Ningxia Hui Autonomous Region, Measures For Administration Of Law Enforcement

Original Language Title: 宁夏回族自治区行政执法证件管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351867.shtml

Ningxia Hui autonomous region, measures for Administration of law enforcement

    (May 5, 2011 Executive meeting of the people's Government of Ningxia Hui autonomous region, the 93rd consideration by May 6, 2011 announced, people's Government of Ningxia Hui autonomous region, the 33rd since June 6, 2011) Chapter I General provisions

    First in order to strengthen the administrative supervision of law enforcement, regulation of administrative enforcement actions, unified management of administrative documents, in accordance with the People's Republic of China on administrative punishment law and the provisions of relevant laws and regulations, combined with this practice, these measures are formulated.

    Article in this autonomous region within the administrative area apply to the application, issuance, use and administration of documents, should comply with these measures.

Article III certificate of administrative law enforcement in these measures, including the Ningxia Hui autonomous region, administrative law enforcement certificates (hereinafter referred to as the Chief law enforcement certificate) and the Ningxia Hui autonomous region, administrative law enforcement supervision certificate (hereinafter referred to as the administrative law enforcement supervision certificate).

Refers to the administrative law enforcement certificates printed by the autonomous regional people's Government, issued by the people's Governments above the county level, shows a range of administrative law enforcement personnel shall be citizens, legal persons and other organizations for administrative law enforcement qualifications.

    Is a municipality in the administrative law enforcement supervision certificate issued, executive law enforcement supervisory staff on a range of administrative law enforcement organs and administrative enforcement of administrative law enforcement personnel, supervise and inspect the certificate.

Fourth people's Governments above the county level shall strengthen leadership of the management of administrative documents.

Legal work of the Government agencies responsible for the management of administrative documents.

    City divided into districts, counties (cities and districts) people work within the institutions responsible for the administration of the legal system of administrative law enforcement management. Article fifth administrative law enforcement personnel shall be certified law enforcement, unless otherwise provided by laws and administrative regulations for certified law enforcement, but shall be held in the administrative law enforcement certificates.

Without the certificate of administrative enforcement shall not engage in law enforcement activities.

    Departments under the State Council according to the law, administrative regulations, unified system of administrative law enforcement executive administrative law enforcement personnel of law enforcement agencies, can also apply to the administrative law enforcement certificates.

    Article sixth training, test administrative law enforcement documents, business cards and other management requirements into all levels of budget earmarks.

    Chapter II administrative law enforcement application

Seventh of the administrative law enforcement certificate in accordance with the following procedures apply:

(A) administrative law enforcement organs to fill out the checklist for administrative law enforcement certificate applied for and to apply for a list sent to audit establishments of departments at; establishments of departments after the audit, issued an audit opinion and stamped with the official seal;

(B) the establishments of departments after the Audit Checklist for the administrative law enforcement certificate application and staff list people's Government at the Office of Legislative Affairs review;

(C) the people's Government at the Office of Legislative Affairs on the administrative law-enforcement organs of law enforcement entity and law enforcement personnel qualification examination, reported to the municipality Office of Legislative Affairs review;

(D) the legal work of the Government agency after a review, by the application of municipal and County (city, district) people's Government Office of Legislative Affairs Organization comprehensive legal training; the municipality Office of Legislative Affairs is responsible for the comprehensive examination of the legal training;

    (E) examinations, administrative law enforcement organs to the Ningxia Hui autonomous region, administrative law enforcement certificate application form and legal training for seafarers, and reported to the people's Government at the Office of Legislative Affairs review, followed by the people's Government at the Legislative Affairs Agency summary apply to the municipality Office of Legislative Affairs of the administrative law enforcement certificate.

    Article eighth legal work of the people's Governments above the county level body responsible for reviewing claims for administrative law enforcement entity and administrative law enforcement personnel qualifications, does not meet the requirements of laws and regulations and these rules, not for identification formalities, may issue the administrative law enforcement certificates. Nineth levels of administrative law-enforcement agencies to apply for the certificate of administrative enforcement, administrative law enforcement personnel should be comprehensive legal training and professional legal training.

Institution of comprehensive legal training and legal work of the people's Governments above the county level hierarchical organization; administrative law enforcement organs at higher levels agreed by the people's Government at the Office of Legislative Affairs, training of the system can also make unified arrangements; professional legal training by State or district administrative organization for the harmonization of the law enforcement agencies. Comprehensive legal training and professional legal training should take the test.

    Qualified, trained by the Organization authority shall issue training certificates; failed to pass the examination, shall not apply to the administrative law enforcement certificates.

Article tenth certificate apply to the administrative law enforcement personnel shall be:

(A) the executive authorities to implement the law enforcement duties of the staff;

(B) laws and regulations authorized or approved by the autonomous regional people's Government has the administrative functions of executive law enforcement functions in the organization staff;

    (C) the delegate of the executive staff executive law enforcement functions in the organization.

