Harbin Municipal Administrative Accountability Requirements

Original Language Title: 哈尔滨市行政问责规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368201.shtml

Harbin municipal administrative accountability requirements

    (February 12, 2012 Harbin municipal people's Government at the 2nd Executive meeting February 15, 2012 Harbin municipal people's Government released 1th March 15, 2012) Chapter I General provisions article in order to strengthen the Executive and staff management and supervision, perform their duties according to law and improve administrative efficiency, in accordance with the People's Republic of China on administrative supervision law and the People's Republic of China provisions of the public service act and other laws and regulations, this provision is enacted.

    Second article City Government belongs work sector and district, and County (City) Government and belongs work sector, and township government, and subdistrict offices, legal, and regulations authorized of has public affairs management functions of organization, administrative organ law delegate engaged in public affairs management of Organization (following collectively administrative organ) in the engaged in corporate of staff, not perform, and illegal perform, and improper perform duties, damage public interests and administrative relative people lawful rights and interests of, or caused bad social effect of, in accordance with this provides be administrative asked accountability.

    Article III administrative accountability should adhere to the powers and responsibilities of a unified, fair and just wrong, and will investigate, the principle of combining education with punishment, achieve clear facts and evidence, accurate, legal, procedures to process the appropriate and complete.

Fourth administrative accountability by government leadership, supervisory organs responsible for organization and implementation.

City, district and County (City) a monitoring body responsible for cadre management authority of administrative organs and other specific administrative accountability of staff.

Designated by the supervisory bodies or institutions of the executive authorities (hereinafter referred to as administrative accountability of the Executive Agency), which is responsible for the Administration in addition to staff in the second paragraph of this article other than the specific work of administrative accountability.

    Supervisory organs may consider necessary, to direct administrative organs at the same level of administrative accountability institutions or lower supervisory bodies responsible for cases of administrative accountability. 

Fifth article monitored organ in administrative asked accountability work in the should perform following duties: (a) Guide, and supervision sibling administrative organ administrative asked accountability institutions and Xia level monitored organ of administrative asked accountability work; (ii) research administrative asked accountability work in the appeared of major problem, and to this level Government proposed corresponding recommends; (three) accepted, and survey administrative asked accountability case, and proposed intends processing recommends; (four) statistics, and analysis this administrative of administrative asked accountability situation; (five) this level Government assigned by of other administrative asked accountability work. 

    Administrative accountability of the executive bodies responsible for receiving, investigating cases of administrative accountability of the Executive, proposed treatment, and accept the guidance and supervision of the supervisory organs at the same level. 

    Sixth administrative organ shall strictly follow the laws and regulations, rules, policies, and decisions and orders of the superior, deployed, ensure that Government decrees to improve administrative efficiency, and protect the legitimate rights and interests of citizens, legal persons and other organizations.

    Chapter II administrative accountability

Seventh administrative organs in violation of regulations decision or policy mistakes, any of the following circumstances shall be accountable:

(A) decisions according to law and do not make decisions or decisions in a timely manner, resulting in heavy losses or adverse social impacts;

(B) beyond the statutory authority to make decisions, resulting in heavy losses or adverse social impacts;

(C) does not make decisions according to prescribed procedures to the detriment of public interests and legal rights of administrative relative person;

(Iv) make decisions and laws, rules and regulations, policies and decisions and orders of the superior contradicts the public interests and legal rights of administrative relative person;

(E) the policy mistakes, repeated construction and wasting of resources, resulted in significant casualties and property damage, ecological and environmental damage and other serious consequences, or adverse social impacts;

(Vi) found that mistakes, errors or misconduct, not correct, correction or adjustment, resulting in heavy losses or adverse social impacts;

    (VII) other circumstances that violates the provisions of decision or policy mistakes.

Eighth administrative organs and other staff, chaotic and slow as, as, any of the following circumstances shall be accountable:

(A) does not implement the laws, regulations, rules, policies and the superior of the direction, decision, order, delay does not do, and not do, with orders;

(Ii) economic development environment, damage their legitimate interests, the order of social administration, urban management, and illegal activities do not stop, do not investigate, ineffective supervision;

(C) against the life or health of the public, such as public safety, failed to carry out supervision and inspection, testing, inspection, and quarantine duties, triggering security incidents;

(D) shall perform the protection of citizens, legal persons and other legal rights without fulfilling the statutory responsibilities of the Organization;

(E) can resolve to the reasonable demands of the masses and not solve or resolve poorly;

(Vi) administrative actions beyond the statutory authority, and violates the legal proceedings, brutal, arbitrary enforcement of law enforcement;

(VII) checks, fees, levy, fund-raising, fines;

(VIII) on the administrative relative person cards, or require the counterpart to accept paid services, the purchase of specified items and other non-statutory obligations;

