Beijing Municipal Administrative Accountability Approach

Original Language Title: 北京市行政问责办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351857.shtml

Beijing Municipal administrative accountability approach

    (May 19, 2011 93rd meeting consideration of Beijing municipality on June 16, 2011 No. 233 of Beijing Municipality announced as of October 1, 2011) directory

    Chapter I General provisions

    Chapter II administrative accountability

    Chapter III administrative accountability and application

    Fourth chapter of administrative accountability procedures

    The fifth chapter review complaints

    The sixth chapter supplementary articles

    Chapter I General provisions

    First in order to strengthen the management and supervision of the administrative personnel, administrative personnel to perform the administrative duties according to law, push forward administration by law and building government governed by law, in accordance with the relevant laws and regulations, combined with the municipality, these measures are formulated.

    Second article this city levels administrative organ of staff and legal, and regulations authorized of has public affairs management functions of organization and the national administrative organ law delegate engaged in public affairs management activities of organization in the engaged in corporate of personnel (following collectively administrative personnel) not perform, and illegal perform, and improper perform administrative duties, led to national interests, and public interests or citizens, and corporate and other organization of lawful rights and interests of by damage, or caused bad effect, in accordance with this approach provides held responsibility. Third municipal people's Government exercise unified leadership, administrative accountability, this work.

    Municipal people's Government departments and district and county people's Governments and their departments and town people's Governments, neighborhood offices in accordance with cadre management authority is responsible for the administrative implementation of the accountability system.

Fourth of municipal and district/County supervisory organs shall perform the following duties in the administrative accountability works:

(A) to guide and supervise the administrative accountability of local government departments;

(B) examining major problems arising in the work of administrative accountability, and make appropriate recommendations to the people's Governments at the corresponding level;

(C) to receive, investigate in accordance with the management of permissions should be decided by the people's Governments at the corresponding levels of administrative accountability cases, and proposed recommendations;

(D) statistics, analysis, handling of administrative accountability of their respective administrative areas;

(V) other administrative accountability work assigned by the people's Governments at the corresponding level.

    Other administrative organs shall establish and improve accountability, clear monitoring, legal, personnel and other departments or agencies in the work of administrative accountability responsibilities, and is responsible for handling complaints, complaints and accusations, investigations and proposed opinions and so on.

    Fifth administrative accountability should be realistic and fair, unity of responsibility, the principle of combining education with punishment, achieve clear facts and evidence, accurate, legal, procedures to process the appropriate and complete.

Sixth municipal government departments, district and county people's Governments should report regularly to the supervisory organs of administrative accountability work.

    District and county people's Government departments and municipal people's Governments, neighborhood offices shall regularly to district and county administrative accountability watchdog report.

Article seventh executive administration according to law, conscientiously enforce the law, rules and regulations and the decisions and orders of superiors, deployment, ensure that Government decrees to improve administrative efficiency, and protect the legitimate rights and interests of citizens, legal persons and other organizations.

    Supervisory organs, human resources and Social Security Department, Office of Legislative Affairs should be carried out through a variety of forms of administrative staff training on building government governed by law knowledge.

    Chapter II administrative accountability

Eighth executive has one of the following acts shall carry out without fulfilling administrative duties, leading to national interests, public interests or citizens, damage the legitimate interests of legal persons and other organizations, or adversely affect, and administrative accountability should be carried out:

(A) on request, requests, complaints administrative behavior, failing to receive, review, decide;

(B) has not been checked in accordance with regulations, testing, inspection, and quarantine;

(C) not suppressing, correcting the violations found;

(Iv) should be given administrative punishments according to law or violations of administrative coercive measures, not to be handled;

(E) receive complaints from citizens, legal persons or other organizations, reports, failing to investigate and handle;

(F) shall carry out the protection of citizens, legal persons and other organizations, personal rights and property rights, statutory duties, and failure to comply;

(VII) administrative relative person asking about administrative license, the administrative supply conditions, procedures, standards and other matters, refused to respond to the application;

(VIII) failure to perform duties of administrative reconsideration and administrative litigation litigation responsibilities, the compensation or executive compensation responsibility, undermining the Government's relationship with the administrative relative person;

(I) fails to perform information disclosure obligation, duty, or obligation of confidentiality;

    (J) the State and this municipality under other circumstances that do not perform administrative duties.

