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Harbin Municipal Administrative Accountability Requirements

Original Language Title: 哈尔滨市行政问责规定

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Administrative accountability provisions in the city of Hara

(The 2nd ordinary meeting of the People's Government of the city of Harmira, 12 February 2012, considered the publication of the Government Order No. 1 of 15 February 2012 effective 15 March 2012.

Chapter I General

Article 1, in order to enhance the management and supervision of the staff of the executive organs, promote the performance of their duties in accordance with the law, regulations and regulations of the National People's Republic of China's Administrative Monitoring Act, the Civil Service Act of the People's Republic of China.

Article 2

Article 3. Administrative accountability should uphold the principles of accountability, equity, integrity, coherence, education and punishment, which are clear, substantiated and precise, correct, procedural legitimacy and integrity.

Article IV. Administrative accountability is led by the Government, which is responsible for organizing implementation.

The municipal and district, district (community) inspection bodies are responsible for the specific work of the executive branch within the management authority of the Ministry and other staff for administrative accountability.

The supervisory body of the executive branch or the designated body (hereinafter referred to as the administrative accountability body of the executive organ) is responsible for specific work on administrative accountability for other staff members other than those provided for in paragraph 2 of this article.

In the opinion of the inspectorate, administrative accountability cases are directly handled by the same administrative body, or at the lower level, as necessary.

Article 5: The inspection body shall perform the following duties in administrative accountability:

(i) Guidance, oversight of the administrative accountability of the same administrative organs and administrative accountability at the lower level of inspection bodies;

(ii) To study important issues arising from the work of administrative accountability and make consequent recommendations to the current people's Government;

(iii) To receive, investigate administrative accountability cases and make recommendations to be addressed;

(iv) Statistics, analysis of administrative accountability in the current administrative region;

(v) Other administrative accountability work undertaken by the Government of the people at this level.

The administrative accountability body of the executive branch is responsible for receiving, investigating cases of administrative accountability of the executive organs of the present administration, proposing comments to be processed and receiving guidance and oversight from the peer inspection body.

Article 6. Staff members of the executive organs shall strictly enforce laws, regulations, policies and decisions, orders, deployments, ensure that political orders are made accessible, improve administrative effectiveness and guarantee the legitimate rights and interests of citizens, legal persons and other organizations.

Chapter II Administrative accountability

Article 7.

(i) Be determined by law without decision-making or in a timely manner, causing significant loss or adverse social impacts;

(ii) Existence in the decision-making process leading to significant losses or adverse social impacts;

(iii) No decision-making in accordance with the prescribed procedure undermines the legitimate rights and interests of public interest and administration;

(iv) The decisions taken are incompatible with legal, regulatory, policy and superior decisions, orders that undermine the legitimate rights and interests of public interest and administration;

(v) Disadvantages in decision-making that result in duplication of effort, waste of resources, serious human casualties, property losses, ecological environmental damage or adverse social impacts;

(vi) Identify errors, errors or omissions of decision-making, in a timely manner correcting, changing or adapting, causing significant loss or adverse social impacts;

(vii) Other violations of the provisions of decision-making or decision-making error.

Article 8

(i) Failure to follow up on laws, regulations, policies and superior instructions, decisions, orders, orders, delays and omissions;

(ii) Unchecked, unchecked and unregulated regulation of offences affecting the economic development environment, damaging the legitimate interests of investors, impeding the social management order, affecting urban management;

(iii) In the area of public safety, such as public life and physical health, there is no oversight, inspection, testing, detection, quarantine, etc. to trigger security incidents;

(iv) The legal duty to protect the legitimate rights and interests of citizens, legal persons and other organizations should not be fulfilled;

(v) A reasonable claim to the mass can be addressed without a timely resolution or resolution;

(vi) To transcend statutory authority and conduct administrative acts in violation of statutory procedures, barbaric law enforcement and arbitrary enforcement;

(vii) Examination, incest charges, inclination, incest assessment and incest;

(viii) In the case of a relative administrative officer, Rennaca, or require the administrative relative to receive paid services, the purchase of designated commodities and other illegal obligations;

(ix) In violation of the provisions, the use of calls, awards, designations, powerful orders, which affect and interfere with the economic activities of the market;

(x) Excluding, retaining, crowding or misappropriating funds earmarked for financial purposes and government funds;

(xi) Inadequate regulation within the purview of the responsibility, serious accidents, incidents, cases or continuing accidents, incidents, cases;

