Specification For Administrative Law Enforcement In Taiyuan

Original Language Title: 太原市行政执法基本规范

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384559.shtml

Specification for administrative law enforcement in Taiyuan

    (December 18, 2012 in Taiyuan City people's Government, the 17th Executive meeting January 5, 2013, Taiyuan City people's Government orders published since March 1, 2013, 81st) Chapter I General provisions

    First in order to standardize the administrative enforcement of law, administrative law-enforcement organs exercise their powers, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these norms have been formulated.

    Second standard mentioned in administrative law enforcement, refers to the administrative law-enforcement organs according to the provisions of the laws, regulations and rules, within the scope of their statutory functions and effects of citizens, legal persons or other organizations the rights or obligations of a specific administrative act.

    The third article of the municipal administrative law enforcement organs, administrative law enforcement officers engaged in the activities governed by this specification.

    Fourth administrative law enforcement should follow lawful and reasonable, just civilization, due process, efficient convenient principle of unity, honesty and responsibility. Fifth administrative law enforcement organs and administrative law enforcement personnel shall exercise functions and are protected by law.

    Citizens, legal persons or other organizations may not refuse or obstruct the executive action and intervention.

    Sixth city, County (city, district) people's Governments shall incorporate the requirements of administrative law enforcement budgets, and to protect it.

    Chapter II administrative law enforcement organs and administrative law enforcement personnel

    Administrative law-enforcement organs referred to in seventh standard, refers to the right to administrative enforcement of law and impose administrative enforcement actions in its own name and bear the legal responsibility of an independent administrative bodies or organizations authorized by the laws and regulations.

    Administrative law enforcement personnel mentioned in this specification, refers to the administrative law enforcement organs, entrusted with the enforcement of the administrative organ or organization with the management of public affairs functions, shall perform the duties of administrative enforcement staff.

    Article eighth administrative law enforcement organs should meet the following conditions:

    (A) approved by law established;

    (B) the enforcement of laws, rules and regulations to determine responsibility and authority;

    (C) preparation, on-the-job staff to meet law enforcement requirements;

    (D) work with financial sector budget allocated funds;

    (V) other conditions stipulated by laws, rules and regulations.

    Nineth administrative law enforcement organs and administrative law enforcement personnel shall, within the statutory terms of reference, in administrative law enforcement activities in accordance with law. Tenth administrative law enforcement organs should be the name, address, legal representative, law enforcement duties, law enforcement based on telephone hotlines and other matters, law enforcement matters, complaints in this official website announced, Office space or the website of the people's Governments at the corresponding level.

    Released when the content changes, should be updated in a timely manner.

    11th administrative law enforcement organs in accordance with the provisions of the laws, regulations and rules, within its statutory terms of reference, can entrust other administrative bodies, with the function of the management of public affairs organizations to implement administrative enforcement action.

    12th administrative delegate administrative enforcement by law enforcement agencies shall adopt written, letters rogatory shall contain the following:

    (A) delegates administrative law enforcement organs, and entrusted with the enforcement of the administrative organ or organization's name, and address of the legal representative;

    (B) the principal basis for law enforcement;

    (C) enforcement matters entrusted and authority;

    (D) duration of commissioned law enforcement;

    (E) entrusting the administrative law enforcement organs and entrusted with the enforcement of administrative organs or the rights, obligations and liabilities of the Organization;

    (F) delegate administrative law enforcement organs, and entrusted with the enforcement of the administrative organ or organization's legal representative seal on both sides, and dated;

    (G) other matters stipulated by laws, rules and regulations. 13th every delegate enforcement period shall not exceed five years.

    Principal period of Commission, administrative law enforcement organs should be entrusted again.

    14th delegate administrative law enforcement agencies shall be provided within 15 working days after written power of Attorney submitted to the people's Governments at the corresponding level of administrative law enforcement record.

    Delegate administrative law enforcement organs, and entrusted with the enforcement of the administrative organ or organization should delegate the content in the organs of law enforcement Web site announced, Office space or the website of the people's Governments at the corresponding level, subject to public supervision.

