Administrative Enforcement Of The Fault Responsibility Investigation In Hebei Province Approaches

Original Language Title: 河北省行政执法过错责任追究办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340930.shtml

Administrative enforcement of the fault responsibility investigation in Hebei province approaches

    (December 14, 2010 Executive meeting of the Hebei provincial people's Government, the 76th considered by people's Government of Hebei province, December 24, 2010 [2010] the 13th release since February 1, 2011) Chapter I General provisions

    First to standardize the administrative enforcement of the fault responsibility investigation, prevention and correction of administrative law enforcement mistakes, protect the legitimate rights and interests of citizens, legal persons and other organizations, to promote administration according to law, in accordance with the relevant laws, rules and regulations stipulated in the implementation outline for the holistic promotion of administration by law, combined with the facts of the province, these measures are formulated.

    Second article this approach by said administrative law enforcement fault, is refers to levels Government and County above Government belongs administrative law enforcement sector, and legal regulations authorized or law delegate of Organization (following collectively administrative law enforcement organ) and law enforcement personnel in administrative law enforcement activities in the, for deliberately or fault not perform, and illegal perform or improper perform statutory duties, led citizens, and corporate and other organization of lawful rights and interests of by damage, caused bad consequences, by statutory program confirmed should held administrative responsibility of behavior.

    The fault responsibility investigation of administrative law enforcement in these measures refers to administrative law enforcement organs and the behavior of administrative enforcement by law enforcement personnel, in accordance with the provisions of these measures investigated, identify responsibility, dealing with activities.

    Article III administrative law enforcement organs at all levels in the province and its administrative enforcement of the fault responsibility investigation of law enforcement officers, these measures shall apply.

    Fourth administrative enforcement of the fault responsibility investigation, should adhere to fair, equitable, timely, realistic, mistakes must be fault responsibility, the principle of combining education and discipline.

    Fault liability of administrative law enforcement investigation, the facts are clear and irrefutable evidence and accurate, proper treatment, procedure, and complete the procedures.

    Fifth people's Governments above the county level shall exercise unified leadership fault responsibility investigation of administrative enforcement work within their respective administrative areas. Department administrative enforcement of the people's Governments above the county level and is the fault responsibility investigation of administrative law enforcement organs.

    The fault responsibility investigation of administrative law enforcement organs of the Office of Legislative Affairs specific fault responsibility investigation of administrative law enforcement matters, carry out the following functions:

    (A) accept the fault responsibility investigation of administrative enforcement reporting, reporting, complaints, reports and recommendations, for examination;

    (B) evidence from relevant organizations and researchers, access to documents and information;

    (C) review found administrative law enforcement liability for fault for administrative law enforcement accountability recommendations;

    (D) monitoring the implementation of administrative law enforcement certificate of liability;

    (V) handling shall be monitored by authorities, personnel appointment and removal, judicial organs in handling cases of transfer matters;

    (Vi) on the administrative enforcement of liability found against Governments or review, an application for review to the administrative law enforcement departments;

    (VII) to lower administrative authority to supervise and inspect the fault responsibility investigation of administrative law enforcement work;

    (H) the lower fault responsibility investigation of administrative law enforcement authority for the coordination between jurisdictions, liability and other disputes;

    (I) the administrative law enforcement fault responsibility investigation on statistical matters;

    (10) other functions stipulated in the fault responsibility investigation of administrative law enforcement organs.

    Sixth in accordance with laws and regulations and these rules shall be monitored by authorities, personnel appointment and removal or higher administrative authorities dealing with the case, by the supervisory organs and personnel appointment and removal or by the administrative organs in accordance with legal rights and responsibilities, in accordance with the People's Republic of China surveillance law, the People's Republic of China Law on civil servants and the punishment of civil servants of the executive regulations and other relevant laws and regulations dealing with.

    Article administrative law enforcement organs at all levels should establish and improve the responsibility system for administrative law enforcement the necessary rules and regulations, standardizing law enforcement activities, strengthening oversight mechanisms, improve the training of law enforcement personnel and management, prevent and reduce the occurrence of the administrative law enforcement fault.

    Article eighth administrative law enforcement organs at all levels should strengthen the construction of administrative law-enforcement information, and gradually establish a digital personal law enforcement administrative law enforcement personnel files, law enforcement credit information as well as important places of electronic video surveillance facilities to reduce fault behavior and found that administrative law enforcement, provide modern technology guarantee.

