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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340868.shtml

Yinchuan, administrative law-enforcement complaint admissibility requirements (November 12, 2010, yinchuan, people's Government of the 64th Executive meeting November 16, 2010 2nd release from the people's Government of yinchuan city as of January 1, 2011) first to protect the lawful rights and interests of whistle-blower complaints, administrative enforcement complaint inadmissible, strengthen the supervision of executive action, in accordance with the administrative law enforcement supervision Ordinance, the administration of yinchuan city in Ningxia Hui Autonomous Region law enforcement accountability Ordinance and the Ningxia Hui autonomous region, administrative documents regulation

    , Combined with the city's actual, these provisions are formulated.

    Article administrative complaints in these rules refers to citizens, legal persons or other organizations (hereinafter referred to as complaints of people) that administrative law enforcement departments or administrative law enforcement personnel of administrative enforcement of law, illegal or improper, appeals, complaints and accusations and other acts in accordance with law.

    Administrative law-enforcement departments referred to in the preceding paragraph includes an administrative law enforcement the right to executive authorities, laws and regulations authorize the organizations and entrusted organization according to law.

    Article city and County (city, district) legal institutions responsible within their respective jurisdictions under administrative law enforcement reports of organization and coordination and supervision of work.

    City, County (city, district) Office Department of the Government and legal institutions (without rule of law institutions should set up specialized agencies or part-time staff) the review of administrative law enforcement reports dealing with this sector. Report such complaints an accepting institution shall set up a complaint call, set up a dedicated part-time personnel responsible for reporting work on accepting and examining complaints.

    Complaint phone number should be on the Government website and the Department's Web site, as well as places of public service in this sector are published.

    Accept fourth administrative law enforcement to report in accordance with the following provisions:

    (A) the County (city, district) people do complain of executive action, accepted by the municipal people's Government legal agencies;

    (B) the city and County (city, district) people's Government departments do complain of executive action, accepted by the people's Government at the legal entity;

    (C) two or more subject made in administrative law enforcement reports of executive action, by the law of their common higher level people's Government agencies to accept;

    (D) the organization authorized by the laws and regulations of the administrative law enforcement reports, organized by the legal entity or the competent department specialized oversight agencies to accept;

    (E) at the municipal and County (city, district) people's Government agencies established by law of the administrative law enforcement complaints, by the establishment of the Agency's legal institutions accepted under;

    (F) at the municipal and County (city, district) people's Government departments agencies established by law in accordance with the laws, rules or regulations, make administrative enforcement action in its own name, and supervised by the legal institutions of the sector or other law enforcement agencies to accept;

    (VII) administrative complaints of misconduct by law enforcement officers, administrative law enforcement officers by the administrative law-enforcement departments legal agencies or other law enforcement oversight bodies considered. Fifth complaint people through letters, phone calls, visits, such as complaints, and commissioned reports.

    Complaint the complaint, the person responsible for the authenticity of the report content.

    Whistle-blower complaints complaints should be an accepting institution name, contact details, reports the specific content and the object of registration of the complaint.

    Article sixth following complaints to the administrative authorities and law enforcement officials, reports an accepting institution shall receive:

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

    (B) the violation of legal procedure of administrative enforcement;

    (C) an inaccurate facts, decision of unconscionability;

    (D) an administrative coercive measures;

    (E) the brutal and uncivilized law enforcement by law enforcement officials.

    Complaint in accordance with the provisions of article sixth of seventh article, any of the following circumstances, complaints inadmissible an accepting institution:

    (A) complain to the reconsideration application for reconsideration, reconsideration is admissible;

    (B) the complaints reported to the people's Court of administrative proceedings, the people's Court has accepted;

    (C) complaints reported to the discipline, supervisory organs complaints and discipline, supervisory organs have been accepted.

    Article eighth complaint an accepting institution shall from the date of receipt of the complaint within 3 working days to complete the content of the complaint review, and in accordance with the following provisions:

    (A) the complaint in accordance with the provisions of article sixth, admissible; complaint does not comply with the provisions of this article sixth, inadmissible, and inform the reason;

    (B) the complaint in accordance with the provisions of article sixth but does not belong to the jurisdiction of the Agency, in accordance with the provisions of this article fourth referred to the jurisdiction of the Agency and inform the complaints of people;

    (C) complaints relating to personnel policies or issues left over from history, referred to the letters and calls departments and inform the complaints of people;

    (D) complaints concerning the administrative violation by law enforcement officials, reported to the disciplinary inspection, monitoring agencies and inform the complaints of people.

    Nineth complaints organization after accepting the report, shall immediately conduct investigations to the units and individuals and have the right to access, collect, extract, copy, certiorari and related materials, understanding administrative law enforcement. Complaint reporting units and personnel should report the situation to provide relevant information, and accept their supervision.

    The relevant units and individuals shall assist and cooperate. Article tenth complaint departments at all levels should be "12345" complaints relating to administrative enforcement law or complaints of misconduct related to the rule of the people's Governments at the same level of information agencies.

    Rule of law institutions feel the need to accept review of, letters and calls departments shall transfer to the legal complaint reporting materials.

    When staff discipline supervision departments at all levels in dealing with administrative authority, found by investigating matters involving illegal or improper administrative enforcement shall, transfer of relevant information to the people's Government at the rule of law institutions and related materials. 11th complaint an accepting institution shall accept administrative enforcement complaints within 30 working days after the review ended, make a decision and will process the results to report people who.

    Complex, approved by the Director, may extend the review period, but the extension period shall not exceed 20 working days.

    Article 12th after investigation and verification, confirm legitimate complaint administrative act appropriate, reports an accepting institution shall notify the complaints and complaints of people, and state the reasons.

    Article 13th after investigation and verification, confirmed reports of illegal or improper executive action, in accordance with the following procedure: (A) complaints reported accepted institutions for city, and County (city, and district) legal institutions of, should law made administrative law enforcement supervision notice, notification administrative law enforcement subject deadline itself corrected; administrative law enforcement subject late not corrected of, city, and County (city, and district) legal institutions can reported to the this level Government made undo, and change or ordered again made specific administrative behavior of decided, and making administrative law enforcement supervision decided book.

    Responsibility for the administrative offence under the administration of yinchuan fault responsibility investigation of law enforcement measures, the party and State organs and their staff in yinchuan city misconduct accountable procedures (trial implementation) regulations for processing;

    (B) Government departments and affiliated agencies to accept the complaint, should correct itself, the responsibility for the administrative offence under the administration of yinchuan fault responsibility investigation of law enforcement measures, the party and State organs and their staff in yinchuan city misconduct accountable procedures (trial implementation) regulations for processing.

    Complaint inadmissible found administrative law enforcement personnel in administrative enforcement process in other illegal acts shall be given administrative punishments or criminal responsibility, by promptly transferred to the relevant authorities.

    14th administrative complaints handled after the end of complaints complaints should be an accepting institution materials, information on handling results archive.

    City, County (city, district) people's Government departments and affiliated institutions should be regularly reported to the legal system of the people's Governments at the corresponding level bodies the administrative processing of complaint cases.

    15th complaints accepted authority without justifiable reason not to accept complaints of administrative enforcement, in accordance with the provisions of administrative law enforcement supervision regulations of the Ningxia Hui autonomous region, and hold those responsible accountable.

    16th section is responsible for receiving and handling complaints of administrative enforcement personnel, not allowed to extract, copy, withholding, destruction of complaint material, no disclosure of whistleblower complaints, such as name, company, address, and offenders in accordance with the provisions of the regulations on the punishment of civil servants of administrative organs given sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs. 17th these provisions come into force on January 1, 2011.