    15th Commission administrative law enforcement organs should be entrusted with the enforcement of the administrative organ or organization and implementation guidance and supervision of administrative enforcement of law and liable for the consequences of the Act.

    Entrusted with the enforcement of the administrative organ or organization shall, within the terms of reference to entrust implementation of administrative law enforcement agencies on behalf of the Administration that may entrust other administrative bodies or organizations to implement administrative enforcement action.

    Entrusted with the enforcement of the administrative organ or tissue beyond commissioned law enforcement matters or acts of administrative enforcement of permissions is invalid, and bear the corresponding legal responsibility.

    16th of municipal and County (city, district) between administrative law enforcement organs of the people's Government in the administrative disputes in law enforcement, coordinated by the legal institutions of the people's Governments at the corresponding level; coordination fails, the level people's Government for decision.

    17th system of administrative law enforcement organs should establish the following:

    (A) the qualifications and training of law enforcement personnel, assessment system, (ii) the system of administrative law enforcement inspection;

    (C) the administrative file review system for law enforcement;

    (D) the system of administrative enforcement evaluation;

    (E) the system of administrative law enforcement statistics (vi) complaint feedback systems;   

    (VII) administrative enforcement system for assigning responsibility for misjudged cases.

    18th administrative law enforcement personnel shall have qualifications on administrative law enforcement and administrative law enforcement document made in Shanxi province.

    Otherwise provided by laws and regulations on administrative law enforcement documents, from its provisions.

    19th administrative law enforcement personnel shall comply with the following conditions:

    (A) loyal to the motherland and to support its Constitution;

    (B) have a college education;

    (C) of administrative law enforcement specialized training and examinations;

    (D) apart from the staff, in-service personnel outside contract workers;

    (V) other conditions stipulated by laws, rules and regulations.

    20th administrative law enforcement personnel engaged in law enforcement activities should be done:

    (A) behaved, polite;

    (B) neatly identifies complete; (c) the civilized language, attitude and kind;

    (D) the code of conduct, and abide by the law.

    21st of municipal and County (city, district) administrative law enforcement personnel for rule of law institutions should be organized under public law study and training.

    Administrative law enforcement organs should organize the owned administrative law enforcement personnel the specialized legal knowledge is learning and training.

    22nd article of any organizations and individuals without administrative law enforcement qualifications shall not engage in law enforcement activities.

    Chapter III administrative law enforcement procedure

    23rd administrative law enforcement organs should be in accordance with the laws, rules, regulations procedures of administrative enforcement action.

    24th administrative enforcement procedures by administrative law-enforcement organs started ex officio, or according to the applications of the citizens, legal persons or other organizations to start. 25th the applicant by letter, telegram, fax, electronic data interchange, oral and other forms to apply.

    Applications need to use rich text, administrative law-enforcement organ shall provide free of charge to the applicants.

    Article 26th application shall contain the following particulars:

    (A) the applied name of administrative law enforcement organs;

    (B) the basic situation of the applicant;

    (C) application of the matter;

    (D) the facts and reason for application;

    (E) the signature or seal of the applicant and date of application. 27th administrative law enforcement organs shall register the application and issued to the applicant of receipt of the application documents.

    Orally, by check of the applicant, confirmed by the applicant's signature or seal.

    28th administrative law enforcement agencies following receipt of a request should be made to the following address:

    (A) the application does not belong to the jurisdiction of the authority, shall immediately inform the applicant to apply to the relevant authorities;

    (B) the application problems can be corrected on the spot, should be corrected in the applicant inadmissible;

    (C) the application materials are incomplete or not in compliance with the statutory form, shall at once inform all applicants need to supplement content, after the correction of the applicant is inadmissible;

    (D) the application admissible, it shall make a written decision on admissibility;

    (E) the application is not admissible, a written decision should be made inadmissible, together with the reasons.