(xii) The failure to deal with sudden-onset, group-specific events and the failure to deal with them, resulting in a deterioration of events;

(xiii) Matters that should be addressed within the scope of the work objectives established by the superior organs, matters to be carried out and responsibilities should not be completed within the prescribed time frame or between the executive branch and invoking responsibility;

(xiv) In matters to be handled jointly by several administrative organs, the hosting of administrative organs is not led by the proactive coordination of the coordination of the administrative organs of the organization, resulting in delays in work;

(xv) Expropriation of reports, false reports, late reports, omissions of public emergencies, major liability accidents, major epidemics, floods or other important circumstances;

(xvi) In implementing instructions, decisions, orders or responsibilities of the superior organs, the misappropriation of superior organs or the public;

(17) To reject the decision of the People's Court to enter into force, to decide on the entry into force of the executive review body;

(xviii) Other cases of omission, incest, slower use and falseness.

Article 9. Internal management and oversight within the executive branch, with one of the following cases, should be accountable to the relevant leadership and staff of the executive branch:

(i) The inefficiencies, poor quality of services, or the lack of timely improvement in the work of the public-representative executive body, which has adverse social consequences;

(ii) Inadequate implementation of the first system of work, such as a system responsible for systematization, a time limit, which undermines the legitimate rights and interests of the administrative relative;

(iii) Removal of problems arising from internal management, concealing, supporting, condoning and condoning violations by this administrative body;

(iv) Applicate, refer to obstruction, intervention, counter-monitoring or investigation of cases by staff of this administrative body, or against the custodian, the complainant, the prosecution and the accused;

(v) Other internal management and oversight.

Article 10

(i) To carry out cranes, paying due diligence, disregarding instructions and orders for leadership;

(ii) Arrogance of the relative attitude of the administration, wilful harassment or conflict resulting from a lack of civilization;

(iii) In violation of the discipline of work, the misappropriation of work, the indiscipline of discipline and the conduct of activities that are not related to work during the course of work, causing adverse social consequences;

(iv) Discussing falsely, making a prima facie article, decepting leadership and the relative executive;

(v) Violations of integrity provisions;

(vi) Other violations of the norms of conduct.

Article 11, in addition to administrative accountability under Articles 7, 8, 9, 10 and 10 of the present article, provides otherwise for the administrative accountability of the staff of the administrative organs, in accordance with the relevant laws, regulations, regulations and regulations.

Chapter III Administrative accountability modalities and application

Article 12. Modalities for administrative accountability:

(i) Removal of deadlines;

(ii) A written inspection order;

(iii) An open apology;

(iv) To inform criticism;

(v) To caution against statements;

(vi) Suspension inspection;

(vii) Removal of jobs;

(viii) The resignation;

(ix) Resignation of the order;

(x) Degradation or dismissal;

(xi) Other means of accountability under laws, regulations and regulations.

Administrative accountability under this article may be applied separately or consolidated.

One of the following conditions in Article 13 shall be addressed again:

(i) To reject the correctness;

(ii) Condition of facts, interference and obstruction of administrative accountability;

(iii) Counter retaliation against the complainant, the prosecution and the accused;

(iv) The main role of common conduct;

(v) Over two years of administrative accountability;

(vi) Other cases that should be addressed in accordance with the provisions.

Article 14.

(i) Activing to be administratively accountable;

(ii) To cooperate actively in the investigation or in the performance of its functions;

(iii) Active measures to effectively avoid or recover losses and eliminate negative impacts;

(iv) Other cases that may be dealt with under the provisions.

Chapter IV Administrative accountability procedures

The following cases may be used as a source of administrative accountability:

(i) Complaints, prosecution, charges and charges filed by citizens, legal persons and other organizations with relevant material of evidence;

(ii) Directions and instructions from the superior organs;

(iii) Accountability recommendations in the form of Bills, proposals, etc., submitted by a representative of the human person, a member of the Government;

(iv) Accountability recommendations made at the superior or at the same level and in the Government's enforcement inspection;

(v) Accountability recommendations made by public oversight, government performance appraisal, government rule of law, security production, audit, correspondence visits or institutions in the performance of their duties;

(vi) Accountability recommendations made by the judiciary;

(vii) The media should be exposed to administrative accountability;

(viii) Other sources of administrative accountability.

Article 16, the municipal and district, and district (market) inspection bodies, either in their daily oversight work or through the source of cases listed in article 15 of this provision, found that the executive heads within the management authority of the entrepreneur and other staff had administrative accountability situations, should make recommendations for accountability to the principal leadership of the Government, initiate administrative accountability procedures after the principal leadership of the Government or the sub-heading of approval; the main leadership of the Government or head of the executive branch, as well as other staff, could trigger administrative accountability procedures.

