Jilin Province Administration Assessment Methods

Original Language Title: 吉林省依法行政考核办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346543.shtml

Jilin province administration assessment methods

    (January 4, 2011, Jilin provincial people's Government promulgated as of February 1, 2011, No. 218) Chapter I General provisions

    First article for strengthening law administrative assessment, improve law administrative level, according to State on issued full advance law administrative implementation platform for of notification (country sent [2004]10,), and State on strengthening City County government law administrative of decided (country sent [2008]17,) and State on strengthening rule of law Government construction of views (country sent [2010]33,), provides, combined I province actual, developed this approach.

    Second administrative work according to law within the administrative area of the province, these measures shall apply.

    Article assessment of administration by law in these measures refers to assessment bodies assessment objects implement the State Council and the provincial government to advance the work of the relevant provisions of the law test and evaluation activities.

    Fourth law examination follow fair and open, public participation, unity, organization, classification principle of responsibility.

    Article fifth administrative review into the evaluation system of government performance evaluation, a separate assessment, the assessment results as an important part of government performance evaluation.

    Chapter II examination and appraisal objects

    Sixth administrative areas of the people's Governments above the county level shall exercise unified leadership of the Administration assessment.

    Legislative Affairs Department of the people's Governments above the county level responsible for examination of administration organization.

    Development and reform, supervision, finance, human resources and social security, preparation, audit, complaint letters and calls departments coordinate related work in accordance with their respective functions.

    Seventh provincial people's Government is responsible for their respective departments and municipalities (State) people's Government, the Changbai mountain Management Committee administration assessment of the situation.

    City (State) Government, Changbai mountain Management Committee is responsible for the Department and the County (city, district) people's Government Administration assessment of the situation.

    The County (city, district) people's Government is responsible for their respective departments and communes, the town government administration evaluation.

    Implementation of dual management of vertical management departments and departments below the provincial, for examination by the local people's Governments, and to fully hear the views of the competent authorities, examination results CC, the competent departments.

    Eighth people's Governments above the county level in administrative work according to law, the Department of Legal Affairs shall perform the following duties:

    (A) the elaboration of law annual evaluation programme;

    (B) implement administrative work according to law;

    (C) the Administration proposed evaluation results comments;

    (D) informed the administration by examination results;

    (E) supervising evaluation found problems in administration by law;

    (F) on lower levels of Government the Department of Legal Affairs direction and supervision of the administrative work according to law.

    Chapter content

    Nineth administration assessment of content:

    (A) perform duties according to law;

    (B) the scientific and democratic decision-making;

    (C) strengthening the system construction;

    (D) regulate administrative enforcement;

    (E) strengthening the administrative supervision;

    (F) preventing resolve social conflicts;

    (G) implementing measures to promote administration according to law.

    Basic requirements of the tenth shall perform their duties:

    (A) the regulatory bodies set up and strengthen institutional management, rationally define the Government Department functions and authority, effective coordination of functions of his Department disputed;

    (B) promoting the separation of political assets separately, public institutions, Governments and market intermediaries, give full play to the basic role of market forces in allocating resources;

    (C) establishment of government administration and self-governance at the effective cohesion and interaction mechanism, strengthen the cultivation, regulation and management of social organizations;

    (D) establish early warning and emergency mechanism and properly handle all types of emergencies, maintenance of normal social order;

    (E) improving the public finance system, improve the consolidated budget, government procurement and Department of Treasury centralized payment system, strengthen budget management and supervision, strengthen the Government non-tax income management, standardize government procurement practices;

    (F) the deepening the reform of administrative examination and approval system, reduce administrative examination and approval projects, innovative management style, improve administrative efficiency;

    (G) establishing and perfecting the system of Government information publicity, improve the mechanism for public release of Government information, implementation of Government information disclosure responsibilities, provide facilities for public access to government information;

    (VIII) will be open and transparent, as the basic system of Government, all social service-oriented government departments in accordance with the public service basis, conditions, requirements, process and results, fully informed of administrative information related to the project;

    (I) strengthening the construction of e-Government, expanding the scope of Government on-line Office, realizing information exchange and resource sharing among government departments.

