Haikou City Administrative Law Enforcement Supervision

Original Language Title: 海口市行政执法监督办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369160.shtml

Haikou city administrative law enforcement supervision (November 10, 2011 Haikou municipal people's Government Executive session of the 86th through December 28, 2011 Haikou municipal people's Government to 84th released since February 1, 2012) first in order to strengthen and improve the administrative law enforcement supervision, promoting administration according to law, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China of the organic law of the local people's congresses and local people's Governments at various levels and the implementation outline for the holistic promotion of administration by law and the

    Hainan provisions of administrative law enforcement and administrative law enforcement supervision regulations, combined with the city's actual, these measures are formulated.

Second administrative law enforcement supervision within the administrative area of the city this way.

    Administrative supervision and auditing supervision, administrative review and the supervision of the abstract administrative action has other laws, rules and regulations, from its provisions.

Article III administrative law enforcement supervision in these measures refers to municipal and district people's Government towards their respective law enforcement organs of the Executive law enforcement supervision, inspection, and guidance and process activities.

    Administrative law-enforcement organs mentioned in these measures refers to municipal and district administration according to the law enforcement authority of administrative agencies, and in accordance with the laws and regulations authorized or in accordance with the laws, regulations and regulations delegate to exercise administrative powers for law enforcement organizations.

    Fourth administrative law enforcement supervision shall adhere to the statutory powers and responsibilities, observed, that there are laws and lawbreakers must be dealt with, a clean and efficient principles of openness, fairness and justice.

Fifth of municipal and district people's Government legal organization representing the people's Governments at the corresponding level of administrative law-enforcement organs belonging to the administrative law enforcement supervision.

    Municipal and district people's Government legal agencies in administrative law enforcement supervision, authorities have an obligation to assist.

Sixth of municipal and district people's Government institutions in accordance with the needs of the legal system, approved by the people's Governments at the corresponding level, and may invite the NPC deputies and CPPCC members and other legal knowledge, professional and technical knowledge of administrative law enforcement supervisors engaged in administrative law enforcement supervision activities as guest.

    Specially invited supervisor of administrative enforcement responsibilities and competence shall be determined separately by the municipal people's Government legal agencies. Article seventh administrative law enforcement system.

    Citizens, legal persons or other organizations think that administrative law enforcement organs and administrative law enforcement officers in violation of the law, regulations or rules of behavior, has the right to executive law enforcement agency is a member of city or district people's Government legal agencies complaints and reports, or to the administrative organs at the next higher level complaints and reports. Article eighth subject qualification system of administrative law enforcement. Administrative law-enforcement organs of administrative law enforcement entity, law enforcement based on the respective city or district people's Government legal agencies review confirmed that, by their respective approval within the administrative area of the city or district people's Government announcement.  

    Administrative law enforcement qualification, according to the changes, administrative law-enforcement organs shall report their city or district people's Government legal agencies to re-examine a confirmation. Before Nineth established administrative law enforcement organs of legal knowledge examination system. Municipal people's Government legal agencies municipal human resources and Social Security Department responsible for city-level leading cadres at the Deputy-level law enforcement agencies appointed the legal knowledge examination. Municipal Administration organized the cadres by law enforcement agencies appointed the legal knowledge examination, and examination results are submitted to the municipal people's Government legal agencies, municipal civil servants Management Department.

Without the knowledge of the law failed to pass the examinations or examinations may not be served. Appointed the legal knowledge examination contents and manner of leading cadres should be scientific and reasonable, in line with the actual needs of the administrative law enforcement positions.

    Ranking leaders of the content should focus on the strong general knowledge of law, cadres of exam content should focus on administrative law enforcement is the necessary legal knowledge. Tenth administrative law enforcement personnel training system. Legal institutions should be regularly organized under the city's administrative law enforcement personnel training, training seminars, focused instruction, examination and other means. Training content should focus on relevant laws, regulations, rules, business knowledge and skills of law enforcement training.

    Participation in training and training for law enforcement personnel evaluation and promotion of important references. 11th article implementation of the certified system of administrative law enforcement.

