Changchun City, Administrative Law Enforcement Accountability Approach

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376482.shtml

Changchun City, administrative law enforcement accountability approach

    (May 16, 2012 Changchun Municipal People's Government at the 50th Executive meeting on May 25, 2012, 33rd release from July 1, 2012, the people's Government of Changchun City) Chapter I General provisions

    First article for promote administrative organ and staff law exercise terms, specification administrative law enforcement behavior, prevention administrative law enforcement in the violations of occurred, protection citizens, and corporate and other organization of lawful rights and interests of, according to State full advance law administrative implementation platform for, and Jilin province administrative law enforcement Ordinance, and Jilin province administrative law enforcement misjudged responsibility held approach and Jilin province administrative law enforcement supervision approach, provides, combined this city actual, developed this approach.

    Second approach applies within the administrative area of the city administration, authorized by laws and regulations and the administrative authority delegated organization (hereinafter referred to as administrative law enforcement organs) and its staff investigation of administrative law enforcement responsibility.

    Administrative law enforcement responsibility in these measures refers to administrative law enforcement organs and their staff in the course of administrative law enforcement, illegal, improper exercise of executive law enforcement authority or fails to perform administrative duties, the legitimate rights and interests of citizens, legal persons and other organizations, as well as public interests are jeopardized, causing serious impact and should bear the responsibility.

    Article III administrative law enforcement accountability should be guided by objective and lawbreakers must be dealt with, the wrong responsibility, the principle of combining education and punishment.

    Fourth of municipal or County (City) district people's Government exercise unified leadership, organization, administrative law enforcement accountability work within their respective administrative areas.

    City, County (City) area Legislative Affairs in the Department responsible for the administration of administrative law enforcement responsibility.

    Administrative law-enforcement organs of legal institutions in the city and County (City) district people's Government under the authority of the Department of Legal Affairs, the system of administrative law enforcement responsibility.

    Monitoring, human resource and Social Security Department shall, in accordance with their respective responsibilities, administrative law enforcement accountability work well done according to law.

    Five citizens, legal persons or other organizations that administrative acts of administrative enforcement of law enforcement agencies is illegal, improper or administrative omission can have jurisdiction according to law the Government legal departments or administrative legal complaints, reported by law enforcement agencies, called for an investigation and treatment.

    Sixth administrative law enforcement organs and their personnel shall be held liable for administrative law enforcement responsibility, right, statements and representations refuses to accept the decision on administrative law enforcement accountability, right to apply for review of the measures.

    Chapter II scope of administrative law enforcement accountability

    Seventh administrative law enforcement organs and their staff shall impose administrative penalties, any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) administrative penalties have no statutory basis;

    (B) the magnitude of change types of administrative penalty, without authorization;

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

    (D) does not implement the relevant penalty payment on its own to collect fines;

    (E) imposition of administrative penalty does not use fines, confiscation of property and documents or use the non-statutory sector issued fines, confiscation of property and documents;

    (Vi) fines, the confiscation of illegal income or property, interception, privately divide or disguised privately;

    (VII) making use of his facilities, ask for and accept other person's property or to collect fines for existing;

    (VIII) shall be transferred to judicial organs for criminal liability does not transfer, replaced by administrative penalty penalties;

    (IX) other illegal imposition of administrative penalty.

    Article eighth administrative law enforcement organs and their staff in the implementation of administrative licensing, any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) there is no legal basis for the implementation of administrative licensing;

    (B) to comply with the statutory conditions of administrative Licensing application as inadmissible;

    (C) is not in the Office public notice publicity materials according to law;

    (D) the applicant to submit the application materials are incomplete, do not comply with the statutory format, does not inform the applicant must correct everything at once;

    (E) failing to note does not accept an application for administrative license or no reasons of administrative licensing;

    (F) an applicant who does not meet the statutory requirements to grant administrative licensing terms or go beyond legal decision on approving an administrative license is made;

    (VII) the applicant meets the statutory requirements is not administrative approval or disapproval decision on approving an administrative license is made within the statutory time limit;

    (H) violations of statutory procedures for the implementation of administrative licensing;

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

    (10) according to tender according to law, auction results or test scores merit decision approving an administrative license is made, without bidding, auction or exam, or according to the bidding, auction results or test scores merit decision on approving an administrative license is made;

    (11) other illegal implementation of the administrative license.

