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Haikou City Administrative Law Enforcement Supervision

Original Language Title: 海口市行政执法监督办法

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Administrative enforcement oversight at sea

(Adopted by the 86th Standing Committee of the People's Government of the Sea, 10 November 2011, No. 84 of 28 December 2011, Publication of People's Government Order No. 84 of 1 February 2012)

Article 1 promotes the legal administration and guarantees the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the provisions of the People's Congress and Local Government Act of the People's Representatives of the People's People at the local level of the People's Republic of China, the comprehensive advancement of the implementation framework of the law, the Administrative Law Enforcement and Administrative Enforcement Monitoring of the Province of the Sudan, and the practical formulation of this approach in the city.

This approach applies to administrative law enforcement oversight in the present municipal administration.

Other laws, regulations and regulations, such as administrative inspection, audit supervision, administrative review and oversight of abstract administrative acts, have been established.

Article 3 of this approach refers to activities undertaken by the municipality, the people of the region to promote, inspect, direct and deal with the administrative enforcement of their executive organs.

The administrative law enforcement agencies referred to in this approach refer to the executive organs of the municipal, regional authorities exercising administrative law enforcement functions in accordance with the provisions of the law, legislation and regulations, or organizations entrusted with the exercise of administrative law enforcement functions in accordance with the provisions of the law, regulations and regulations.

Article IV. Administrative law enforcement oversight should uphold the principles of accountability, legality, enforcement, law enforcement, legality, integrity, integrity and openness, equity and justice.

Article 5 governs the executive enforcement activities of the executive law enforcement agencies affiliated with the Government of the People's Rule of Law at this level.

Administrative law enforcement oversight is carried out by the communes of the communes, and the authorities have the obligation to assist.

In accordance with the work needs of the commune, the authorities of the communes, and with the approval of the Government of the people at this level, may invite representatives of the public, parliamentarians and other persons with legal knowledge, professional technical knowledge to act as special invite executive law enforcement monitors to carry out administrative enforcement oversight activities.

The terms of reference and competence of administrative law enforcement supervisors are specifically given by the authorities of the municipality.

Article 7 establishes an administrative enforcement complaints system. Citizens, legal persons or other organizations consider that administrative law enforcement agencies and their administrative law enforcement officials have violations of laws, regulations or regulations and have the right to lodge complaints and reports to the State's rule of law institutions affiliated with the administrative law enforcement body or to lodge complaints and reports to the superior organ of the administrative law enforcement body.

Article 8 establishes a system for the accreditation of executive law-enforcement subjects. The executive law enforcement body is governed by the executive body, the law enforcement is based on the review by the competent municipal or territorial Government's rule of law bodies, and the public announcement in the present administrative region after the approval of the territorial Government. The executive law enforcement authorities should re-examine the recognition in a timely manner by the rule of law institutions of the commune or territorial Government.

Article 9 establishes a pre-existing legal knowledge examination system for executive law enforcement authorities. The authorities of the city are responsible for organizing pre-legal knowledge examinations with the municipal human resources and social security sector for the organization of the pre-vocational legal knowledge examination of the executive branch at the municipal level. The executive branch at the municipal level organizes, on its own initiative, a pre-legal knowledge examination at the head of the Section, and reports on the results of the examination to the communal Government's rule of law institutions, the municipal civil service administration. There is no legal knowledge examination or examination.

The content and manner of pre-positioned legal knowledge examinations should be scientifically sound and consistent with the actual needs of administrative law enforcement. The content of the examinations at the head of the department should be focused on more generic legal knowledge, and the contents of the examination at the level of the treasury should be focused on legal knowledge necessary for administrative law enforcement.

Article 10 establishes a training system for administrative law enforcement personnel. The Government's rule of law institutions should organize regular training for all municipal administration law enforcement officials, and training could be conducted through thematic lectures, centralized awards, uniform examinations. Training should focus on learning and training for law enforcement skills in operational knowledge such as relevant laws, regulations and regulations. Participation in training and the results of training are an important reference to the operational appraisal and promotion of posts by law enforcement officials.