    Nineth levels of people's Governments and their law enforcement agencies should take administrative enforcement of the fault responsibility investigation as administrative law enforcement responsibility, administration assessment of the main content and objectives the Executive evaluation, an important basis for leading groups achievements assessment and annual evaluation of the civil service.

    Chapter II scope of responsibility

    Tenth administrative law enforcement organs and their personnel in administrative enforcement of, any of the following circumstances shall be investigated for administrative enforcement of liability:

    (A) exceed or abuse;

    (B) the violation of legal procedures;

    (C) the applicable laws, regulations or rules error;

    (D) the facts are unclear, evidence is insufficient;

    (E) the obvious inappropriateness of a specific administrative act;

    (Vi) do not perform their statutory duties;

    (G) laws, regulations, rules and regulations shall be investigated for administrative law enforcement liability in other circumstances.

    11th confirmed by the following State administrative law enforcement organs and their administrative enforcement of violations committed by law enforcement personnel, shall be recognized as administrative law enforcement mistakes, held responsibility for mistakes:

    (A) the parent and the people's congresses at the corresponding levels and their standing committees at the detection and confirmation of the administrative law enforcement supervision violations; (B) people's Court judgment or ruling in force to withdraw, change the period to perform the statutory duties of administrative violations.

    Or a people's Court considers the administrative organ in charge of personnel, the persons directly responsible for violation of administrative discipline, and transferred to the administrative law-enforcement organs dealing with violations of administrative enforcement;

    (C) the people's Procuratorate the prosecution expressed that crimes are minor, without sentences or be exempted from punishment in accordance with criminal law, administrative violations of administrative law enforcement should be made; (D) the administrative reconsideration of administrative reconsideration organs decided to withdraw, change and confirm the illegal administrative enforcement actions, and decided to perform the statutory duties of administrative violations within a certain period.

    Legal institutions or administrative reconsideration organs, in accordance with the People's Republic of China administration reconsideration law in recommendations of the 38th article, that should be held responsible for violations of administrative law enforcement;

    (E) people's Government and the administrative law-enforcement organs accepting the citizens, legal persons and other organizations administrative law enforcement complaints, report, petition in case detection and confirmation of the administrative enforcement of violations;

    (F) people's Government and administrative law enforcement organs in the performance of duties of supervision and inspection of administrative enforcement activities and qualify the violations of administrative law enforcement;

    (G) people's government supervisory and audit specialized supervisory authority in the performance of administrative supervision, audit and other special oversight responsibilities, identify and qualify should be legally transferred to the fault responsibility investigation of administrative law enforcement organs dealing with violations of administrative law enforcement;

    (H) the State law recognized and transferred to other administrative law enforcement organs dealing with violations of administrative law enforcement.

    12th administrative law enforcement organs and their personnel have one of the following, are not considered administrative fault:

    (A) national laws, rules and regulations amended or annulled, or significant changes in the objective situation, led to the original change of executive action;

    (B) force majeure or other exceptional circumstances such as emergency, caused by fault of administrative enforcement;

    (C) the administrative relative person of the administrative law enforcement of illegal fault fault;

    (D) administrative law enforcement based on errors of administrative law enforcement fault;

    (E) the laws, regulations or rules provide for others not to pursue the liability of administrative enforcement cases. 13th administrative law enforcement organs according to law after approval of exploratory, experimental law enforcement fault behavior of administrative enforcement in the innovation process, not to pursue the liability of administrative law enforcement.

    However, it should be corrected in a timely manner.

    Chapter III separation of responsibility and liability

    14th administrative liability is divided into direct responsibility, supervisory responsibility.

    Two types of responsibility set out in the preceding paragraph, at the same time with two or more liability cases, should specifically distinguish it from the main responsibility, secondary liability, or equal responsibility.

    15th distinction between liability and accountability should be based on the hosting of the administrative law enforcement fault people, checker and approver, the nature of the administrative law enforcement fault behavior and in different aspects and the role of law enforcement behavior, full and objective analysis.

    16th administrative law enforcement organs separate from administrative mistakes, as the persons directly responsible party shall bear all liability.

    Two or more administrative faults caused by administrative law-enforcement agencies, should be determined by the competent authorities shall assume primary responsibility for other authorities bear secondary responsibility or liability. Administrative law enforcement organs for the implementation of higher administrative authority decision, command, an error occurs as a result of administrative law enforcement mistakes, should be making the wrong decisions or orders of superior administrative department bears the liability.

