Interim Measures For The Administration Assessment Of Lanzhou City

Original Language Title: 兰州市依法行政考核暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387189.shtml

Interim measures for the Administration assessment of Lanzhou city

    (January 4, 2013 Lanzhou municipal people's Government at the 28th Executive meeting February 16, 2013, Lanzhou municipal people's Government [2013] 3rd release come into force April 1, 2013) Chapter I General provisions

    First for comprehensively promoting administration according to law, speed up the construction of Government governed by law, according to the State Council implementation outline for the holistic promotion of administration by law and the decision on strengthening the administration by law of city and County Government and the opinions on strengthening the construction of Government governed by law and other relevant provisions, combined with the city's actual, these measures are formulated.

    Second administrative work according to law within the administrative area of the city, these measures shall apply.

    Article assessment of administration by law in these measures, refers to the assessment work of the organs of the examined units push forward administration by law with the visit, evaluation and incentive activities.

    Fourth city, County (district) people's Government exercise unified leadership administration work within their respective administrative areas.

    City, County (district) people's Government established law office administration assessment of the particular organization.

    Fifth of municipal people's Government is responsible for the departments, County (district) Government Administration evaluation.

    The County (district) people's Government is responsible for the Department and township (town) people's Government, the subdistrict office administration assessment of the situation.

    On the dual management, vertical management administration assessment, local people's Governments shall be responsible for examination and evaluation results should be reported to senior management; by its superior management is responsible for assessment, evaluation results shall be sent to the local people's Government.

    Sixth administrative review according to law should follow the facts, fairness, impartiality, public participation, the principle of hierarchical accountability.

    Article seventh administrative assessment in municipal and County (district) people's Governments and their annual assessment index system of objectives.

    Chapter II examination content and basic requirements

    Eighth administration assessment of content:

    (A) strengthening organizational leadership;

    (B) administrative ability construction according to law;

    (C) to strengthen and regulate the system construction;

    (D) the scientific and democratic decision-making in accordance with law;

    (E) the regulation of administrative enforcement actions;

    (F) strengthening the administrative supervision;

    (VII) to resolve contradictions and disputes;

    (VIII) promoting open government.

    Nineth strengthen organization and leadership assessment of basic requirements:

    (A) was established to guide and coordinate the administrative work according to law institutions, sound leadership, oversight and coordination mechanisms, develop concrete ways to promote administration according to law and measures requirements into budget and guaranteed; (B) the annual report of the implementation of the law system.

    Improve the system of supervision and inspection, evaluation, administration according to law, develop annual task of the phased deployment and administration according to law, and to supervise and inspect the implementation of tasks and assessment; (C) to strengthen the rule of law institutions and team building. According to the work requires independent legal institutions, with enough full-time personnel and office expenses included in the budget to protect it.

    Play legal staff, assistants, and the role of counsel;

    (D) establish by executive heads focusing on administrative accountability, improve execution and credibility of the Government.

    Tenth law capacity-building assessment of basic requirements:

    (A) the establishment of long-term mechanism of legal knowledge training and implementing the Government's Executive meetings and sector Council (Commission, ban) Conference law system;

    (B) shall hold at least two times a year seminar on administration according to law and the legal system lectures of leading cadres;

    (C) Government departments established leading cadres according to law administration in the investigation and legal knowledge to the test system;

    (D) the implementation of the proposed law knowledge of leading cadres ' pre-service testing and inspection system of administration by law;

    (E) law knowledge in civil service training;

    (Vi) administrative law enforcement officers as general legal knowledge training, specialized legal knowledge training;

    (G) new and timely industry-related laws and regulations and regulatory advocacy and professional training.

    11th strengthening and standardizing the system of assessment of basic requirements:

    (A) the development of government regulations and regulatory documents shall comply with the statutory authority and procedures, in line with the provisions of the laws, regulations and policies;

    (B) drafting local laws, government regulations, the implementation of project demonstration, public participation, expert advisory system demonstration, decided collectively;

    (C) the Government shall be published in the form of statutory regulation and normative documents, and in accordance with the requirements and deadlines to submit for the record, push lower bodies carry out normative documents reporting responsibilities, comprehensive review of reporting documents;

    (D) improving government regulations and regulatory documents to modify, repeal, and regular cleaning system, clean up results announced to the public in a timely manner.