    Nineth administrative law enforcement organs and their staff in administrative expropriation and requisition, any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) there is no statutory basis for expropriation and requisition;

    (B) the collection and not levied according to law;

    (C) any establishment or increase the expropriation and requisition item, without changing the scope of expropriation and requisition, standard, or duration;

    (D) acts of violence, threats or other illegal means of forced expropriation and requisition;

    (E) violation of legal procedures of expropriation and requisition;

    (Vi) embezzlement, misappropriating, privately divide, retain, expropriation and requisition of arrears;

    (VII) not use issued by the statutory sector-specific instruments;

    (VIII) other illegal implementation of expropriation and requisition.

    Tenth administrative law enforcement organs and their functionaries executive pay, any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) without payment or undue delay of payment according to law;

    (B) payments based on unclear facts, insufficient evidence of;

    (C) not complying with the statutory payment authority, proceedings;

    (Iv) other illegal implementation of executive pay.

    11th administrative law enforcement organs and their functionaries Executive confirmed that any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) application for private person without good reason do not accept or delay in the complaint;

    (B) beyond the statutory authority to implement administrative confirmation, or to two or more private party on the same matter to confirm and repeat the certification;

    (C) illegal administrative confirmation process, or based on inconclusive, insufficient administrative confirmation of the evidence;

    (Iv) other law implementing administrative acknowledged.

    12th administrative law enforcement organs and their staff in administrative adjudication, any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) there is no statutory basis for the implementation of administrative decisions;

    (B) not conclusive, is not sufficient evidence to make executive decisions;

    (C) shall make administrative decisions without making a ruling, causing serious consequences;

    (D) beyond the statutory authority for administrative decisions;

    (V) not in accordance with legal procedures and deadlines for making administrative decisions;

    (Vi) other illegal administrative decisions.

    13th administrative law enforcement organs and their functionaries executive force, any of the following circumstances shall pursue its administrative law enforcement responsibility: (a) there is no statutory basis for the implementation of administrative enforcement;

    (B) change the way compulsory administrative object, condition,;

    (C) implementing administrative enforcement of violations of statutory procedures;

    (Iv) in violation of the law, in the evenings and statutory holidays administrative enforcement;

    (E) for residents to stop water supply, power supply, heat supply, gas supply, such as forcing the party to the relevant administrative decisions;

    (Vi) an expanded range of sealing up, distraining, freezing;

    (G) use or damage to sealing up, distraining premises, facilities, or property;

    (H) sealing up, distraining prescribed by law does not make a decision or is not relieved of attachment, arrest according to law;

    (IX) the freezing of deposits, remittance process prescribed by law is not made decisions or failing to timely lifting of the freeze;

    (10) other administrative enforcement of the illegal.

    14th administrative law enforcement organs and their staff administrative inspection, any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) there is no legal basis or beyond the legal authority to inspect;

    (B) the violation of legal procedures to inspect;

    (C) waivers, prevarication, procrastination, refusal to perform inspection duties causing serious consequences;

    (Iv) for violations of law found check stop, correct or not transferred pursuant to the provisions of the relevant agencies;

    (E) violations of the relevant provisions, without permission to inspect;

    (Vi) other illegal administrative checks.

    15th administrative law enforcement organs and their staff to perform their duties of administrative reconsideration, any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) inadmissible in accordance with law without proper reason an application for administrative reconsideration or transferred in accordance with the provisions of administrative reconsideration application;

    (B) the administrative reconsideration decision is not made within the statutory time limit;

    (C) illegal or improper administrative reconsideration decision is made;

    (D) does not have the legal capacity to engage in administrative reconsideration;

    (V) did not provide written replies or does not submit a specific administrative act evidence, evidence and other relevant information;

    (Vi) obstruction, block in a disguised form of citizens, legal persons or other organizations apply for administrative review;

    (G) fails to perform or unwarranted delay in the fulfilment of decisions of administrative reconsideration;

    (VIII) other violations of administrative reconsideration.