Article 11. Administrative law enforcement implements the evidence-based induction system. Administrative law enforcement officers have access to administrative law enforcement documents, and they should be pre-qualified and granted administrative law enforcement qualifications through the organization of examinations by the authorities of the municipality.

When administrative law enforcement officials carry out their duties, administrative law enforcement documents issued by the relevant departments or the provincial government should be presented. Administrative law enforcement officials do not have administrative law enforcement documents and may not carry out administrative law enforcement activities.

Article 12 establishes the administrative law enforcement documentation management system. The rule of law institutions of the Government of the city should manage administrative law enforcement documents and establish information files. Administrative law enforcement officials, law enforcement types, changes in law enforcement categories, and administrative law enforcement agencies should change the content of administrative law enforcement documents in a timely manner, and inform the authorities of the Government of the city of the rule of law to confirm and incorporate information files in accordance with the law. Changes in the content of administrative law enforcement documents have not been confirmed by law by the authorities of the commune government, nor are they continued.

Administrative law enforcement officers should be recovered from administrative law enforcement positions.

The issuance of administrative law enforcement documents is coordinated by the authorities of the municipalities.

Article 13 establishes an administrative law enforcement review system. The authorities of the municipalities should organize regular administrative law enforcement reviews. In accordance with the criteria established, the executive law enforcement agencies shall file a centralized and unified management of oversight records, evidence materials, law enforcement instruments, etc., developed by administrative law enforcement activities.

Article 14. The communes of the State's rule of law should regularly issue administrative law-enforcement guidance cases that are targeted, representative and exemplary and guide administrative law enforcement.

Article 15 establishes a major administrative sanctions reserve system. Major administrative penalties, such as probationary orders, suspension of work, imposition of fines, shall be submitted to the competent municipal or district authorities within 15 days of the date of the decision on penalties.

Article 16 establishes a system of administrative law enforcement responsibilities, an administrative law enforcement appraisal system and a system of accountability for administrative law enforcement.

Every year, the authorities of the municipalities, the communes have inspected, vetted and consulted on the implementation of the administrative law enforcement regime of the respective executive and lower-level people's Government and on the administrative work of the law.

The implementation of the administrative enforcement responsibilities regime and the incorporation of administrative functions in the annual performance appraisals of the administrative law enforcement agencies as an important element of the annual work of the nuclear bodies.

Article 17 establishes an administrative law enforcement statistical system. Administrative law enforcement agencies should organize regular administrative law enforcement statistics, statistical data on administrative law enforcement in a given period, and, as required, send statistical results to the rule of law institutions affiliated to the municipalities or communities by 15 quarters.

Administrative law enforcement statistics are carried out in the form of filling statistical statements or submitting statistical reports. The model statistical documents, such as statistical statements and statistical reports, have been developed by the authorities of the municipality.

Article 18

(i) The legality and consistency of administrative acts, such as administrative licences, administrative sanctions, administrative enforcement, administrative charges, and administrative charges, in accordance with the rules relating to discretion;

(ii) The establishment and implementation of administrative complaints and reporting systems by administrative law enforcement authorities;

(iii) The legality of law enforcement by executive law enforcement agencies and their executive law enforcement officials;

(iv) Implementation by administrative law enforcement agencies of the pre-ministerial legal knowledge examination system;

(v) Management of administrative law enforcement documents;

(vi) Implementation by administrative law enforcement agencies of the significant administrative penalties system;

(vii) The establishment and implementation of administrative law enforcement accountability systems, administrative law enforcement review appraisals, and administrative law enforcement accountability systems;

(viii) The establishment and implementation of the administrative law enforcement system;

(ix) Other matters that should be monitored by law.

Article 19 provides regular inspections, inspections, acceptances and processing of complaints, specialized inspections, preparation of case reviews, and perform oversight duties.

With regard to major administrative law enforcement issues, the authorities of the city, the people of the region may organize special inspections or joint inspections in conjunction with or in collaboration with specialized oversight bodies.

