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Guangdong Province Administration Evaluation Method

Original Language Title: 广东省依法行政考评办法

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Administrative evaluation in the Province of Broad Orientale

(Adopted by General Assembly No. 185 of the Civil Affairs Order No. 185 of 27 March 2013 for the Twelfth People's Government of the Greater Orientale Province on 5 February 2013)

Chapter I General

In order to promote the administration of the law and strengthen the construction of the rule of law government, this approach is based on the relevant provisions of the Department of State's Comprehensive Framework for the Implementation of the Law of the Judiciary, the Department of State's Decision on Strengthening the Administration of the Municipalities and the State Department's observations on strengthening the construction of the Rule of Law Government.

Article 2, this approach applies to the legal administrative evaluation within the territorial administration.

Article 3. This approach refers to activities undertaken by the archaeological subject to an evaluation of the legal administrative status of the valuator.

Article IV. The Government of the people at all levels of the province is united in leading the legal administrative evaluation in the current administration area, with specific organizational implementation delegated the same responsibility as the lead coordinating body for the administration of the law (constitution of the rule of law).

Article 5 is guided by the principles of openness, objectivity, impartiality, divisional responsibility, classification and public participation.

Article 6 of the law should be incorporated into the leadership of the people at the local level and their departments, leading the implementation of the scientific development perspective and the Government's performance appraisal system.

Chapter II

Article 7. The provincial executive leadership team is responsible for conducting a review of the administrative status of the various branches of the Government of the People of the Region and of the Budddhist municipality, the province's people's government, and the individual agencies.

Article 8

Article 9. The executive status of the following vertical management is governed by the law at all levels, in each district (commune, district) and is reviewed by its superior authorities and consulted in writing with the views of the local people's Government.

Article 10 implements the legal state of administration of the dual administration and conducts a review by the competent coordinating body established by the Government of the people at this level (building by the Rule of Law Government) and consults its superior authorities in writing.

Chapter III Review indicators and basic requirements

Article 11

(i) Institution-building;

(ii) Administrative decision-making;

(iii) Administrative law enforcement;

(iv) The public information;

(v) Social conflict prevention and treatment;

(vi) Administrative oversight;

(vii) Administrative capacity-building in accordance with the law;

(viii) Administrative security under the law.

The provincial people's Government could revise and re-energize the implementation of the rule of law government-building indicators system, in accordance with the changing mandates and circumstances of the Rule of Law Government.

Article 12 Basic requirements for system-building:

(i) There is a marked improvement in the quality of government legislation, the scientific nature of the development of normative documents, and democracy;

(ii) Effective implementation of the normative document monitoring management system and the development of normative documents in compliance with statutory competence and procedures;

(iii) The clean-up of local legislation, government regulations and normative documents, the soundness of the assessment mechanism, and the effectiveness of its implementation.

Article 13 Basic requirements for administrative decision-making:

(i) The clear and procedural integrity of administrative decision-making rules and the basic formation of the legal, scientific and democratic decision-making mechanisms;

(ii) Civil opinion surveys, hearings, expert opinions, social hearings, risk assessment, legitimacy review, collective discussion decisions as essential administrative decisions;

(iii) Effective implementation of systems such as post-administrative assessments, follow-up feedback and accountability.

Article 14. Basic requirements for administrative law enforcement:

(i) Effective implementation of the administrative law enforcement and the qualifications system of administrative law enforcement personnel and compliance with the statutory authority and procedures;

(ii) Clearness, code of conduct, supervision of effective and robust administrative law enforcement institutions, and full implementation of administrative law enforcement responsibilities;

(iii) The integrity of the administrative enforcement oversight system and the legitimate rights and interests of citizens, legal persons and other organizations are effectively guaranteed.

Article 15. Basic requirements of public information:

(i) Strict implementation of the Public Regulations of the Government of the People's Republic of China, the sound functioning of the public information mechanism and the system-wide improvement;

(ii) To uphold public information under the law and to strictly implement the Government's public responsibility system for information;

(iii) Government information submitted by the public in accordance with the law is publicly requested to be processed and answered within the statutory time frame, and the legal rights of citizens, legal persons and other organizations to obtain information from the Government are fully guaranteed.

Article 16

(i) The overall responsibility of the people at the local level, the leadership of the Government's rule of law institutions, the effective establishment of the administrative mediation system, which is the subject of the various functional sectors, and the basic formation of a major mediation mechanism between administrative mediation and the people's mediation and judicial mediation;

(ii) The administrative review request is open and the administrative review decisions in force are effectively implemented in accordance with the law and justice of the administrative review case;

(iii) The administration should be improved, the entry into force of the People's Court, the decision was effectively implemented and the judicial recommendations were properly addressed;

(iv) Correspondence matters are dealt with by law and social harmony is effectively guaranteed.

