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Changchun City, Administrative Law Enforcement Accountability Approach

Original Language Title: 长春市行政执法责任追究办法

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Administrative enforcement accountability in the city of spring

(The 50th ordinary meeting of the Government of the People's Republic of China, held on 16 May 2012, considered the adoption of the Decree No. 33 of 25 May 2012 by the Government of the People's Republic of China, which came into force on 1 July 2012.

Chapter I General

Article 1 protects the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the provisions of the State Department's Comprehensive Promotion of the Framework for the Administration of Law, the Administrative Law Enforcement Regulations of the Chilin Province, the accountability of administrative law errors in the province of Glin, and the Administrative Law Enforcement Monitoring of the Province of Glin.

Article 2. This approach applies to the accountability of the organs of the executive, legal and regulatory organs within the city, the organizations entrusted by the organization and the executive organs (hereinafter referred to as the executive law enforcement authority) and their staff in the administration of justice.

This approach refers to administrative law enforcement responsibilities as described by the executive law enforcement agencies and their staff in the administration of justice, which, in the course of administrative law enforcement, are responsible for violations of the law, inappropriate exercise of administrative law enforcement functions or failure to perform administrative law enforcement duties, resulting in a serious impact on the legitimate rights and interests of citizens, legal persons and other organizations and the public interest.

Article 3 accountability for administrative law enforcement should be guided by the principles of objectivity, impartiality, accountability, education and punishment.

Article IV. Harmonization of leadership and the organization of administrative law enforcement in the present administration area by the Government of the People's Republic of the Region.

The rule of law sector in the municipalities, districts and municipalities is responsible for the administration of justice within this administrative area.

The rule of law institutions of the executive branch are responsible for the administration of justice in the system, under the guidance of the Government of the People's Rule of Law in the city, the district (market).

Sectors such as inspection, human resources and social security should be held accountable for administrative law enforcement in accordance with their respective responsibilities.

Article 5 Civil, legal or other organizations believe that administrative law enforcement by administrative law enforcement organs is incompatible, inappropriate or administrative inadvertent, may be subject to a complaint, reporting, by law, to the competent Government's rule of law or to the rule of law organs of administrative law enforcement authorities.

Article 6. Administrative law enforcement agencies and their staff are entitled to make statements and raise the defence when they are held accountable for administrative law enforcement; accountability for administrative law enforcement is not uniform and are entitled to apply for review in accordance with the provisions of this approach.

Chapter II Scope of accountability for administrative law enforcement

Article 7. Administrative law enforcement authorities and their staff shall be held accountable for their administrative enforcement responsibilities:

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

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

(iii) Violations of statutory administrative penalties procedures;

(iv) No fine collection is carried out;

(v) Execution of administrative penalties against the use of fines, forfeiture of property documents or for the use of fines issued by illegal custom, forfeiture of property documents;

(vi) Remuneration, confiscation of proceeds of conflict or possession of property;

(vii) To request, receive the property of another person or to collect the fine, if any;

(viii) The transfer of criminal responsibility to the judiciary, in accordance with the law, in lieu of administrative penalties;

(ix) Other violations committed administrative penalties.

Article 8. Administrative law enforcement authorities and their staff shall be held accountable for their administrative enforcement responsibilities:

(i) There is no statutory basis for the application of administrative licences;

(ii) Applications for administrative licences that are in accordance with statutory conditions are inadmissible;

(iii) In the absence of office space to indicate the material that should be communicated by law;

(iv) The applicant's submission is incomplete and incompatible with the statutory form and does not always communicate to the applicant the full content that must be filled;

(v) No administrative licence application or grounds for administrative licence are provided by law;

(vi) To grant administrative licences to applicants who do not meet the statutory conditions or go beyond the statutory authority;

(vii) No administrative licence shall be granted to the applicant in accordance with the statutory conditions or for the granting of an administrative licence decision within the statutory period;

(viii) Execution of administrative licences in violation of statutory procedures;

(ix) Revenue or non-approperation under statutory projects and standards;

(x) In accordance with the law, the granting of administrative licence decisions based on tenders, auctions or examination performance preferences, without solicitation, auctions or examinations, or the granting of administrative licence decisions in accordance with tenders, auctions or examination performance preferences;

(xi) Other unlawful enforcement of administrative licences.

