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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

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Circumstance of administrative law enforcement cases in the first city

(The 20th ordinary meeting of the Thirteenth People's Government, held on 21 December 2012, considered the adoption of the Decree No. 145 of 10 January 2013, published as of 1 March 2013, by Decree No.

Chapter I General

Article 1 strengthens administrative law enforcement oversight, regulates administrative law enforcement, enhances the level of administrative law enforcement, promotes the administration of justice, and develops this approach in line with the relevant laws, regulations.

Article 2

Article 3: The Government of the city, district (the district) is leading the administrative law enforcement review in the current administration area.

The Government's rule of law sector (hereinafter referred to as the Government's rule of law sector) organizes administrative law enforcement reviews conducted by executive law enforcement authorities affiliated to the Government of the people and coordinates, guides and oversees the review of the administrative law enforcement files of the Government of the lower-level people.

Article IV. Administrative law enforcement volumes review the principles of equity, justice and standardization.

Article 5 Government rule of law and administrative law enforcement agencies should strengthen the scientificization, informationization and standardization of administrative law enforcement proceedings.

The executive law enforcement review should be conducted in accordance with archives, confidential laws, regulations and regulations.

Article 7. Administrative law enforcement reviews may involve experts, scholars, persons with experience in the practice of the rule of law, and professionals involved.

Chapter II

Article 8. The Government's rule of law sector should organize administrative law enforcement reviews as appropriate. The review should be conducted in conjunction with the actual practice of the administrative law enforcement agencies reviewed, with random sampling, selection of cases or other methods of evaluation.

Article 9

(i) Develop evaluation programmes to clarify the scope, content, methodology, steps, time frames, standards and requirements of administrative law enforcement reviews;

(ii) A summary of the random sample of files conducted by the inspectorate administration law enforcement authorities, which is based on a proportional drawing of administrative law enforcement files from the directory of the administrative law enforcement cases sent to them;

(iii) Administrative law enforcement volumes may be reviewed at the location determined by the Government's rule of law sector, or can be reviewed on-site by the administrative law enforcement authorities;

(iv) Review, review and evaluation of administrative law enforcement volumes in accordance with administrative law enforcement procedures, and result in early evaluation;

(v) Hearing the views of the administrative law enforcement agencies of the evaluation of the initial evaluation, reviewing the administrative law enforcement volume, revising the confirmation of error and identifying the findings;

(vi) To report to the Government of the people at this level on the results of the administrative law enforcement proceedings and to inform them;

(vii) The transfer of administrative law enforcement files to the administrative law enforcement authorities after the completion of the administrative law enforcement review.

Article 10 When administrative law enforcement files are consulted and reviewed, effective measures should be taken to ensure the integrity and integrity of the administrative law enforcement files.

The review of administrative law enforcement files involving State secrets, commercial secrets and personal privacy should be carried out by the exclusive custodian, exclusive review.

Article 11. Administrative law enforcement reviewers shall be fair, impartial and shall not conceal the issue of the file or the content of the document. The judge shall apply for evasion with the administrative law enforcement matters of which the administrative law enforcement files are reviewed, or other administrative law enforcement matters that may affect fair and fair scrutiny, and the Government's rule of law should be instructed to avoid, and the administrative law enforcement authorities may also make requests for a waiver.

Article 12 Administrative law enforcement authorities affiliated to the Government of the city, district (the district) should organize an annual review of the administrative law enforcement files of the Authority and will be presented to the Government's rule of law by the end of March each year.

Chapter III

The Government's rule of law sector organizations conduct administrative law enforcement reviews, which should be examined primarily by:

(i) The executive body of the subject of administrative law enforcement, and the law enforcement qualifications of law enforcement officials;

(ii) The legal basis in force for administrative law enforcement, the statutoryity of law enforcement procedures and time limits;

(iii) Facts and evidence determined by administrative law enforcement;

(iv) The application of laws, regulations and regulations for administrative law enforcement and the appropriateness of discretion;

(v) Norms such as administrative law enforcement instruments, record content;

(vi) The form of delivery of administrative law enforcement instruments;

(vii) Form of implementation of administrative law enforcement decisions;

(viii) The file of administrative law enforcement instruments and materials;

(ix) Other provisions of laws, regulations and regulations.

Article 14. The Government's rule of law sector should establish administrative law enforcement vetting standards in accordance with the relevant laws, regulations and regulations, and inform the Government of the city of its approval.