Nineth Executive has one of the following illegal discharge of administrative duties, leading to national interests, public interests or citizens, damage the legitimate interests of legal persons and other organizations, or adversely affect, and administrative accountability should be carried out:

(A) in violation of the rules of procedure, individuals or minorities to decide on important matters, or changing collective decisions;

(B) pursuant to the implementation of citizens, legal persons and other organizations legal rights or increasing the obligations of the citizens, legal persons and other organizations administrative acts;

(C) in violation of the prescribed steps, sequence, execution of administrative acts, forms and other procedures;

(Iv) in excess of the statutory time limit or reasonable time to perform his duties;

(E) beyond the exercise of a statutory right of administrative acts;

(F) concealing, withholding or misappropriating, privately divide or de facto dividing up of administrative expropriation;

(G) unlawful seizure, seizure, confiscation, requisition, expropriation of property;

(VIII) does not have the qualification of administrative law enforcement or breach of the requirement to use law enforcement documents;

(I) the violation fees or require the counterpart to accept paid services, the purchase of specified items and other non-statutory obligations;

(J) violations produced legal instruments, the use of instruments;

(11) an entrusted to another organization or individual to perform his duties;

(12) implementing administrative actions without basis in fact, or the principal facts are not clear, evidence is insufficient;

    (13) the State and the city's other illegal discharge of administrative duties.

Article tenth of administrators following improper discharge of administrative duties, leading to national interests, public interests or citizens, damage the legitimate interests of legal persons and other organizations, or adversely affect, and administrative accountability should be carried out:

(A) the work style of slack, poor working attitude;

(B) are apparently the same relative distinction, discrimination against particular people, or administrative objectives for administrative methods, means, obviously inappropriate abuse of discretion discharge the responsibilities of the Executive;

    (C) countries and other inappropriate discharge of administrative duties stipulated in this city.

    Chapter III administrative accountability and application

11th administrative accountability, for:

(A) order the written examination;

(B) be ordered to apologize;

(C) notice of criticism;

(D) the warning;

(V) suspended;

(F) out of jobs;

(VII) be ordered to resign from leadership positions;

(H) removal from Office.

    Administrative staff of the discipline as provided herein, in accordance with the regulations on the punishment of civil servants of administrative organs and other relevant provisions shall be disciplined, not previously under administrative accountability instead of administrative sanctions or administrative accountability of administrative sanction instead of the provisions of the preceding paragraph.

12th on the accountability of the Executive shall be determined according to the nature, the degree of risk and other factors to determine the seriousness of, respectively, as follows:

(A) minor, shall be ordered to make a written examination, be ordered to apologize, and criticized;

(B) the plot of, given administrative warning, suspended, removed from jobs;

(C) the circumstances are serious, shall be ordered to resign from leadership positions, removal process.

    Given administrative warning, suspended, removed from jobs, ordered to resign from leadership positions, removal from Office, can also be ordered to make a written examination, ordered to apologize, informed criticism.

13th under any of the following circumstances, it shall be given a heavier treatment:

(A) refuse to correct errors;

(B) disguising the truth, interfere with, impede the work of administrative accountability;

(C) the complainant, accuser, Prosecutor in retaliation;

(D) within a year be given administrative accountability more than twice;

(E) two or more persons jointly played an important role in the violations of;

    (Vi) other prescribed shall be given a heavier treatment.

14th under any of the following circumstances may be given a lighter or mitigated:

(A) active account of violations;

(B) cooperate with the investigation or meritorious;

(C) take measures, effectively prevent or recover losses, elimination of adverse effects;

    (Iv) other lighter or mitigated in accordance with regulations.

15th administrative staff shall be as provided herein shall be the administrative accountability, minor, after criticism correction may be exempted from administrative accountability.

    Executives in an emergency administrative accountability should be provided in this way, but do a reasonable duty of care, no administrative accountability.

16th article administrative personnel implementation administrative behavior Shi, think superior of decided or command has errors of, can to superior proposed corrected or revoked the decided, and command of views; superior not change the decided, and command, or requirements immediately implementation of, administrative personnel should implementation the decided, and command, implementation of consequences by superior is responsible for, administrative personnel not bear responsibility; but, administrative personnel implementation obviously illegal of decided, and command of, should law bear corresponding of responsibility.

    Two or more persons jointly the implementation of administrative acts, organizers bear the primary responsibility, assisted by staff assume responsibility; responsibility indistinguishable, shared responsibility.

    17th administrative staff have the discipline as provided herein, subject to administrative accountability, the unit needs to be liable, the unit shall bear legal liability, not to replace the administrative accountability for administrative personnel shall bear legal responsibility.

18th the assessment of administrative staff, appointments, awards, recognition should be given to the administrative accountability.

    Subject to administrative accountability of executives, cancel the current year annual examination related to the assessment and selection of advanced qualifications.

