Guangzhou Administration Assessment Methods

Original Language Title: 广州市依法行政考核办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369144.shtml

Guangzhou Administration assessment methods (February 20, 2012 Guangzhou Government 5th times Executive Conference considered through March 16, 2012 Guangzhou Government makes 68th, announced since May 1, 2012 up purposes) first article for full advance law administrative, speed up rule of law Government construction, according to State on issued full advance law administrative implementation platform for of notification (country sent (2004) 10th,), and State on strengthening City County government law administrative of decided (country sent (2008) 17th,) and

    Opinions on strengthening the construction of Government governed by law of the State Council (guofa (2010), 33rd) and other relevant provisions, combined with the city's actual, these measures are formulated.

    Second law examination in these measures refers to higher people's Government for the next level people's Government, and the people's Governments at the corresponding level of the departments administrative work according to law examination, evaluation of a supervision system.

    Article III administrative work according to law within the administrative area of the city, these measures shall apply.

    Article fourth administrative review shall follow fair, open and transparent, the principle of unified leadership and graded responsibility.

    Fifth of municipal, district and County Municipal establishment of the deliberation and coordination agencies of administration by law is responsible for the administrative administrative work according to law, specific examination work by the people's Governments at the corresponding level legal organizations.

    Administrative work according to law may invite the representatives of the people's congresses, political consultative conference members, experts, scholars and representatives of the news media and other interested parties to attend.

    Sixth municipal people's Government is responsible for assessment, County Municipal People's Government and municipal government departments.

    District and municipal people's Government at the county level are responsible for assessment Township people's Governments, neighborhood offices and the departments of the people's Government.

    Higher people's Governments shall strengthen the lower level people's Governments according to law the administrative work of guidance and supervision.

    Superior administrative departments should strengthen guidance to subordinate administrative departments administrative work according to law.

    Article seventh vertical management departments, assessment by the superior administrative departments, and fully hear the views of the people's Governments at the same level, evaluation results a copy of people's Governments at the deliberation and coordination agencies of administration according to law.

    Dual-management sector, carried out by the people's Government at the assessment, and to fully heed the advice of the superior administrative departments, assessment results a copy of the superior administrative departments.

    Eighth administration assessment of the main contents include:

    (A) administration organization and leadership;

    (B) the effectiveness of administrative services;

    (C) the scientific and democratic decision-making;

    (D) institution building;

    (E) administrative enforcement;

    (F) open Government;

    (VII) administrative oversight;

    (H) the need to check the contents.

    Evaluation index system of administration by law shall be separately formulated by the Administration assessment bodies, and reported to the people's Government at the examination and administration assessment on behalf of the institution to the public.

    Nineth administrative work according to law the basic requirements of organizational leadership:

    (A) as basic guidelines for government administration, running through the various aspects and links;

    (B) establish administrative leadership, oversight and coordination mechanisms, the Executive heads in the discharge of duties of the first person, develop concrete ways to promote administration according to law and measures to implement tasks of administration according to law periodical and annual work, establish and perfect evaluation system of administrative supervision according to law;

    (C) establishment of administrative accountability system, monitoring bodies responsible for organizing, guiding, supervising Government departments administrative accountability, government accountability in accordance with cadre management authority;

    (D) establish sound leaders and executive staff learning systems, strengthen the administration of administrative law enforcement personnel training and assessment, strengthening the legal literacy and legal awareness, creating sound environment for respecting law abiding, rights and interests of the whole society;

    (E) strengthening the legal construction, organization, staff commensurate with the tasks, support and supervise the Government legal organization and rule of law institutions to promote administration according to law in the performance of departments and manpower planning, comprehensive coordination, supervision and guidance, supervision and inspection duties.

