Interim Measures For The Administrative Mistakes Accountable, Jinan City

Original Language Title: 济南市行政过错问责暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387199.shtml

Interim measures for the administrative mistakes accountable, Jinan City

    (February 4, 2013 Jinan municipal people's Government Executive meeting of the 20th February 19, 2013 Jinan municipal people's Government announced order No. 247, come into force on April 1, 2013) Chapter I General provisions

    First to ensure the executive staff to perform their duties, improve administrative efficiency and building government governed by law, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and Shandong province and the provisions of the administrative procedure and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second this approach applies to the municipal administrative organs at various levels of administrative liability investigation and oversight activities.

    Article III administrative liability in these measures refers to administrative bodies in the process of implementing specific administrative act, because staff did not perform, not the right to perform legal duties, adverse effects or consequences, recognition of persons shall bear responsibility in accordance with law.

    Fourth of municipal and County (city, district) administrative fault responsibility investigation of the unified leadership of the people's Government of the administrative work.

    Governments at all levels and their departments are administrative fault responsibility investigation organs; supervisory organs at all levels are responsible for organization and implementation of the measures.

    Human resources and social security, the Government legal departments shall, in accordance with their respective responsibilities, common administrative fault responsibility investigation work.

    Fifth administrative fault responsibility investigation should stick to the facts, fairness, unity of responsibility, the principle of combining education and discipline.

    Chapter II scope of administrative liability investigation

    At the sixth administrative organs to implement the following specific administrative acts, because staff did not perform, not the right to perform legal duties or work style slack, finger-pointing, poor service and inefficiency, adverse effects or consequences, should be held accountable administrative responsibility for mistakes:

    (A) the administrative license, the administrative punishment and administrative compulsory, administrative collection, administrative decisions, administrative confirmations, administrative payments, administrative checks;

    (Ii) laws, regulations, rules and regulations and other specific administrative action.

    Seventh section fails to perform the statutory duties in these measures refers to situations not perform their duties according to law by the following:

    (A) implemented by application of the administrative act, after receiving applications for administrative relative person, does not meet, reply, open licensing, registration, payment and other duties;

    (B) fails to perform duties of inspection, examination, inspection, and quarantine;

    (Iii) found that failure to perform duties of suppressing, correcting the violations committed;

    (D) citizens, legal persons or other organizations received complaints, after the reports, appeals, complaints and accusations, failure investigations, handling such duties;

    (E) shall carry out protection of personal rights, property rights, right to education, such as failing to perform statutory duties;

    (Vi) does not perform superior decision-making matters;

    (VII) not in accordance with the provisions of higher authority action items;

    (VIII) other circumstances as stipulated by laws, rules and regulations.

    Eighth article of the referred incorrectly to perform legal duties, including the following:

    (A) main facts are not clear and the evidence is insufficient;

    (B) the applicable based on the error;

    (C) the violation of legal procedures;

    (Iv) in excess of the prescribed time limit;

    (V) improper administrative measures taken by the Administration, means obvious, or beyond the terms of reference, abuse of powers;

    (Vi) improper behaviour of administrative enforcement;

    (VII) are apparently the same relative distinction, discrimination against particular persons;

    (VIII) other circumstances as stipulated by laws, rules and regulations.

    Chapter III administrative liability of the bearer

    Nineth administrative liability shall be under the responsibility of people in administrative fault fault and plot, by the undertaker, checker and approver, respectively.

    Referred to in the preceding paragraph the undertaker, which refers to the concrete implementation of the administrative act staff reviewer, including heads of executive organs, in charge of the leadership, as well as other responsible person exercised audit approve people, including the heads of administrative organs for issuing administrative decisions, as well as in accordance with the regulations or other responsible person empowered to exercise approval.

    Article tenth sponsor has administrative faults caused by any of the following circumstances shall be solely responsible for liability:

    (A) the independent exercise of authority;

    (B) without legal review and approval procedures without the implementation of administrative acts;

    (C) concealing facts, concealing evidence or providing false information leading reviewer, approved making the wrong decision;

    (D) without changing the assessment and approval of content.

    11th reviewer or approved by any of the following circumstances causing an administrative fault, responsible, respectively:

    (A) change or have not yet accepted the undertaker opinions;

    (B) the contractor proposed comments errors, reviewer, or approver should be found and not found, or is not corrected after it was discovered.

    12th two people or two or more persons jointly the implementation of administrative acts, administrative fault, sponsors should bear the primary responsibility, others bear secondary responsibility fails to distinguish between primary and secondary responsibilities, shared responsibility.

    13th the undertaker official, considered the superior decisions or orders with errors, you can correct the decision or order of the recommendations to the superior; superior does not change or require immediate execution, contractors should be implemented, but does not assume the responsibility.

    Article 14th decision of executive leadership decision-making, leading to administrative mistakes, a decision the primary leadership responsibility.

    Fourth administrative fault liability form 15th administrative liability is divided into administrative fault handling and administrative sanctions.

    Administrative fault and sanctions can be used separately or in combination, but not to replace the administrative mistakes dealing with administrative sanctions.

    Its Chief faults should be administrative sanctions, in accordance with the provisions of that regulation on the punishment of civil servants of administrative organs.

    16th administrative faults handled include:

    (A) order the written examination;

    (B) be ordered to apologize;

    (C) notice of criticism;

    (D) the warning;

    (V) suspended;

    (F) out of jobs;

    (VII) be ordered to resign from leadership positions;

    (VIII) other forms stipulated by laws, rules and regulations.

