Shantou Files Comments On Administrative Law Enforcement Search Approach

Original Language Title: 汕头市行政执法案卷评查办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387239.shtml

Shantou files comments on administrative law enforcement search approach

    (December 21, 2012 13th session of the Standing Committee of the people's Government of the 20th district, Shantou city review on January 10, 2013, Shantou City Government to 145th, published since March 1, 2013) Chapter I General provisions

    First for the purpose of strengthening administrative law enforcement supervision, standardize administrative law enforcement and improve the level of law enforcement, push forward administration by law in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second, within the administrative area of the city, district (County) people to their administrative law enforcement organs and lower level people's Governments in administrative law enforcement files comments on working areas, these measures shall apply.

    The third municipal, district (County) Government administrative law enforcement files comments on working within their respective administrative areas.

    Municipal, district (County) Government legal departments (hereinafter referred to as the Department of Legal Affairs of the Government) organization-level people's Government administrative file review of administrative enforcement of law enforcement agencies working and coordination, guidance, supervision and inspection of administrative law enforcement files comments on working of the lower level people's Governments.

    Fourth administrative law enforcement files comments looks up a fair, just, to the same standard principles.

    Article fifth government legal departments and administrative law enforcement organs should strengthen the administrative file review working scientific, information technology, standardization.

    File rating check shall conform to article sixth administrative enforcement records, privacy laws, rules and regulations.

    Seventh administrative law enforcement files comments looks up to hire experts, scholars, have the practical experience of the legal system and associated professionals to participate in.

    Chapter II assessment methods and procedures Eighth Government Legal Department should be organized in due course files comments on administrative law enforcement investigations.

    During the evaluation should be combined with comments looks up the actual administrative law enforcement organs, random files comments on search, select file rating check or other assessment methods.

    Nineth government legal departments organize files comments on administrative law enforcement investigation, shall comply with the following requirements:

    (A) the formulation of comments on the proposal, clarifying the scope of administrative law enforcement files comments looks up, content, methods, procedures, time limits, standards and requirements;

    (B) review found administrative law enforcement organs take method of randomly selected files comments on search, folder list from the submission of administrative law enforcement by administrative law enforcement files randomly; sending files comments looks up, which submitted to the choice of administrative enforcement cases;

    (C) administrative law enforcement files can look it up in the Government legal departments to determine the place of evaluation can also be assessed, try to find administrative law enforcement organs site assessment;

    (D) in accordance with administrative law enforcement files comments on check standard of administrative case files reviewed, ratings, form the initial evaluation results;

    (E) hear the comments looks up the administrative organization for law enforcement views on the evaluation results, according to the opinion of the administrative review law enforcement files, be amended to identify erroneous assessment, and evaluation results;

    (Vi) report to the people's Governments at the corresponding level files administrative law enforcement review results and communicated;

    (VII) administrative law enforcement files comments looks up after the end of comments looks up administrative law-enforcement organs transfer of administrative law enforcement cases.

    Tenth administrative file review for law enforcement investigators access and review when searching the file, should take effective measures to ensure the comments looks up the administrative law enforcement files clean and in good condition.

    Involves State secrets, business secrets and personal privacy during the file review of administrative enforcement, shall be kept by the person, personal comment on investigations. 11th files comments on administrative law enforcement investigators to conduct during the file review should be fair and impartial, not withholding the file problems, or tamper with the files contents.

    Comment on investigators and be assessed to check files administrative law enforcement matters of administrative law enforcement has an interest or may affect the fair, impartial evaluation of check, shall apply for withdrawal is not requested to withdraw, the Government Legal Department directive to avoid, to be assessed, refer to the administrative law enforcement organs are also applying for the withdrawal.

    12th of municipal, district (County) people's Government administrative law enforcement organs should be organized on an annual basis the comments looks up the administrative law enforcement cases, and before the end of March in each year the previous year files administrative law enforcement directory and review check level people's Government Legal Department.

    And check the content of chapter assessment standards

    13th the Government legal departments organize files comments on administrative law enforcement investigation, shall be mainly comment on check the following:

    (A) administrative law enforcement entity of the administrative law-enforcement agents, law enforcement personnel qualifications;

    (B) current valid legal basis for executive action, enforcement procedures and time limits of statutory;

    (C) administrative enforcement action the facts and evidence;

    (D) administrative enforcement of applicable laws, rules and regulations, as well as the appropriateness of discretion;

    (E) administrative law enforcement documents, the recorded contents of specification;

    (Vi) administrative law enforcement service of instruments;

    (G) implementation of the decisions of administrative law enforcement form;

    (H) the situation of archives administrative law enforcement instruments and materials;

    (IX) other contents prescribed by laws, rules and regulations.