    Administrative law-enforcement organs found the mistake decisions and orders of the superior administrative departments, without correction to the superior views, or to perform obviously illegal decisions and orders, it shall bear corresponding responsibility.

    Superior administrative authority revoke or alter a subordinate administrative organs of administrative enforcement of law, executive law enforcement fault, fault liability of administrative law enforcement organs at higher levels.

    As the subject of administrative law enforcement organization authorized by applicable by reference to the foregoing provisions of administrative law enforcement organs.

    Article 17th sponsor has one of the following, as the persons directly responsible party shall bear liability for:

    (A) the independent exercise of law enforcement the right to executive law enforcement mistakes;

    (B) without approval of the statutory audit, procedures, administrative enforcement actions without authorization, resulting in administrative law enforcement fault;

    (C) concealing evidence, concealing the facts or providing false information and other reasons, the reviewer and approver decision wrong, resulting in administrative law enforcement fault;

    (D) without changing the content of the review and approval, resulting in administrative law enforcement fault;
(E) without due cause fails to perform the statutory duties.

    18th reviewer without the contractor's proposed or approved without approval, directly implement the administrative law enforcement, resulting in administrative law enforcement mistakes, as the persons directly responsible party shall bear liability.

    Article 19th changed the undertaker, reviewer opinions from administrative enforcement fault shall bear liability.

    Ratified without contractors proposed, reviewer, administrative enforcement decisions made directly, resulting in administrative law enforcement mistakes, as the persons directly responsible party shall bear liability.

    Article 20th host error action comments, reviewer and approver should be found and not found or has not been corrected after it was discovered, resulting in administrative law enforcement mistakes, Undertaker, checker and approver to bear the liability.

    Reviewer does not accept or change the undertaker opinions, approved by the approver, resulting in administrative law enforcement mistakes, the reviewers directly responsible, approved to bear any responsibility.

    21st two people or two or more persons jointly commit acts of administrative enforcement, resulting in administrative law enforcement mistakes, sponsors should bear the primary responsibility, others bear secondary responsibility fails to distinguish between primary and secondary liability, the share direct responsibility.

    22nd through collective discussion and decision making behavior of administrative enforcement, should be discussed by the Chair of the Executive Heads of law enforcement agencies bear the primary responsibility, other leaders participating in the discussion and the specific bear secondary responsibility for law enforcement personnel, adhere to the correct personnel opinions had not been adopted is not responsible.

    Article 23rd by the administrative review has decided to maintain the original specific administrative act constitute an administrative fault, shall be borne by the original specific administrative law-enforcement agencies primary responsibility for administrative reconsideration organ bear secondary responsibility or responsibility.

    Administrative decision revoke or alter the original specific administrative act, caused by fault of administrative enforcement, responsibility shall be borne by the administrative reconsideration organ.

    Article 24th entrusted with the fault of Histogenesis of administrative law enforcement, should be borne by commissioned external responsibilities, specific law enforcement personnel entrusted with the Organization direct responsibility, entrusted with the Organization in charge of supervisory responsibility.

    The fourth chapter forms and application 25th administrative responsibility for administrative law enforcement fault is divided into administrative processing and administrative sanctions.

    Administrative processing and administrative sanctions can be individually or jointly.

    26th the administrative processing types are:

    (A) the commandments conversation;

    (B) notice of criticism;

    (C) order the written examination;

    (D) shall be ordered to correct or rectify;

    (E) withholding certificate of administrative law enforcement, post training;

    (F) revocation of administrative law enforcement documents;

    (VII) transferred from the administrative law enforcement jobs;

    (H) Cancel when selecting the best evaluation of qualifications;

    (I) dismissal;

    (J) the laws, regulations and other forms of administrative regulations.

    Types of liability prescribed in the preceding paragraph, either alone or jointly.

    27th the types of administrative sanctions, applicable provisions of the regulations on the punishment of civil servants of administrative organs.

    Relating to post adjustment applicable to personnel appointment and removal of the relevant provisions.

    Authorized law enforcement and commissioned law enforcement officers of law enforcement organizations do not have civil servant status type of disposition, application and disposal provisions relevant to the organization. 28th administrative punishment according to the regulations, carried out by the administrative law-enforcement organs according to the management authority.

    Otherwise provided by laws and regulations, in accordance with its provisions.

    Administrative or other administrative process relating to post adjustment shall be managed by the personnel appointment and removal or organs permission to implement it.