In accordance with instructions from the main leadership or head of the current Government, the inspection body should be established to conduct investigations.

Article 17 Administrative accountability institutions, either in their regular oversight work or through the source of cases listed in article 15 of this provision, have found that the staff of this administrative body have administrative accountability circumstances and can make recommendations to the head of the executive body for the commencement of administrative accountability procedures, with the approval of the heads of the executive branch; the executive heads have found that the staff of this administrative body have administrative accountability circumstances and may decide directly to initiate administrative accountability procedures.

The administrative accountability body of the executive branch conducts investigations in accordance with instructions from the head of this administrative body and the investigators are not less than two.

When an investigation is conducted by an investigating officer, statements and pleas by the investigating person should be heard and recorded. It should be adopted on the basis of its reasonable opinions; it should be justified.

The investigators should cooperate with them, as is true.

Article 19 Investigation personnel should be avoided as prescribed by law, in the interest of the persons surveyed and may affect the fair treatment of cases.

Article 20 of the survey closed and the administrative accountability body of the inspectorate or administrative organs should form a written investigation report and make proposals to deal with the views to be submitted to the current Government or to the leadership members of this administrative body for administrative accountability, exemption from administrative accountability or decision not to be administrative accountability.

Administrative accountability decisions may be taken directly by the administrative accountability decision organs when the facts are clear and do not require the investigation.

Article 21 provides administrative accountability in accordance with this provision and requires written administrative accountability decisions, which shall contain the following elements in the administrative accountability decision:

(i) The names, functions, level and work units of the responsible person;

(ii) The fact that administrative accountability should be confirmed;

(iii) Administrative accountability modalities and basis;

(iv) No administrative accountability decision on the means and duration of application for review, complaint;

(v) The chapter of the executive accountability decision body and the date of the decision.

Article 2: The executive accountability decision shall be sent by the executive accountability decision to the accountability person within three days of the date of the administrative accountability decision.

The results of the administrative accountability process should be made public within a certain scope. The behaviour of administrative accountability has a negative social impact, and the results of their administrative accountability should be made public to society.

Article 23 is subject to investigation, treatment or intervention by an investigating administrative authority in cases of administrative accountability, which is serious, and the administrative accountability body of the inspector or administrative organs may be brought to the Government or to the authorities concerned in accordance with the relevant provisions.

Article 24 shall be disposed of by the responsible person in violation of the political class by the inspector or the relevant organ in accordance with the relevant provisions; the transfer of disciplinary inspection bodies in violation of party discipline; and the transfer of suspected crimes to the judiciary.

Article 25. The decision of administrative accountability by the responsible person may apply for review by the organ taking administrative accountability decisions within thirty days of the date of receipt of the administrative accountability decision; the non-consistency of the review decision may be filed by the superior organ of the review body within 15 days of the date of receipt of the review decision; or, without review, a direct complaint from the date of the receipt of the administrative accountability decision.

The Government's review decision is final.

Article 26 The re-licensing body shall make a review decision and send the applicant within thirty days of the date of receipt of the review.

The author of the complaint shall, within sixty days of the date of the receipt of the complaint, make a complaint processing decision and send the applicant and the former administrative accountability decision body; the complexity of the case may be extended appropriately, but the extension shall not exceed thirty days.

The administrative accountability decisions taken during the review and the appeals period are not discontinued.

An accountability officer may not be subject to increased application for review and appeals.

The following provisions should be dealt with after the review by the competent organ of the review and complaint is examined:

(i) The original administrative accountability decision is right and the maintenance of the original administrative accountability decision;

(ii) The facts set out in the original administrative accountability decision are not present or are not clear, the evidence is insufficient and the removal of the original administrative accountability decision;

(iii) Previous administrative accountability decisions that violate the prescribed procedures, affect fair treatment, and are re-examined by the former administrative accountability decision organs;

(iv) The facts of the original administrative accountability decision are clear, but the determination of the circumstances of the accountability act is wrong or the application of the law, legislation or error can be changed directly.

Article 28 was wrongly held by the responsible person and the executive accountability decision should be corrected in a timely manner; the loss of honour should be restored in the context of the publication of administrative accountability decisions.

Chapter V

Article 29 The provisional approach to the leadership of the executive branch of the city of Harhama, issued on 25 September 2007, was also repealed.