The administrative law enforcement review criteria should include:

(i) The basic criterion is to determine whether administrative law enforcement is lawful and appropriate. In cases that are not in compliance with any of these basic standards, are not reviewed by normative standards in a piecemeal manner as a result of unqualified administrative law enforcement cases;

(ii) Normative standards are the criteria for whether the basic elements of the instrument are backed up and regulated, as well as the specific evaluation criteria for the qualified administrative law enforcement volumes of the basic standards and the application of the score.

Article 15. Administrative law enforcement proceedings should be reviewed in one instance, with hundreds of sub-systems, and in accordance with administrative law enforcement review criteria, the four cases of excellence, goodness, qualifications and non-qualification.

Chapter IV Review of the application and treatment of findings

The results of the administrative law enforcement review should serve as an important basis for evaluating the leadership of the executive and administrative law enforcement agencies.

Article 17 The executive law enforcement authorities should work in conjunction with administrative law enforcement volumes, establish a sound mechanism to study the development of corrective measures to improve administrative law enforcement.

Article 18 enshrines the administrative law enforcement authorities that do not conduct administrative law enforcement proceedings in accordance with article 12 of this approach, the Government's rule of law sector should be responsible for changing their deadlines; and the impossibility of the delay.

Article 19, in administrative law enforcement cases that are not in compliance with normative standards, the Government's rule of law should issue, in accordance with the law, the Recommendations of Administrative Law Enforcement, or other forms, to inform the administrative law enforcement agencies that are inspected to improve administrative law enforcement.

Article 20 provides for administrative law enforcement cases that are not in compliance with basic standards and should be assessed as being non-qualified, and the Government's rule of law sector has issued a proposal for administrative law enforcement in accordance with the law, recommending that the administrative law enforcement body be reviewed to repeal the administrative law enforcement act in accordance with the statutory procedures.

Article 21, in accordance with article 20 of this approach, contains cases where administrative law enforcement should be withdrawn, but the removal of the administrative law enforcement act to the relative administrative or national interests, collective interests, others' interests may not be withdrawn, but it should be confirmed that the administrative law enforcement is in conflict with the law and criticized.

The second article should be reviewed by the executive law enforcement authorities after having received the Government's Legislative Rule of Law Recommendations in the Administrative Law Enforcement Inspectorate, as required, to improve administrative law enforcement or to withdraw administrative law enforcement, and feedback on the implementation of the Government's rule of law sector.

The Government's rule of law sector can report on the same-ranking people's decision on administrative law enforcement to the Government.

Article 23 allows executive law enforcement authorities to select the typical administrative law enforcement volume from an rated high-quality and non-qualified administrative law enforcement file to regulate administrative law enforcement.

Article 24 of the Government's rule of law authorities should be informed by the executive law enforcement authorities, with the consent of the current people's Government, of the high rate of excellence in administrative law enforcement, the high rate of qualified qualifications, the supervision of the administrative law enforcement authorities, and of the criticism of the administrative law enforcement authorities of the high vacancy in administrative law enforcement cases and the provision of administrative law enforcement training.

Article 25 Government rule of law and administrative law enforcement reviewers violate the present approach by treating abuse of authority, negligence, provocative fraud or failure to perform statutory duties in administrative enforcement proceedings, in accordance with article 37 of the Regulations on Administrative Law Enforcement of the Seoul City.

Chapter V

Article 26 of this approach refers to administrative law enforcement agencies with the qualifications of the executive law enforcement subjects.

The administrative law enforcement volume referred to in this approach refers to the filing of legal documents and materials by administrative law enforcement agencies in administrative licences, administrative penalties, administrative enforcement, administrative payments, administrative requisitions, administrative recognition, administrative decisions, administrative inspections and administrative inspections, etc.

Article 27, executive law enforcement agencies affiliated to the Government of the city, District (Parliament), conduct administrative law enforcement proceedings in accordance with the provisions of this approach by the executive law enforcement authorities of the city's Government.

An administrative law enforcement review of organizations that are mandated by law, legislation and regulations to administer the functions of public affairs is carried out, taking into account the provisions of the administrative law enforcement desk review.

The twenty-eighth approach is explained by the rule of law of the Government of the city.

Article 29 of this approach is implemented effective 1 March 2013.