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Hefei, Provisions On The Administrative Law Enforcement Supervision

Original Language Title: 合肥市行政执法监督规定

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Administrative enforcement oversight provisions of fertilization

(Health meeting of the Government of the fertilities of 19 November 2012 for the consideration of the adoption of Decree No. 164 of 28 November 2012 by the Government of the fertilized fertilities, which came into force on 1 January 2013)

Chapter I General

Article 1, in order to regulate administrative law enforcement, strengthen administrative law enforcement oversight, promote the legal administration of the law, protect the legitimate rights and interests of citizens, legal persons and other organizations, and establish this provision in conjunction with the provisions of the Regulations on Administrative Law Enforcement in the Argué province and relevant legal texts.

Article 2 All levels of the Government of the people and the competent executive law enforcement services (laws, legislation authorizing law enforcement and the organization entrusted with law enforcement under the law), and their administrative law enforcement officials should comply with this provision.

Administrative law enforcement oversight activities in the administration of vertical management and dual management are applicable.

Article 3 provides for administrative law enforcement oversight, which refers to the supervision of the Government of the superior population, the Government of the people at all levels of the executive branch of the executive branch, which includes vertical management and dual management, with the same level of administrative law enforcement, and its executive law enforcement officials, the superior administrative law enforcement authorities oversee administrative law enforcement activities in the lower administration and its administrative law enforcement agencies.

Article IV is governed by the executive law supervision of the commune authorities of the commune government and is responsible for monitoring and mentoring the administration of justice throughout the city, under the leadership of the commune.

In the district (market) people's rule of law institutions and sectoral rule of law institutions are responsible for administrative law enforcement oversight in the current administration region, under the leadership of the Government of the people at this level.

Special oversight in the areas of inspection, audit and finance is carried out in accordance with the relevant legislation, regulations.

Article 5 Administrative law enforcement oversight should be guided by the principles of law, objectivity, justice, openness and integrity, the combination of guidance and oversight, education and punishment, and the combination of inspection and improvement.

The requirements for administrative law enforcement oversight are included in the current Government's financial budget.

Chapter II

Article 7.

(i) Implementation of laws, regulations, regulations and normative documents;

(ii) The legality of the executive law enforcement authorities in terms of their principal qualifications and the commission of administrative law enforcement;

(iii) The legitimacy of the law enforcement qualifications of administrative law enforcement officials, as well as the evidence-based induction, the vetting of law enforcement;

(iv) The development and documentation of normative documents and the follow-up, clean-up and subsequent assessment of the implementation of normative documents;

(v) The legitimacy and appropriateness of specific administrative acts, such as administrative penalties, administrative licences, administrative fees, administrative payments, administrative recognition, administrative decisions, administrative enforcement, non-licensor category administrative approval;

(vi) The availability of administrative law enforcement personnel and security of administrative law enforcement funds;

(vii) Execution of the separation, implementation of the two lines of income and expenditure and the management, disposal of the immunized property;

(viii) Implementation of administrative review decisions;

(ix) Implementation of administrative law enforcement dispute coordination among the administrative law enforcement authorities;

(x) Administrative law enforcement complaints, reporting cases, media coverage of law enforcement matters;

(xi) Accountability for administrative law enforcement;

(xii) Other matters requiring oversight under laws, regulations and regulations.

Article 8

(i) Review, recognize the qualifications of the executive law enforcement subjects;

(ii) Implementation of judicial administrative evaluation and administrative enforcement inspections;

(iii) A review of the implementation of administrative law enforcement responsibilities;

(iv) Hearing the work of executive law enforcement in the lower-level people's Government and the administration of justice;

(v) A review of major administrative penalties and significant administrative coercive cases;

(vi) The application of the licence, basis, conditions, procedures, deadlines, costs, etc. of administrative law enforcement authorities;

(vii) To receive and hear administrative review cases;

(viii) Accountability for the implementation of administrative law enforcement errors;

(ix) To investigate cases of complaints and reports by the relative administration;

(x) Oversight of the use of administrative law enforcement documents and administrative law enforcement oversight documents;

(xi) Legal knowledge testing of administrative law enforcement personnel;

(xii) Coordination of administrative law enforcement disputes;

(xiii) Supervision of administrative mediation;

(xiv) Review of normative documents and oversight of the clearance of normative documents.