Article 9. Administrative law enforcement agencies and their staff shall be held accountable for their administrative enforcement responsibilities:

(i) There is no statutory basis for collection and forfeiture;

(ii) The law should be uncovered;

(iii) Exemptively established or increased collection, requisitioning projects, unauthorized changes in the scope, criteria, targets or deadlines;

(iv) The use of violence, threats or other unlawful means of forced and expropriation;

(v) Expropriation and requisition in violation of statutory procedures;

(vi) Corruption, misappropriation, private separation, interception, in arrears and expropriation;

(vii) Non-use of specialized instruments issued by the statutory sector;

(viii) Other violations committed and used.

Article 10 Administrative law enforcement agencies and their staff members shall be held accountable for their administrative enforcement responsibilities:

(i) No payment or undue delay shall be made by law;

(ii) The fact that the payment is based is not clear and that the evidence is insufficient;

(iii) No payment is made in accordance with the statutory authority and procedures;

(iv) Other violations committed administrative payments.

Article 11. Administrative law enforcement agencies and their staff shall be held accountable for their administrative enforcement responsibilities:

(i) The application of the relative administrative person is not admissible or delayed without justification;

(ii) Excluding the application of administrative recognition by the statutory authority or confirming and repeating the issuance of evidence to more than two administrative counterparts on the same matter;

(iii) The administrative recognition process is in violation of the law or administrative recognition based on unconfirmed and insufficient evidence;

(iv) Other violations committed administrative recognition.

Article 12 Administrative law enforcement agencies and their staff shall be held accountable for their administrative enforcement responsibilities:

(i) There is no statutory basis for the implementation of administrative decisions;

(ii) Administrative decisions based on unconfirmed and insufficient evidence;

(iii) Administrative decisions should be carried out in accordance with the law without the decision, causing serious consequences;

(iv) Administrative decisions that go beyond statutory competence;

(v) No administrative decision in accordance with the statutory procedures and deadlines;

(vi) Other violations committed administrative decisions.

Article 13 Administrative law enforcement agencies and their staff should be held accountable for their administrative enforcement responsibilities:

(i) There is no statutory basis for implementing administrative enforcement;

(ii) Changes in administrative coercion, conditions and modalities;

(iii) Execution of administrative coercion in violation of the statutory procedures;

(iv) Execution of administrative enforcement at night or statutory holidays in violation of the law;

(v) To stop water supply, electricity, heating, heating, heating and fuel for the lives of the population and to compel the parties to comply with the relevant administrative decisions;

(vi) Expand the scope of seizures, seizures and freezes in violation of the law;

(vii) The use or destruction of seals, places of seizure, facilities or property;

(viii) No decision to be taken during the seizure, seizure of the law or the prompt lifting of the seizure and seizure;

(ix) No decision to be taken during the freezing of deposits, a transfer of remittances, or the absence of a prompt lifting of the freeze by law;

(x) Other violations committed administrative enforcement.

Article 14. Administrative law enforcement agencies and their staff shall be held accountable for their administrative enforcement responsibilities:

(i) There is no statutory basis or beyond the application of inspection;

(ii) Conduct inspections in violation of the statutory procedures;

(iii) Excluding, promoting precision, delaying and refusing to perform inspection duties with grave consequences;

(iv) The offences identified in the examination are not punishable by law, corrected or not dealt with by the relevant organs in accordance with the provisions;

(v) In violation of the relevant provisions, the inspection is not authorized;

(vi) Other violations committed administrative inspections.

Article 15. Administrative law enforcement agencies and their staff should be held accountable for their administrative law enforcement responsibilities in one of the following cases:

(i) The application for administrative review, submitted by law, or is not transferred to the application for administrative review, without justification;

(ii) No administrative review decision within the statutory period;

(iii) Decisions for administrative review of violations or inappropriateness;

(iv) There is no statutory eligibility for administrative review;

(v) No written replies or evidence, basis and other relevant information for specific administrative acts;

(vi) Constraint, disincentives against citizens, legal persons or other organizations to apply for administrative review in accordance with the law;

(vii) Execution or delay in the implementation of administrative review decisions;

(viii) Other violations committed administrative review.

