Zibo City Administrative Law Enforcement Supervision

Original Language Title: 淄博市行政执法监督办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346641.shtml

Zibo city administrative law enforcement supervision

    (44th Executive meeting of the people's Government considered, Zibo, December 31, 2010 through January 16, 2011, Zibo city people's Government promulgated as of February 1, 2011, 77th) Chapter I General provisions

    First in order to prevent and correct unlawful or improper administrative enforcement action to safeguard and supervise the executive authorities shall exercise functions, maintaining the lawful rights and interests of citizens, legal persons and other organizations, in accordance with the relevant laws and regulations, based on actual city, these measures are formulated.

    Second administrative law enforcement supervision in these measures refers to a higher administrative authority to subordinate administrative organs, city and county governments of respective administrative law enforcement organs and administrative law-enforcement personnel, as well as administrative law enforcement organs of the authority, administrative enforcement of the system of administrative law enforcement in conducting supervision and inspection, the administrative enforcement of illegal or improper activities dealt with according to law.

    Article III administrative law enforcement supervision within the administrative area of the city governed by these measures.

    The vertical management and dual management of administrative supervision of administrative enforcement activities by law enforcement agencies to apply these measures.

    Administrative reconsideration, administrative supervision and other related laws and regulations are provided, from its provisions.

    Fourth municipal and County government legal departments are responsible for the administrative law enforcement supervision within the administrative area of the Organization, coordination and supervision.

    Administrative law-enforcement organs of legal organization in charge of the organs, the system of administrative law enforcement supervision work.

    Article fifth administrative law enforcement supervision, shall be qualified as administrative enforcement of administrative law enforcement organs and the implementation of administrative licensing, administrative sanctions, administrative confirmations, administrative collection and administrative enforcement, administrative payments, administrative decisions, the overall supervision of executive action.

    Sixth administrative law enforcement supervision shall follow the principles of lawfulness, fairness, openness, adhere to the mistakes must be corrected, punished, and guarantee the correct implementation of laws, rules and regulations, maintaining the lawful rights and interests of citizens, legal persons or other organizations.

    Article a citizen, legal person or any other organization that has the right of administrative law enforcement organs and administrative violations of the law enforcement officers report, complaints and complaints, competent authorities shall accept and handle in a timely manner.

    Chapter II administrative law enforcement

    Eighth article should be confirmed and announced by the Government at the same level of administrative enforcement bodies who possess executive law enforcement entity.

    Nineth executive law enforcement authority shall, in accordance with its statutory mandate to exercise administrative jurisdiction.

    Tenth law, authorized to administer public affairs functions of the Organization, shall exercise the right of administrative law enforcement within the statutory terms of reference.

    11th administrative organ within its statutory responsibilities and competence, in accordance with the laws, regulations and regulations delegate to meet the statutory requirements of organizing the implementation of administrative enforcement action.

    Delegate authority should be entrusted with the implementation of administrative law enforcement supervision and the legal responsibility for the consequences of the Act.

    Within the terms of reference entrusted organization, execution of administrative law enforcement acts on behalf of the principal organs, other organizations or individuals may not delegate the implementation of administrative law enforcement. 12th administrative authorities should be entrusted with the organization commissioned the book.

    Power of attorney shall specify the following matters:

    (A) delegate authority and entrusted with the Organization's name and address;

    (B) law enforcement according to delegate authority;

    (C) enforcement matters entrusted and authority;

    (D) shall set forth the matters.

    Power of attorney shall be signed by the legal representative and stamped with the official seal on both sides.

    13th commissioned law enforcement by administrative organs, should be announced to the public and reported to the Government Legal Department.

    14th entrusted organization shall be announced in responsibility and authority within the implementation of administrative enforcement actions, without notice or beyond the notice of responsibility and scope of administrative enforcement action is not valid.

    15th administrative law enforcement organs should be according to the provisions of the laws, regulations and rules, formulated process, requiring specific administrative enforcement procedures. 16th administrative law enforcement organs should establish a registration system of administrative law enforcement.