    Article 29th administrative law enforcement liability form, should work with the behavior of administrative enforcement facts, nature, extent, and plot fit.

    Article 30th administrative law enforcement liability under any of the following circumstances, shall be given a heavier responsibility:

    (A) the intentional misconduct or gross negligence;

    (B) the administrative law enforcement after the fault occurred, concealed or not taking effective measures, resulting in damage to expand;

    (C) the acts of law enforcement fault caused by bad or serious consequences;

    (D) appears more than twice within a year should be investigated other similar administrative law enforcement of administrative law enforcement liability fault behavior;

    (E) to conceal the faults of the truth by means of interference, impeding the investigation and handling of fault liability;

    (Vi) the complainants, informants, investigate retaliation and related personnel;

    (G) the laws, regulations and rules under other circumstances that can from accountability.

    31st an administrative law enforcement liability under any of the following circumstances shall be given a lighter or mitigated liability:

    (A) minor consequences, harm and influence;

    (B) administrative fault of increases in harmful consequences due to force majeure;

    (C) the administrative relative person deliberately falsified or concealed important evidence, administrative law enforcement fault of increases in harmful consequences;

    (D) take remedial measures to prevent harmful consequences to expand;

    (E) cooperate with the investigation or performed other meritorious;

    (F) the provisions of other laws, rules and regulations can be lighter or mitigated liability situations.

    Article 32nd administrative law enforcement liability under any of the following circumstances, it shall not be held responsible:

    (A) administrative law enforcement fault plot obviously minor, administrative law-enforcement agencies and law enforcement officers found and corrected in a timely manner, caused no harmful consequences;

    (Ii) laws, regulations, rules and regulations of the other circumstances that can not be held responsible.

    Article 33rd Executive is due to fault of administrative law enforcement under the State liability should be in accordance with the People's Republic of China relevant provisions of the law on State compensation, to the relevant administrative law enforcement liability recover part or all of the damages.

    The fifth chapter accountability for organ

    Article 34th administrative fault by fault of administrative law enforcement accountability at all levels of law enforcement authorities.

    The people's Governments above the county level shall be responsible for their administrative law enforcement departments fault and lower level people's Governments of administrative law enforcement responsibility.

    People's Government above the county level administrative law enforcement departments of administrative law enforcement organs and its law enforcement personnel, law enforcement organizations and law enforcement personnel commissioned by them and the mistakes of law enforcement responsibilities. Implementation of vertical management of administrative law-enforcement departments below the provincial level administrative organs and their law enforcement officers and subordinate administrative departments and the mistakes of law enforcement responsibility.

    Vertical management districts, where the administrative law-enforcement organs of municipal and County (city, district) people's Government can talk to its parent bodies that administrative law enforcement fault responsibility investigation recommendations.

    35th fault responsibility investigation of administrative law enforcement organs at all levels of the Office of Legislative Affairs is responsible for the administration of law enforcement fault responsibility determination of concrete work.

    The fault responsibility investigation of administrative law enforcement organs at all levels, can also be set up by the heads of administrative organs or heads is the head by the rule of law, monitoring, personnel and other administrative law enforcement liability cognizance of the relevant bodies to participate in organizations, in charge of administrative law enforcement responsibility determination of fault.

    Article 36th conclusions fault under administrative law enforcement responsibility, should be given administrative processing, implementation of administrative fault responsibility investigation of law enforcement agencies manage permissions; should be given administrative sanctions or give position adjustment, by personnel or the supervision authority according to the management authority implementation.

    Suspected of a crime shall be transferred to judicial organs for criminal responsibility shall be investigated according to law.

    37th the fault responsibility investigation of administrative law enforcement organs on administrative law enforcement liability should be held accountable and be forgiven, superior fault responsibility investigation of administrative law enforcement authority may order the case, or, in accordance with administrative privileges directly to case investigation.

    Article 38th fault responsibility investigation of administrative law enforcement organs at higher levels think that subordinates the fault responsibility investigation of administrative law enforcement organs responsible for investigate the behavior of administrative enforcement, has a great impact in this area, the system can be investigated directly.

    Sixth chapter accountability procedures

    39th fault responsibility investigation of administrative law enforcement authorities found this article tenth, 11th the circumstances prescribed in the administrative law enforcement behavior, should be filed at once, a comprehensive, objective, and impartial review, investigate and collect and verify the evidence. 40th fault responsibility investigation of administrative law enforcement organs in accordance with the article 11th under the circumstance of the administrative law enforcement behavior, you can review the written materials transferred to other State organs directly identified administrative liability.

