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Specification For Administrative Law Enforcement In Taiyuan

Original Language Title: 太原市行政执法基本规范

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Basic norms of administrative law enforcement in the city of au-Prince

(Adopted by Decree No. 81 of 5 January 2013, by the Government of the People of the Republic of Guinea-Bissau on 18 December 2012)

Chapter I General

Article 1, in order to regulate administrative law enforcement, promote the exercise by executive law enforcement authorities of their duties under the law and guarantee the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this norm in the light of the provisions of the relevant laws, regulations.

Article 2 refers to administrative law enforcement, as stated in the present regulation, to specific administrative acts which affect the rights of citizens, legal persons or other organizations or obligations under the statutory jurisdiction, in accordance with the provisions of laws, regulations and regulations.

Article 3. Administrative law enforcement agencies at all levels of the city, executive law enforcement officers, are governed by this norm.

Article IV. Administrative law enforcement should be guided by the principle of lawful and fair civilization, due process, efficient people, integrity and accountability.

Article 5 Citizens, legal persons or other organizations may not refuse, impede and intervene in administrative law enforcement.

Article 6. Governments of municipalities, districts and territories should incorporate administrative law enforcement funds into the current financial budget and guarantee them.

Chapter II

Article 7.

This norm refers to staff members who perform administrative law enforcement duties under the law in administrative law enforcement organs, administrative organs entrusted with law enforcement or organizations that have the functions of public affairs.

Article 8

(i) Established by law;

(ii) There are legal, regulatory, regulatory and regulatory enforcement responsibilities and powers;

(iii) The availability of administrative law enforcement personnel;

(iv) Funding for the work of budgetary allocations in the financial sector;

(v) Other conditions under the law, regulations and regulations.

Article 9. Administrative law enforcement agencies and their administrative law enforcement officials shall operate in accordance with the law, within their statutory competence.

Article 10. Administrative law enforcement agencies shall make public the name, address, statutory representative, law enforcement duties, law enforcement, law enforcement matters, complaints reporting calls, etc. on the website of this body, office premises or the website of the Government of the people at this level. The content of the publication should be updated in a timely manner.

Article 11. The executive law enforcement organs, in accordance with the provisions of laws, regulations and regulations, may entrust, within their statutory competence, other executive organs and organizations with the functions of public affairs to carry out administrative law enforcement.

Article 12. The executive law enforcement body shall entrust administrative law enforcement in writing and shall contain the following matters:

(i) To entrust administrative law enforcement agencies and the names, legal representatives and addresses of the administrative organs or organizations entrusted with enforcement;

(ii) The basis for commissioning law enforcement;

(iii) Procedural matters and powers entrusted to law enforcement;

(iv) The time period for the commission of law enforcement;

(v) The rights, obligations and legal responsibilities of executive law enforcement agencies and administrative organs or organizations entrusted with enforcement;

(vi) Authorize executive law enforcement authorities and the executive authority delegated to law enforcement or the legal representative of the organization to sign the chapter and indicate the date;

(vii) Other matters under laws, regulations and regulations.

Article 13 imposes a period not exceeding five years for the enforcement of the law. The expiration of the commission will require the continuation of the commission and the administration of justice should be renewed.

Article XIV entrusts executive law enforcement authorities to submit administrative law enforcement letters to the Government of the people at this level within fifteen working days after written authorization.

The executive law enforcement agencies and the administrative organs or organizations entrusted with law enforcement should be entrusted with the publication of the content of the commissioning of the law enforcement on the website of the Authority, office premises or the Government's website and receive social oversight.

Article 15 entrusts administrative law enforcement agencies with the guidance and supervision of administrative law enforcement acts committed by the executive organs or organizations responsible for the consequences of the act.

The executive organs or organizations entrusted with law enforcement should implement administrative law enforcement in the name of the executive law enforcement authority within the scope of the commission, and no other administrative organs or organizations should be entrusted with the implementation of administrative law enforcement.

Administrative organs or organizations entrusted with law enforcement are null and void and assume the corresponding legal responsibility.

Article 16 Disputes between administrative law enforcement authorities affiliated to the Government of the city, the city, the district and the people's government are governed by the rule of law institutions of the current people's Government; coordination is incomplete and the decisions of the current people's Government.

Article 17

(i) The qualifications of administrative law enforcement personnel for the validation and training, the conduct of the vetting system;

(ii) Administrative enforcement inspection systems;

(iii) The administrative law enforcement review system;

(iv) Administrative law enforcement appraisal system;

(v) Statistical system of administrative law enforcement;

(vi) The complaints reporting feedback system;

(vii) The accountability system for administrative law enforcement errors.

Administrative law enforcement officials should have administrative law enforcement qualifications and access to administrative law enforcement documents in mountainous province.

