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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376503.shtml

Implementation measures for the administrative enforcement of the fault responsibility investigation in Shijiazhuang city (January 4, 2012 Shijiazhuang city 12th session Government 61st times Executive Conference considered through April 28, 2012 Shijiazhuang City Government makes 179th, announced since June 1, 2012 up purposes) first article for specification administrative law enforcement fault responsibility held behavior, prevention and corrected administrative law enforcement fault, protection citizens, and corporate or other organization of lawful rights and interests of, promote law administrative, according to about legal, and regulations and Hebei province administrative law enforcement fault responsibility held approach of provides,

    This municipality actually, these measures are formulated.

    Article imposed on administrative law enforcement organs and their personnel responsibility, investigate and deal with the application of this approach.

    Article III administrative enforcement of the fault responsibility investigation should clear facts and evidence, characterization is accurate, appropriate, process and complete the procedures. Fourth of municipal or County (City) district people's Government the unified leadership of fault responsibility investigation of administrative enforcement work within their respective administrative areas.

    Fault responsibility investigation into administrative enforcement of the level of Government Administration evaluation.

    Fifth of municipal legal Affairs Office is responsible for the municipality belongs to the administrative law-enforcement agencies and County (City) district people's Government and the administrative enforcement of the fault responsibility investigation of his Department.

    The County (City) of rule of law institutions responsible for the level of government administrative departments and township and the Office of administrative law enforcement fault responsibility investigation.

    Municipal administrative law-enforcement agencies are responsible for the counties (cities) and districts administrative fault responsibility investigation of administrative enforcement of law enforcement agencies, administrative law-enforcement agencies legal working body responsible for specific tasks.

    People Club, monitoring and other relevant departments to assist related work.

    Impose administrative penalties in the sixth article of the following acts shall be investigated for administrative enforcement of liability:

    (A) there is no statutory administrative penalty basis;

    (B) the changed legal types of administrative penalty, without authorization;

    (C) the violation of the legal procedure of administrative penalty;

    (D) the law delegates the implementation of administrative punishments;

    (V) not in accordance with the regulations issued by the administrative punishment instrument and provincial printed receipt of administrative penalty;

    (Vi) not perfect management responsibilities, illegal use, damage to or loss of seized property;

    (G) cases suspected of offences, it shall be transferred to judicial organs for handling rather than surrender;

    (H) it shall be stopped, correct offences and punishment does not stop, correct and punish according to law;

    (I) the obviously unfair fines and other penalties;

    (10) other acts of unlawful imposition of administrative penalty.

    Article seventh implementation of administrative license, the administrative approval process in the following acts shall be investigated for administrative enforcement of liability:

    (A) to comply with the statutory conditions of application as inadmissible;

    (B) the complete application materials are submitted by the applicant, is not in compliance with the statutory form, does not inform the applicant must correct everything at once;

    (C) an applicant who does not meet the statutory requirements to grant permission, approval or beyond the legal authority to grant permission, approval decision;

    (D) an applicant who meets the statutory requirements are not licensed, approved or is not made within the statutory time limit granted permission, approval decision;

    (E) receive, review, decision process, without giving the applicant or interested party to comply with a statutory obligation, or have not been given instructions not to accept the application or not licensed, approved reasons; (vi) the hearing shall be held according to law or held shall take the initiative to hold a hearing without a hearing;

    (VII) that shall be according to the bidding, auction results or test scores merit decision approving an administrative license is made, approved, without bidding, auction or exam, or according to the bidding, auction result, test scores merit making decision on approving an administrative licensing, approved;

    (H) the unauthorized charges or not in accordance with the statutory projects and standards;

    (IX) illegal creation, add, change and continuity, dissolution or cessation of administrative license, the administrative examination and approval;

    (10) other acts of unlawful implementation of administrative license, the administrative examination and approval.

    Article eighth administrative confirmation process in the following acts shall be investigated for administrative law enforcement responsibility for mistakes:

    (A) no statutory authority or ultra vires administrative confirmation of terms of reference implementation;

    (B) without statutory basis in fact or administrative confirmation of violation of legal proceedings;

    (C) the offence to others, disclosure in administrative confirmation process was informed of the administrative relative person's privacy or trade secrets;

    (D) other violations of provisions implementing administrative acknowledged.

    Nineth compulsory administrative measures in the process of implementation of the following acts shall be investigated for administrative law enforcement responsibility for mistakes:

    (A) without statutory basis, the legal authority to take administrative enforcement measures;

    (B) the violation of legal procedures to take administrative enforcement measures;

    (C) illegal restriction of personal freedom;

    (D) illegally seal up, distrain, freeze administrative property;

    (E) other violations of provisions of compulsory administrative measures.

    Article tenth of administrative inspection of the following acts shall be investigated for administrative enforcement of liability:

    (A) failure to produce a valid qualification documents to inspect;

    (B) not according to the statutory procedures, the authority, the time limit to implement inspection;

    (C) give up, prevarication, procrastination, refusal to perform inspection duties;

    (Iv) for violations found during the inspection to be concealing, harboring and shielding and conniving, or action to stop or correct;

    (E) on the implementation of the inspection of enterprises without approval;

    (Vi) other violations of the provisions of the administrative checks.

    Article 11th Executive compensation in the course of the following acts shall be investigated for administrative law enforcement responsibility for mistakes:

    (A) administrative compensation for eligible applications should be accepted and not accepted by;

    (B) fails to qualify for compensation;

    (C) not complying with the provisions of standard compensation;

    (D) shall not be granted compensation for damages;

    (E) other acts of violation of the provisions of the administrative compensation.

    12th in violation of Government information disclosure procedures, permissions, or found to be illegal, should be investigated for administrative law enforcement responsibility.