Article 9

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

(ii) To impose a statutory responsibility;

(iii) Recognition of violations;

(iv) To inform criticism;

(v) Removal of administrative law enforcement documents and notification of the presence of the licensee;

(vi) Removal of law enforcement documents by the issuing authority;

(vii) To call the Government of the people at this level or the authorities concerned to repeal violations of law enforcement;

(viii) Recommended administrative disposal of the responsible person by the organ with the right to administrative disposal;

(ix) The transfer of criminal responsibility by law to the judiciary;

(x) Other treatment measures provided for in laws, regulations and regulations.

Chapter III Procedures for administrative enforcement oversight

Article 10 The State's rule of law institutions in the city, the district (market) can issue administrative law enforcement inspections to the relevant administrative law enforcement authorities when they perform administrative law enforcement oversight duties.

The Administrative Law Enforcement Inspectorate should include a special chapter on executive law enforcement oversight by the Government of the people at this level.

Article 11. The administrative law enforcement services that have received the Administrative Law Enforcement Inspectorate should be strictly enforced in accordance with the contents of the inspector's letter and, within the prescribed time frame, issued a written report to the inspectorate.

Article 12

(i) Receiving relevant administrative law enforcement files, documents or information;

(ii) Inquired administrative law enforcement officials or relevant staff in the administrative law enforcement sector;

(iii) Inquired about citizens, legal persons or other organizations;

(iv) Applicate, assess, test, survey and, in accordance with the law, relevant bodies, expert opinions and advice, and organize measures such as hearings;

(v) Other oversight measures that may be taken by law.

Article 13 Administrative law enforcement supervisors should be eligible under the law for administrative law enforcement supervision, with no less than two individuals and a law enforcement oversight document. Administrative law enforcement monitors have the right to end and redress violations and inappropriate administrative law enforcement, making recommendations and observations.

Article 14. The executive law enforcement branch and its administrative law enforcement officials should cooperate with administrative law enforcement oversight, receive oversight and improve administrative law enforcement, in accordance with the requirement to correct violations and inappropriate administrative law enforcement.

In one of the following cases, administrative law enforcement oversight bodies should organize hearings:

(i) Administrative law enforcement oversight bodies consider that oversight matters require hearing;

(ii) The administration of the relative person or the stakeholder is required to be heard and submitted in writing and the administrative law enforcement oversight body considers necessary.

Article 16, Administrative law enforcement oversight activities, with one of the following cases, should be avoided:

(i) Near relatives of the parties or parties;

(ii) Relations with themselves or with their close relatives;

(iii) Other relations with the parties may affect impartial oversight.

The evasion of administrative law enforcement supervisors is determined by the authorities of the people exercising administrative law enforcement supervision.

Chapter IV Legal responsibility

Article 17 is one of the following cases in the administrative law enforcement branch, which is being converted by the Government of the current people or by the superior administrative law enforcement department, and may be informed of criticism; in the event of a serious administrative responsibility of the principal and the relevant responsible:

(i) There is no administrative law enforcement subject to qualifications;

(ii) The unlawful publication of normative documents and the violation of specific administrative acts;

(iii) To establish administrative penalties, administrative licences or administrative enforcement;

(iv) The documents, decisions, matters that should be sent to the request;

(v) The assignment of persons who do not have legal qualifications to conduct administrative enforcement or to conduct administrative enforcement oversight;

(vi) The specific administrative acts made are not legal or factual errors based;

(vii) Non-performance of statutory responsibilities, abuse of authority or transcend of law enforcement;

(viii) Other cases where accountability should be held.

Article 18

(i) Failure to perform statutory duties or abuse of powers and to favour private law;

(ii) Serious violations of the legitimate rights and interests of the parties;

(iii) There are other violations that are not subject to scrutiny.

Article 19 Administrative law enforcement authorities and their staff have refused, obstructed administrative law enforcement oversight or denied the enforcement of administrative law enforcement oversight decisions, which are governed by the law by the inspector or the superior administrative law enforcement authorities.

Article 20 objects to the results of the treatment of oversight matters, and the parties concerned may apply for review to law enforcement oversight bodies that have taken decisions within 15 days of receipt of the outcome.

Article 21, Administrative law enforcement supervisors have one of the following cases and are subject to administrative disposition by law:

(i) Execution of administrative law enforcement oversight functions by law;

(ii) Use of administrative law enforcement oversight functions for private gain;

(iii) Abuse of administrative law enforcement oversight functions;

(iv) There are other omissions and misconducts.

Chapter V

Article 22 states that, effective 1 January 2013, the Government of the commune of the city issued on 29 October 2004 the Regulation on Administrative Enforcement in the Metropolitan City (No. 111 of the People's Government Order No. 111).