Administrative law enforcement officers access to administrative documents, must first be approved by the municipal people's Government legal agencies organizing examinations and was eligible for administrative law enforcement. The Chief law enforcement officer in the execution of their duties, shall show the relevant departments of the State or administrative documents issued by the provincial people's Government.

    Administrative law enforcement personnel without a certificate of administrative law enforcement, shall develop administrative law enforcement activities. Article 12th administrative document management systems for law enforcement. Municipal legal informatization management of administrative documents, establish an information archive. Administrative law enforcement law enforcement jobs, changes in law enforcement types, categories, the law enforcement agency shall promptly change executive law enforcement documents, submitted to the municipal legislative affairs agency shall identify and record information.

Document content changes without the municipal legal system of administrative law enforcement agencies recognized by the law, may not continue to use it.

Administrative law enforcement personnel out of executive positions, administration documents should be recovered.

    Documents issued by the municipal legal system of administrative law enforcement agencies should be responsible for. Article 13th files comments on the system of administrative law enforcement. Municipal administrative law enforcement files comments on rule of law institutions should be organized on a regular basis to check work.

    Administrative law enforcement agencies shall comply with the requirements of the standard, on the formation of administrative law enforcement supervision and inspection records, evidence, law enforcement instruments such as filing, the implementation of centralized management. 14th administrative law enforcement cases guiding system.

    Municipal and district people's Government legal agencies shall regularly publish targeted, representation and exemplary guiding of administrative enforcement cases to guide administrative law enforcement bodies to carry out administrative work. 15th major administrative penalties established filing system.

    Administrative law enforcement revoked licenses, order to suspend, impose larger fines and other serious administrative punishment, shall from the date of making the decision in the 15th to the respective city or district people's Government legal agencies to submit for the record. 

16th administrative law enforcement responsibility system of administrative law enforcement, administrative enforcement evaluation system and the fault responsibility investigation system.

Municipal and district people's Government legal agencies every year to their administrative law enforcement organs and the lower level people's Governments implementation of responsibility system of administrative law enforcement and administration work for inspection, examination and deliberation.

    Implementation of the responsibility system of administrative law enforcement and administrative work according to law into the scope of administrative law enforcement agency annual performance evaluation, as an important content of the examination of the annual work. 17th system of administrative law enforcement statistics.

Administrative law enforcement organs should organize regular administrative law enforcement statistics, statistics on the administrative law enforcement work for a given period and request results in 15th at the end of each quarter to the respective city or district people's Government legal agencies to submit. Fill to the administrative law enforcement statistics statistical reports or statistical reporting forms.

    Statistical reporting format and the model statistics report, statistical papers, developed centrally by the municipal people's Government legal agencies.

Article 18th municipal and district people's Government legal agencies implement the administrative law enforcement supervision includes:

(A) administrative enforcement authority administrative license, the administrative punishment and administrative compulsory, administrative fees and other administrative acts are legitimate and in accordance with the provisions of the relevant rules of discretion;

(B) the administrative law enforcement agencies establish and implement administrative and reporting system;

(C) administrative law enforcement organs and administrative law enforcement entity is legitimate for law enforcement personnel;

(D) the system of legal knowledge examination before doing any of the leaders of law enforcement agencies;

(E) administrative law enforcement management use;

(F) the filing system of administrative law enforcement organs perform major administrative punishment;

(VII) administrative law enforcement organs to establish and implement the administrative law enforcement responsibility system, administrative enforcement evaluation system and the fault responsibility investigation system of administrative enforcement;

(H) the establishment and implementation of the statistical system of administrative enforcement of law enforcement agencies;

    (IX) other matters should supervise.

19th of municipal and district people's Government legal agencies to take regular inspections, occasional spot checks, accepting and handling complaints, special inspections, record reviews, including day-to-day administrative law enforcement supervision and inspection work in fulfilling its oversight responsibilities.