    13th administrative type as follows:

    (A) the commandments conversation;

    (B) notice of criticism;

    (C) order the written examination;

    (D) shall be ordered to correct or rectify;

    (E) withholding certificate of administrative law enforcement, post training;

    (F) revocation of administrative law enforcement documents;

    (VII) transferred from the administrative law enforcement jobs;

    (H) Cancel when selecting the best evaluation of qualifications;

    (I) dismissal;

    (J) the laws, regulations and other forms of administrative regulations. 14th administrative law enforcement found in violation of these rules or reporting by the parties, the news media exposure, administrative accountability of law enforcement organs should be accepted.

    Determine cases filed or not filed shall be served on the parties in the 15th filed or not filed notice. 15th investigation investigator of two people and should produce a certificate of administrative law enforcement supervision and inspection, record, write investigation reports, investigative bodies and law enforcement officials should help. Investigations can access, copy the relevant files and material evidence, evidence preservation can be taken when necessary.

    Case investigation and case-related personnel should be avoided. 16th review shall, from the date of filing the case reviewed in the 30th over, and responsibility.

    Complex, approved by the heads of the fault responsibility investigation of administrative law enforcement organs, may extend the review period, extension of time shall not exceed 20th. 17th article in connection with the liability of administrative enforcement bodies and persons can receive notice of filing to the accountability within the 15th body representation and to defend themselves.

    Accountability should be based on facts, evidence, reasons put to him, reviews may not plead aggravated responsibility. Article 18th administrative enforcement of those liability, shall draw up a certificate of administrative law enforcement liability, stamped with the seal of the fault responsibility investigation of administrative law enforcement organs, administrative liability shall be communicated within the 7th organ.

    Of the administrative law enforcement certificate of liability shall include the following:

    (A) the origin and basic facts of the case;

    (B) the nature, circumstances and facts of the case, harm;

    (C) the reasons for deciding whether or not to take administrative enforcement of liability;

    (D) the recommendation of the personnel Division of responsibilities and accountability;

    (E) the correct administrative law enforcement mistakes, elimination of harmful consequences of proposals. Article 19th executive law enforcement fault liability should be the Chief shall make a decision of administrative handling of book, stamped with the seal of the administrative authorities, in the Declaration or notification comes into effect, 5th Executive authority and liability of fault liability in person.

    The administrative written decision shall set out the following matters:

    (A) the person's name, company, job title;

    (B) the facts and evidence in administrative enforcement of liability;

    (C) administrative processing type and the basis;

    (D) refuses to accept a decision of administrative handling of relief and time limits;

    (E) make an administrative organ and the date of the decision. 20th after administrative law enforcement fault liability, shall be given administrative sanctions or give position adjustment, the fault responsibility investigation of administrative law enforcement organs should be made of the sanctions proposal, with the sanction recommendations made by the seal of the authority, and should reach the fault liability in the 7th.

    The sanction proposal should contain the following items:

    (A) the person's name, company, job title;

    (B) the facts and evidence in administrative enforcement of liability;

    (C) administrative sanctions or give position adjustment recommendations;

    (D) the authority to make recommendations and dates.

    Article 21st fault responsibility investigation of administrative law enforcement organs should be made on the certificate of administrative liability, the administrative process of decision, copies of the sanction proposal and related materials, and transferred to the relevant people in the 7th, supervision or authority that has jurisdiction.
22nd municipal people's Government to change or revoke a civil administrative law enforcement agencies and County (City) district people's Government and the administrative law-enforcement organs of administrative acts.

    Municipal legal Affairs Office to order a civil administrative law-enforcement agencies and County (City) district people's Government and is a member of the administrative law enforcement organs to correct administrative action.

    Directly under administrative law enforcement organs according to law to order the County (City) district administrative law enforcement organs to correct, change or revoke administrative acts.

    The County (City) district people's Government to change or annul administrative law-enforcement organs or Township and administrative action of the Office.

    The County (City) rule of law institutions according to law shall be ordered to correct the County (City) District belongs to the administrative law-enforcement agencies and township and town, the administrative action of the Office.

    Article 23rd administrative law enforcement responsibility liability for fault rectification, period correct decision, notice or order the administrative deadlines to correct violations committed by law enforcement agencies; the law amendment or cancellation of illegal administrative acts of law enforcement should be made on the notice of administrative law enforcement supervision or the written decision of administrative law enforcement supervision.

    The notice of administrative law enforcement supervision, administrative law enforcement supervision of decision making authority within the 3rd direct service be held liable for administrative law enforcement organs, held after receiving instruments, administrative law enforcement organs should be written in the 5th implementation report.

    24th article administrative law enforcement fault responsibility people refuses to administrative law enforcement fault responsibility finds, or refuses to administrative processing decided of, can since responsibility finds results or processing decided of day up 15th within to original processing organ application review, review decided should in 15th within made; on review results refuses to of, can since received review decided of day up 15th within to original processing organ of Shang a level organ proposed complaints, also can not by review, since know responsibility finds results or processing decided of day up 30th within directly proposed complaints. During the review and appeals, and do not stop execution of the decision.

    Accepting applications for review and it deems it necessary to suspend, execution stops.

    Not satisfied with the decision of the administrative law enforcement liability of administrative sanctions, in accordance with the relevant provisions of the regulation on the punishment of civil servants of the Executive to apply for a review or appeal.

    25th to carry fines of administrative law-enforcement agencies or organizations, cities, counties (cities), Hebei province to stop financial and legal institutions in accordance with the fees, fines, regulations and fines provided for in seventh, 16th, in accordance with their respective functions and is responsible for investigation. 26th article of the rules take effect on June 1, 2012.