11th to apply for the certificate of administrative law enforcement personnel shall meet the following conditions:

(A) the loyal, law-abiding, honest, unselfish;

(Ii) has a clear administrative law enforcement positions and responsibilities;

(C) familiar with the sector, the post business and related laws, rules and regulations;

    (D) training examinations.

12th article of the administrative law enforcement certificate issued according to the following provisions:

(A) the municipality administrative enforcement bodies and Central Government in Nanjing units of law enforcement personnel of the administrative law enforcement certificate, issued by the autonomous regional people's Government Office of Legislative Affairs;

(B) districts, administrative law-enforcement agencies of law enforcement personnel of the administrative law enforcement certificate, issued by the Municipal Office of Legislative Affairs of the district;

    (C) the County (city, district) administrative law-enforcement organs of law enforcement personnel of the administrative law enforcement certificate, by the County (city, district) people's Government issued by the Office of Legislative Affairs.

    13th article of the administrative law enforcement supervision scope of certificate holders is that Government of the people's Governments above the county level, Office of Legislative Affairs and investigative organs in charge of administrative law enforcement and supervision work and staff.

    14th administrative supervision of law enforcement personnel should be familiar with the laws and rules and administrative law-enforcement business, loyalty, impartiality, have strong administrative skills.

Section 15th of the administrative law enforcement supervision certificate issued and certified personnel training, examination by the legal work of the Government agencies.

    Government of the people's Governments above the county level, Office of Legislative Affairs and investigative organs of the administrative law enforcement supervision certificate, followed by the people's Government at the Legislative Affairs Agency summary apply to legal work of the Government agencies.

    Chapter III use of administrative documents 16th administrative law enforcement personnel shall carry out enforcement activities, must be presented to the parties of the administrative law enforcement certificate.

    To not show the administrative law enforcement certificates or beyond power and regional law enforcement, parties have the right to refuse.

17th under any of the following circumstances, shall apply for the change of the administrative law enforcement certificate:

(A) the law enforcement agency subject to change;

(B) the law enforcement agency name change;

    (C) the scope of duties of the law enforcement personnel, law enforcement or enforcement zone is changed.

    18th holds the certificate of administrative law enforcement supervision of personnel, in the administrative area, or within a system, administrative enforcement activities to administrative law enforcement when conducting supervision and inspection, administrative law enforcement personnel shall be entitled to examine the documents, requests for administrative law enforcement based on understanding of the administrative process, correcting violations in accordance with law. 19th law enforcement documents shall take good care of, and shall not be altered or lent to others.

If lost, licensing agency or certified personnel shall make a statement in the newspaper aside and report to the issuing authority, be reissued by the issuing authority after the examination and verification.

    Administrative law enforcement personnel transfer, resignation, dismissal, retirement or other reasons, from the administrative law enforcement positions, or positions of administrative law enforcement supervision, authorities should withdraw its certificate of administrative law enforcement and the people's Government at the Office of Legislative Affairs or legal work of the Government agencies to be cancelled.

    Fourth chapter of administrative law enforcement supervision and management

    Article 20th issuing authority shall establish and improve document management systems at all levels, exercise supervision over the use of documents issued by the management.

Article 21st of the administrative law enforcement certificates and an annual certification of the administrative law enforcement supervision certificate system.

    The annual audit of the administrative law enforcement certificate, by the issuance of a document of a legal working body of the Government responsible for the annual audit of the administrative law enforcement supervision certificate, the legal work of the Government agencies are responsible for. 22nd annual certification of the administrative law enforcement authority for administrative documents shall, before the end of February each year, submitted to the certification authority certificate of administrative law enforcement in this sector annual verification form and list of administrative law enforcement personnel and an administrative certificate of administrative enforcement of law enforcement personnel in the SSE.

After passing the certification authorities audit registration, register the private identity of attached documents.

Registered by the registration attached documents effective administrative enforcement of the special identity documents information about the material, all in the Autonomous Region Government publicly on the Web site of the legal system, subject to public scrutiny and oversight. Without registration Add annual register the private identity of administrative law enforcement documents are invalid.

Legal work of the people's Governments above the county level bodies should periodically invalid certificate of administrative law enforcement information in newspapers, websites and other media shall be published.

    Administrative law-enforcement documents register the private identity of uniformly printed by the autonomous regional people's Government Office of Legislative Affairs.

Article 23rd law enforcement certificate and the administrative law enforcement supervision certificate renewal every 5 years at a time, change should be carried out before comprehensive legal knowledge and professional legal training and exams.

Issue a certificate program in accordance with the provisions of article seventh.

    Administrative law-enforcement types change, and shall issue a certificate of the Chief law enforcement.