(I) in violation of regulations, greetings, pitiaozi, prompt, specify, or force or any other means, influence and intervention in the market economy activities;

(J) the interception, detention, and crowding out or misappropriating special funds and Government funds in escrow;

(11) within the areas of responsibility inadequate supervision, case of major incidents, events, or series of accidents, incidents and cases;

(12) inadequate response to sudden, mass events, mismanaged, resulting in worse;

(13) the superior authority to determine work objectives, assigned by the matter and should be handled within the scope of responsibility, cannot be completed within the prescribed time without good reason, or finger-pointing between the executive authorities and shirking responsibilities;

(14) consists of several administrative agencies handling matters, hosting the Executive authority does not take the initiative to take the lead to coordinate, assisted by the executive authorities do not actively support, resulting in delays;

(15) the false claim and skimming, late, fail to public emergencies, major accident, major epidemics, disasters or other significant conditions;

(16) the executive authorities of the direction, decision, order or fulfill the duties, fraud, cheating higher authorities or the public;

(17) refused to implement the judgments of the Court entered into force, decisions and decisions of administrative reconsideration organs to take effect;

    (18) other omissions, as, slow, fake and a situation.

Nineth internal management and oversight of the Executive, any of the following circumstances, the executive authorities should be relevant leading cadres and staff members to be accountable:

(A) the inefficiency, poor quality of services or the masses of this problem without timely improvements in the work of the Executive, have a negative social impact;

(B) the outstanding first-inquired responsibility system, limited to handle system and other work to the detriment of legal rights of administrative relative person;

(Iii) the internal management problems left untreated, to the administrative authority of violation concealing, harboring and shielding and conniving;

(Iv) incite, instigate, condone the executive staff impeding the supervision or case investigation, intervention, confrontation, or investigators, complainants, informers, complainants retaliation;

    (E) other internal management and oversight of the case.

Tenth administrative organs in violation of code of conduct, any of the following circumstances shall be accountable:

(A) delays, to muddle through, instructions and orders of their leaders fell on deaf ears;

(B) the administrative relative person of arbitrariness, intentionally, or of conflict due to uncivil;

(C) violation of the working discipline, work, discipline and lax, engaged in activities not related to work on the job, have a negative social impact;

(D) fraud, cosmetic, leadership and administrative relative person of deception;

(V) violate the provisions of probity;

    (Vi) any other violation of code of conduct.

    11th except as provided in the seventh, eighth, Nineth and tenth article of administrative accountability cases, laws, rules and regulations on administrative authorities provisions of administrative accountability of staff, in accordance with the provisions of relevant laws, rules and regulations.

    Chapter III administrative accountability and application

12th administrative accountability:

(A) order the rectification;

(B) order the written examination;

(C) order the public apology;

(D) notice of criticism;

(E) the commandments conversation;

(Vi) suspended;

(VII) out of jobs;

(VIII) to resign;

(I) be ordered to resign;

(J) the demotion or removal from Office;

(11) the accountability provisions of other laws, rules and regulations.

    Administrative accountability provisions of the preceding paragraph of this article can be applied individually or jointly.

13th under any of the following circumstances, it shall be given a heavier treatment: (a) refuse to correct our mistakes and (ii) to conceal the truth, interfere with, impede the work of administrative accountability, and (iii) to the complainant, the Prosecutor and the accused person revenge;

(D) play a major role in the common behavior; 

    (E) is given within one year of administrative accountability more than twice, and (vi) other prescribed circumstances that warrant the harsh handling.

    14th under any of the following circumstances, may be given a lighter or mitigated treatment: (a) active account should be the Executive Accountability Act; (b) to actively cooperate with the investigation or has performed meritorious service; (iii) actively take measures to avoid or recover their losses, elimination of adverse effects, and (iv) other circumstances that may be lighter or mitigated in accordance with regulations.

    Fourth chapter of administrative accountability procedures

15th the following can be used as administrative accountability source:

(A) submitted by citizens, legal persons and other organizations with relevant evidence of complaints, reports and complaints;

(B) instructions from higher authorities, and instructions;

(C) the NPC deputies and CPPCC National Committee members to pass the Bill, proposals in the form of accountability put forward recommendations;

(D) supervisor or people's congresses, government accountability recommendations in law enforcement supervision and inspection;

(E) administrative supervision, the performance evaluation, the Government legal system, safety, audit, complaint letters and calls departments or agencies in the performance of its duty of accountability recommendations made;
(F) accountability recommendations of the judicial authorities;

(VII) the news media should be administrative accountability;

    (VIII) other sources of case of administrative accountability. 16th article city and district, and County (City) monitored organ in daily supervision work in the or through this provides 15th article by column case source, found cadres management permission within of administrative organ leaders and other staff has administrative asked accountability case of, should to this level Government main led or is in charge of led proposed asked accountability recommends, by this level Government main led or is in charge of led approved Hou started administrative asked accountability program; Government main led or is in charge of led found administrative organ leaders and other staff has administrative asked accountability case of

Can be directly decided to start the administrative accountability program.

