights and interests of citizens, legal persons or other organizations in accordance with the relevant laws and regulations, combined with practical, Sichuan, these provisions are formulated.

Article II Executive within the administrative area of the province code and the exercise of discretion of administrative law enforcement, these provisions shall apply.

    Administrative discretion in these rules refers to the executive authorities in the course of administrative law enforcement, pursuant to laws, regulations, rules and regulations of the scope, modalities, categories, and time frames, and so, with specific powers of reviewing, judging and deal with the situation.

    Article specification and the exercise of administrative discretion, should reflect the legality, rationality and science, follow the principles of fairness, impartiality and openness.

Fourth people's Governments above the county level shall strengthen the Executive within the administrative area of the specification and the exercise of discretion of administrative law enforcement organization and leadership. Legal Affairs departments above the county level people's Government is responsible for organizing, directing, coordinating and supervisory level people's Government on the Executive in accordance with the requirements specification and the exercise of administrative discretion.

Supervisory organs at all levels to exercise administrative supervision of Executive discretion.

    Higher administrative authorities shall strengthen the lower administrative authority to standardize administrative guidance law enforcement discretion.

    Chapter II general provisions

    Fifth draft developed local regulations and rules, shall, according to law, a reasonable set of administrative law enforcement power, administrative law enforcement power of the exercise subjects, conditions, procedures, specific, clearly defined the type and scope of factors, reduction of administrative law enforcement discretion.

Sixth administrative authorities shall clean the discretionary power of administrative enforcement, classification and refining, quantifying discretion standard. Provincial level administrative organs of administrative punishment and administrative compulsory adjudication standards applicable in this system.

Provincial level administrative organs of other administrative enforcement powers of discretion standard, this authority applies. City (State) administrative organs subject to administrative punishment, other administrative enforcement of law enforcement the right to administrative standards, in this city (State) apply.

City (State) Administration can be combined with local conditions, at the provincial level administrative organs of administrative punishments, administrative enforcement discretion reasonably detailed, quantified within the standard range.

The vertical Management Executive, by the provincial administrative body responsible for the development of law enforcement the right to administrative standards, applicable in this system.

The State Council ministries and affiliated agencies have set standards of law enforcement the right to administrative, relevant administrative authorities can no longer set, but may in its discretion set standards within a reasonable refining, quantifying.

Approved by the State Council or provincial people's Government to implement a relatively centralized administrative punishment or to comprehensive administration of administrative authority, by the power of the administrative organs of the relevant administrative law enforcement discretion standard, this authority applies.

    A major city of local laws, regulations and autonomous prefectures and autonomous counties of the autonomous regulations and separate regulations under administrative law enforcement discretion, respectively, by the larger municipalities, autonomous prefecture or autonomous county is a member of the Executive to make discretionary standards, applicable in the region.

Seventh discretionary criteria established by the administrative organ shall be in the form of administrative normative documents issued to the public, and guided by the Sichuan provincial administration of normative documents and filing requirements.

    Laws, rules and regulations or changes in economic and social development, you need to adjust the amount of cut standard, sixth and in accordance with the provisions of the preceding paragraph of this article.

    Article eighth of organs of administrative standards, standardizing operation of public works shall, in accordance with administrative power requirements, entry list of administrative power, and set out in the relevant administrative law enforcement instruments.

    Established by the Nineth Executive discretion standard can be used as the administrative reconsideration organ and the supervision of law enforcement agencies review the appropriateness of specific administrative acts ...

Tenth administrative organs to exercise administrative discretion shall comply with the following rules:

(A) in line with the legislative objective;

(B) administrative purposes can be used in many ways, should be used on citizens, legal persons or other organizations without damage or damage lesser;

(C) take into account relevant facts and legal considerations, to exclude irrelevant interferences;

(D) establishing and improving internal working procedures, relative isolation inadmissible (case) links, investigation, examination, decision and implementation;

(V) equal treatment of citizens, legal persons or other organizations, in fact, factors such as the essentially the same or similar circumstances, gives essentially the same treatment;

    (Vi) implementation of avoidance, open, informed and hearing according to law, investigation and evidence collection, justification, major decided to brainstorm, procedures such as filing systems.

    11th provincial, city (State) administrative organs shall establish standards of law enforcement the right to administrative rules for the implementation of guidelines and established case system.