    Article 14th municipal people's Government legal departments shall, in accordance with the relevant laws, rules and regulations for administrative law enforcement files comments on check standard, submitted to the municipal people's Government.

    Files comments on administrative law enforcement investigation standards should include: (A) basic standards, is that the legality of administrative acts, the appropriate standard.

    Does not meet any of the contents of a basic standard case file is unqualified administrative law enforcement, according to zero the meter, normative standards of assessment no longer check;

    (B) normative standards, the basic elements of the instrument is a volume if the specifications are available, standard, as well as basic standards for qualified law enforcement files of specific evaluation criteria check, by Mark points.

    15th case of administrative law enforcement files comments on check should be a review and mark, according to administrative law enforcement files comments on check standard, rated as excellent, good, qualified and unqualified four grades.

    Fourth chapter evaluation of results and processing

    16th administrative enforcement cases evaluation results evaluation administrative law enforcement organs should serve as leading cadres ' achievement and an important basis for administrative punishment by law enforcement officials.

    17th administrative law enforcement organs should be combined with administrative file review found, establish and improve the error correction mechanism and to develop improved administrative enforcement measures.

    Article 18th in accordance with this approach comments looks up the article 12th administrative law enforcement files administrative law enforcement organs, the Government legal departments shall be ordered to rectify; fails, give notice of criticism.

    19th do not meet normative standards of administrative law enforcement files, Government Legal Department shall issue the administrative law enforcement supervision recommendations or take other forms, notify the review found administrative law enforcement organs to improve law enforcement work.

    20th do not meet basic standards of administrative law enforcement files, it should be classified as substandard grades, issued by the Government legal departments to the inspectors ' recommendation of administrative law enforcement, recommended to be assessed, checked the administrative law enforcement organs in accordance with legal procedures to revoke the administrative act.

    21st according to the article 20th there are circumstances that warrant the cancellation of the administrative enforcement Act, however, the removal of the administrative executive action or interests of the State, collective and caused greater loss to the interests of others, can not be removed, but you should confirm that the violation of administrative law enforcement and be criticized.

    Comments looks up the administrative law enforcement organs will get articles 22nd government legal departments after the inspectors ' recommendation of the administrative law enforcement, improved administrative enforcement shall, in accordance with requirements or cancellation of administrative enforcement of law, and to provide feedback on the implementation of the Department of Legal Affairs of the Government.

    Comments looks up the Administration fails to improve law enforcement by law enforcement agencies or annul administrative enforcement action, the Government legal departments can be reported to people's Governments at the same level of the written decision of administrative law enforcement supervision.

    23rd administrative and enforcement agencies from being rated as excellent, unqualified executive law enforcement files of typical administrative reviews law enforcement files, to regulate administrative enforcement action.

    24th the Government legal departments in the administrative law enforcement files comments looks up after the agreed should be approved by the people's Governments at the corresponding level of administrative law enforcement files best rate, yield a higher assessment informed the search administrative law enforcement organs to give credit files on administrative law enforcement failure rates higher was criticized by comments looks up administrative law-enforcement departments, and instructed relevant administrative law enforcement personnel back to the administrative law-enforcement training.

    25th government legal departments and administrative file review for law enforcement investigators in violation of the rules files comments on check in administrative law enforcement abuse their powers, neglect their duties, engages in acts or fails to perform the statutory duties in accordance with the provisions of administrative law enforcement supervision regulations 37th district, Shantou city.

    The fifth chapter by-laws

    26th article this way called the administrative law enforcement organs, refers to the law enforcement entity executive authorities.

    Administrative law enforcement files mentioned in these measures refers to administrative law enforcement authorities in the administrative license, the administrative punishments, administrative enforcement, executive pay, administrative collection and administrative expropriation, administrative confirmations, administrative decisions, administrative checks and other administrative law enforcement activities in the form of legal instruments and materials legally archived files.

    27th of municipal, district (County) people's Government administrative law enforcement organs on administrative law-enforcement agencies, municipal people's Government administrative law enforcement on the authorities subordinate administrative organs or on their behalf of law enforcement units to carry out the administrative file review working areas, in accordance with the measures provided for.

    For legal and authorized rights to administer public affairs functions of the administrative law enforcement files comments on working with reference to provisions of administrative law enforcement administrative file review found.

    28th article of the approach by the Municipal Department of Legal Affairs is responsible for the interpretation. 29th these measures come into force on March 1, 2013.