Hefei, Provisions On The Administrative Law Enforcement Supervision

Original Language Title: 合肥市行政执法监督规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384556.shtml

Hefei, provisions on the administrative law enforcement supervision

    (November 19, 2012 people's Government of Hefei city, the 108th general meeting through November 28, 2012 164th promulgated by the people's Government of Hefei city as of January 1, 2013) Chapter I General provisions

    First in order to standardize the administrative enforcement actions, strengthened law enforcement and supervision, promoting administration according to law, maintain the legal rights and interests of citizens, legal persons and other organizations, in accordance with the administrative law enforcement supervision regulations of Anhui Province and the provisions of relevant laws and regulations, combined with the city's actual, these provisions are formulated. Provisions of this article apply to administrative law enforcement supervision within the administrative area of the city.

    All levels of people's Governments and subordinate administrative departments (including laws, regulations, mandates entrusted by law enforcement and law enforcement organizations, the same below) and the administrative law enforcement personnel shall abide by these provisions.

    The vertical management and dual management of administrative law enforcement departments of administrative law enforcement supervision activities to apply these provisions.

    Article III administrative law enforcement supervision in these rules refers to higher people's Governments to lower people's Governments, people's Governments at all levels to their administrative departments (containing the location of the vertical management and dual management of administrative law-enforcement departments at the same level, the same below) and the administrative law enforcement personnel, higher administrative law-enforcement departments to subordinate administrative departments and the administrative supervision of the administrative enforcement of law enforcement personnel.

    Fourth municipal people's Government legal agencies in charge of the city administrative law enforcement supervision work, under the leadership of the Municipal Government is responsible for the city's administrative law enforcement supervision and guidance.

    The County (City) district people's Government legal agencies and departments legal institutions at the same level people's Government, under the leadership of the Department responsible for the Administration, within the system of administrative law enforcement supervision work.

    Monitoring, auditing, finance and other departments of special supervision in accordance with the relevant legal provisions and regulations.

    Fifth administrative law enforcement supervision work should follow the law and the principles of objectivity, impartiality, openness, and mistakes must be corrected, combined exercise guidance and supervision, education combined with punishment, and improvement of supervision and inspection work together.

    Sixth administrative law enforcement supervision requirements included in the present local government budgets.

    Chapter II content of the administrative law enforcement supervision

    Seventh administrative law enforcement supervision include:

    (A) laws and regulations, implementation of regulations and regulatory documents;

    (B) the administrative law-enforcement departments have the qualification, the principal administrative legality of law enforcement;

    (C) administrative law enforcement officers qualified legitimacy as well as certified, bright law enforcement;

    (D) development of normative documents and filing work and after the implementation of normative documents tracking performance, cleanup and assessment;

    (E) the implementation of administrative punishments, administrative license, the administrative levy, executive pay, administrative confirmations, administrative decisions, administrative enforcement, disallowed administrative approval and other specific administrative act legality and appropriateness;

    (F) ensure funding for staffing and administrative enforcement of administrative enforcement;

    (G) execution of penalty payment of separation, two lines of income and expenditure and the management and disposal of confiscated property;

    (H) implementation of the decisions of administrative reconsideration;

    (IX) administrative enforcement dispute between administrative law enforcement departments coordinated implementation;

    (10) administrative law enforcement, reporting cases, media reported illegal law enforcement's handling of the case;

    (11) the liability of administrative law enforcement accountability;

    (12) the laws, regulations and other rules and regulations need to be monitored.

    Article eighth administrative law enforcement supervision can be carried out in the following ways:

    (A) review and confirmation of administrative law enforcement entity;

    (B) carry out administrative examination and administrative law enforcement and inspection;

    (C) evaluation of the implementation of the responsibility system for administrative law enforcement;

    (D) listen to the lower level people's Governments and administrative law-enforcement departments of administrative law enforcement reports;

    (V) filing reviews major administrative penalties, major administrative enforcement cases;

    (Vi) administrative law-enforcement departments the implementation of administrative licensing licensing matters, based on the duration, costs, conditions, procedures, and other relevant content for the record;

    (G) receiving and handling administrative reconsideration cases;

    (VIII) misjudged administrative law enforcement accountability;

    (I) investigation and handling administrative cases of complaints or information;

    (10) administrative documents and supervise the use of administrative law enforcement supervision documents management;

    (11) the legal knowledge of administrative law enforcement personnel testing;

    (12) coordinate the administrative dispute;

    (13) the supervision and inspection of administrative mediation work;

    (14) record review of regulatory documents and the supervision and examination of normative documents record.

    Nineth levels of legislative affairs agency or Department legal institution of supervision within the administrative law-enforcement departments and administrative law enforcement for law enforcement personnel, authority to make the following:

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

    (B) be ordered to perform their statutory duties;

    (C) recognized the offence;

    (D) notice of criticism;

    (E) withholding certificate of administrative law enforcement and inform the certified personnel unit;

    (F) the attention of the issuing authority shall revoke the certificates;

    (VII) drew attention to the relevant organs of the people's Governments at the same level or cancellation of the law enforcement Act;

    (H) recommends that the authority responsible for personnel has the right to sanction sanctions;

    (IX) a suspected crime, transferred to the judicial organs according to law, be investigated for criminal liability

    (J) the laws, regulations and other measures provided for in regulation.