    Monitoring the main leaders or authorities, in accordance with the level of Government in charge of the leadership's instructions, should set up investigation teams to carry out investigations.

17th article administrative organ administrative asked accountability institutions in daily supervision work in the or through this provides 15th article by column case source, found this administrative organ staff has administrative asked accountability case of, can to this administrative organ head proposed asked accountability recommends, by this administrative organ head approved Hou started administrative asked accountability program; administrative organ head found this administrative organ staff has administrative asked accountability case of, can directly decided started administrative asked accountability program.

    Administrative accountability of the executive bodies in accordance with the instructions of the head of the executive authorities, conduct investigation, the investigator shall not be less than two. 18th investigators to conduct investigations, shall hear the statements from investigators and plead and be recorded.

On the reasonable views, should be adopted inadmissible, it shall explain the reasons.  

    Investigators should be matched accurately to explain the situation.    

    19th investigators and investigators have an interest, may affect the fair treatment should be avoided by the regulation.

Article 20th investigation ended, the supervisory organ or administrative accountability of the Executive Agency shall propose a written investigation report and comments submitted to this level of Government or member of the executive leadership collective discussions, administrative accountability, exempted from accountability or no administrative accountability decisions.

    For the facts are clear and do not require investigation, administrative accountability authorities can directly make a decision of administrative accountability.

21st administrative accountability in accordance with the provisions of article, written administrative accountability decisions need to be made, shall be set out in the written decision of administrative accountability in the following: (a) be accountable the person's name, position, levels, and other basic information, (ii) upon verification of administrative accountability should be fact; 

    (C) administrative accountability and basis; (iv) appealed against the decision of administrative accountability approaches and deadlines for applications for review, appeals and (v) the seal of the administrative accountability authorities and the date of the decision. 

22nd decision of administrative accountability authority shall make a decision of administrative accountability within 3rd day of service of the decision of the administrative accountability being accountable staff. Administrative accountability result should be within a certain range.

    Accountability by administrative acts have a negative social impact, its administrative accountability result should be open to the public.  

    Article 23rd or investigated by investigators leading the executive authorities obstruction or interference with the investigation of the case of administrative accountability, treatment, if the circumstances are serious, the supervisory organ or administrative accountability of the executive bodies can draw attention to the Government or the competent authority in accordance with the relevant provisions. 

    24th by accountability officials and violations of disciplines should be given administrative sanctions by the supervisory authorities or the competent authority in accordance with the relevant provisions of violation of party discipline, transferred to the discipline inspection organs dealt with suspect, transferred to judicial organs for handling.

25th article was asked accountability personnel on administrative asked accountability decided refuses to of, can since received administrative asked accountability decided book of day up 30th within to made administrative asked accountability decided of organ application review; on review decided refuses to of, can since received review decided book of day up 15th within to made review decided organ of Shang a level organ proposed complaints; also can not by review, since received administrative asked accountability decided book of day up 30th within directly proposed complaints.

    Municipal people's Government decision to review decision is final. 

26th review agency should be since the date of the request for revision was inadmissible in the 30th review of decision and the applicant. 

Complaint bodies should make a complaint within 60 days from the date of receipt of the appeal decision and the applicant authorities and former administrative accountability; of the complexity of the case, may be appropriately extended, but of not more than 30th. 

During the review, appeals originally decided not to stop execution of administrative accountability. 

    Persons may not apply for a review, the accountability complaint was increased.

   27th after an agency audit of review, appeals should be dealt with in accordance with the following provisions:

   (A) the original decision the correct administrative accountability, upheld the decisions of administrative accountability;

   (B) the original decision listed the fact that administrative accountability does not exist, or it is not clear that the evidence is insufficient, to withdraw the original decision of administrative accountability;

   (C) the original decision in violation of regulations of administrative accountability procedures, and affect the impartial handling of, the original administrative accountability authorities reopen; 

    (D) the original decision clearly administrative accountability, but accountability the circumstances of identified errors or errors by applicable laws and regulations, you can directly change the administrative accountability.

    28th personnel by accountability accountability for errors, administrative accountability decisions should be correct; resulting in loss of reputation, should be made public in the decisions of administrative accountability in the context of rehabilitation, eliminating the effects.

    The fifth chapter by-laws 29th article of the regulations come into force on March 15, 2012. Released September 25, 2007, Harbin municipal people's Government administrative organs accountability interim measures be repealed simultaneously.