    Article 29th administrative law enforcement organs in accordance with the inspection, investigation, forensics, asked administrative law enforcement, shall inform the administrative relative person before a one-time administrative enforcement action the main content, reason, evidence, procedure and their right to representation, to defend themselves, apply for withdrawal rights.

    Article 30th administrative law enforcement personnel engaged in administrative activities shall be not less than two, produce a valid certificate of administrative law enforcement and law enforcement records recorded in; do not produce valid documents of administrative enforcement, administrative right to reject.

    31st administrative law enforcement organs found in case of sources shall be registered in the following ways:

    (A) ex officio examination;

    (B) complaints or information of citizens, legal persons or other organizations;

    (C) the transfer of other organs;

    (D) the law found through other means.

    Article 32nd registered sources of cases should be reviewed by law enforcement agencies, and made within 15 working days of the following:

    (A) ex officio examination revealed a source of review, make their case decisions according to law;

    (B) the complaints of citizens, legal persons or other organizations to report or any other Department investigations into the source of the transfer and verification, make their case decisions according to law, and informed decision.

    Article 33rd administrative law enforcement organs found in the inspection of law enforcement suspected violations, and that evidence may be destroyed or lost or difficult to obtain evidence case and antecedent register in accordance with law.

    Article 34th administrative law enforcement authorities to obtain evidence, shall be valid, comprehensive, objective and impartial. Prohibits the use of violence, coercion, inducement, fraud or other improper means to collect evidence, or forge evidence.
Evidence obtained by unlawful means shall not serve as the basis for the basis of the facts of the case.

    35th as administrative enforcement decisions based on the evidence should be verified.

    Chief of administrative law enforcement organs should people's facts, reason, and evidence review inadmissible, it shall explain the reasons. 36th administrative law-enforcement organs of administrative relative person of evidentiary material, the goods shall be registered, and safekeeping.

    To involve State secrets, business secrets and personal privacy, evidence must be kept secret.

    37th administrative law enforcement organs to executive law enforcement actions taken on the burden of proof.

    38th under any of the following circumstances, administrative law enforcement personnel shall take the initiative to apply for withdrawal of administrative counterpart's right to apply for his withdrawal:

    (A) is a near relative of a party or of the case;

    (B) or any of his close relatives and have a stake in this case;

    (C) be witnesses or expert witnesses in this case;

    (D) other relations with this case, could affect the case impartially. 39th administrative law enforcement organs of the administrative relative person applying for withdrawal, administrative law enforcement organs should be recorded.

    Within three working days of receiving the request for withdrawal is unavoidable decision together with the reasons. Withdrawal of the administrative law enforcement personnel, determined by the head of the administrative law-enforcement agencies.

    Administrative heads of law enforcement agencies, as law enforcement agents need to be avoided, by their collective decisions the executive authorities.

    40th executive law enforcement authorities before making a decision, be requested to withdraw the Executive law enforcement personnel to perform the statutory duties shall not be suspended. 41st laws, rules and regulations should be hearing, the administrative organ shall organize the hearing.

    Shall organize the hearing without a hearing procedure of administrative enforcement decisions made null and void, except for rights of administrative relative person give up hearing.

    42nd executive law enforcement agency shall organize the hearing, shall comply with the following requirements:

    (A) at the hearing within the statutory period, notify the administrative time and place of the hearing;

    (B) in addition to involve State secrets, business secrets or personal privacy, the hearing shall be held in public;

    (C) the system should be made of the hearing;

    (D) specify did not participate in the administrative law enforcement investigation, reviewing activities of a hearing;

    (E) a record shall be kept of the hearing, the hearing record shall be signed or sealed after the participants in the hearing check. Article 43rd executive influence from law enforcement authorities administrative relative person rights or obligations of the decision, it shall inform the ways and terms of its relief.

    Taken orally informed under special circumstances, a record shall be kept.

    44th administration law enforcement agency shall disclose the law enforcement basis, law enforcement procedures and process the results of the case.

