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Implementation Measures For The Administrative Enforcement Of The Fault Responsibility Investigation In Shijiazhuang City

Original Language Title: 石家庄市行政执法过错责任追究实施办法

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(Adopted by Decree No. 179 of 28 April 2012 by the Government of the People's Republic of the Navy No. 179 of 4 January 2012)

Article 1 promotes the administration of justice in accordance with the provisions of the relevant laws, regulations and the responsibilities of administrative law enforcement in the northern province of the River, in the light of the actual practice of the city.

Article 2. Accountability, investigation and treatment of the application of this approach to administrative law enforcement and law enforcement officials.

Article 3. The responsibility for administrative law enforcement should be clear, substantiated, qualitative and appropriate, procedural legitimacy and integrity.

Article IV. The Government of the People's Republic of the city, the district (community) has been responsible for the administration of justice in the present administration. Administrative law enforcement has erroneous accountability to be included in the examination of the executive branch of the Government.

Article 5. The Office of the Municipal Rule of Law is responsible for erroneous administrative law enforcement by the executive law enforcement agencies and the district (market) authorities of the city's Government and their respective sectors.

Regional rule of law institutions are responsible for accountability for administrative law enforcement and commune, town and office administration.

The municipal administrative law enforcement agencies are responsible for the accountability of administrative law enforcement authorities in the district (market) area, and their executive law enforcement agencies are responsible for specific work.

The relevant sectors, such as WCSS, inspectorate, are assisting in relevant work.

Article 6.

(i) There is no statutory basis for administrative sanctions;

(ii) To change the types of statutory administrative penalties and the range;

(iii) Violations of statutory administrative penalties procedures;

(iv) The commission of administrative sanctions in violation;

(v) No administrative punishment receipts, which are provided for in the form of administrative sanctions instruments and administrative penalties for which the Ministry of Finance has been published;

(vi) Failure to properly manage responsibilities, unlawful use, destruction or loss of seized property;

(vii) In cases where the offence is suspected, it should be transferred to the judiciary without being transferred;

(viii) No offence punishable by law shall be brought to an end, redress and punishment;

(ix) Accelerating fines or imposing other penalties is fair;

(x) Other violations committed administrative penalties.

Article 7. The following acts in the implementation of administrative licences and administrative approval shall be held accountable for administrative law enforcement:

(i) Applications in compliance with the statutory conditions are inadmissible;

(ii) In cases where the applicant's submission is incomplete and incompatible with the statutory form, it is not always informed that the applicant must add all the content;

(iii) To grant licences, approvals or extensions to applicants who do not meet statutory conditions;

(iv) No licence, approval or approval of the decision shall be granted to the applicant in accordance with the statutory conditions;

(v) In the process of admissibility, review, decision-making, the applicant, the stakeholder did not fulfil his statutory notification obligations or did not provide the grounds for admissibility or non-licensication or approval in accordance with the law; and (vi) the holding of hearings in accordance with the law or the initiation of a hearing without a hearing;

(vii) In accordance with the law, the granting of administrative licences, approval decisions shall be made in accordance with tenders, auctions or examinations, without solicitation, auctions or examinations, or the granting of administrative licences and approval of decisions based on tenders, auctions, examination performance preferences;

(viii) Remuneration or non-approperation under statutory projects and standards;

(ix) Illegal creation, increase, change, continuation, withdrawal or cessation of administrative licences, administrative approval;

(x) Other violations of administrative licences and administrative approval.

Article 8.

(i) It is not possible to determine its mandate or to go beyond the application of administrative recognition;

(ii) Failure to determine the basis of the facts or to implement administrative recognition in violation of the statutory procedures;

(iii) Individual privacy or commercial secret of the administration known to others in the course of administrative recognition;

(iv) Other violations of the provisions of administrative recognition.

Article 9. The following acts in the course of implementing administrative coercive measures should be held accountable for administrative enforcement:

(i) Failure to adopt administrative coercive measures on the basis of the legislative authority;

(ii) Adoption of administrative coercive measures in violation of statutory procedures;

(iii) Contrary to personal liberty;

(iv) Execution, seizure and freezing of property relative to the administration;

(v) Other violations of the provision of administrative coercive measures.

Article 10: Execution of the following acts in administrative inspections shall be held accountable for administrative enforcement:

(i) No inspection of valid eligibility documents;

(ii) No inspection is carried out in accordance with statutory procedures, competences and time limits;

(iii) Denouncing, ferventing, delaying and refusing to perform inspection duties;

(iv) To conceal, provide shelter, care, condonment or to refrain from suppressing and correcting the offences identified in the examination;

(v) The inspection of enterprises without approval;

(vi) Other violations of the provisions of administrative inspections.

Article 11. The following acts in the implementation of administrative compensation shall be held accountable for administrative enforcement:

(i) The application for conditional administrative compensation shall be admissible and not admissible;

(ii) Advantaged compensation;

(iii) No standard compensation;

(iv) Compensation shall not be paid by law;

(v) Other violations committed administrative compensation.

Article 12. In violation of the procedures, competences or convictions of violations of public information, administrative law enforcement should be held accountable.

Article 13. Types of administrative treatment:

(i) To caution against statements;

(ii) To inform criticism;

(iii) A written inspection order;

(iv) Restructuring or transition period;

(v) Removal of administrative law enforcement documents and induction training;

(vi) Removal of administrative law enforcement documents;

(vii) Removal of administrative law enforcement positions;

(viii) Removal of prequalification for the year;

(ix) Removal;

(x) Other forms of administrative treatment under laws, regulations and regulations.