    Fourth chapter of administrative accountability procedures
Article 19th executive administrative accountability should be found following clues, in accordance with administrative rights after the initial check, administrative accountability, should be investigated:

(A) the superior or in the supervision and inspection-level people's Congress, the people's Government;

(B) monitoring, audit, legal and other administrative departments of supervision and inspection;

(C) the internal supervision and inspection;

(D) administrative proceedings;

(E) administrative review;

(F) complaints of citizens, legal persons and other organizations, complaints and accusations;

(VII) public media disclosure of administrative accountability should be provided in this way and there is evidence of the reports;

    (H) the other way. Article 20th case of administrative accountability shall decide within 3 months from the date of the survey make a decision of administrative accountability.

Complex, approved by the Executive in charge, can be extended by 3 months.

    Clearly, without the need for accountability for investigating cases of administrative accountability, direct administrative accountability should be a decision.

Article 21st investigating cases of administrative accountability, should be carried out by two or more staff members. Investigation and handling of cases of administrative accountability, statements of the Executive Officer under investigation should be heard and to defend themselves and be recorded.

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

Article 22nd participation in case investigations, handling of administrative accountability of personnel's relationship with the Executive Officer under investigation is a close relative, or other relationships with the executives surveyed, could affect the impartial handling of cases, shall submit a request for withdrawal; being investigated cases of administrative personnel, as well as with interested citizens, legal person or other organization has the right to demand its withdrawal.

Withdrawal of the administrative authorities in charge of accountability, determined by the accountability Office head of the administrative authority decided at a higher level; others, avoid handling personnel, determined by the decisions of Heads of administrative accountability.

    Administrative accountability authorities or administrative accountability to determine upper level administrative organs of the body, found that investigate situations, handlers should be avoided, can be directly decided on the withdrawal.

    Article 23rd investigation ended, should form the investigation report and the comments to be addressed and monitored by the administrative authorities (including regulators), legal, personnel and other departments mainly responsible for the signature, submitted to the leading members of the Executive group discussion, administrative accountability, exempted from accountability or the revocation of administrative accountability in case of a written decision.

24th article 23rd according to these measures of administrative accountability and administrative accountability should be set out in the written decision, the following:

(A) the accountability of the Executive's name, job title, level, work units and other basic information;

(B) violating the truth;

(C) results and basis;

(D) the administrative decision review of accountability, redress and duration;

    (E) decision of the administrative accountability Agency's name, seal, and the date of the decision.

25th the written decision of administrative accountability should be delivered within 3 working days by the accountable executive, and shall promptly inform the relevant human resources and Social Security Department.

Relevant authorities or citizens, legal persons and other organizations real complaints, complaints and accusations, shall notify the results of its processing.

    Administrative accountability decisions should be open a certain range, cases of administrative accountability for bad social impact of the decision, shall generally be open to the public.

    26th in accordance with this regulation should be given administrative accountability of administrative staff have been redeployed to other administrative bodies, where the original administrative organs may make a recommendation to its present administrative organs, its present administrative organ shall make a decision of administrative accountability.

    The fifth chapter review complaints

    27th article by asked accountability of administrative personnel on processing decided refuses to of, can since received processing decided of day up 30th within to made processing decided of organ application review; on review decided refuses to of, can since received review decided of day up 15th within to sibling human resources and social security sector or made the review decided of organ of Shang a level organ proposed complaints; also can not by review, since received processing decided of day up 30th within directly proposed complaints.

28th administrative organ shall, from the date of request for revision was inadmissible in the 30th to review decisions in writing and sent to the applicant.

Complaints should be made within 60 days from the date of receipt of the appeal complaint written decision, and delivered to the applicant and handled the body of the complexity of the case, may be appropriately extended, but of not more than 30th.

Review, appeals decision not be suspended during the performance of the original accountability.

    Accountable executive not because of the proposed review, appeals are increasing.

    Article 29th complaint authority review finds that the original decision is wrong, which handled the authority shall, upon receipt of the written decision on complaint handling in the 15th to be corrected.

    30th article identified by the review, appeals decisions of administrative accountability errors cause reputational damage to the administrators, which handled the Agency should apologize, rehabilitation, removal, causing economic losses should be compensated according to law.

    The sixth chapter supplementary articles

    31st on the city or district or county people's congresses and their Standing Committee election or decided to appoint the officers be suspended, removed from jobs, ordered to resign from leadership positions, removal, in accordance with the relevant provisions of the law of procedure. 32nd article this way come into force October 1, 2011.