    Chapter III special provisions

12th laws, regulations, rules of discretion of administrative permission should be refined, quantitative standards of discretion:

(A) selective provisions of the license conditions, corresponds to the specific case shall be specified;

(B) the decision is not clearly defined, or you can choose to license, the way in which decisions shall be specified;

(C) licensing procedures or changes, withdrawal, revocation, cancellation of licensing programs provide only, in principle, specific procedures shall be specified;

(D) only provides for the principle of the permit limits shall be specified case processing time;

    (E) to license other exists in matter of discretion should be refined, quantitative standards of discretion.

13th specification and the exercise of discretion of administrative license, shall comply with the following requirements:

(A) involved national security and ecological security, in addition to significant productivity and strategic resources development and major projects such as public interest, no longer licensed investment projects of the implementation of the approved investment project, no longer review the market prospects, economic efficiency, sources of funding, the technology content of the programmes should be based on enterprise decision-making;

(B) in addition to cross-City (State), in key river valleys, or needs, the overall balance of resources, construction conditions and State specified by the provincial people's Governments or investment departments at the provincial level management of projects, the project shall be delegated permissions (State) or County (city, district);

(C) laws and regulations not specified must be handled before project approval of the license shall not be approved as a precondition;

(D) restrictions on the number of licenses, number and selection rules shall be published;

(E) apart from the provisions of laws and regulations, shall be subject to any form of examination, inspection and registration, legally required annual examination, inspection and registration, shall not participate in the training, join the Association or pay a fee as a precondition;

    (Vi) are required by law to carry out evaluation, review and appraisal, brokerage services, shall not specify intermediary agencies.

Article 14th laws, regulations, rules and regulations of administrative penalty discretion should be refined, quantitative standards of discretion, can be divided into 3-5 under the circumstances a discretionary order:

(A) the summary only provides for the principle to be applied, should be a list of specific situations;

(B) an offence, you can choose the kind of punishment should choose punishment category lists specific circumstances;

(C) with an offence, penalties should be based on the facts of the violation, the nature, the plot as well as harm lists specific criteria for punishment;

(D) conditions for mitigation, lighter or heavier punishment only provides for the principle of, mitigation, lighter or heavier punishment shall be specified, the specific circumstances;

(E) provide only for illegal gains, illegal property, in principle, illegal gains, illegal property should be clearly defined;

(Vi) provide only stops the execution of the penalty decision, in principle, should include specific circumstances;

    (VII) other discretion in punishment aspects should be refined, quantitative standards of discretion.

15th specification and the exercise of discretion of administrative penalty shall comply with the following provisions:

(A) collecting evidence in public, of citizens, legal persons or other organizations shall not be taken to enticement, cheating, coercion, violence and other illegal or improper collection of evidence and the imposition of penalties;

    (B) promptly take steps to correct violations, shall not intentionally allowing sanctions violations increased, shall not be allowed because of the sanctions violations continue.

16th administrative enforcement of laws and regulations there is discretion should be refined, quantitative standards of discretion:

(A) seized in connection with the site or the seizure, detention facilities and provide other property only, in principle, should be clearly defined;

(B) to limit the personal freedom of a citizen only provides for the principle of compulsory administrative measures, should be a list of specific situations;

(C) only provides for the principle of compulsory administrative procedures, specific procedures shall be specified;

(Iv) required during the night or holidays emergency only provides for the principle in administrative enforcement, emergency situation shall be specified;

    (E) on the implementation of administrative enforcement process in the other jurisdiction, should be refined, quantitative judgement criteria.

Article 17th laws, rules and regulations is imposed by the provisions of administrative discretion should be refined, quantitative standards of discretion:

(A) the levy amount a certain range shall be specified for specific circumstances;

(B) is imposed by the method of calculation of the amount of choices, should list all levy amount calculation method applies, the specific circumstances;

(C) the conditions for the reduction of and exemption from provisions of principle, reduction of and exemption from specific conditions shall be specified;

(D) reduction of amount a certain range, should list all applicable circumstances;

    (E) other jurisdiction existing in the expropriation process should be refined, quantitative standards of discretion.

18th is imposed by the specification and the exercise of administrative discretion, shall comply with the following requirements:

(A) no laws, regulations, rules and explicitly required or authorized by the State and shall not set up fees;

    (B) expand the scope of administrative fees or increasing administrative fees, shall comply with laws, regulations, rules and regulations of the jurisdiction and the procedures and hearings.