Article 14. In the course of implementing administrative law enforcement inspections, the executive law enforcement responsibility is to be admissible if it is found to be in violation of the provisions of this approach or the media reported by the parties. The determination of the case or the absence of a case shall be communicated to the parties within 15 days to the date of the communication or the letter of absence.

Article 15. The investigation of cases shall be carried out by two investigators and shall present administrative law enforcement inspection certificates, produce a record, write a investigation report and be assisted by the investigation agencies and their law enforcement officials. In case investigations, evidence may be obtained, replicated of the relevant volumes and materials, and if necessary. Persons associated with the case should be avoided when the case is investigated.

Article 16 review of cases should be completed within 30 days of the date of the submission and the determination of responsibility. The situation is complex and, with the approval of the executive law enforcement errone, the executive head can extend the period of review as appropriate, but the extension period should not exceed 20 days.

Article 17 Administrative law enforcement erroneous responsibilities and responsibilities involved in the case may make presentations and pleas to the responsible prosecution body within 15 days of receipt of the letter of communication. The responsible prosecution should conduct a review on the basis of the facts, evidence, grounds, and must not be held accountable for the defence.

Article 18 accountability for administrative law enforcement should be held, and a book of misresponsibilities for administrative law enforcement should be produced, plus a seal of administrative law enforcement erroneous accountability, which should be sent within 7 days to an administrative error responsibility authority. The responsibilities for administrative law enforcement should be determined by the following:

(i) Sources of cases and basic merits;

(ii) The facts, nature, circumstances and extent of social harm;

(iii) Determining whether administrative law enforcement was wrong;

(iv) Recommendations on the division of responsibility and accountability of the persons concerned;

(v) Recturing administrative law errors and eliminating the consequences.

Article 19, when the administrative law enforcement erroneously determines that it should be subject to administrative treatment, shall produce a letter of administrative processing, plus a copy of the executive handling decision body, which shall be sent within 5 days of the date of entry into force of the declaration or notice. The Administrative Disposal Decisions shall contain the following matters:

(i) The name, unit, place of the responsible person;

(ii) Facts and evidence that administrative law enforcement is responsible for error;

(iii) Type and basis for administrative processing;

(iv) Reimbursement and timelines for administrative processing decisions;

(v) organs and dates for administrative processing decisions.

Article 20, when administrative law enforcement was found to be wrongly responsible, should be disposed of or adjusted for their functions, and administrative law enforcement errants should produce proposals for administrative disposition, plus a copy of the executive recommendation authority and should be sent within 7 days to an administrative error responsibility authority. The Recommendations on Administrative Disposal should contain the following matters:

(i) The name, unit, place of the responsible person;

(ii) Facts and evidence that administrative law enforcement is responsible for error;

(iii) Recommendations for administrative disposition or for job adjustments;

(iv) The organs and dates of the recommendations.

Article 21, the organ responsible for administrative law enforcement should be transferred within 7 days to the relevant institutions, to monitor or have jurisdiction over the production of the erroneous responsibilities for administrative law enforcement, the administrative handling of decisions, the proposals for administrative disposition and the related investigative materials.

Article 2

The Office of the Municipal Rule of Law may be responsible for the administrative actions being taken by the immediate executive and district administration authorities and by the executive law enforcement agencies of the city.

The immediate executive branch of the city may be responsible for the change, modification or withdrawal of administrative acts by the people of the district (market) in accordance with the law.

The people of the district (market) may change or withdraw the administrative acts of the executive branch or commune, town, office.

Regional rule of law institutions in the district (market) may be responsible by law for the conversion of administrative law enforcement agencies and communes, townships and office administrations to the districts.

Article 23, when administrative law enforcement is held accountable to the executive organ for the change of the time limit for the wrongly responsible authority, the time limit for corrective decisions, the notification or the order of administrative law enforcement authorities to correct the offence; the notice of administrative law enforcement oversight or the administrative enforcement oversight decision shall be produced in accordance with the law.

The letter of administrative law enforcement oversight, the administrative law enforcement oversight decision, which was sent directly to the administrative law enforcement authorities in charge of being held within 3 days of the production authority, should be reported in writing within 5 days of receipt of the instrument.

Article 24 of the responsibilities of administrative law enforcement erroneously found that there was no responsibility for administrative law enforcement, or that there was no administrative decision to deal with the decision, which could apply for review to the competent organ concerned within 15 days of the date of the determination of responsibility or the disposition of the decision, which should be taken within 15 days; that the review of the non-consistency of the outcome of the review could be filed within 15 days of the date of receipt of the review decision, or that it would not be re-continued to know whether the results of the responsibility were determined or that a direct complaint was taken within 30 days of the decision.

The implementation of the decision was not stopped during the review and the appeals period. The bodies that receive review and application are of the view that implementation needs to be stopped and implementation can be stopped.

Administrative law enforcement erroneous decisions of the responsible person with respect to administrative disposition are not consistent and apply for review or appeal in accordance with the relevant provisions of the Civil Service Disposal Regulations of the Administration.

Article 25 provides for administrative law enforcement or organization that imposes fines, municipal, district (market), district finance, rule of law institutions, in accordance with Article 7 of the Northern Province of the River, forbidden charges, incest fines, incests, and in accordance with article 16 of their respective duties.

Article 26 This approach has been implemented since 1 June of 260.