Article 17 Basic requirements for administrative oversight:

(i) Improved administrative oversight mechanisms and sound administrative accountability systems;

(ii) Self-recognized monitoring, democratic monitoring by political parties and democratic parties, monitoring by the judiciary, in accordance with the law, and monitoring of public opinion, the right of the people to be informed of the Government's conduct, participation, expression and oversight, is guaranteed by law;

(iii) Enhanced oversight and specialized oversight at the internal level of the Government and the effectiveness of oversight is evident.

Article 18

(i) The soundness, institutional implementation of the law-making system leading to the use of the rule of law thinking and the rule of law in order to deepen reforms, promote development, conflict resolution and maintain stability capacities;

(ii) The institutionalization, normativeization of legal knowledge training for staff of administrative bodies, and the ability to conduct legal and legal conduct, in accordance with the law;

(iii) The climate of respect for law, sustenance and compliance with the law is fundamental.

Article 19

(i) The sound and planned deployment of the leadership coordination mechanism under the law administration (building of the Rule of Law Government);

(ii) Adherence to the specific measures of the administration of the law and the promotion of inspection;

(iii) Specificly responsible for promoting the sound functioning of the legal administration and the division of responsibility;

(iv) Execution of financial security in accordance with the provisions of the executive branch.

Chapter IV

Article 20 combines the internal evaluation of the administrative system with the social review, the integration of the upper-level examination with the self-examination of the subjector, the written review and the integration of the field examination, the qualitative evaluation and the quantitative examination.

The evaluation should invite the representatives of the Greater, the members of the Political Union, expert scholars, the media and other relevant parties.

Article 21 standards, processes and outcomes of the executive review of the law should be publicly monitored.

Article 2 is carried out in accordance with the annual executive review and is organized annually.

Article 23 is carried out in accordance with the following procedures:

(i) In accordance with this approach, in conjunction with the deployment of the Government of the people at the current level or the annual administration of the system, the subject of an annual executive evaluation programme has been developed to identify organizational arrangements for the conduct of the evaluation process, content criteria, methods, process steps, and specific requirements.

(ii) In contrast to the evaluation programme, self-assessment of the legal administration in the region and in the present sector has resulted in the annual report of the executive branch, together with the annual statistical tables on the administrative performance of the year.

(iii) The subject of the evaluation conducts an internal review of the administrative status of the subject of the evaluation, including through the examination of the annual report, verification of the relevant statistical tables, hearing reports, access to relevant documentation, and extracting administrative law enforcement files.

(iv) Social review of the legal administrative status of the target audience, including through e-assessment, questionnaire surveys, consultation. Social review is in principle commissioned by the archaeological subject to the implementation of the professional investigation body, and, if necessary, can be carried out by the valuator itself.

(v) The subject of the evaluation is defined by the archaeological subject in accordance with, inter alia, internal archaeological and social review, as well as by written notification to the subject of evaluation.

(vi) The subject of the evaluation shall be reviewed within seven working days of the date of receipt of the assessment of the results, and shall be communicated to the subject of the review in writing within seven working days of the date of receipt of the review request and the review results in writing.

Article 24 quantifies according to the executive appraisal system, which does not exceed 80 per cent of the internal evaluation of the administrative system, the social review score is less than 20 per cent; the proportion of the evaluation indicators is carried out in accordance with the criteria established by the Government of the province; the evaluation of the Government's work sector can be based on administrative authorizations, administrative sanctions, administrative fees and administrative enforcement functions, depending on whether the relevant departments have administrative functions, such as administrative supervision, administrative sanctions, administrative expenses, administrative coercion, etc.

Article 25 is one of the following cases for the purpose of the evaluation:

(i) Advantages in the administration of the law or in the specific rule of law have been highlighted, which have been rewarded by the provincial level (without reference to the province's immediate department, with the exception of the province), or are assessed by the authorities at the provincial level as advanced units, model units;

(ii) The executive or special rule of law work under the law shall be replicated by the authorities at the provincial level as a typical experience;

(iii) Judicial administrative or specialized rule of law work is reported by the main media in the provinces as a typical experience;

(iv) The head of the executive body shall appear in person against the administrative case;

(v) Other cases identified by the subject of the evaluation.

In the same case, there was no duplication of effort; the evaluation was divided by more than 100, with a 100-point limit.