    Found insufficient evidence facts are not clear or written material, using survey methods should be reviewed. 41st administrative fault responsibility investigation of law enforcement agencies in the investigation, the investigator shall not be less than two and should produce valid documents to the investigating authorities and the relevant personnel. Investigators can contribute to the relevant administrative law enforcement agencies in the investigation of, copy the relevant files, interviews with relevant staff.

    Surveyed institutions and persons concerned shall assist in the investigation, and truthfully answer questions and explain the situation.

    Investigation shall make a written record.

    Investigators and investigations or administrative law enforcement organs and their law enforcement officer under investigation has an interest, should be avoided. 42nd administrative review for law enforcement mistakes, should be reviewed in the 30th since the day of filing the end responsibility and made conclusions.

    Complex, approved by the heads of the fault responsibility investigation of administrative law enforcement organs, may extend the review period, extension of time shall not exceed 20th. Article 43rd fault liability of administrative law enforcement organs and persons who have the right to make statements and to defend themselves.

    The fault responsibility investigation of administrative law enforcement organs should fully hear the views of persons, on its facts, proof, justification, should be reviewed; the facts, the evidence, justification and should be adopted.

    Fault responsibility investigation organ shall not be the responsibility of administrative law enforcement organs, persons to plead accentuate the responsibility.
44th investigation ended, administrative enforcement of the fault responsibility Investigation Bureau survey results should be reviewed, depending on the circumstances, each given responsibility:

    (A) should be the responsibility of the Chief acts of law enforcement fault shall be determined according to the seriousness of these measures and the third chapter, the relevant provisions of the fourth chapter, with clearly defined responsibilities and should respectively take specific administrative responsibility;

    (B) the administrative law enforcement fault the fact cannot be established, or administrative law enforcement behavior with present circumstances as provided in article 32nd, it shall determine not to pursue the administrative responsibility;

    (C) administrative law enforcement fault behavior constitutes a crime, determining transferred to judicial organs.

    Complex or serious administrative fault behavior might bear a heavier administrative responsibilities, the fault responsibility investigation of administrative law enforcement organs should be brainstorming, head of liability. Article 45th fault responsibility investigation of administrative law enforcement organs under this article 44th of responsibility required conclusion, making of the administrative enforcement of certificate of liability.

    Of the administrative law enforcement certificate of liability shall include the following:

    (A) the origin and basic facts of the case;

    (B) the nature, circumstances and facts of the case, harm;

    (C) the reasons for deciding whether or not to take administrative enforcement of liability;

    (D) the recommendation of the personnel Division of responsibilities and accountability;

    (E) the correct administrative law enforcement mistakes, elimination of harmful consequences of proposals.

    By review of the certificate of liability of administrative law enforcement personnel, the review officer signature, organs primarily responsible or competent principal approved and stamped with the seal of the fault responsibility investigation of administrative law enforcement organs.

    The fault responsibility investigation of administrative law enforcement organs, should be made in administrative law enforcement liability recognized in the 7th, the Chief law enforcement Executive of the certificate of liability for fault responsibility investigation organ. Article 46th on administrative law enforcement liability findings should be given administrative processing, administrative enforcement of the fault responsibility investigation authority shall make a decision of administrative handling of the book.

    The administrative written decision shall set out the following matters:

    (A) the person's name, company, job title;

    (B) the facts and evidence in administrative enforcement of liability;

    (C) administrative processing type and the basis;

    (D) refuses to accept a decision of administrative handling of relief and time limits;

    (E) an administrative organ and the date of the decision.

    The administrative written decision should be stamped with the seal of the administrative authorities.

    Make a decision of administrative handling of the authorities and the administrative law enforcement mistakes are made when the responsibility is the same with the institution, administrative decisions and administrative law enforcement liability determination can be made. 47th according to article findings of fault liability of law enforcement should be given administrative sanctions or give position adjustment, the fault responsibility investigation of administrative law enforcement organs should be made of the sanction proposals.

    The sanction proposal should contain the following items:

    (A) the person's name, company, job title;

    (B) the facts and evidence in administrative enforcement of liability;

    (C) administrative sanctions or give position adjustment recommendations;

    (D) the authority to make recommendations and dates.

    The sanction proposal should cover the sanction recommendations made by the seal of the authority.