Article 20, Complaints, reports by the authorities of the State of the District and other organizations concerning administrative law enforcement should be made by citizens, legal persons or other organizations within three working days of the date of receipt of the complaint, the report shall determine the admissibility and inform the complainant, the reporting person. Inadmissibility cases should be justified.

The rule of law institutions of the municipality, the people of the region and the Government of the Republic of the Sudan have found administrative law enforcement oversight matters through other means other than the receipt of complaints and reports, and should be filed within three working days from the date of discovery.

In matters that could be addressed through administrative mediation, administrative review or administrative proceedings, the rule of law institutions of the city, the people of the region should be informed in a timely manner of their application for administrative mediation, administrative review or administrative proceedings.

Administrative law enforcement oversight cases in the case of a decision by the municipal, territorial Government's rule of law bodies should be taken within 30 working days of the date of the decision. In exceptional cases, 10 working days could be extended by the heads of the rule of law. The results should be communicated to the relevant units and parties in a timely manner.

Article 21

(i) A letter of administrative law enforcement oversight to the relevant administrative law enforcement authorities;

(ii) The administrative law enforcement authorities that have received the letter of administrative law enforcement oversight shall respond to the authorities of the municipality, the people of the region, within the time specified in the letter of administrative law enforcement oversight;

(iii) The authorities of the city, the people of the region believe it necessary to monitor the measures set out in article 23 of this approach during the monitoring process;

(iv) The authorities of the city, the people of the region have confirmed that administrative law enforcement authorities and their administrative law enforcement officials have committed violations and issued the Administrative Law Enforcement Regulatory Decision.

In making the above-mentioned monitoring instrument by the authorities of the municipalities, the people of the region should be added to the special chapter of the executive enforcement supervision of the Government of the people at this level.

In article 22, the executive law enforcement body should implement the Administrative Law Enforcement Oversight Decision as required. Administrative law enforcement authorities are not consistent with the administrative law enforcement oversight decision and may apply for review within 10 working days from the date of receipt of the administrative law enforcement oversight decision. The rule of law institutions of the city, the people of the region shall take a review decision within 15 working days of the date of receipt of the request. The Administrative Law Enforcement Oversight Decision was not discontinued during the review.

The executive law enforcement agencies are neither seeking review nor compliance with the Administrative Enforcement Supervision Decisions, and the authorities of the city, the territorial Government may refer to the authorities in accordance with article 26 of this approach and article 29 thereof.

Article 23 provides for administrative law enforcement oversight by the authorities of the city, the people of the region, and may take the following measures:

(i) Receiving relevant administrative law enforcement files, documents or information;

(ii) Inquired administrative law enforcement officials or relevant staff;

(iii) Inquired about citizens, legal persons or other organizations;

(iv) Applying the law to commission, assess, test, survey, organize oversight measures, such as public hearings, by the competent organs, expert opinions and counselling;

(v) Other oversight measures that may be taken by law.

Article 24 provides for clear, minor and responsible administrative law enforcement, and with the consent of the principal holder of the executive law enforcement body of the administrative law enforcement act, the authorities of the people's rule of law, which is governed by the administrative law enforcement body, may be treated in a way that is coordinated on-site, on-the-job basis.

Article 25: In the investigation or inspection of the rule of law institutions of the city, the authorities of the people of the region shall not be less than two persons. Except for cases where law enforcement is found and required to be corrected in a timely manner.

In the supervision and inspection, the authorities of the municipalities and territories should present administrative law enforcement inspection documents to the supervisory administrative law enforcement agencies and their administrative law enforcement officials. Administrative law enforcement agencies and their administrative law enforcement officials should be promptly monitored and, if any, provide information.

Oversight matters performed by administrative law enforcement supervisors are directly related to themselves or their close relatives and should be avoided.

The administrative enforcement supervision of the issuance of inspection documents is coordinated by the authorities of the municipalities.