The law, legislation and regulations provide otherwise for administrative law enforcement documents.

Article 19

(i) Be faithful to the Constitution;

(ii) Enabling education;

(iii) Be eligible for examinations through specialized administrative law enforcement operations training;

(iv) Partners other than contract-based workers;

(v) Other conditions under the law, regulations and regulations.

Article 20

(i) To put the end of the estate and to be the subject;

(ii) Harmony and identifiers;

(iii) Language civilization, attitude and solidarity;

(iv) Conduct norms and compliance with the law.

Article 21, the State's rule of law institutions in the municipalities, districts and territories, should organize administrative law enforcement officials to study and train public legal knowledge.

Administrative law enforcement agencies should organize the learning, training of professional legal knowledge by executive law enforcement officials.

No administrative law enforcement activity shall be carried out by any organization or individual in article 2.

Chapter III Administrative law enforcement procedures

Article 23. Administrative law enforcement should be carried out in accordance with the laws, regulations and regulations.

Article 24 Administrative law enforcement proceedings are initiated by executive law enforcement authorities, or initiated on the application of citizens, legal persons or other organizations.

Article 25 The applicant may apply through correspondence, telegraph, fax, e-data exchange, oral. The application requires the adoption of the format, and the administrative law enforcement authorities should be free of charge to the applicant in accordance with the law.

Article 26

(i) The name of the administrative law enforcement authority requested;

(ii) The basic situation of the applicant;

(iii) Matters for application;

(iv) The facts and reasons for the application;

(v) The applicant's signature or chapter and the date of application.

Article 27 should be registered by the administrative law enforcement authorities, if any, and give the applicant a certificate of receipt of the application. The oral application was confirmed by the applicant's signature or chapter.

Article 28 should be dealt with by the administrative law enforcement authorities after receipt of the request:

(i) The matter of application is not governed by this body and should be communicated to the applicant to apply to the organ concerned;

(ii) The question of the existence of requests for materials may be corrected at the present stage and shall be admissible after correction by the applicant;

(iii) The applicant shall be informed, on a one-time basis, of the full or non-compliance with the statutory form of the request, that the applicant needs to be filled and that the applicant shall be admitted after the applicant is completed;

(iv) The application for compliance with the conditions of admissibility should be made in writing;

(v) Applications that are not in accordance with the conditions of admissibility should be made in a written decision that is inadmissible and justifying the reasons.

Article 29 governs the conduct of administrative law enforcement by law, such as inspection, investigation, evidence, interrogation, etc., and should inform a one-time of the main elements, grounds, grounds, procedures and their statements, pleas, requests for circumventation.

Article 33 Law enforcement officials shall not be less than two persons under the law, present effective administrative law enforcement documents and document them in the law enforcement records; and not produce effective administrative law enforcement documents, and the administration is entitled to reject them.

Article 31: The executive law enforcement body shall register the following sources of cases:

(i) Examination of what has been found in accordance with its mandate;

(ii) Complaints, reports by citizens, legal persons or other organizations;

(iii) Transfers by other organs;

(iv) Be discovered by law through other means.

Article 32 should be reviewed by administrative law enforcement authorities and dealt with by:

(i) The decision of the law on whether the case has been made following a review of the sources found pursuant to the mandate;

(ii) After the verification of a complaint by a citizen, a legal person or other organization of a source of information or transfer by other organs, a decision is taken by law and is informed of the results.

Article 33, the administrative law enforcement body may be registered in accordance with the law in cases where the alleged violation is found in law enforcement inspections and the evidence may be lost or otherwise difficult to obtain evidence.

Article 34, when administrative law enforcement authorities investigate evidence, should be lawful, comprehensive, objective and impartial.

The collection of evidence by means of violence, coercion, temptation and fraud is prohibited and no evidence can be forged. Evidence obtained by illegal means cannot be used as a basis for determining the facts of the case.

Evidence based on administrative law enforcement decisions should be valid.

The administrative law enforcement authorities should review the facts, rationales and evidence presented by the relative executive; the reasons for non-application should be justified.

Article 16 should be registered and kept in good custody by administrative law enforcement authorities for evidence, material, goods, etc. provided by the relative administration. Evidence concerning State secret, commercial secret and personal privacy should be confidential.

Article 337 imposes the burden of proof on administrative law enforcement by administrative law enforcement authorities.

In one of the following cases, administrative law enforcement officials should take the initiative to avoid a waiver and the relative authority of the administration to apply for the avoidance of:

(i) Near relatives of the parties or parties in the present case;

(ii) Individuals or their close relatives have a stake in this case;

(iii) A witness or an expert in the present case;

(iv) Other relations with the present case may affect the fair handling of cases.

Article 39 provides that the administrative law enforcement authorities make a request for evasion against the relative administration and that the administrative law enforcement authorities should record the case. The decision to avoid and the reasons for it was taken within three working days from the date of receipt of a waiver.