    On the implementation of the enforcement acts of executive law enforcement personnel, time, place, reasons for the object under investigation, law enforcement, law enforcement results were registered. 17th administrative law enforcement should be an open system.

    In addition to involve State secrets, business secrets and personal privacy, open administrative law enforcement organs should law enforcement, enforcement basis, law enforcement procedures and results. 18th article implementation of the certified system of administrative law enforcement.

    The Chief law enforcement officer in the execution of their duties, shall present a valid certificate of administrative law enforcement.

    Has not obtained the qualification certificate of administrative enforcement shall not engage in law enforcement activities. Departments of the State Council according to the law, administrative regulations issued by administrative law enforcement certificate, which shall be certified to this level of government legal departments for the record and published to the community.

    Within their respective administrative areas used; not for the record, it may not be legally valid certificate of administrative law enforcement use.

    19th administrative law enforcement organs should establish comprehensive administrative law enforcement entity, complaints, avoidance, hearing, made to pay separation, case comment search, major administrative punishment decision record and evaluation, accountability, monitoring and professional legal system. 20th where two or more administrative law enforcement organs of the same matter are agreed that this body has or does not have regulatory responsibilities, powers and dispute. Shall be reported to the Government legal departments at to be determined.

    Legally determined by the Government legal departments will be reported to people's Governments at the same level for approval, carried out by the relevant departments.

    Chapter III administrative law enforcement supervision

    21st government legal departments and the administrative law enforcement organs should strengthen the supervision of administrative enforcement action.

    22nd administrative law enforcement supervision include:

    (A) the legality of the law enforcement entity;

    (B) the adequacy of enforcement based on;

    (C) the legality of specific administrative behaviors, appropriate;

    (D) the administrative registration, avoidance, enforcement hearing, made to pay separation, file comments looks up, major administrative punishment decision of record keeping, evaluation, accountability, and complaints, supervision of the establishment and implementation of the system;

    (E) the laws, regulations and rules under the terms of the margin of appreciation for refinement, publication and implementation;

    (Vi) compliance with statutory duties;

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

    23rd the implementation of administrative law enforcement and supervision, can take the following approach:

    (A) hear administrative law enforcement reporting;

    (B) imposed on administrative law enforcement supervision, checks or investigations;

    (C) administrative files of law enforcement inspection, organizational auditing check;

    (D) administrative law enforcement, reporting of the investigation and handling of cases;

    (E) sampling, access to administrative files, investigation counterparts;

    (F) record review of the major administrative punishment decision;

    (G) to review the implementation of the responsibility system of administrative enforcement evaluation;

    (H) the provisions of other laws, rules and regulations. Article 24th of citizens, legal persons or other organizations believe that the Executive of the specific administrative act unlawful or inappropriate, to have the Government Legal Department or law enforcement agency of jurisdiction complaints, shall submit the complaint.

    Citizens lodged the complaint is difficult, and may complain orally or in any other way.

    25th government legal departments or administrative law enforcement organs are part of the jurisdiction's complaint shall be admissible; do not fall within the jurisdiction, should be transferred to the authority that has jurisdiction in the 5th, and inform the complainant. 26th government legal departments should annually on administrative organization for law enforcement examination.

    Before checking, should develop a screening programme, determine the purpose, contents, methods of checking procedures and requirements, and inform the inspected units.

    The 27th when administrative law enforcement supervision administrative law enforcement supervision and inspection, shall produce their municipal people's Government issued certificate of administrative law enforcement supervision.

    28th administrative law enforcement supervision and inspection and investigation, may ask the relevant administrative law enforcement personnel, visited the administrative work, witnesses; access to the documents and materials concerned with the contents and files; audio, video acts of administrative enforcement.

    The 29th government legal departments when conducting supervision and inspection, administrative and law enforcement agencies shall cooperate with law enforcement officials to objectively reflect the situation, provide the relevant information. 30th after the end of the control and inspection, shall form administrative law enforcement supervision.

    In the inspections to find problems, the Government Legal Department administrative law enforcement supervision issued rectification notices to the supervised unit. Rectification notices shall set forth the administrative enforcement of administrative law enforcement in the problem, rectification, rectification period.