    Article 45th major administrative decisions shall be subject to the legal validity of the same level, collective decision by the administrative law enforcement organs.

    Article 46th non-statutory subject matter and through legal procedure, administrative law-enforcement organs may not revoke or alter administrative enforcement decisions in force because of national interests, public interests or other legal cause need to revoke or change, should be carried out in accordance with legal authority and procedure and the administrative relative person of property legal compensation for the damage caused.

    47th laws, rules and regulations on administrative law enforcement has clearly defined the term, administrative law enforcement organs should be concluded within the statutory time limit.

    48th administrative enforcement of decisions of the administrative law enforcement organs, administrative enforcement decisions should be sent directly to the administrative relative person; cannot be directly served shall be served in accordance with the provisions of civil procedure.

    49th laws, rules and regulations on administrative enforcement procedures otherwise provided, from its provisions.

    Fourth chapter of administrative law enforcement instruments

    50th administrative law enforcement organs should be based on the provisions of law and rules and regulations, uniform application of the system of administrative law enforcement instruments developed style, higher administrative law enforcement authorities have developed the Executive instrument style, may, in accordance with the use.

    51st instruments should form a unified administrative enforcement, lawful, clearly, norms.

    52nd administrative enforcement of instruments and set records should be complete and comprehensive, a true reflection of administrative law enforcement.

    53rd executive law enforcement documents should be marked number containing content conforms to the reality of executive action.

    Administrative law-enforcement instruments set the column should be filled in, not missing; there's no need to fill out, slashes should be used to fill in.

    54th article referred to in the instruments of administrative enforcement shall be based on complete, do you refer to specific content, articles, paragraphs, items, should be referenced.

    55th writing administrative documents in error should be corrected, and stamped at the changes to proofread or sign by law enforcement personnel, must be confirmed by the administrative relative person according to stipulations shall be signed by the Administration, a seal or fingerprinted.

    56th when administrative law enforcement personnel shall carry out the law, requires signature of the administrative refusal shall be indicated.

    Administrative law-enforcement instruments of evidence should be used in original, needed after using the copy shall be certified by the person in charge to sign it. 57th executive law enforcement documents should be sealed by the administrative law-enforcement organs or seal.

    Seals should be clear and correct. 58th in the blank on the administrative law-enforcement instruments of the seal and apply for, register, numbered, limited edition, the guardian system.

    Administrative law enforcement organs should be blank to seal instrument usage tracking surveillance.

    59th instrument material in the administrative law enforcement files should be complete, no weight or excess material, and do clean, fix and easy to read.

    60th administrative law enforcement files should be in accordance with the written decision of administrative law enforcement in the former, the other instruments according to the chronological order binding and Editor's note page numbers.

    Files administrative law enforcement shall make a cover page, a list of volumes and Prep table. 61st administrative law enforcement organs should promptly be administrative enforcement document archive into volumes. Cannot be binding evidence of filing should be in evidence bags with instruments, with volume archiving. Case of administrative law enforcement files should be a roll first, special files can be divided into sub.

    After the filing of the instrument, no unauthorized changes and deletions of material.

    Fifth chapter administrative law enforcement supervision

    62nd of municipal and County (city, district) people's Governments shall strengthen leadership on administrative law enforcement supervision work, establish and perfect the system of administrative law enforcement supervision.

    63rd of municipal and County (city, district) people's Government agency responsible for the administration of the legal system in the administrative law enforcement supervision work.

    City, County (city, district) people's Government Department legal body responsible for the system of administrative law enforcement supervision work.

    City, County (city, district) people's government supervisory and audit, human, financial and other administrative authorities in accordance with their respective responsibilities for administrative law enforcement supervision.