    11th scientific and democratic decision-making of the basic requirements:

    (A) to strengthen the construction of administrative decision-making procedures, improve major administrative decision rules;

    (B) establish significant public participation in administrative decision-making, expert, risk assessment, the review of legality, collective discussion and decision system and its necessary procedures as a major administrative decisions;

    (C) establish the major administrative decision after follow-up and implementation of the evaluation system, detect and correct problems in administrative decision-making, reduce losses caused by mistakes in decision-making;

    (D) to establish and improve emergency response decision-making systems;

    (E) establish a sound accountability mechanism for administrative decision-making to achieve unity of decision-making power and decision-making responsibility.

    12th strengthen system construction and the basic requirements:

    (A) drafting or in the Government regulations and regulatory documents shall comply with the provisions of laws and regulations, in strict compliance with statutory authority and procedures;

    (B) focus on improving economic structure and improve people's livelihood and the development of social undertakings and the construction of the Government legislation;

    (C) public participation in establishing and improving the development of government regulations and regulatory documents, expert advice argumentation, Legal Department, decided collectively, listen to and accept views of note and disclosure systems;

    (D) establishment of system of government regulations and regulatory documents to develop a cost-benefit analysis;

    (E) establishing and improving government regulations and regulatory documents to modify, abolition of work system and period of validity, regular cleaning, regular assessment system regulations once every 5 years, normative documents cleaned once every 2 years, results to be announced to the public;

    (F) comply with other requirements of the construction of the system of administration according to law.

    13th regulating administrative law enforcement basic requirements:

    (A) the administrative authorities at all levels strictly in accordance with legal competence and the procedure for the exercise of powers and the performance of its duties;

    (B) the reform of the administrative system, in accordance with the programme approved by the provincial government and called for the full implementation of and regulate the power of relatively concentrated administrative punishment, actively promote the comprehensive administrative law enforcement pilot projects, establish and improve the coordination mechanism of administrative disputes, addressing law enforcement from the source, repeat the absence of law enforcement, law enforcement issues;

    (C) improving administrative enforcement mechanisms to ensure funding for, administrative law enforcement organs to perform their statutory duties to the uniform requirements included in the budget is guaranteed;

    (D) according to the laws and regulations of the State, change, adjust the waste, sorting out administrative enforcement based on clear enforcement authority, institution, job, people, and responsibility, and to the public;

    (E) strengthening the construction of administrative law enforcement, strict implementation of law enforcement certificates and qualification management system;

    (F) performing administrative duties according to law, ensure due process, accurate, discretion appropriate, an effective solution free to law enforcement, facilitate law enforcement, harassment and other problems;

    (VII) sound file archive, comments on the system of administrative law enforcement at all levels of Government and administrative law enforcement departments at least once a year the administrative file review found;

    (H) the administrative law enforcement system, law enforcement, law enforcement based on content, rights and responsibilities, law enforcement, adjudication standards, procedures, specific time limits, methods of supervision should take effective forms to the public;

    (I) fully implement the responsibility system for administrative law enforcement, establish and implement of administrative enforcement evaluation, accountability and other related systems;

    (J) establishing a baseline system of administrative discretion reasonably refined, quantification of administrative discretion, strictly regulate the exercise of discretion.

    14th strengthen the administrative supervision of the basic requirements:

    (A) consciously accept supervision, report to work, receive a question, reported to the NPCSC in accordance with law regulations, seriously handle the deputies recommended;

    (B) accept the CPPCC's democratic supervision, actively listening to opinions and suggestions seriously handling CPPCC proposals;

    (C) accept the judicial supervision, the people's Court actively court litigation, administrative litigation case in reply, consciously fulfilling the Court's verdict and ruled that take seriously people's Court judicial recommendations;

    (D) strengthening regulations and regulatory documents for the record review, establishment of normative documents record registration, publication, information and supervision and inspection system, strengthen the construction of record information;

    (E) fully implement the State compensation law, and improve and strictly enforce the system of administrative compensation and executive compensation;

    (F) establish a sound level of regular supervision system, strengthen the supervision of subordinate administrative organs;

    (G) support and cooperate with the monitoring, audit and other oversight bodies to work independently according to law, and consciously accept the supervision and implementation of oversight bodies decisions;

    (H) improve public reporting and complaint systems, sound of people reported, the media reflect the problem investigation, verification and processing work according to law in a timely manner;

    (I) strict accountability, strict implementation of the law on administrative supervision, the civil service law, the punishment of civil servants of administrative organs regulations and provisional regulations on accountability for party and Government leading cadres, and any mistake will investigate, responsibility will ask.