Article 26 was reviewed by one of the following cases, and the relevant evaluation indicators were calculated on a zero-to-size basis and were deducted by a total of 2 minutes:

(i) Existence from statutory competence or administrative decision-making in violation of the statutory procedures, causing significant loss or adverse effects;

(ii) Violations of administrative or administrative omissions, triggering malicious events or serious security, environmental accidents;

(iii) Failure to dispose of heavy accidents by law, causing serious harm to the interests, public interest or legitimate rights of citizens;

(iv) Inadmissibility, v. or non-implementation of decisions taken by the People's Court in administrative proceedings;

(v) Discuss other cases identified by the subject of the evaluation.

Deductions are the same matter and are not repeated; cumulatively, more than 10, with a limit of 10.

Article 27 The review subjects should be evaluated in accordance with the principle of separation between the Government and the sector and the differentiation of the categories of government departments, with an integrated score of more than 80 and 20 per cent of the pre-commitment candidates, as well as an assessment of the high level of excellence; an integrated score of more than 80, with no access of 20 per cent prior to entry; and an integrated score of 80, with a general rating.

Article 28 Findings of the following vertical management in the province should be consulted in writing, with the views of the people of the archaeological sites, inviting the local people to classify the legal status of the subject of the evaluation and to determine the corresponding ratings, in accordance with the principle of an assessment of 80 per cent of the subject of the evaluation, of 20 per cent of the local people's government.

The valuator's assessment of the implementation of the dual administration should seek in writing the views of the top-level authorities of the subject of the evaluation, requesting the parent-level authorities to classify the legal administrative status of the subject of the evaluation in accordance with the evaluation of the subject matter by 80 per cent, the evaluation of the top-level authorities by 20 per cent of the principle that the final rating of the subject was calculated and the corresponding evaluation was determined.

Chapter V

Article 29 of the law governing the evaluation of the results shall be communicated within the administrative system to the valuator of the evaluation of the scores of excellence, to be criticized for the assessment of the evaluation as a general category and for the evaluation of the target audience of the sixtieth score, and to the relevant government portal or the media.

Article 31 of the executive review body of the population at the next level and the Government of the People's Republic at the present level, the executive bodies should be reviewed by the review findings of the same party, the CPR and the Government of the people at the highest level, and be replicated to the peer party's organizational sector and the inspection department; the evaluation of the following vertical management in the province should be carried out, the results of the evaluation should be released to the Government, the party's organizational structure and the supervisory authorities of the MCC.

The results of the legal administrative evaluation should serve as an important basis for the dismissal of office of the ombudsman, the upgrading of the job, the sharing of training and the provision of incentives.

Article 31 was assessed for two consecutive years as excellent, and the subject of the evaluation could define it as a model unit for the administrative work of the region or of the system.

The evaluation results were rated as a general step and were not rated by a comprehensive score of 60, with an examination of the principals responsible for the change of their duration, and recommended that the relevant organs eliminate the qualifications of the candidates, advanced, model units, etc. for the year.

Article 32 was rejected by the archaeological party or was not exhaustive for a two-year assessment, which was held in accordance with the law to hold the responsibilities of the principal ombudsman and the relevant responsibilities of the holder.

Article 33, which is vested in the examination process by the archaeologically illusory, concealment of facts or negative responses, is held in accordance with the law on the responsibility of its principal and relevant responsibilities; and the transfer of suspected crimes to the judiciary.

Article 34 quantify the subject matter's staff in the evaluation process in favour of private fraud, insecure or intrusive malfunctioning, are held in accordance with the law to hold their disciplinary responsibilities; in the case of crimes, to be transferred to the judiciary.

Annex VI

Article XV of this province's executive body shall carry out an examination, assessment, inspection project involving the administrative content of the law, which shall be in line with the judicial evaluation and avoid duplication of conduct, evaluation, inspection.

The executive organs at all levels must conduct administrative law enforcement reviews or administrative enforcement inspections, which should be integrated into the scope of the administrative evaluation under the law, as well as reporting on the integration of leadership coordinating bodies in line with the law administration (building of the Rule of Law Government).

Other appraisals are carried out by the executive organs at all levels, whose findings are directly reflected in the indicators set out in article 11 of the present methodology, and the results of the evaluation should be sent in a timely manner to the leadership coordinating body of the executive branch of the law (building of the Rule of Law Government) to achieve the sharing of results-based resources.

This province is governed by a specific approach that is consistent with other archaeological, assessment and inspection matters, and is developed by the provincial executive leadership team.

Article 36 provides for the conduct of a legal administrative evaluation of the government and its branches at all levels of the province, the dispatch of institutions and the law, legislation and regulations authorizing the organization to exercise its administrative functions, taking into account this approach.

Article 37 valuants are required to carry out the work required under the legislative administrative evaluation, which should be included in the annual budget and guaranteed by the same-level finance.

Article 338 is implemented effective 1 June 2013.