    Types of treatment prescribed in the preceding paragraph, and can be used separately or in combination.

    17th administrative liability for one of the following circumstances, shall be given a heavier responsibility:

    (A) refuse to correct errors;

    (B) the intentional misconduct or gross negligence;

    (C) administrative fault occurs, concealed or not taking effective measures, resulting in damage to expand;

    (D) administrative faults caused by bad or serious consequences;

    (E) the administrative liability of those within more than twice a year;

    (F) the faults to hide the truth, interfere with or obstruct the investigation and handling of fault liability;

    (VII) the complainants, informants, investigate, and witness retaliation;

    (VIII) other circumstances as stipulated by laws, rules and regulations.

    18th administrative liability for one of the following circumstances may be given a lighter or mitigated liability:

    (A) minor, damage or less;

    (B) actively to take remedial measures, avoid, mitigate or repair the damage, the Elimination of adverse effects;

    (C) cooperate with the investigation or performed other meritorious;

    (D) other circumstances as stipulated by laws, rules and regulations.

    19th administrative liability for one of the following circumstances, it shall not be held responsible:

    (A) due to implementation of the decision of the higher administrative authority or command administrative faults;

    (B) the obviously minor fault plot;

    (Iii) proactively identify and correct, caused no harmful consequences;

    (D) the statutory technical expert evaluation conclusion errors led directly to administrative faults;

    (E) other circumstances as stipulated by laws, rules and regulations.

    20th due to administrative fault of the executive authorities the responsibility of State compensation shall be in accordance with the People's Republic of China relevant provisions of the law on State compensation, recourse to administrative liability for the person concerned.

    Article 21st administrative mistake accountability results shall be entered into my archives.

    Administrative liability of those who shall not be named outstanding grades in annual assessment in the year.

    22nd the Chief fault handling of accountability should be within a certain range.

    Fifth chapter administrative liability investigation procedures

    Article 23rd administrative act has been one of the following from the fault responsibility investigation agencies in the investigation of:

    (A) be effective judgment or administrative decision revoke or alter, ordered to renew a specific administrative act, ordered to perform, identify specific administrative act illegal;

    (B) monitoring, audit, investigation and handling of government departments such as the legal requirements;

    (C) citizens, legal persons or other organizations report, complaints and complaints;

    (Iv) other treatment should be investigated.

    Article 24th of citizens, legal persons or other organizations that administrative organs and their staff there administrative faults, complaints to the watchdog report, complaint, and investigated by the watchdog dealt with supervisory organs can also be referred to the administrative investigation and handling of the fault responsibility investigation authorities. 25th Government the Department of Legal Affairs (bodies) identified during the administrative law enforcement supervision of administrative law enforcement mistakes, should be investigated.

    A minor, shall be ordered to correct within a serious, level monitoring bodies (bodies) for administrative law enforcement fault treatment recommendations. 26th to citizens, legal persons or other organizations report, complaint, complaints, administrative fault responsibility investigation organ shall, within three working days to decide whether to accept.

    Need to be transferred to the other organs, shall, within three working days of the transfer.

    Real name report, complaint, complaints, administrative fault responsibility investigation organ shall feedback. 27th administrative liability investigations should be carried out by two or more staff members.

    Need evidence from relevant units and personnel and relevant entities and persons shall cooperate with.
Investigators shall hear the person's statements and to defend themselves.

    Investigators shall make a written record. 28th administrative accountability in case of fault, shall accept or decide to make a decision within one month from the date of the survey.

    Complex, approved by the fault responsibility investigation organs primarily responsible, can be extended by one month.

    29th Chief faults should be administrative faults handled administrative fault fault responsibility investigation bodies to make the administrative process of decision and delivered within three working days from the date of making the parties and communicated to human resources and social security departments at.

    30th article of the administrative fault of the written decision shall set out the following:

    (A) the liability of name, company, position;

    (B) finds that facts and evidence of administrative liability;

    (C) liability and the basis;

    (D) the remedy of administrative decisions and time limits;

    (E) the name, stamp and date of the decision.

    31st article was asked accountability of staff on administrative fault processing decided refuses to of, can since received decided of day up 10 a days within made decided of organ application review; on review decided refuses to of, can since received review decided of day up 10 a days within made the review decided organ of Shang a level organ proposed complaints; also can not by review, since received processing decided of day up 10 a days within directly proposed complaints.

    Article 32nd administrative authority shall, within 30 days from the date of the request for revision was inadmissible to review decisions in writing and delivered to the applicant.

    Complaints shall receive complaints within 30 working days of written decision on the appeal and sent to the complainant and handled the body of the complexity of the case, after the complaints authority mainly responsible for the approval, you can extend the ten working days.

    Accountability of staff for making such a review, appeals not be aggravated.

    Article 33rd complaints bodies identified by the review of the original wrong decision, the authority shall, within ten working days from the date of receipt of the appeal decision be corrected.

    Original decision errors identified by the review, appeals, reputation damage caused to a party, the original organ shall, for their rehabilitation, to remove, causing economic losses, compensation according to law.

    Article 34th Chief fault responsibility investigation authorities on administrative behavior does not process, criticized by the supervisory authorities in accordance with the permission and rectification are serious, for managers and other responsible persons shall be given administrative sanctions.

    The sixth chapter supplementary articles

    Article 35th of the municipal Administrative Commission of authorized organizations, organizations, as well as other social management and public service functions of administrative fault responsibility investigation of the Organization's staff, in accordance with the measures implemented. Article 36th these measures shall take effect on April 1, 2013.