Guangdong Province Administration Evaluation Method

Original Language Title: 广东省依法行政考评办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388867.shtml

Guangdong Province administration evaluation method

    (February 5, 2013 consideration Standing Committee of the 12th municipal people's Government of Guangdong Province the 1th March 27, 2013, 185th Guangdong provincial people's Decree promulgated as of June 1, 2013) Chapter I General provisions

    First in order to promote administration according to law, strengthen the construction of legal Government, according to the State Council implementation outline for the holistic promotion of administration by law and the decision of the State Council concerning strengthening the administration by law of city and County Government and the opinions of the State Council on strengthening the construction of Government governed by law and other relevant provisions, combined with the facts of the province, these measures are formulated.

    Second approach applies to the evaluation of administration according to law in the administrative area of the province.

    Third evaluation of administration by law in these measures refers to evaluation the administration of appraisal object is testing and assessment activities.

    Fourth province people's Government at or above the county level shall exercise unified leadership administration evaluation work within their respective administrative areas, specific implementation delegate administration according to law at the same level (the construction of legal Government) leadership and coordination bodies.

    Article fifth administrative review following an open and transparent, objective and impartial, implementation of hierarchical accountability, classification, principles of public participation.

    Sixth administrative work according to law shall be included in the local people's Governments at all levels and sectors leadership, leading cadres implement the scientific concept of development and government performance evaluation system.

    Chapter II examination and appraisal objects

    Article seventh throughout the province leadership team is responsible for the administrative work according to law at the municipal level and Shunde district, Foshan City people's Government, the provincial people's Government departments, organizations directly under the administration of appraisal of the situation.

    Eighth local people's Governments at the municipal level, in each County (city, district) people's Government established by the Administration (Government building) leading coordinating body responsible for the lower level people's Government and the people's Government departments, organizations directly under the administration of appraisal of the situation.

    Nineth local level municipalities, counties (cities and districts) the vertical management departments below the provincial administration, by its competent authorities at a higher level evaluation, and written to seek the views of local people's Governments.

    Article tenth of dual management situation of administration according to law, set up by the people's Governments at the corresponding level of Administration (Government building) lead coordination agency for the evaluation of work, and seek the views of the authorities at a higher level in writing.

    Chapter III evaluation indicators and benchmarks

    11th article of the province administration evaluation index system for construction of the rule of law established by the provincial government as the basis, includes the following measures:

    (A) institution building;

    (B) the administrative decision;

    (C) administrative enforcement;

    (D) the disclosure of Government information;

    (E) prevent and resolve social contradictions;

    (Vi) administrative oversight;

    (VII) administrative ability construction according to law;

    (H) the guarantee of the administration.

    Provincial government based on rule of law construction and changes in the situation and practical needs of timely implementation of the revised index system construction of legal Government and released again.

    12th system basic requirement:

    (A) scientific and democratic legislation, normative documents of the Government increased and improved quality;

    (B) normative documents effective implementation of the supervision and management system, development of normative documents conform to the statutory authority and procedures;

    (C) the cleaning of local laws, government regulations and normative documents, evaluation mechanism, Executive power is effectively guaranteed.

    13th the basic requirement of administrative decisions:

    (A) the procedure of administrative decision making rules clear, complete, basic formation, scientific and democratic decision-making mechanism according to law;

    (B) the poll, heard opinions, expert, public hearings, risk assessment, review of legality, decided collectively the necessary procedures to become major administrative decisions;

    (C) administrative decision assessment, feedback, and effective implementation of the accountability system.

    14th administrative enforcement of the basic requirements:

    (A) the effective implementation of the law enforcement body and the administrative law enforcement personnel qualification system, enforcement actions in accordance with statutory authority and procedures;

    (B) clearly specified powers and responsibilities, code of conduct and supervise effectively and ensure the effective administrative enforcement system established, full implementation of the responsibility system of administrative law enforcement;

    (C) administrative law enforcement supervision system, the legitimate rights and interests of citizens, legal persons and other organizations are effectively guaranteed.

    15th Government information disclosure's basic requirements:

    (A) strict implementation of the People's Republic of China Government information disclosure Ordinance, Government information disclosure mechanism, supporting systems;

    (B) the disclosure of Government information according to law, strictly implement the public responsibility of Government information systems;

    (C) the public disclosure of Government information in accordance with law application within the statutory time limit to get and answer, citizens, legal persons and other organizations the legal right of access to government information is fully protected.