19th law and regulations, regulations of confirmed the existence of administrative space, should be refined, quantitative standards of discretion:
(A) only provides for the principle of confirmation procedures, specific procedures shall be specified;

(B) on application materials to be submitted only in principle, should be listed application materials list;

(C) to provide confirmation processing time only, in principle, should list the case processing time;

    (D) to identify other exists in a matter of discretion should be refined, quantitative standards of discretion.

20th specification and the exercise of recognized administrative power, shall comply with the following requirements:

(A) the applicant under special circumstances not to appear in person to confirm shall be specified for specific cases where special circumstances and in the context of ensuring administrative efficiency implementation of confirmed applicants;

    (B) confirm the matters directly related to the vital interests of others, it shall inform the interested party.

Article 21st laws, regulations, rules and regulations of administrative payment of discretionary and should be refined, quantitative standards of discretion:

(A) on payment conditions provided for, in principle, the specific conditions of payment shall be specified;

(B) payment method only provides for, in principle, the specific procedures and modalities of the payment shall be specified;

(C) pay the amount of a certain range, specific criteria of the amount of payment shall be specified;

(D) to provide payment processing time does not provide or only, in principle, should list the case processing time;

    (E) other jurisdiction existing in the payment process should be refined, quantitative standards of discretion.

22nd specification and the exercise of administrative discretion of payment, shall comply with the following requirements:

(A) to investigate the intended object of payment, you can take of democratic appraisal comments and, if necessary, can hold hearings;

(B) public object of payment-related information in a certain range;

    (C) decided not to pay, should listen to the parties and fully justified.

Article 23rd laws, regulations, rules and regulations of discretionary administrative decisions exist should be refined, quantitative standards of discretion:

(A) procedures such as filing, acceptance, decide on a verdict only provides for the principle of, specific procedures shall be specified;

(B) only provides for the principle of the award, should list the standards corresponding to the specific circumstances;

(C) processing time only provides for the principle of the award shall be specified case processing time;

    (D) additional discretion in the award process should be refined, quantitative standards of discretion.

    Article 24th there is discretionary and other specific administrative acts should be based on the behavioural types were refined, quantitative standards of discretion.

    Fourth chapter of supervision and inspection

25th people's Governments above the county level shall strengthen the respective administrative bodies and specification for lower level people's Governments and the supervision of the exercise of administrative discretion.

    Higher administrative authorities shall strengthen the lower administrative organ specification and supervision of the exercise of administrative discretion.

    26th a citizen, legal person or other organizations believe that the Executive is in violation of the law, regulations, rules and the exercise of administrative discretion, violations of their legitimate rights and interests, may apply for administrative reconsideration or Sichuan province, according to the administrative law enforcement supervision regulations to the administrative law enforcement supervision authority reports, complaints and complaints.

    27th Executive found the authorities in violation of the provisions of the specific administrative act, should be proactive, timely and correct themselves.

28th administrative organ, one of the following circumstances, administrative law enforcement supervision authority pursuant to the relevant laws, rules, regulations or advice by appointment and removal or the supervisory organs shall be investigated for criminal responsibility and liability of administrative responsibility:

(A) found to be in breach of the right to exercise administrative discretion, do not correct themselves;

(B) does the published effect of enforcing administrative standards;

(C) the improper exercise of discretion of administrative law enforcement, resulting in significant loss or adverse effects;

    (D) other acts of violation of these provisions.

    The fifth chapter by-laws

    Article 29th Executive mentioned in these regulations, including laws and regulations authorize law enforcement organizations and shall be subject to the administrative organization of the agencies entrusted with administrative enforcement tasks.

    Administrative law enforcement power in 30th article of the rules, including the administrative license, the administrative punishment and administrative compulsory, administrative collection, administrative confirmations, executive pay, administrative rulings and other specific administrative acts.

31st article this provides the meaning of the following terms:

(A) the levy refers to administrative bodies according to the needs of the State and social public interests, by law to citizens, legal persons or other organizations charge a property of a specific administrative act.

(B) administrative confirmation refers to administrative organs in accordance with the law of citizens, legal persons or other organizations, legal relations, legal facts and recognition of specific administrative actions.

(C) the payment refers to the administrative organ to the citizens, legal persons or other organizations to provide material benefits or give it with the material interests of the stakeholders.

    (D) the administrative decision, refers to the administrative organ on the subject of equality between, and reviewing closely related to administrative activities of civil disputes and adjudicate the specific administrative act. 32nd these provisions come into force on July 1, 2014. Specification, released on July 27, 2008, the provincial Government of Sichuan province of discretion of administrative penalty provisions abolished at the same time.