    Article 12th scientific and democratic decision-making assessment of basic requirements:

    (A) the administrative decision-making process, perfected a significant decision rules, risk assessment, public participation, expert, legal review and group discussion as a major pass through the procedure of decision making;

    (B) implementation of the head of the Government legal organization to attend the Executive meeting of the Government system and rule of law institutions in charge of departments to attend departmental Council (Commission, ban) Council system;

    (C) the establishment of hearing system of major decisions and demonstrate;

    (D) establishing a sound system for assigning responsibility for major policy decisions.

    13th regulating administrative law enforcement assessment of basic requirements:

    (A) implementation of the responsibility system for administrative law enforcement, enforcement evaluation, strengthening administrative law enforcement accountability;

    (B) perform their duties according to law, investigate and deal with illegal cases, imposition of administrative penalty discretion standard to promote and regulate the power of relatively concentrated administrative punishment, actively promote the comprehensive law enforcement pilot project;

    (C) refining the law enforcement process, clear law enforcement links and steps to improve relevant systems;

    (D) administrative law enforcement files comments on the system, standardize administrative law enforcement cases;

    (V) management of administrative law enforcement entity, law enforcement officers engaged in law enforcement activities should be held legally valid documents, and take the initiative to show;

    (F) improve law enforcement funds by the financial security system, ban ordered confiscated indicators, strict application of the penalty payment system of separation and two lines of income and expenditure.

    14th intensified administrative supervision and assessment of basic requirements:

    (A) consciously accept the supervision of the national people's Congress and people's political consultative conference, according to the report, to answer questions and listen to the views and recommendations, proposed by the provisions of national people's Congress and CPPCC proposals;

    (B) accept the judicial supervision, the people's Court has accepted the Executive Head of the administrative litigation case should actively court action, the respondent, conscientious implementation of court judgments and orders the entry into force, take seriously the people's Court of Justice proposal;

    (C) support and monitoring, auditing and other specialist oversight bodies independently carry out oversight work, implementation of oversight bodies of the authority;

    (D) the Executive law enforcement social supervisor or ethics review, and organize their participation in monitoring activities;

    (V) improve public reporting and complaint systems, establishing complaint monitoring platform, perfect for people reported, the media reflect the problem investigated, verified and working mechanism of law dealt with in a timely manner;

    (Vi) strengthening internal hierarchical supervision and special supervision, timely correction of illegal or improper administrative action; organize a yearly administrative or special inspection of law enforcement and supervision in accordance with law;

    (VII) establishment of administrative accountability mechanisms, the violation occurred, law and discipline serious responsibility of accountability of officials and responsible persons.

    Article 15th resolve contradictions and disputes examination of basic requirements:

    (A) administrative law enforcement dispute coordination mechanisms;

    (B) responding to establishment of administrative reconsideration and administrative adjudication work system; (C) improve administrative reconsideration.

    In accordance with the laws, rules and regulations, implementation of the administrative reconsideration institutions, staffing requirements, and guarantees funding of administrative reconsideration; accepted and heard the administrative reconsideration cases according to law and fair administrative reconsideration decision to correct illegal and improper administrative action; perform participation duties of administrative reconsideration, obey and perform the administrative reconsideration decision of the higher administrative authority.

    Perfecting the system of administrative reconsideration, according to requirements, submitted responding to administrative review case statistics reporting; reconsideration cases fixed sites and store counters to a file management, file archiving standards; legal instrument standard specifications.

    16th article promoting open government assessment of basic requirements:

    (A) strengthen project construction, medical and health, education and other key areas of information; (B) accelerating the construction of e-Government, the implementation of online work, examination and approval. Running Government Affairs Hall and Center norm, strengthen the construction of administrative service center hardware.