    16th the basic requirements to prevent and resolve social conflicts:

    (A) local people's Governments at all levels of responsibility, government legal agencies led departments for the effective establishment of administrative mediation system, administrative mediation and people mediation, judicial mediation mediation mechanism of the linked shape;

    (B) an application for administrative reconsideration channels, administrative reconsideration cases according to law and justice, which entered into force effective discharge of administrative reconsideration decision;

    (C) administrative litigation rules improvement and effective implementation of the entry into force of the Court judgment or ruling, and proper handling of judicial opinions;

    (D) the complaint be dealt with according to law, social harmony and stability be effectively guaranteed.

    17th administrative supervision of the basic requirements:

    (A) the supervision and restriction mechanism to improve, sound administrative accountability system;

    (B) consciously accept the supervision of the NPC and its Standing Committee and the CPPCC National Committee and the democratic parties of democratic supervision, judicial organs shall implement supervision and press supervision, behavior of the Government of the people's right to know, right to participation, expression and supervision according to law of the right protection;

    (C) strengthened supervision and special supervision within the Government hierarchy, supervisory effectiveness significantly.

    The basic requirement of article 18th administrative capacity-building:

    (A) method uses a sound mechanism of leading cadres, the system implemented using the thought of rule by law and the rule of law and deepening reform, promoting development, ability to resolve conflicts and maintain stability significantly enhanced;

    (B) the executive staff carried out legal literacy training and examination were institutionalized, standardization, and administration according to law, the ability to act according to the significantly improved;

    (C) respect for the law, respect the law and abide by the law of the atmosphere formed.

    19th law protect the basic requirements:

    (A) Administration (Government building) working mechanism of leadership and coordination, planning and deployment;

    (B) specific effective measures to push forward administration by law, supervision is in place;

    (C) the institutions specifically responsible for promoting administration by law, the Division of responsibilities;

    (D) the Administration funding, financial security in place.

    Fourth chapter evaluation method and evaluation procedure

    Article 20th administrative appraisal administrative system internal assessment combined with social commentary, their supervisor and the evaluation self-examination combined combined, writing reviews and field visits, the qualitative evaluation and quantitative evaluation methods.

    Performance appraisal should be invited to NPC deputies and CPPCC members, experts, scholars and representatives of the news media and other interested parties to attend.

    Article 21st administration standards, procedures, and results of the evaluation shall be made public and subject to public supervision.

    22nd administration evaluation implementation on an annual basis, organizations once a year.

    Article 23rd according to law the administrative assessment in accordance with the following procedure:

    (A) evaluation based on these measures, combined with the administration by law of the people's Governments at the corresponding level, or the system's annual plans, issued an annual evaluation plan administration by law each year, clear organizational arrangements for the assessment, evaluation, content standards, methods, procedures, requirements and other matters.

    (B) programme evaluation evaluation of object controls, work of the regions, the Department of Administration presided over summary form administration annual report, together with the annual evaluation of working conditions of administration according to law in a joint report.

    (C) evaluation by reviewing annual reports, verification of related tables, listen to the work report, check out related administrative law enforcement files, including documents, checks, the evaluation of target administration of internal assessment of the situation. (D) through the online assessment, investigation, comments or any other means, the law status of the evaluation target for social commentary.

    Social commentary in principle implemented by the appraisal commissioned a professional survey organizations if necessary, or by evaluation implementation of the main organizing themselves.

    (E) evaluation based on internal assessment, social commentary, and so on, determine the evaluation scores and examination grades, and notify the examination object.

    (Vi) disagrees with the evaluation results can be received within 7 working days from the date of the notice of assessment results evaluation subject written review; assessment body shall within 7 working days from the date of receipt of an application for review review and the review results in writing inform the evaluation. 24th article law administrative evaluation by Mark scoring, which, administrative system internal assessment score not over 80%, social comments score not below 20%; the evaluation index of score proportion by Province Government developed of rule of law Government construction index system determine of standard implementation; on Government work sector of evaluation, can according to related sector whether has administrative license, and administrative punishment, and administrative levy, and administrative forced, administrative law enforcement functions, categories on evaluation index and score proportion for appropriate adjustment,

    And to be clear in the evaluation plan.

    25th is evaluation of the object any of the following circumstances, each increased by 2 points:
(A) administrative work according to law or special legal Affairs outstanding achievement, by the provincial (not including provincial departments, the same below) recognition awards above, or by and above rated as advanced unit, demonstration units;

    (B) the administration or special legal Affairs introduced by provincial authorities as a typical experience of more than promotion;

    (C) the administration or special legal work by the provincial major media as a typical experience of more than reports;

    (D) administrative cases appear in court in person, head of the executive authorities;

    (V) evaluation principals determine other situations.

    Extra points for the same matter, does not repeat points; assessment composite score over 100 points, to a maximum of 100 points.