    Supervised units shall in accordance with the corrective action notice requirements for rectification and write a corrective action report.

    Government legal departments shall be modification of the monitoring unit for review.

    31st the Government Legal Department shall inform the administrative law enforcement supervision and inspection, and report to the Government at the same level, supervise and inspect the results as an important basis for assessment administration according to law.

    The fourth chapter of rewards and punishment

    32nd of municipal, district and county people's Governments and their departments at administrative enforcement and administrative law enforcement supervision have made outstanding achievements in the work units and individuals should be given recognition awards.

    33rd under any of the following circumstances, ordered to stop the administrative law enforcement by the Government Legal Department activities:

    (A) does not have the qualification of administrative enforcement;

    (B) entrusted with the Organization in accordance with stipulations of law enforcement record or not published by the Government at the same level;

    (C) entrusted with the Organization and implementation of administrative acts outside the scope of responsibility and authority for law enforcement;

    (D) delegates did not sign a new law enforcement term full delegates.

    34th under any of the following circumstances, a rectification by the Government legal departments; late refuses, confirmed by the Government at the same level is invalid or revoked:

    (A) beyond the statutory authority to make administrative enforcement actions;

    (B) non-eligibility of administrative law enforcement personnel of the administrative law enforcement;

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

    (D) implementation of administrative enforcement action without a legal basis.

    35th under any of the following circumstances, by the Government Legal Department ordered corrective action and give notice of criticism; it refuses, by appointment and removal or administrative supervision departments mainly responsible and persons directly responsible shall be given administrative sanctions:

    (A) fails to perform the statutory duties;

    (B) to the administrative law enforcement officers issuing fines, charge indicator;

    (C) the setting or the imposition of administrative penalty, without authorization of administrative licensing, administrative fees or compulsory administrative measures such as administrative projects;

    (D) the major administrative punishment decision letter not registered according to law;

    (E) administrative law enforcement documents shall record not record.

    The 36th chief law enforcement officers of any of the following acts, by the Government legal departments at the same level depending on the seriousness, give notice of criticism, temporary suspension or revocation of certificate of administrative law enforcement in serious cases, appointment and removal shall be given administrative sanctions or administrative supervision departments constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the official duties, does not produce a valid certificate of administrative enforcement;

    (B) lends documents of administrative enforcement;

    (C) do not perform their duties according to law, ultra vires or violation of legal procedure;

    (D) abuse of power, administrative enforcement power to units and individuals for personal gain;

    (V) does not provide law enforcement files, they do not match the query and investigation;

    (Vi) to conceal the truth, present false testimony or concealed, destroyed evidence in law enforcement;

    (VII) refusing or impeding the supervision of administrative enforcement;

    (H) the complaint, report or apply for administrative reconsideration or bring an administrative suit retaliation, framed by the parties;

    (IX) other violations of laws, rules and regulations.

    37th administrative law enforcement organs on administrative law enforcement supervision and rectification notices improvement, Department of Legal Affairs by the Government drew attention to the level of Government take the following decisions:

    (A) give notice of criticism;

    (B) the revocation of administrative offence;

    (C) persons directly in charge of and directly responsible to administrative sanctions.

    Article 38th administrative law-enforcement agencies and law enforcement officers have the way to 33rd, 34, 35, one of the circumstances set forth in article 36, depending on the seriousness, removal of administrative law enforcement annual advanced appraisal qualifications, and points it in this year's evaluation of administration according to law.

    39th administrative law enforcement organs and administrative law enforcement personnel shall consider the Government Legal Department made a decision unlawful or inappropriate, you can apply to the people's Governments at the corresponding level to review, review bodies review the request for revision was received within 30th of, make a decision.

    The fifth chapter supplementary articles

    40th administrative law enforcement organs of the authority, the system of administrative law enforcement personnel supervision, according to the specific provisions in these procedures. 41st these measures come into force on February 1, 2011. On October 20, 2000, Zibo municipal government issued by the administrative law enforcement supervision regulations repealed at the same time.