    Reply to open information to the public in accordance with law;

    (C) advancing the opening of Act, regulate and monitor hospitals, schools, public transport, water supply, gas supply, power supply, heat supply public services, such as working in the field of public, focusing on public duties, service commitments, fees, monitoring channels;

    (D) organize public appraisal of Government information.

    Chapter III examination procedures

    17th examination of administration according to law to take the usual checks and assessment methods by the end of.

    18th examination administration by law adhere to a comprehensive examination and focus on combining assessment, internal assessment combined with external review, written reviews and field evaluation combined with the principle.

    19th administration assessment by city, County (district) administration by law of the people's Government of working group members as well as city and County (district) administrative enforcement of social supervisors, style Council Member Assessment Panel carry out specific work.

    Public comment invited deputies and CPPCC members, representatives of the administrative relative person and other interested parties to participate, can take the seminar, questionnaires, interviews and seek the views of the public and other methods.

    Article 20th administration procedures: (A) the formulation of policies.

    Examination administration according to law authorities to formulate annual evaluation programme, specifically examination unit, items, methods and scoring criteria, and issued in the first quarter of each year; (B) collection of information.

    Evaluation organs timely collection and statistical data, information assessment unit administration by law, summarized and analyzed; (C) tissue verification.
Assessment agencies to submit the annual report of the Administration and review information, and conduct on-site inspections of the examined units according to actual needs;

    (Iv) review.

    Assessment authority organizations administrative law enforcement supervisor or principal socio-professional bodies for comment; (E) determine the result.

    Assessment agencies to collect information, self-examination and self evaluation, organization verification, review, based on comprehensive analysis and assessment, determine the result.

    21st evaluation unit evaluation should provide the following materials:

    (A) the administration work of self-examination and self-evaluation reports;

    (B) the self-assessment based on the results and the special examination;

    (C) promote administration according to law proceedings, file information, relevant documents, statistical reports, etc;

    (D) other materials sought by the examination bodies.

    22nd article based on assessment scores, examining such classified as excellent, good, standard, substandard four grades, grades scores divided by annual inspection programmes.

    Article 23rd, one of the following circumstances, according to the assessment, be added or improved grades:

    (A) administrative work according to law, and were above the provincial level commendations and awards;

    (B) innovations in administration according to law is above the provincial level authorities as experience;

    (C) administrative work according to law by the provincial news media as a typical experience of more than reports;

    (D) appraisal agencies under other circumstances.

    Article 24th of the following circumstances, be points in the examination administration according to law:

    (A) illegal administrative decisions or serious failure, causing major losses or serious effect;

    (B) not comprehensive and correct fulfilment of statutory duties, resulted in illegal exploitation of resources, pollution of the environment and public safety incidents, causing major losses or bad influence;

    (C) abuse of power, force, incite to commit illegal administrative acts or omissions of civil disputes or other major event is raised;

    (D) the illegal disposal of civil disputes, unexpected events, caused the situation to deteriorate, resulting in adverse effects;

    (E) violations of the relevant provisions of the clean;

    (Vi) other national interests, people's life and property, public property, major loss or adverse impact of illegal administrative acts;

    (VII) not in accordance with the relevant requirements and procedures for reporting regulatory documents;

    (H) the administration according to law in the examination of deception;

    (IX) other circumstances as legally determined by the examination bodies.

    The fourth chapter rewards

    25th of municipal and County (district) Administration Working Group to assess the situation in the people's Governments shall be informed.

    Examination results are excellent grades, give notice of recognition; of nonconformance, give notice of criticism, ordered written corrective opinions, rectification by the Administration Office of the leading group for acceptance to this level and administration leading group report; refusing to correction or rectification is not standard, related departments to hold those responsible accountable.

    26th illegal administrative action found in the examination, examination authority shall start the administrative accountability program, held primary responsibility for liability crime, transferred to judicial organs for handling.

    The fifth chapter by-laws 27th article this way come into force April 1, 2013.