    Of the major administrative law enforcement, city or district people's Government legal agencies may, in conjunction with, or train with the specialized oversight body, organized special examinations or joint inspection according to law. 20th of municipal and district people's Government legal organization of citizens, legal persons or other organizations on the administrative law enforcement, reporting, shall, upon receiving the complaint, report within 3 working days from the date the decision whether to accept the case and inform the complainants or informants.

Reject the complaint filed, it shall explain the reasons.

Municipal and district people's Government legal agencies by receiving complaints and reports of other discovery matters of administrative law enforcement supervision, shall be filed within 3 working days from the date of discovery.

On administrative mediation, administrative reconsideration or administrative litigation matters, including, municipal and district people's Government legal agencies in deciding whether to file at the same time, it shall promptly inform the parties may apply for administrative mediation, administrative reconsideration or bring an administrative suit. Municipal and district people's Government legal organization decided to file cases of administrative law enforcement supervision, shall decide within 30 working days from the day of filing decision. In special circumstances, approved by the heads of legal institutions, can be extended by 10 working days. 

    Results shall timely inform the relevant authorities and the parties concerned.

21st of municipal and district people's Government legal agencies in administrative law enforcement and supervision work, generally in accordance with the following procedures:

(A) to the relevant administrative law enforcement agencies issued the notice of administrative law enforcement supervision;

(B) receiving the notice of administrative law enforcement supervision of administrative law enforcement authorities shall, within the period provided for in the notice of administrative law enforcement supervision to the municipal and district people's Government legal responses;

(C) municipal and district people's Government legal agencies deemed necessary, can be taken in the course of supervision of the measures provided for in this article 23rd carry out oversight work;
(D) municipal and District Legislative Affairs Agency verify finds administrative law enforcement organs and administrative violations committed by law enforcement officials, issued to administrative law enforcement organs of the written decision of administrative law enforcement supervision.

Municipal and district people's Government when the monitor was made legal instruments shall bear the Special seal for the people's Governments at the corresponding level of administrative law enforcement supervision. 22nd administrative law enforcement organs should perform according to the requirements of the written decision of administrative law enforcement supervision. Administrative law enforcement organs of the written decision of administrative law enforcement supervision is dissatisfied, he can receive the administrative law enforcement supervision within 10 working days from the date of the decision, to the making of the decision of the administrative law enforcement supervision municipal or district people's Government legal agencies apply for a review. City and District Legislative Affairs Office shall within 15 working days from the date of receipt of applications for review review.

During the review of the written decision of administrative law enforcement supervision does not stop execution.

    Administrative law enforcement organs are not checked, and meet its obligations under the administrative law enforcement supervision of decisions, municipal and district people's Government legal agencies in accordance with the present article 26th, 29th article drew attention to the right authorities for processing.

23rd of municipal and district people's Government legal agencies in administrative law enforcement and supervision work, you can take the following measures: (a) access to relevant administrative law enforcement files, documents or information;

(Ii) asked the administrative staff in the administrative law enforcement by law enforcement agencies or related;

(C) asked the citizens, legal persons or other organizations and (iv) to take an identification, assessment, testing, inspection, relevant State organs, experts and consultancy, supervision measures such as organizing public hearings;

    (E) other measures that could be taken in accordance with law.

    24th article for the illegal facts are clear, minor, accountable for administrative enforcement actions, made by the administrative law-enforcement organs of executive action is a member of city or district people's Government legal organs agreed, take the field coordination process, on-site shall be ordered to correct summary. 25th of municipal and district people's Government legal agencies in investigations or inspections, administrative law enforcement supervision shall be not less than 2.

Found at the scene except in the cases and the need to correct the illegal law enforcement. Municipal and district people's Government legal agencies in supervising and inspection shall be made to the administrative law enforcement organs and administrative law enforcement supervision, produce the certificate of administrative law enforcement supervision and inspection.

Administrative law enforcement organs and administrative law enforcement personnel shall be subject to supervision and truthfully report the situation in time, provide relevant information.

Administrative law enforcement supervision and the supervision of the personnel by the contractor himself or his close relatives have a direct interest, should be avoided.