Article 26 Administrative law enforcement agencies and their administrative law enforcement officials violate this approach, in one of the following cases, by the executive law enforcement agencies, by the executive or the authorities of the people's rule of law, and may be brought to the attention of the Government of the people at this level in such circumstances:

(i) Failure to establish or fail to require the implementation of the complaints and reporting system, the qualification system of the executive law enforcement subject, the pre-ministerial legal knowledge examination system, the administrative law enforcement training system, the administrative law enforcement voucher system, the administrative law enforcement documentation management system, the major administrative sanctions reserve system, the administrative enforcement accountability system, the administrative law enforcement appraisal system, and administrative law enforcement accountability system;

(ii) There is no justification for the delay in responding to the letter of administrative law enforcement oversight or the failure to implement the Administrative Enforcement Oversight Decisions;

(iii) Other violations and omissions.

Article 27, in violation of this approach by administrative law enforcement officials, is one of the following cases, and is restructured by the rule of law organs of the local or territorial Government, which are governed by this administrative law enforcement body, in the case of serious circumstances, with their administrative law enforcement documents:

(i) Execution of administrative law enforcement, such as administrative licences, administrative penalties, administrative fees, administrative enforcement;

(ii) Violations of administrative law enforcement documents management provisions;

(iii) There are other cases where administrative law enforcement documents should be suspended.

The authorities of the city, the people of the region shall deduct administrative law enforcement documents, and shall notify the administrative law enforcement officers who have been suspended in writing within three working days of the date of the suspension of the documents.

Administrative law enforcement officers may not engage in administrative law enforcement activities during the suspension of administrative law enforcement documents, and their units should be trained in law enforcement.

The duration of the suspension of administrative law enforcement documents is as follows:

Article 28 is one of the following cases for administrative law enforcement officials and the rule of law institutions, which are governed by this administrative law enforcement body or by the Government of the People's Government of the Republic of the Republic of the Republic of the Republic:

(i) Criminal punishment or punishment of labour corrections;

(ii) More than two administrative law enforcement documents are temporarily seized;

(iii) More than two administrative responsibilities have been held for dismissal or for law enforcement errors;

(iv) Toys negligence and abuse of authority in administrative law enforcement activities, with grave consequences;

(v) There are other cases where administrative law enforcement documents should be revoked.

Administrative law enforcement officers have been revoked by administrative law enforcement officers and their units should be removed from administrative law enforcement.

Article 29, in violation of article 26, article 27, article 28, the rule of law of the municipality or the territorial Government of the executive branch, may also recommend, in particular, the right to administrative accountability or administrative disposition by the competent organ of the executive law enforcement organs and the competent and direct responsible person.

Article 33, the rule of law institutions of the city, the people of the region, in administrative law enforcement supervision, found that administrative law enforcement authorities violate the provisions of the property or administrative law enforcement, should be notified in a timely manner or recommend specialized oversight bodies, such as audit, inspection, and that the relevant specialized oversight bodies should communicate the results to the authorities of the city, the people of the region.

In administrative law enforcement supervision, the authorities of the city, the people of the region have found that the relevant provisions of the administrative law enforcement are in violation of the law and shall make proposals or proposals for amendments or repeals to the relevant design organs, as required.

Article 31, the rule of law institutions of the Government of the District and administrative law enforcement supervisors have been dealt with by the inspector in accordance with the relevant provisions.

Administrative law enforcement oversight activities carried out by executive law enforcement agencies affiliated to the Government of the people at the highest level in article 32 refer to the application of this approach to administrative law enforcement oversight activities carried out by executive law enforcement agencies and administrative law enforcement agencies within their responsibilities.

The question of the specific application of this approach is explained by the authorities of the municipalities.

Article 34, paragraph 2, of the present approach, states that “numbers”, “after” are included.

The provisions of article 35 of this approach relating to the period covered by the Code of Civil Procedure are implemented in accordance with the relevant provisions of the Code of Civil Procedure.

Article 36 of this approach is implemented effective 1 February 2012.