    Chapter III procedures for administrative law enforcement supervision

    Tenth of municipal or County (City) area Legislative Affairs Agency in the performance of administrative law enforcement supervision duties, can be issued to the relevant administrative law enforcement departments of the administrative law enforcement supervision.

    The administrative law enforcement supervision should be stamped with the Special seal for the people's Governments at the corresponding level of administrative law enforcement supervision.

    Article 11th administrative law enforcement departments of the administrative law enforcement supervision, supervision should be strictly in accordance with the content of the book, and issued to the supervision authority within the period specified in the written report.

    12th of municipal or County (City) area Legislative Affairs Agency and administrative enforcement legal institutions of administrative law enforcement supervision work, you can take the following measures:

    (A) access to relevant administrative law enforcement files, documents or information;

    (Ii) asked the administrative law-enforcement departments of administrative law enforcement personnel or associated personnel;

    (C) asking about the citizens, legal persons or other organizations;

    (D) take an identification, assessment, testing, inspection, and relevant State organs, experts and advisory, organizational measures such as hearing;

    (E) may take other supervisory measures according to law. 13th administrative law enforcement supervision staff shall obtain a qualification of administrative law enforcement supervision, performance of their duties, shall be not less than two and show the supervision of law enforcement documents.

    Administration and supervision of law enforcement personnel have the right to stop or correct illegal or improper acts of administrative enforcement, suggestions and comments.

    14th administrative law enforcement and administration of administrative law enforcement personnel shall cooperate with the law enforcement and supervision work, accept supervision and inspection, improper and illegal, should be corrected in accordance with the requirements of administrative law enforcement, administrative and law enforcement.

    15th under any of the following circumstances, administrative law enforcement supervision agency shall organize the hearing:

    (A) administrative supervision according to law enforcement and supervision agency of hearing;

    (B) administrative or interested persons to request a hearing and the written application and administrative law enforcement supervision agencies considered it necessary.

    16th administrative law enforcement supervision activities, administration and supervision of law enforcement personnel have one of the following should be avoided:

    (A) is a party or a close relative of;

    (B) I or my near relative has an interest;

    (C) other relationships with the parties, may affect the impartiality of monitoring.

    Withdrawal of the Administration and supervision of law enforcement personnel, by the exercise of the right of administrative law enforcement supervision decided, Director of legislative affairs agency or Department.

    The fourth chapter legal liability

    17th administrative law-enforcement departments have one of the following, by the people's Governments at the corresponding level or by the administrative law-enforcement departments a rectification, and criticized serious cases, principals and persons responsible for administrative liability of those:

    (A) does not have the qualification of administrative law enforcement in administrative law enforcement activities;

    (B) illegal publishing normative documents and the specific administrative act unlawful;

    (C) without imposing administrative penalties, or administrative enforcement and implementation of administrative licensing;

    (D) should be submitted to the record-keeping of documents, decisions, matters are not required to submit for the record;

    (E) designate does not have legal qualifications for administrative law enforcement or administrative supervision over law enforcement;

    (F) the specific administrative act has no legal basis or are based on an error of fact;

    (VII) terms, abuse of authority or fails to perform the statutory duties beyond law enforcement;

    (VIII) other circumstances that should be held responsible.

    Administrative law enforcement personnel in violation of the provisions of article 18th, any of the following circumstances, by the city and County (City) district people's Government legal agencies temporarily suspended its administrative law enforcement in serious, drew attention to the certification authority shall revoke the certificate of administrative law enforcement and given administrative sanctions by the relevant organs:

    (A) does not comply with the statutory duty or abuse of power, bending;

    (B) serious violations of the legitimate rights and interests of the parties;

    (C) other illegal breach of supervision do not change.

    19th administrative law enforcement and its staff shall refuse, obstruct administrative law enforcement supervision or refusal to implement the decisions of the administrative law enforcement supervision organ dealing with by the supervisory authority or by the administrative law-enforcement departments related persons shall be given an administrative sanction.

    20th on oversight matters to deal with any objection, interested parties can receive treatment in the 15th, to make a decision on supervision of law enforcement agencies to apply for review.

    Article 21st administrative law enforcement supervisory staff to any of the following circumstances shall be given administrative sanctions:

    (A) administrative law enforcement supervision does not perform its duties;

    (B) use of administrative law enforcement surveillance powers for personal gain;

    (C) the abuse of executive power of supervision;
(D) other acts of misfeasance, malfeasance.

    The fifth chapter by-laws 22nd article of the regulations come into force on January 1, 2013, municipal people's Government of Hefei city, released on October 29, 2004 the administrative supervision regulations (municipal people's Government, the 111th) repealed simultaneously.