Article 16 provides that administrative law enforcement agencies and their staff perform other administrative functions, with one of the following cases, should be held accountable for their administrative enforcement responsibilities:

(i) The obligation of citizens, legal persons or other organizations in violation of the law;

(ii) In accordance with the law, citizens, legal persons or other organizations shall exercise their statutory responsibilities, such as the protection of their rights, property rights, to refuse or delay the fulfilment of the grave consequences;

(iii) Violations of legitimate ownership by citizens, legal persons or other organizations;

(iv) Other violations of the legitimate rights and interests of citizens, legal persons or other organizations.

Article 17, when administrative law enforcement agencies and their staff carry out administrative law enforcement, hearings should be held in accordance with the law and without hearings, and should be held accountable for their administrative enforcement.

Article 18 Administrative law enforcement agencies and their staff should be held accountable for their administrative enforcement responsibilities when dealing with sudden public incidents.

Article 19 deals with administrative law enforcement matters involving more than two administrative law enforcement authorities, the executive law enforcement agencies and their staff are devoting, delaying, or failing to cooperate and assist other administrative law enforcement agencies and their staff, with serious consequences and should be held accountable for their administrative enforcement responsibilities.

Chapter III

Article 20 Responsibility for administrative law enforcement is vested with specific custodians of executive law enforcement and administrative law enforcement agencies, the reviewers and the author of administrative law enforcement matters.

The reviewers referred to in the previous paragraph, including the heads of executive organs, heads of institutions in the interior and other reviewers exercising their jurisdiction; the alleged author of the approval, including the executive heads in the issuance of administrative decisions, and other authorized persons exercising or authorized to exercise their authority.

Article 21

An administrative law enforcement action taken after the review, approval is contrary to or inappropriate, and the licensor, the licensor assumes the primary responsibility and the specific custodian assumes secondary responsibility, as a result of the intentional conduct of the specific licensor, the failure of the author, the specific holder assumes the primary responsibility for the reviewer, the rator.

The administrative law enforcement responsibilities of the superior administrative law enforcement agencies have resulted in adverse consequences of changes in the administration of law enforcement by the lower executive law enforcement authorities, which are assumed by the custodian, the reviewor and the author.

Article 23. The main responsibilities of the principal holder are vested in the executive law enforcement authorities to discuss, collectively, the decisions of administrative law enforcement.

Chapter IV Types of accountability for administrative law enforcement

Article 24 Types of accountability to administrative law enforcement bodies:

(i) To put an end to unlawful or inappropriate administrative law enforcement;

(ii) Changes in the period of time;

(iii) To inform criticism;

(iv) It is recommended that it be removed from its post-year assessment.

Article 25 types of accountability for staff members of the executive law enforcement bodies:

(i) To inform criticism;

(ii) Changes in the period of time;

(iii) To put an end to administrative law enforcement and leave training;

(iv) The collection of administrative law enforcement documents and the removal of administrative law enforcement qualifications;

(v) To be transferred to the relevant organs.

Chapter V Enforcement accountability procedures

Article 26: The rule of law sector of the Government of the city, the district (market) is responsible for the investigation, processing and prosecution of administrative law enforcement responsibilities of the executive law enforcement organs of the current Government.

Administrative law enforcement agencies are responsible for investigating, processing and prosecution of administrative law enforcement responsibilities in this sector and at the lower level.

The executive law enforcement agencies entrust the organization with administrative law enforcement responsibilities, which are investigated, processed and prosecuted by the administrative law enforcement agencies entrusted; the Government of the people has commissioned investigations, processing and prosecution by the Government's rule of law.

The laws, regulations and regulations stipulate that administrative law enforcement responsibilities are directly investigated, processed and prosecuted by the inspector or other relevant organs and are implemented in accordance with the provisions of the laws, regulations and regulations.