The evasion of administrative law enforcement officials is determined by the heads of administrative law enforcement agencies. The heads of executive law enforcement agencies are required to avoid as law enforcement officials and are determined by their executive organs.

Article 40 Until a decision of evasion was taken by administrative law enforcement agencies, administrative law enforcement officials who had been denied immunity did not cease to discharge their statutory duties.

Article 40. Legal, regulatory and regulatory provisions should be heard, and administrative law enforcement authorities should organize hearings in accordance with the law. Administrative law enforcement decisions taken without a hearing procedure should be organized, with the exception of the right to be abandoned by a relative administrative officer.

Article 42

(i) In the statutory period of hearings, notification of the time and place for the administration to hold hearings;

(ii) In addition to national secrets, commercial secrets or personal privacy, hearings should be held in public;

(iii) The hearing should be carried out by a system of avoidance;

(iv) Designation of staff who have not been involved in this administrative law enforcement investigation, review activities as moderator;

(v) The hearings should be produced and the hearings should be made available to the participants to check the authentication of the late signature or chapter.

Article 43 Decisions taken by administrative law enforcement agencies that affect the relative rights or obligations of the administration should be communicated in writing to their remedies and deadlines. In exceptional cases, oral briefings should be made.

Article 44 states that administrative law enforcement authorities shall be subject to public law enforcement, law enforcement procedures and the results of the handling of cases in accordance with the law.

Major administrative law enforcement decisions should be reviewed by the legitimacy of the principal rule of law bodies, with collective research decisions of the executive law enforcement agencies.

Article 46 shall not be subject to statutory and statutory procedures, and the administrative law enforcement organs shall not revoke, modify administrative law enforcement decisions that have entered into force; and, for the benefit of the State, the public interest or other statutory matters, shall be subject to statutory authority and procedures and compensate the loss of property resulting from the administration.

Article 47 provides for a period of administrative law enforcement, legislation, regulations and regulations, and administrative law enforcement authorities shall be closed within the statutory period.

Article 48 provides for administrative law enforcement decisions by administrative law enforcement authorities, which should be sent directly to the executive branch, and should not be sent directly and in accordance with civil procedure law provisions.

Article 49 provides that the laws, regulations and regulations are otherwise provided for administrative law enforcement procedures.

Chapter IV Administrative law enforcement instruments

Article 50 should be based on laws, regulations, regulations and regulations, to develop a model of administrative law enforcement instruments that are uniformly applicable in the system, and to be used by senior executive law enforcement agencies.

Article 50 should be uniformed in the form of an executive law enforcement instrument, which is legitimate and clearly stated that the terms are regulated.

Article 52 provides that the types and documentation of administrative law enforcement instruments should be fully and comprehensive and reflective of administrative law enforcement.

Article 53, Administrative law enforcement instruments should be subject to note No. , which corresponds to the real situation of administrative law enforcement.

The columns established by the administrative law enforcement instruments should be filled on a case-by-case basis and should not be lost; there should be no need to be completed, and should be filled on the line.

The basis cited in Article 54 of the administrative law enforcement instruments should be complete and must be referred to as specific elements and should be cited in articles, paragraphs, subparagraphs and indicators.

Article 55 of the administrative law enforcement instruments should be erroneously written and should be corrected and confirmed by the change section in Gégué, or by law enforcement officials, that it is subject to confirmation by the relative administrative authority and that it should be signed, gaging or by reference.

Article 56, when administrative law enforcement officers perform the law enforcement proceedings, requires the refusal of the relative signature of the administration and should be noted.

The evidence used in administrative law enforcement instruments should be the original and the use of the photocopy should be confirmed by the contractor after verification.

Article 57 Administrative law enforcement instruments should be added to the chapter of the executive law enforcement organs or to the special chapter. It should be clear and enduring.

Article 58 adds chapter to the gaps in administrative law enforcement instruments, and introduces complaints, registration, numbers, limits, reporting systems. Administrative law enforcement agencies should follow up on the use of the post-Gha chapter law enforcement instruments.

Instruments contained in administrative law enforcement volumes should be fully complete, non-renewable or redundant, and be replicable, fixed and accessible.

Article sixtieth administrative law enforcement files should be pre-empted in accordance with administrative law enforcement decisions, and the remaining instruments should be set aside in the order of time and set the floor.

The administrative law enforcement case files should produce seals, inventories and checklists.

Article sixtieth stipulates that administrative law enforcement agencies should be able to file administrative law enforcement instruments in a timely manner. Evidence that cannot be accompanied by an instrument should be removed from the evidence kits and file. The administrative law enforcement case should be vol. I, and the special case may be issued by the Deputy. The instrument should not be accompanied by changes in additions or deletions.