    16th administrative law enforcement organs and their staff to perform other administrative functions, any of the following circumstances shall pursue its administrative law enforcement responsibility:

    (A) the illegal setting obligations of citizens, legal persons or other organizations;

    (B) the law shall perform the citizens, legal persons or other organizations to apply for protection of their personal rights, property rights and other legal and dire consequences of a refusal or delay in the performance of duties;
(C) violations of the legitimate autonomy of citizens, legal persons or other organizations;

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

    17th administrative law enforcement organs and their staff when implementing administrative enforcement action, it shall hold a hearing without holding a hearing, shall comply with the statutory duty of disclosure and failure to comply should be investigated for administrative law enforcement responsibility.

    18th administrative law enforcement organs and their staff in dealing with unexpected public events, fails to perform or negative carrying out emergency responsibilities, consequences, should be investigated for administrative law enforcement responsibility.

    19th involving two or more administrative matters of administrative law enforcement by law enforcement agencies, relevant administrative law enforcement organs and their staff shuffle, put off the ban, or there is no legitimate reason not to match, not to assist other administrative law enforcement organs and their staff work, resulting in serious consequences, should be investigated for administrative law enforcement responsibility.

    Chapter III administrative law enforcement responsibility confirmation

    Article 20th administrative law enforcement responsibility, by administrative law-enforcement organs and administrative law enforcement agencies specific sponsor, administrative law-enforcement matters reviewed and approved persons.

    The reviewer referred to in the preceding paragraph, including internal institutions at the administrative body in charge of the head, head and performs the audit terms of reference of the other reviewer; ratification referred to in person, including the heads of administrative organs for issuing administrative decisions, as well as exercise or other approved person authorized to approve terms of reference.

    Article 21st sponsor of administrative law enforcement of illegal or improper, bear full responsibility undertaken by a specific person.

    After review and approval by the administrative law enforcement of illegal or improper, reviewer and approver to assume primary responsibility for concrete contractors bear secondary responsibility audit due to intentional acts of the contractors who, approved by errors, specific promoters bear the primary responsibility, reviewer, approver bear secondary responsibility.

    22nd superior administrative law enforcement organs change, revoke subordinate administrative law enforcement organs of the adverse consequences of administrative acts, administrative law enforcement responsibility by higher administrative authorities of the undertaker, checker and approver commitment.

    23rd through administrative law enforcement organs decided collectively, head of the administrative law enforcement is illegal or improper, Chief bear the primary responsibility.

    Fourth chapter the types of administrative law enforcement accountability

    Article 24th of administrative law enforcement accountability types are:

    (A) in order to stop the illegal or improper acts of administrative enforcement;

    (B) a rectification;

    (C) notice of criticism;

    (D) the proposal to cancel their competitions that year advanced qualifications.

    25th article of administrative law-enforcement agencies staff accountability types are:

    (A) informed criticism;

    (B) a rectification;

    (C) to order the suspension of administrative enforcement, post training;

    (D) the collection of administrative law enforcement documents, administrative law enforcement qualifications;

    (E) transferred to the relevant authorities.

    Fifth chapter of administrative law enforcement accountability procedures

    Article 26th city, County (City) area Legislative Affairs Department is responsible for the level of Government-owned administrative law enforcement organs, lower levels of Government matters of administrative law enforcement responsibility to investigate, handle and hold.

    Administrative law-enforcement agencies are responsible for the Department and subordinate administrative matters of administrative law enforcement responsibility of law enforcement agencies investigating, processing and accountability.

    Administrative law enforcement bodies to delegate the Organization's administrative law enforcement responsibility, dealt with by the Commission of administrative law enforcement investigation, and held accountable; commissioned by the Government, by the level of Government Legislative Affairs Department Survey, processing and accountability.

    Laws, rules and regulations by the supervisory authorities or other relevant bodies direct investigations, administrative law enforcement responsibility and accountability for matters dealt with, in accordance with the provisions of the laws, regulations and rules.