    48th fault responsibility investigation of administrative law enforcement organs should be made in administrative law enforcement liability recognized in the 7th, the sanction proposal, together with the certificate of administrative liability and the copies of materials, together with the personnel appointment and removal or transfer the jurisdiction a supervisory organ. Accept the personnel appointment and removal of the sanctions proposal, monitoring bodies, according to the fault responsibility investigation of administrative law enforcement agencies identify the direct administrative responsibility for the decision, if necessary, get to make their own investigations. Personnel appointment and removal, monitoring authority on administrative law enforcement responsibility of the fault responsibility investigation authorities have different views, should take the initiative to communicate with the fault responsibility investigation of administrative law enforcement organs and consultations.

    Larger differences, there is no consensus, can be reported to people's Governments at the same level or Department at a higher level.

    49th article of the written decision of administrative handling of the announcement or after the notice takes effect and shall be delivered in the 5th person. Recommendations given administrative sanctions or give those responsible for post adjustment, as well as other administrative responsibility, after the making of the administrative decision shall be declared or notified in a timely manner.

    When necessary, it can also sanction decisions or position adjustment after the decision was made in a joint declaration or notification.

    50th article administrative law enforcement fault responsibility people refuses to administrative law enforcement fault responsibility finds, or refuses to administrative processing decided of, can since know responsibility finds results or processing decided of day up 15th within to original processing organ application review, review decided should in 15th within made; on review results refuses to of, can since received review decided of day up 15th within to original processing organ of Shang a level organ proposed complaints; also can not by review, since know responsibility finds results or processing decided of day up 30th within directly proposed complaints. During the review and appeals, and do not stop execution of the decision.

    Accepting applications for review and it deems it necessary to suspend, execution stops.

    Not satisfied with the decision of the administrative law enforcement liability of administrative sanctions, in accordance with the relevant provisions of the regulation on the punishment of civil servants of the Executive to apply for a review or appeal.

    Seventh chapter implementation and monitoring

    51st higher administrative authorities shall subordinate administrative organs to implement the fault responsibility investigation system of administrative law enforcement supervision and inspection of the situation, to identify and correct problems in a timely manner, to ensure implementation of the fault responsibility investigation system of administrative law enforcement.

    52nd fault responsibility investigation of administrative law enforcement organs should be made on the certificate of administrative liability and the administrative decision and the administrative sanctions for inspecting and supervising the implementation of the proposals.

    53rd fault upon confirmation of administrative law enforcement, relevant administrative law enforcement organs and their personnel shall correct its own; insist on correct, ordered by the fault responsibility investigation of administrative law enforcement organs to correct.

    54th fault responsibility investigation of administrative law enforcement organs in accordance with these procedures article 11th case identified fault liability and make a decision, should be a decision of administrative handling implementation to relevant State organs, respectively in the 30th after reporting or notification processing.

    According to the complaints of citizens, legal persons and other organizations, reports, letters and visits in the fault detection and confirmation of the administrative law enforcement actions, in determining liability and make treatment decisions, receive complaints, report writing, petition the administrative organs shall, in accordance with the relevant provisions inform the complainant or informants and the complainant.

    According to the news media discovered and confirmed the administrative law enforcement behavior, in determining liability and make a decision later, timely feedback to the news media.

    Administrative fault responsibility investigation of law enforcement agencies in the investigation do not constitute a fault of administrative enforcement, fault responsibility investigation by administrative law enforcement organs inform the complainants, informants, petition and related administrative law enforcement organs.

    55th in violation of provisions of the present article 53rd, ordered corrected by the superior administrative authority is not correct, shall give notice of criticism, and the officer directly in charge of administrative sanctions.

    56th fault responsibility investigation of administrative law enforcement organs and personnel appointment and removal and control branches of the fault responsibility investigation in administrative law enforcement work in any of the following circumstances, criticized and rectification are serious, charge and other personnel directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) with the intent to hide the mistakes of law enforcement actions, or find fault behavior without filing administrative law enforcement accountability;

    (B) liability for deliberately aggravating or mitigation of responsibility;

    (C) shall be transferred to judicial organs for criminal responsibility shall be investigated according to law and not transferred.

    The eighth chapter by-laws

    57th district of city, County (city, district) people's Government and provincial people's Government Executive law enforcement authority shall, in accordance with the measures, administrative enforcement of the fault responsibility investigation rules are formulated. 58th article this way come into force February 1, 2011.