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Yinchuan, Administrative Law-Enforcement Complaint Admissibility Requirements

Original Language Title: 银川市行政执法投诉举报受理规定

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Complaints by administrative law enforcement in the city of Sichuan

(Summit No. 64 of 12 November 2010 of the Government of the Greater Sichuan City to consider the publication, effective 1 January 2011, of the Decree No. 2 of 16 November 2010 by the Government of the Greater Sichuan City.

Article 1, in order to guarantee the legitimate rights and interests of the complainant, regulates the receipt of administrative law enforcement complaints, strengthens oversight of administrative law enforcement, develops this provision in line with the Regulations on Administrative Enforcement of the Hindu Self-Government Zone, the regulations on administrative enforcement responsibilities in the city of Galichuan and the administrative law enforcement documents management approach in the Lin summer self-government area.

Article 2 refers to reports of administrative law enforcement complaints referred to in this article by citizens, legal persons or other organizations (hereinafter referred to as complainants) that the administrative law enforcement department or its administrative law enforcement officials are found to be unlawful or inappropriate and that the complaints, charges, prosecutions, etc. are made by law.

The administrative law enforcement authorities referred to in the previous paragraph include executive organs with administrative law enforcement authority, legal legislation authorizing organizations and legally delegated organizations.

Article 3: The rule of law institutions of the Government of the city, the district and district authorities are responsible for coordinating and monitoring the guidance of organizations reporting administrative law enforcement complaints within the scope of the Convention.

The executive law enforcement complaints related to this sector are reported by the municipalities, districts and government-owned departments, the rule of law institutions of the individual agencies (shall not be able to establish specialized agencies or staff with exclusive qualifications).

The above-mentioned complaints reports should set up a complaint notification telephone to establish a dedicated part-time officer responsible for reporting on complaints. Complaints of telephone numbers should be made public on the Government website and on the sector's website, as well as on public start-up sites in this sector.

Article 4

(i) Reports of complaints of administrative law enforcement committed by the people of the district (markets, areas) and are received by the rule of law institutions of the municipality;

(ii) Reports of complaints of administrative law enforcement by the authorities of the municipalities, districts (markets, districts) and the people's government, which are admissible by the rule of law institutions of the same people's government;

(iii) Reports of complaints of administrative law enforcement committed jointly by two or more administrative law enforcement actors, which are accepted by the rule of law bodies of the Government of the people at the common level;

(iv) Reports of complaints of administrative law enforcement by law, legislation authorizing the organization, which is admissible by the competent organ of the organization or by specialized oversight bodies;

(v) To report on complaints of administrative law enforcement committed by the Government of the city, the city, the district and the people's government, established by law, to be admissible by the rule of law institutions of the people's government that established the institution;

(vi) An institution established under the law by the Government of the city, the city, the district, and the people's work sector, is governed by the law, legislation or regulations, and is governed by the law, legislation or regulations in their own name by the rule of law institutions or other law enforcement oversight bodies in that sector;

(vii) Complaints of misconduct by administrative law enforcement officials, which are received by the executive law enforcement body or other law enforcement oversight bodies.

Article 5 Complaints may be reported by means of correspondence, electricity, visits, or other complaints. The complainant is responsible for the authenticity of the contents of the complaint.

The complaints reporting body shall register the names of the complainants, the means of contact, the specific content of the complaints reports and the underlying circumstances of the complaint.

Article 6 reports the following complaints to the executive branch and its law enforcement officials, which shall be admissible:

(i) Exclusively to the enforcement of administrative law;

(ii) Administrative law enforcement violations of statutory procedures;

(iii) The fact that the violation is not accurate and that the decision is not fair;

(iv) Execution of administrative coercive measures in violation of the law;

(v) Administrative law enforcement officials are brutal and non-civilized law enforcement.

Article 7. The report of the complaint is in compliance with article 6 of this article, with one of the following cases, where the complaint is inadmissible:

(i) The complainant's request for review to the review body and the review body has been accepted;

(ii) The complainant's administrative proceedings before the People's Court and the People's Court has been seized;

(iii) The complainant's complaint reports to the disciplinary, inspectorate, which has been accepted by the disciplinary and inspection bodies.