    Article 26th appraisal of the object any of the following circumstances, relevant evaluation on a zero basis and deducted 2 points in the overall score:

    (A) beyond the statutory authority, or in breach of statutory procedures to make executive decisions, resulting in heavy losses or adverse effects;

    (B) an Executive or administrative omission, triggering serious incidents or serious security, environmental accidents such as;

    (C) failing to handling major sudden accidents, serious harm to the State interests and public interests or the legitimate rights and interests of citizens;

    (D) in administrative proceedings, without reply, not responding or not implement court of Justice;

    (E) fraud in the appraisal or evaluation to determine other situations.

    Points to the same matter, does not repeat points total points for more than 10 minutes, to a maximum of 10 minutes. 27th provincial administration evaluation results into excellent, good, General three grades.

    Should be the subject of evaluation in Government and is separate from, the principle of distinction between categories of government departments, to score 80 points or more and is ranked in the top 20% of the examination object, rated as excellent grades; scores of more than 80 points but ranked outside of the top 20%, rated as good grades; composite score below 80, classified as general grades.

    28th article evaluation subject on implemented province following vertical management sector of evaluation, should in written sought was evaluation object where to Government views of while, please local government by mark on was evaluation object of law administrative status for scoring, and according to evaluation subject of evaluation scored accounted for 80%, and local Government of evaluation scored accounted for 20% of principles, integrated calculation was evaluation object of eventually scored, determine corresponding of evaluation Melchizedek.

    Evaluation subject on implemented double management sector of evaluation, should in written sought was evaluation object of Shang level competent sector views of while, please Shang level competent sector by mark on was evaluation object of law administrative status for scoring, and according to evaluation subject of evaluation scored accounted for 80%, and Shang level competent sector of evaluation scored accounted for 20% of principles, integrated calculation was evaluation object of eventually scored, determine corresponding of evaluation Melchizedek.

    Fifth chapter evaluation results and legal liability

    Article 29th administration evaluation results evaluation should be the communications in the administrative system, rated as excellent grades evaluation object recognition, evaluation for the general grades and examination score of less than 60 minutes was criticized by appraisal and related Government portals or news media publicity. 30th article law administrative evaluation subject on Xia level Government and this level Government belongs the sector, and the directly under the institutions of evaluation, should will evaluation results copy sibling party, and Standing Committee and Shang level Government, and copy told sibling party organization sector and discipline monitored sector; on implemented province following vertical management sector of evaluation, should will evaluation results copy told was evaluation object where to Government, and party organization sector and discipline monitored sector; on implemented double management sector of evaluation,

    Evaluation results should be a copy of the same level Party Committee Organization Department, discipline inspection and supervision departments and authorities at a higher level of evaluation objects.

    Administration examination results should be as head of evaluation position change, lifting, training exchanges, the rank rewards an important basis for punishment.

    Article 31st appraisal objects was rated as excellent grades for two consecutive years, evaluation can identify the region or the system administration model to create a unit of work.

    Evaluation results are rated in general grades and examination score of less than 60 minutes, the evaluation shall order the rectification, and recommends that the relevant authorities to cancel was selected by the evaluation object when the excellent, advanced and model unit qualification.

    Article 32nd object refuses to implement corrective actions for examination or evaluation scores less than 60 points for two consecutive years, shall be subject to evaluation mainly heads and related personnel responsibilities.

    Article 33rd appraisal object in the evaluation work of falsification, concealment or negative coping shall be investigated for criminal responsibility of its principal heads and related personnel; a suspected crime, transferred to the judicial organs according to law.

    Article 34th evaluation staff in the evaluation work of favoritism, neglect of duty or malfeasance, shall be investigated for their disciplinary responsibilities; a suspected crime, transferred to the judicial organs according to law.

    The sixth chapter supplementary articles

    35th article of the provincial administrative authorities at various levels involving administration of assessment, evaluation, examination, should be dovetailed with the evaluation of administration according to law, avoiding duplication of assessment, evaluation and inspection.

    Evaluation or administrative organs at all levels must carry out administrative enforcement of administrative law enforcement inspection should be unified into the scope of assessment administration according to law, and submitted to the Administration at the same level (the construction of legal Government) leadership and coordination body to co-ordinate arrangements.

    Administrative authorities at all levels to carry out other evaluation, the evaluation results are directly reflected the targets provided for in article 11th, evaluation results should be timely submitted to the Administration at the same level (Government building) lead coordination agency, share the results of evaluation resources.

    The province administration evaluation and other evaluation, appraisal, inspection matters linked to the specific measures formulated by the province administration leading group separately.

    Article 36th people's Governments at various levels in the province and sector agencies, agencies and laws and regulations authorize the exercise of administrative authority administration assessment of the Organization, in accordance with the measures implemented.

    37th carry out administration according to law the subject of evaluation evaluation of the work requirements, should be included in the annual budget, financial safeguards. 38th article of the rules take effect on June 1, 2013.