Chapter V

Article 62, the Government of the city, the city, the district, and the people should strengthen the leadership of the administration of law enforcement oversight and establish a robust administrative enforcement oversight system.

Article 63 governs administrative law enforcement oversight in the current administrative region by the authorities of the commune, district and territorial governments.

The authorities of the municipalities, districts (markets, districts) that are members of the Government are responsible for the specific work of the system's administrative enforcement oversight.

The authorities in the municipalities, districts (markets, districts) monitor, audit, communes and finance the administration of justice in accordance with their respective responsibilities.

Article 64 Main elements of administrative law enforcement oversight:

(i) Implementation of laws, regulations and regulations;

(ii) The performance of their duties under the law;

(iii) The legitimacy of the subject matter of administrative law enforcement;

(iv) The administration of justice by law;

(v) The qualifications of administrative law enforcement personnel and the evidence-based induction, the vetting of law enforcement;

(vi) The legitimacy of specific administrative acts, such as administrative sanctions, administrative licences, administrative enforcement, administrative levy, and the reasonableness of administrative discretion;

(vii) Status and treatment of major administrative penalties;

(viii) Implementation of administrative approval;

(ix) Administrative law enforcement reports, processing of complaints cases;

(x) Administrative review and administrative proceedings;

(xi) The management, disposition of the proceeds of crime, the income and expenditure line and the imposition of the property;

(xii) Implementation of administrative law enforcement responsibilities and review of the appraisal system;

(xiii) Accountability for administrative law enforcement errors.

Article 65 Main modalities for administrative law enforcement oversight:

(i) Conduct administrative enforcement oversight inspections;

(ii) Receive the examination of relevant files, documents or information;

(iii) Conduct an examination of administrative law enforcement and administrative law enforcement officials;

(iv) To collect information electronically;

(v) To receive and address complaints and reports of administrative law enforcement;

(vi) Organizational investigations or inspections.

In the course of administrative law enforcement oversight, article XVI found that administrative law enforcement was in conflict with or inappropriate, and was issued by the rule of law institutions at all levels of the people's Government to the relevant administrative law enforcement agencies in accordance with different circumstances.

The executive law enforcement agencies that have received proposals for administrative law enforcement oversight, letters of administrative law enforcement oversight, administrative law enforcement oversight decisions, shall report to the public rule of law bodies that have issued proposals, letters of credit and decisions within the prescribed time frame.

Article 67, the State's rule of law institutions should record administrative law enforcement offences and document violations as a basis for annual objective responsibility.

Article 68 Governments at all levels should recognize administrative law enforcement agencies or administrative law enforcement officials who make a significant contribution in administrative law enforcement activities.

Chapter VI Accountability

Article 69, in violation of this norm by executive law enforcement agencies and their administrative law enforcement officials, shall be dealt with in accordance with the following modalities:

(i) An immediate remedy or a change of time;

(ii) To impose a statutory responsibility;

(iii) criticized;

(iv) To suspend or recommend the release of administrative law enforcement documents and to receive rehabilitation, training, vetting;

(v) Recommend that administrative law enforcement be redeployed;

(vi) To call the Government of the people at this level or the competent authority to withdraw the violation of the administration;

(vii) It is recommended that the organ with the executive disposition of the responsible person.

Article 76 is one of the following acts by executive law enforcement agencies and their administrative law enforcement personnel, and is governed by the law by the competent organs, such as inspection.

(i) Interference, obstruction, rejection of administrative law enforcement oversight by executive law enforcement authorities;

(ii) Reports, cases of complaints are recognized as violations by law;

(iii) The case is cancelled and changed by the administrative review body or by the trial authority;

(iv) Administrative law enforcement does not constitute a serious negative impact;

(v) To conceal facts, false evidence or conceal and destroy law enforcement evidence in order to be private;

(vi) Other cases provided for by law, regulations and regulations.

Article 76, Administrative law enforcement and administrative law enforcement officials violate the legitimate rights and interests of citizens, legal persons or other organizations in administrative law enforcement activities and shall be compensated by law.

When administrative law enforcement agencies fulfil their obligation to pay compensation, they should be responsible for administrative law enforcement officers who are deliberately or have suffered significant negligence and for part or all compensation costs.

Article 72, Administrative law enforcement agencies and their staff abuse their duties, in favour of private fraud, insecure, corruption, are subject to administrative responsibility under the law, and in the form of a crime, are held accountable under the law.

Article 73 Civil, legal or other organizations consider that administrative law enforcement agencies and their administrative law enforcement officials violate their legitimate rights and interests in law enforcement, may apply for administrative review or administrative proceedings in accordance with the law.

Chapter VII

Article 76 quater should establish specific administrative law enforcement norms in accordance with this norm and report on the status of the law of the Government of the people at this level.

Article 75