    15th against basic requirements for resolving social conflicts:

    (A) the establishment and perfection of social contradictions and disputes mediation system, define the scope of mediation;

    (B) set up by the local people's Governments at all levels of responsibility, the Government legal organization led functions as the main administrative mediation system;

    (C) to standardize and perfect the administrative decisions and administrative conciliation proceedings, convenient, fast and low cost solving social disputes;

    (D) carrying out administrative review law and its implementing regulations, reception, administrative reconsideration cases a fair hearing according to law, serious and correct illegal and improper administrative action;

    (E) improve administrative reconsideration, full administrative review officers, ensuring that administrative review cases according to law by 2 or more people to hear;

    (Vi) free application for administrative reconsideration channel, simplify the application procedures to facilitate the Parties apply;

    (G) improve the system of people's mediation, and actively support the people's mediation work in grass-roots organizations;

    (H) improve administrative reconsideration and petition the connection mechanism, guide the parties resolve disputes through legal means.

    16th the basic requirements for implementing measures to promote administration according to law.

    (A) as basic guidelines for government administration, running through the various aspects and links;

    (B) Governments and Government departments have been established led by the Chief of the administration-led coordination mechanisms, unified leadership in the region and push forward administration by law in this sector;

    (C) establishing and improving leadership and oversight mechanisms, Executive heads as advancing responsibility system of administration according to law;

    (D) establishing reporting system administration work, Standing Committee of the people's Governments above the county level report heard at least 2 times a year in accordance with administrative work, the people's Government above the county level to level each year party Committee, people's Congress and the people's Governments at the report to promote administration according to law, the Government departments annually to this level and the level people's Government departments report on promoting administration according to law;

    (E) develop and implement push forward administration by law and annual plans, implementing the push forward administration by law annual reporting system, statistical analysis system and supervision, examination and assessment system;

    (F) improve push forward administration by law financial support mechanism, the requirements included in the budget is guaranteed;

    (VII) improving the rule of law sector and sectoral legal agencies, institutions, staff commensurate with the tasks;

    (H) play the Government legal departments, departmental legal staff assistant in the administration according to law and the role of counsel, significant participation in administrative decision-making, support and supervise the Government legal departments, departmental legal bodies to perform their duties in promoting administration according to law, to carry out work;

    (I) the implementation of test administration according to law and legal knowledge to the test system, local people's Governments and their departments to be appointed positions of leadership cadre, prior to test their knowledge of the law and administration, civil service recruitment to focus on legal knowledge test, to be engaged in administrative law-enforcement personnel, government legal work, and organize specialized legal knowledge exam;

    (J) establishing and perfecting the law system of leading cadres through Government Executive prior to lectures and other forms of law and legal system, Constitution of organizational learning, General knowledge of law and specialized legal knowledge associated with the duties, local people's Governments at or above the county level administration of leading cadres must hold at least 2 times a year thematic seminars;

    (11) establish executive staff learning systems, at all levels of administration and the civil service training bodies to organize training course for civil servants of administrative organs, to content knowledge into teaching and administration according to law, administrative law enforcement personnel to participate in the common knowledge of the law are regularly organized training, training specialized legal knowledge training and new laws and regulations, serving as training, learning achievement and was promoted based on one of the;

    (12) strengthening the legal literacy and legal publicity, create compliance to law abiding, legal rights and legal environment of the whole society.

    17th check content and requirements should be determined in accordance with the measures, combined with local administrative work according to law practice, focus, development of specific assessment and evaluation organs at a higher level for the record.