    Tenth administrative effectiveness of the basic requirements:

    (A) to define and standardize the functions and powers of the executive authorities, separated from promoting the separation of politics and political assets, implementation of statutory responsibilities, organization and staffing;

    (B) improve the financial guarantee mechanism of administration by law, centralize and unify the public finance system, straighten out and standardize administrative fees and other non-tax revenues, strictly implement the "two lines of income and expenditure" system, administrative costs included in the budget be protected, centralized payment;

    (Three) Reform Administration way, specification administrative license behavior, reduced administrative license (approval) project, optimization administrative license (approval) process, reduced administrative license (approval) link, speed up electronic Chief construction, expanded Government online Office range, achieved government sector Zhijian information exchange and resources shared, established electronic monitored network, on administrative organ implementation administrative license (approval) of situation for monitored;

    (D) establish early warning and emergency mechanism to constantly improve contingency plans, for matters of emergency decision making scope, starting mechanisms, procedures, time limits, disclosure forms provided and properly handle all types of emergencies.

    11th scientific and democratic decision-making of the basic requirements:

    (A) improve administrative decision-making rules, regulation of administrative decision-making procedures;

    (B) the establishment and implementation of the major administrative decision making public participation, review of legality, collective decisions and other systems;

    (C) establish and perfect after a major administrative policy decision system of risk assessment and implementation of evaluation system, detect and correct problems in administrative decision-making, reduce losses caused by mistakes in decision-making;

    (D) establish a sound accountability mechanism for administrative decision-making to achieve unity of decision-making power and decision-making responsibility.

    12th system basic requirement:

    (A) the Organization drafted or developed regulatory documents shall comply with the provisions of laws and regulations, in strict compliance with the statutory authority and statutory procedures;

    (B) establish in drafting Government regulations, development of normative documents in the process of public participation, expert advice demonstrates, review of legality, decided collectively, listen to and accept views of explanations and publication policy;

    (C) modify, repeal of the establishment and improvement of normative documents system and normative documents valid for system, evaluation system on a regular basis.

    13th administrative enforcement of the basic requirements:

    (A) reform of the administrative system, standardize and implement the power of relatively concentrated administrative punishment, and actively promote the comprehensive administrative law enforcement pilot, explore the power of relatively concentrated administrative license established coordination mechanism of administrative disputes;

    (B) performing administrative duties according to law, achieve legal, accurate, qualitative, due discretion appropriate, law enforcement procedures, consistent with legal requirements;

    (C) the system of administrative law enforcement entity to review, the Chief law enforcement officers training exam qualifications and certificates;

    (D) the administrative law enforcement system, law enforcement, law enforcement based on content, rights and responsibilities, law enforcement, adjudication standards, procedures, specific time limits, methods of supervision to the public;

    (E) establish files comments on the system of administrative law enforcement, administrative sanctions, administrative license, the administrative enforcement of administrative law-enforcement activities, such as checking records, material evidence, a law enforcement instrument and other materials should be filing, centralized management, and regularly check the evaluation;

    (Vi) administrative law enforcement discretion, establish and enforce discretionary baseline, description of the system of administrative law enforcement system;

    (G) carry out administrative law enforcement responsibility, basis, decomposition of combs in strict accordance with law enforcement law enforcement responsibility, implementation of responsibility, implementation of responsibility and other related systems.

    14th open basic requirements:

    (A) have a corresponding open government agencies, and appoint a person in charge of the public work;

    (B) confidentiality review establishing and perfecting the message classification and information system;

    (C) to establish and improve open government assessment, social commentary, annual reporting, accountability, and provide facilities for public access to information;

    (D) the law of citizens, legal persons or other organizations in accordance with public matters;

    (E) establish a sound public affairs training, supervision and appraisal systems.