    64th administrative law enforcement supervision the main content:

    (A) the implementation of the laws, regulations and rules;

    (B) shall perform their duties;

    (C) administrative law enforcement entity legitimacy;

    (D) delegate administration according to law;

    (E) administrative law enforcement personnel qualifications and certificates, permits law enforcement;

    (Vi) administrative sanctions, administrative license, the administrative enforcement, administrative levy a specific administrative act legality and rationality of administrative discretion;

    (G) record of major administrative punishment cases and the handling of the case;

    (H) the implementation of the administrative examination and approval;

    (I) the administrative law enforcement reports and the processing of complaints;

    (10) the processing of administrative reconsideration and administrative litigation;

    (11) the separation of penalty payments, revenue and expenditure line and the management and disposal of confiscated property;

    (12) and appraisal of the implementation of the responsibility system of administrative law enforcement;

    (13) administrative law enforcement responsibility for misjudged cases prosecuted.

    65th administrative law enforcement supervision main way of: (a) administrative law enforcement supervision and inspection;

    (B) access to review relevant records, documents or information;

    (C) the assessment of administrative law enforcement and administrative law enforcement personnel;

    (D) electronic record collection;

    (E) the receiving, handling complaints, reporting to the administrative enforcement actions;  

    (Vi) organization or Inspector of inquiry processing.

    66th in the course of administrative law enforcement supervision, found illegal or inappropriate executive action, by people's Governments at all levels legal agencies issued under different situation to the relevant administrative law enforcement organs of the administrative law enforcement supervision recommendations, the administrative law enforcement supervision notice, of the written decision of administrative law enforcement supervision.

    Receive the administrative law enforcement supervision recommendations, the administrative law enforcement supervision notice, of the decision of the administrative law enforcement supervision administrative law enforcement organs should be issued within the time stated in the proposal, notice of rectification, decided the Legislative Affairs Agency reports, processing results.

    67th of municipal and County (city, district) legal institutions should be to record violations of administrative law enforcement under, and will record an annual target duty assessment basis.

    68th in administrative law enforcement activities, the people's Governments at various levels should have made outstanding contributions to the administrative law-enforcement organs or executive law enforcement officers give awards.

    The sixth chapter liability

    69th administrative law enforcement organs and their personnel in violation of the norms of administrative law enforcement, city and County (city, district) people's Government legal agencies should be dealt with in the following ways:

    (A) shall be ordered to immediately correct or rectify;

    (B) be ordered to perform their statutory duties;

    (C) give notice of criticism;

    (D) the temporary suspension or proposed revocation of administrative law enforcement documents, accept the reorganization, training and assessment (v) recommended out of the administrative law enforcement jobs;

    (Vi) drew attention to the people's Governments at the corresponding level, or the right to cancellation of the unlawful administrative act;

    (G) recommends that the authorities of the relevant personnel has the right to sanction administrative sanctions.
70th administrative law enforcement organs and administrative law enforcement personnel shall have one of the following acts by the supervisory authority shall be subject to administrative responsibility.

    (A) interfere with, obstruct, deny administrative law enforcement oversight bodies of administrative law enforcement supervision;

    (B) reports, complaints case review was recognized as an offence in accordance with law;

    (C) cases of administrative review or judicial authority revoke or alter;

    (D) the omission of serious adverse effects of administrative enforcement;

    (V) hide the truth, present false testimony or conceals or destroys law enforcement evidence, and abusing power for personal gain;

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

    71st administrative law enforcement organs and their violations of administrative law enforcement personnel in the administrative law enforcement activities citizens, legal persons or other organizations the legal rights and interests shall be compensated according to law.

    Administrative law enforcement organs to perform compensation obligations, shall order the intentional misconduct or gross negligence of the administrative law enforcement personnel to cover part or all of the damages.

    72nd administrative law enforcement organs and their functionaries, malpractice, dereliction of duty, bribery, shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated according to law.  

    73rd citizens, legal persons or other organizations considered that administrative law enforcement organs and administrative violations of the legitimate rights and interests of law enforcement personnel in law enforcement activities may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The seventh chapter by-laws

    74th administrative law enforcement organs should develop specific norms of administrative law enforcement in accordance with this specification, and report to the people's Governments at the corresponding level legal filings. 75th standard come into force on March 1, 2013.