Article 27 found and confirmed that administrative law enforcement acts are in conflict with or inappropriate and should be held accountable to the executive law enforcement agencies and their staff:

(i) The judgement of the People's Court having legal effect or the decision to withdraw and change administrative cases;

(ii) The administrative review body confirms the decision to withdraw and change administrative cases in violation;

(iii) The Government's rule of law sector, superior administrative law enforcement agencies, through administrative law enforcement inspections, review of major administrative sanctions decisions, receive administrative cases found by citizens, legal persons or other organizations for charges, prosecution;

(iv) High-level authorities are required to investigate administrative cases processed;

(v) Administrative cases where compensation has been or should be granted to the parties;

(vi) Other cases of unlawful or inappropriate administrative law, as confirmed by law.

Article 28 of the Government's rule of law or administrative law enforcement agencies shall investigate matters under article 27, subparagraphs (i), (ii), (v) of this approach from the date of admissibility; and shall be investigated on the date of admissibility and, within twenty days, decide whether the case is made. The absence of a case shall be communicated in writing to the relevant organ or to the accused, the prosecution and the reasons.

Article 29 of the Government's rule of law sector or administrative law enforcement authorities should conduct investigations into administrative cases that have been established within sixty days of the date of the filing of the case, and verify judgements, decisions, review decisions and other material.

The investigating officer shall not be less than two persons when the Government's rule of law or the administrative law enforcement body conducts a case survey, and shall present an administrative law enforcement certificate.

The Government's rule of law sector or administrative law enforcement agencies may take the following measures:

(i) Explore the staff and the relative, witness and produce a survey note;

(ii) Access to administrative law enforcement files and accounts, tickets, vouchers and, if necessary, replicated;

(iii) Collection of evidence, including through audio recordings, videos;

(iv) Removal of administrative law enforcement documents, subject to written evidence.

The investigators should assist in the investigation, provide information and do not conceal, destroy and transfer evidence.

The investigation agents of the Government's rule of law sector or administrative law enforcement agencies have a direct stake in the administrative cases investigated and should be avoided; the investigation personnel may not disclose matters of confidentiality involved in the investigation.

Article 33, Administrative law enforcement agencies, investigating and dealing with administrative law enforcement responsibilities, should be subject to the supervision of the rule of law sector of the Government at this level and should be sent to the Government's rule of law in a timely manner.

The Government's rule of law sector's response to important responsibilities should be reported to the Government in a timely manner.

Article 34 accountability for administrative law enforcement may be subject to review by the superior organ of the decision-making body within 15 days of the date of receipt of the decision.

The review body shall take a review decision within thirty days of receipt of the request for review.

The persons responsible for the accountability of administrative law enforcement may appeal to the relevant organs in accordance with the law.

Chapter VI Legal responsibility

Article XV of the refusal of the executive law enforcement authority to hold decisions against the enforcement of administrative law enforcement responsibilities, which is criticized by the same-level Government's rule of law and can be reported to the current level of government or recommend that the inspector be given the executive authority by law.

Article XVI of the Administration's refusal, obstruction of accountability for the prosecution of cases, and the same Government's rule of law sector may request the present Government or recommend that the inspector be treated in accordance with the competent authority of the Ministry.

Article 37: The executive law enforcement accountability authority and its personnel are held accountable for administrative law enforcement and one of the following cases is disposed of by the superior body or by the inspectorate; and in the case of serious suspected crimes to be transferred to the judiciary:

(i) The intentional concealment of an offence or the discovery of a breach of investigation or treatment;

(ii) deliberately increase or mitigate the responsibility of persons responsible;

(iii) It should be reported to the Government or to recommend that the inspectorate be treated by law without any request or recommendation;

(iv) The law should be transferred to the judiciary without being transferred.

Article 338 accountability for the administration of law enforcement organs should be held as one of the elements of the annual executive review of the administration of justice, and administrative law enforcement responsibilities of administrative law enforcement officials should be held as a basis for their examination, awards and punishment.

Chapter VII

Article 39 of this approach is implemented effective 1 July 2012.