    The fourth chapter assessment program

    18th examination administration by law implementation on an annual basis, annual examination 1.

    19th examination administration by law adhere to a comprehensive examination and focus on combining assessment, internal assessment combined with external review, written reviews and field evaluation combined with the principle.

    Internal assessment adopted verification annual report on administration according to law, collecting, counting, verification of related data and information, organized special inspections and checks, and so on.

    External reviews major organizational surveys, polls, expert review, panel interviews, online surveys and community monitors, and so on.

    20th the people's Governments above the county level shall review information sharing mechanism should be established, the relevant departments or social groups, organization of matters involving administration assessment of the special inspection results and social commentary, can be used as the Administration assessment frame of reference, the general assessment would not be repeated.

    21st law implementation assessment assessment bodies in accordance with the following steps: (A) the formulation of policies.

    Examination administration according to law authorities to formulate annual evaluation programme, a clear assessment objects, items, methods and scoring criteria, and issued in the first quarter of each year. (B) collection of information.

    Evaluation organs timely acquisition and object administration by various statistical assessment of data, information, and summarized and analyzed. (C) tissue verification.

    Assessment agencies to submit the annual report of the Administration and review information and on-site inspections on the examination object according to actual needs. (Iv) review.

    Assessment authority organizations or authorize the socio-professional organizations, and other institutions for review. (E) determine the result.

    Assessment agencies to collect information, self-examination and self evaluation, organization verification, review, based on comprehensive analysis and assessment, determine the result.

    22nd examination object according to the following steps to accept examination preparation: (A) the self-examination and self-evaluation.

    Annual assessment of the object under consideration should be based on law, serious self-examination and self-evaluation. (B) submit a report.

    Check object in the self-examination and self-assessment form the basis administration annual report submitted to the examination authority.

    23rd assessment taken out administration according to law, according to the assessment score, classified as excellent, good, better, worse, 4 grades.

    Article 24th of the following circumstances, be points in the examination administration according to law:

    (A) outstanding administrative work according to law, the State Council, the relevant ministries of the State or provincial government recognition awards;

    (B) administrative work according to law by the Central News media as advanced or major news media coverage;

    (C) other circumstances as legally determined by the examination bodies.

    Plus for the same matters, and not accumulated points.

    25th with one of the following, in a law review score points in:

    (A) administrative decision-making serious mistakes or illegal, causing major losses or serious effect;

    (B) was not comprehensive and correct fulfilment of statutory duties, resulting in resource development, pollution of the environment and public safety incidents occurring, resulting in heavy losses or adverse effects;

    (C) abuse of power, force, incite to commit illegal administrative acts or omissions of civil disputes or other major event is raised;

    (D) the illegal disposal of civil disputes, unexpected events, caused the situation to deteriorate, resulting in adverse effects;

    (E) other national interests, people's life and property, public property, major loss or adverse impact of illegal administrative acts;

    (Vi) fraud in the assessment administration according to law;

    (VII) other circumstances as legally determined by the examination bodies. Article 26th test results, should be within a certain range for public notification, examination disagrees with the results of the examination object, lodged a written complaint to the assessment authority during the publication period.

    Assessment bodies shall, within 10 working days after receiving the appeal for review and response.

    The fifth chapter the use of assessment results

    27th assessment results should inform the administrative organs of administration by law, and to the public in an appropriate manner.

    Assessment results should be submitted to the Standing Committee of the party committees at the same level and administration according to law and people's Governments at a higher level. 28th the appraisal results for 3 consecutive years or 3 years for good grades, as a basis for Government recognition of advanced unit of administration according to law.

    Assessment results as poor, reprimanded and ordered to submit a written report of rectification, rectification.

    29th object under consideration 2 consecutive years of assessment results for the poor, the object under consideration failed to reached administration assessment good or better before the above grades shall not be taken as recognition of objects within the province, nor as a recognition of the objects recommended to the State and the relevant ministries.

    30th inspection found serious illegal administrative activities, in accordance with the relevant provisions of the relevant administrative organs and their staff responsibility.

    The sixth chapter supplementary articles 31st article this way come into force February 1, 2011.