    27th and qualify through executive action illegal or inappropriate shall be investigated for responsibility for administrative law enforcement organs and their staff:

    (A) the Court has become legally effective judgment or ruling to revoke or alter administrative cases;

    (B) violation of administrative reconsideration organs confirmed decided to revoke or alter administrative cases;

    (C) the Government legal departments, administrative law-enforcement organs at higher levels through the law enforcement examination, major administrative punishment record review to receive citizens, legal persons or other organizations sued, the report found, including administrative cases;

    (D) the authorities requested the investigation and handling of administrative cases;

    (E) have been, or should be given administrative compensation of administrative cases;

    (Vi) other confirmed cases of illegal or improper administrative enforcement according to law. 28th article government legal sector or administrative law enforcement organ on this approach 27th article subsection (a), and (ii), and (five) items provides of matters, should since accepted of day up be filed survey; on this approach 27th article subsection (three), and (four) items provides of matters, should since accepted of day be survey, and Yu 20th within made whether filed of decided.

    Not filed, shall notify the relevant authorities or complainant or informant, and explain the reasons.

    29th the Government legal departments or executive law enforcement authority shall, within 60 days from the date of filing, to investigate has filed an administrative case, judgement, judgement, decision, and other supporting documents to be verified.

    30th the Government Legal Department or law enforcement agencies in the investigation of cases, the investigators shall be not less than two, and should produce a certificate of administrative law enforcement supervision.

    31st the Government Legal Department or law enforcement agencies in the investigation of cases, you can take the following measures:

    (A) relative, witnesses asked related staff and administration, and the investigative records;

    (B) access to administrative files and accounts, bills, vouchers and, if necessary, can be copied;

    (C) sound recordings, films, such as collecting evidence;

    (D) temporary suspension of certificate of administrative law enforcement, but shall issue written confirmation.

    Investigators should be to assist in the investigation, provide information, and shall not conceal, destroy, transfer of evidence.

    Article 32nd Government Legal Department or law enforcement agency investigators and of the administrative case under investigation has a direct interest, should be avoided; investigators involved in investigations should be kept confidential, no leaks.

    33rd administrative investigations by law enforcement agencies, to deal with matters of administrative law enforcement responsibility, shall be subject to the level of government supervision of the Department of Legal Affairs, and should be processed in a timely manner the results submitted to the level the Government Legal Department.

    Government legal departments on key matters of accountability results shall be reported promptly to the level of Government.

    Article 34th refuses to accept the decision on administrative law enforcement responsibility, from the date of receipt of the decision to make a decision on the organ in the 15th level authority for review.

    Review Authority shall review the applications received within 30th of review decisions.

    Administrative law enforcement responsibilities of those responsible for the punishment imposed by the disaffected, complaints to the relevant authorities in accordance with law.

    The sixth chapter legal liability

    35th executive law enforcement agencies refused to implement decisions of the administrative law enforcement responsibility, given by the Government legal departments at criticized, and permissions according to the cadre management reported to the level of Government or proposed supervisory organs shall be subject to administrative bodies responsible disposal.

    Article 36th administrative law enforcement agencies declined, impeding the investigation and handling of cases of liability, government legal departments may, cadres at the same level reported to the administrative rights of the relevant person to the level of Government or recommendations monitoring organ given sanctions according to law.

    37th administrative accountability for law enforcement agencies and their staff working in administrative law enforcement responsibility, any of the following circumstances, given by a superior or a supervisory authority responsible disposal in serious crime, transferred to judicial organs for handling:

    (A) intentionally concealed without investigation and handling of violations or finding violations;

    (B) intentionally aggravating or mitigating responsibility of persons;

    (C) this Governments or recommendations shall be reported to the supervisory organs shall be given sanctions, without the approval or recommendation;

    (D) that shall be transferred to judicial organs for handling without transfer.

    Article 38th administrative law enforcement administrative law enforcement responsibility, should be regarded as part of the annual examination of administration according to law; chief administrative law enforcement accountability for law enforcement personnel, should serve as the basis for its appraisal, reward and punishment.

    The seventh chapter by-laws 39th article of the rules take effect on July 1, 2012.