    15th administrative supervision of the basic requirements:

    (A) consciously accept supervision and question the people's congresses, and carefully go through the national people's Congress proposed, the Government should report to the national people's Congress, to the Standing Committee of the national people's Congress in accordance with law regulations and regulatory documents, annual report to the Standing Committee of the national people's Congress to promote administration according to law;

    (B) accept the CPPCC's democratic supervision, actively listened to the comments and suggestions of the people's political consultative conference, seriously handling CPPCC members proposal;

    (C) accept the judicial supervision, the people's Court actively court litigation, administrative litigation case in reply, conscientiously fulfill the people's Court shall make entry into force of the judgment or order;

    (D) the Government should improve the normative document review system, strengthened to the level people's Government departments and lower level people's Government supervision of abstract administrative act;

    (E) carrying the People's Republic of China administration reconsideration law and its implementing regulations, reception, administrative reconsideration cases a fair hearing according to law, serious and correct illegal and improper administrative action;

    (Vi) carrying the People's Republic of China Law on State compensation, and improve and strictly enforce the system of administrative compensation, establishing and perfecting the system of administrative compensation;

    (G) establish regular oversight of internal hierarchy system, strengthen the supervision of subordinate administrative organs specific administrative acts;

    (H) support and monitoring, auditing and other specialist oversight bodies independently carry out oversight work, and consciously accept the supervision and implementation of oversight bodies decisions;

    (I) improve public reporting and complaint systems, perfect reflection of the people reported, the news media to investigate, verify, process and publish works.
16th administrative examination body shall by law pursuant to these measures, combined with the level of Government Administration priorities and main objectives of the year, set annual administration review implementation plan, specific content, assessment criteria, assessment forms, scoring rules, and so on.

    Article 17th administration assessment should stick to the routine examination combined with the annual assessment, focusing on assessment combined with comprehensive assessment, internal assessment and external review combined, combining written review and on-site inspection. 18th daily assessment by administering the examination body to check out related files, documents, materials, and organized special inspections, spot checks and other means.

    Daily check the annual assessment of the situation as a test object on or. Annual assessment conducted at the beginning of next year, administration according to law by the Administration assessment of the examination body, according to the annual implementation of the programme of work.

    Annual evaluation review annual reports, listen to the work report and consult the files and file information, organized special inspections or spot checks, external review and assessment bodies of the other methods of administration according to law. External reviews can take the seminar, questionnaires, online review, written sought observations method.

    External review by the examination administration by law firms to implement, can also be commissioned by the administration according to law the examination body of other institutions.

    In the assessment work, assessment objects should follow the legal administration of the examination body, ask for legal administration of the annual report and push forward administration by law in proceedings, documents, statistical reports, records and other material. Article 19th administrative assessment imposed centesimal system, in which external review score 20%. Testing method of deduction of points, up to buckle up.

    According to the evaluation scores, divided into excellent (more than 90 points, 90 points), good (not less than 75 minutes, 90 minutes, 75 minutes), competent (not less than 60 minutes, 75 minutes, 60 minutes), fail (under 60 minutes) 4 grades. Article 20th administration preliminary examination results examination body shall notify the object under consideration. Evaluation of objection to the assessment results, within 7 working days from the date of receipt of the notification law examination written complaint with the Agency.

    Administration examination body shall within 7 working days from the date of receipt of a written complaint for verification, and will verify the result written notice to the Appeals Unit.

    Article 21st after the people's Governments at the corresponding level of the validation, the assessment results in an appropriate manner to the public, also as part of Administration report it report at the Party Committee, the Standing Committee of the national people's Congress and people's Governments at a higher level. Article 22nd administrative review into party and Government leading bodies and leading cadres implement the scientific Outlook on development evaluation system, and incentives tied to punishment and appointment of cadres. Outstanding gives awards to units and individuals in accordance with the relevant provisions of the State. Assessment results are not qualified, reprimanded and ordered to submit a written opinion of rectification, rectification.

    Administration according to law the examination body to review the corrective action results.

    23rd in a law review article of concealing facts, fraud, give notice of criticism are serious, in accordance with the relevant provisions of relevant administrative organs and their staff accountable.

    Administration according to law in checking illegal administrative acts have been described in the relevant administrative organs and their staff accountable in accordance with the relevant provisions.

    24th Government departments should refer to the approach developed assessment method and index system of administration by law in this sector, and to the organs, agencies, management and staff evaluation. 25th article this way come into force May 1, 2012. As of June 1, 2007 of the Guangzhou administrative enforcement evaluation by means of the repealed simultaneously.