    Documentation of administrative law enforcement supervision and inspection by the city Legislative Affairs is responsible for. 26th article administrative law enforcement organ and administrative law enforcement personnel violation this approach, has following case one of of, by administrative law enforcement organ belongs of city or District Government of legal institutions ordered corrected, and Visual plot drew attention to the this level Government give informed criticism: (a) not established or not by requirements implementation complaints and reported accepted system, and administrative law enforcement subject qualification certification system, and leaders any Qian legal knowledge exam system, and administrative law enforcement personnel training system, and administrative law enforcement holding card induction system, and administrative law enforcement documents management system, and

Major administrative punishment system, system of administrative law enforcement responsibility, administrative enforcement evaluation system and administrative system of fault responsibility investigation system of law enforcement and administrative statistics;

(B) without justification, fails to reply to the notice of administrative law enforcement supervision or not of the implementation of the decision of the administrative law enforcement supervision;

    (C) any other law, dereliction.

27th chief law enforcement officers in violation of these regulations, any of the following circumstances, by the administrative law-enforcement agencies is a member of the city or district people's Government legal agency ordered corrective action and the circumstances are serious, withholding their administrative documents: (a) an implementation of the administrative license, the administrative punishment or administrative charges, administrative enforcement of administrative enforcement actions, such as;

(B) the breach of the relevant provisions on administration of administrative law enforcement;

(C) others should suspend certificate of administrative law enforcement cases.

Municipal and district people's Government legal agencies withhold administrative law enforcement documents, shall withhold documents within 3 working days from the date of written notice, withhold documents administrative law enforcement personnel unit.

Administrative law enforcement personnel were temporarily suspended during administrative law enforcement documents shall not engage in law enforcement activities, the unit should be relevant law enforcement education and training.

    Withholding certificate of administrative law enforcement more than the period 15th to 30th.

28th administrative law enforcement personnel shall have one of the following, by the administrative law-enforcement organs belong to municipal or district government bodies for the attention of the legal system of issuing authority may revoke a certificate of administrative law enforcement:

(A) subject to criminal punishment or reeducation through labor disposition;

(B) is more than 2 times by withholding certificate of administrative law enforcement;

(C) be dismissed sanctions being prosecuted administratively or because of law enforcement fault more than twice; (iv) in dereliction of duty, abuse of administrative law enforcement activities, causing serious consequences;

(E) any other documents of administrative enforcement shall be revoked.

    Administrative administrative law enforcement certificate has been revoked by law enforcement officials, should be reassigned from administrative law enforcement position with their employer.

    29th administrative law enforcement organs and administrative law enforcement personnel shall disobey 26th, 27th, 28th of the rules, administrative law-enforcement organs belong to municipal or district people's Government also specifically recommends that the authority of the legal system of administrative law enforcement officials and persons to administrative accountability or administrative action.

30th of municipal and district people's Government legal agencies in administrative law enforcement supervision in administrative law-enforcement organs found violations of financial regulations or administration of administrative discipline violations by law enforcement officials, shall notify or recommends that the specialized oversight body such as auditing and supervision, specifically the supervisory authority should be informed of the results, the district people's Government legal agencies.

    Municipal and district people's Government as found in rule of law institutions in the administrative law enforcement supervision pursuant to the relevant provisions of the law of administrative enforcement, should be required to make amendments or repeal of comments or suggestions.

    31st of municipal and district people's Government legal and administrative supervision of law enforcement personnel in law enforcement and supervision in the process of violating party disciplines, such as by the supervisory departments to be dealt with in accordance with the relevant provisions.

    32nd people's Government administrative law enforcement organs at higher levels to lower-level people's Government administrative law enforcement organs and administrative duties within the law enforcement agencies in accordance with the applicable administrative law enforcement supervision activities of this approach.

    33rd article this way to specific problems in the application of the municipal people's Government agency is responsible for the interpretation of the legal system. 

    34th article of the referred to the "upper" and "lower", contains a number.

    35th relevant period herein provided, in accordance with the relevant provisions of the civil procedure law. 36th these measures come into force February 1, 2012.