Article 8. The complaints reporting body shall complete the examination of the contents of the complaint reports within three working days of the date of receipt of the complaint and shall be treated in accordance with the following provisions:

(i) The content of the complaint reports is admissible in accordance with article 6 of the present article; the contents of the complaint are not in accordance with article 6 of the present article and are not admissible and the reasons for it;

(ii) The content of the complaint reports is consistent with article 6 of the present article but not under the jurisdiction of this body, transmitted to the competent body in accordance with article IV of this article and to inform the complainant;

(iii) The content of the complaint reports relates to the issue of the treasury personnel policy or historical legacy, transmitted to the mission area and informed the complainant;

(iv) The reporting of complaints relates to misconduct by administrative law enforcement officials, referral to disciplinary, inspection bodies, and to the complainant.

Article 9. Upon the receipt of the complaint by the receiving body, an investigation shall be organized immediately and shall be entitled to access, collect, releas, reprint, release, voucher and related material to administrative law enforcement.

Complaints reporting units and persons should provide information and receive oversight, as reported in practice. The units and individuals concerned should assist and cooperate.

Article 10 shall communicate the information on complaints involving administrative law enforcement or misconduct to the same level of government rule of law bodies. In the view of the rule of law, the need for a review should be transferred to the rule of law institutions for the reporting of complaints.

At all levels of inspection, when the staff of the administrative organs of the Office are unconstitutional, it is found that the matters identified relate to administrative law enforcement violations or misappropriation, and that information should be communicated to and transferred to the same level of government rule of law institutions.

Article 11. The complaints reporting body shall review the closure within 30 working days of the receipt of administrative law enforcement complaints and take decisions to address them and inform the complainant of the results. The situation is complex and, with the approval of the Head of State, the duration of the review may be extended appropriately, but the extension shall not exceed 20 working days.

Article 12, which is verified by the investigation, recognizes the lawfulness of the administrative acts reported by the complaint, shall notify the author of the complaint in writing and the complainant and make the reasons.

Article 13, which is verified by the investigation, recognizes that the administrative law enforcement acts reported by the complaint are unlawful or inappropriate, and is treated in accordance with the following procedures:

(i) Complaints by the receiving body as a rule of law institution in the city, in the city, in the city, in the city, in the district, in the district, in the area of the rule of law, shall be made in accordance with the law, by means of a letter of administrative law supervision, by notification to the executive law-enforcement subjects for their own corrective action, by the municipal, district and district authorities, and by the decision to request the Government of the people to rescind, modify or punish specific administrative acts, as well as to produce an administrative law enforcement oversight decision. Treatment of those responsible for administrative violations in accordance with the provisions of the erroneous accountability approach to administrative law enforcement in the city of Galichuan, the Galichangi Party and the State organs and their staff misconduct accountability (a pilot);

(ii) Government departments and competent agencies should be able to receive complaints reports, and the perpetrators of administrative violations should be treated in their own hands, in accordance with the provisions of the Responsibilities for Administrative Enforcement in the city of Galichuan, the Galichangi Party and the State organs and their staff members' accountability scheme for misconduct (programming).

The complaints reporting body found that administrative law enforcement officials had other offences in the administration of justice and should be given administrative disciplinary or criminal responsibility, which should be transferred in a timely manner to the relevant organs.

Article 14. When administrative law enforcement complaints are reported to be closed, the complaints reporting body shall file information, such as the complaint reports, the outcome.

Sectors and agencies affiliated to the Government of the city, the city, the district and the Territory should report on administrative complaints to the authorities of the people at this level on a regular basis.

Article 15. Complaints of the receiving body shall not be subject to administrative law enforcement complaints, in accordance with the provisions of the Regulations on Administrative Enforcement of the Nin summer Self-Government Zone.

Article 16 Persons responsible for the receipt and processing of administrative law enforcement complaints reports shall not be duly seized, replicated, depressed, destroyed the reporting materials, prohibiting the disclosure of the names, units, sites, etc. of the complainant's reporters and the punishment of the perpetrators in accordance with the provisions of the Regulations on the Civil Service of the executive branch; constitute offences and criminal responsibility by the judiciary.

Article 17