    24th levels of people's Governments Office of Legislative Affairs and archives administrative law enforcement organs shall establish administrative law enforcement personnel and administrative training of law enforcement personnel, as well as administrative law enforcement issues, testing, replacement, renewal, cancellation conditions, as part of the administrative law enforcement personnel archives management.
25th use the departments under the State Council in accordance with the law, the administrative rules and regulations issued by the administrative law-enforcement documents, by using the legal basis, the scope of enforcement, documentation as well as certified personnel roster, the number reported to the people's Government at the Office of Legislative Affairs record, and before the end of February in each year will be certified personnel changes last year to the people's Government at the Office of Legislative Affairs for the record.

    26th the Chief law enforcement officers of any of the following acts, the administrative law enforcement by authorities temporarily suspended its license:

(A) the denial of Justice, and abuse of powers;

(B) negligence, malpractice, and shield the offenders;

(C) violations of statutory procedures for administrative enforcement actions;

(D) the altered, lent the certificate of administrative enforcement;

(E) without the certification and registration of administrative enforcement of law enforcement certificates;

(F) make use of the administrative law enforcement certificates for illegal activities, for personal gain, and minor;

(VII) other should be temporarily suspended the administrative law enforcement certificates. Rule of the people's Governments above the county level administrative law enforcement agencies or supervisory personnel, has found administrative law enforcement personnel in law enforcement activities of the acts listed in the preceding paragraph, right to education, correction and may withhold its certificate of administrative law enforcement, ask the relevant administrative law enforcement agency processing.

Related administrative law enforcement organs should process the results will be submitted to the people's Government at the Office of Legislative Affairs in a timely manner and reported to the municipality Office of Legislative Affairs.

    Suspension of the administrative law enforcement certificates shall be issued by the municipality Office of Legislative Affairs temporarily vouchers printed.

27th administrative law enforcement personnel shall have any of the following circumstances, reported by the people's Government at the Office of Legislative Affairs the Government cancellation of the Legislative Affairs Office of the administrative law enforcement certificate:

(A) be liable to criminal punishment or reeducation through labour;

(B) withhold three or more of the administrative law enforcement certificate;

(C) one of the acts listed in paragraph one of this article 26th, less heavy, causing serious consequences;

    (D) any other violation, do not have the administrative conditions of law enforcement officers.

28th suspension or in accordance with this article 27th log out of the administrative law enforcement certificate, shall make a written decision.

    Withhold the certificate of administrative law enforcement administrative law enforcement personnel shall post, correct errors in administrative law enforcement can continue working, examined by the autonomous regional people's Government Office of Legislative Affairs, training, after passing the examination, can apply for reimbursement.

    29th has been suspend or in accordance with this article 27th cancelled the certificate of administrative law enforcement personnel shall not engage in administrative law enforcement, in a year-end assessment, were withholding the certificate of administrative law enforcement personnel may not test rated as outstanding and cancelled the certificate of administrative law enforcement personnel may not check for salt.

    30th administrative law enforcement personnel shall be suspended or cancelled under section this way to 27th in the administrative law enforcement certificates have any objections, can make a decision, or complaint with the people's Government at the Office of Legislative Affairs, received complaints of organs should be reviewed, errors found should be corrected in a timely manner.

31st administrative legal work of law enforcement agencies, government agencies or establishments of departments, one of the following circumstances, on the same level people's Governments at or above level people's Government Office of Legislative Affairs and establishments of departments be ordered to rectify serious cases, in accordance with the provisions of the regulations on the punishment of civil servants of administrative organs, by the decision authority competent in charge and other direct liable persons shall be given administrative sanctions:

(A) apply for a certificate of administrative law enforcement to deception;

(B) fails to submit annual audit;

(C) according to the provisions of the Department of licensing to submit for the record;

(D) according to the provisions established archives administrative law enforcement documents;

(E) administrative law enforcement documents to apply for eligibility, review, review, and approval of non critical error occurred;

    (Vi) any other conduct violating the document management regulations.

    32nd a citizen, legal person or other organization to the administrative offences law enforcement officers licensed law enforcement activities has the right to its administrative authorities or legal work of the people's Governments above the county level bodies and establishments of departments ' complaints, complaints should be investigated to verify and respond in a timely manner.

33rd article administrative law enforcement supervision personnel holding administrative law enforcement supervision card for law enforcement supervision Shi has following behavior one of of, by declared do card of government legal work institutions or autonomous regions government legal work institutions give criticism education, ordered deadline corrected or temporarily buckle administrative law enforcement supervision card, and recommends about organ give administrative sanctions; plot serious of by sent card organ cancellation administrative law enforcement supervision card:

(A) the unauthorized use of the administrative law enforcement supervision card;

(B) altered, lent the certificate of administrative law enforcement supervision;

(C) the use of the administrative law enforcement supervision certificate for personal gain;

    (D) any other offence, disciplinary or acts in violation of administrative provisions on document.

    The fifth chapter by-laws 34th article of the rules as of June 6, 2011. November 16, 1998 published by the autonomous regional people's Government of the Ningxia Hui autonomous region, measures for Administration of law enforcement certificates repealed simultaneously.