Guangxi Zhuang Autonomous Region, Administrative Law Enforcement Supervision

Original Language Title: 广西壮族自治区行政执法监督办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264203.shtml

Guangxi Zhuang Autonomous Region, administrative law enforcement supervision (May 20, 2010 Executive meeting of the 11th session of Guangxi Zhuang Autonomous Region people's Government, the 59th on June 21, 2010, the people's Government of Guangxi Zhuang Autonomous Region promulgated as of August 1, 2010, 55th), first in order to strengthen the administrative supervision of law enforcement, prevention and correction of illegal or improper acts of administrative enforcement, administrative law enforcement standard, fair and civilized, in accordance with the People's Republic of China of the organic law of the local people's congresses and local people's Governments at various levels

    And other relevant laws and regulations, combined with this practice, these measures are formulated.

    Second this approach applies to the autonomous region within the administrative area of the people's Governments above the county level and their departments of lower administrative bodies, laws and regulations authorized the Organization's administrative law enforcement supervision.

    Administrative law enforcement in these measures refers to the administrative authorities and the organization authorized by laws and regulations (hereinafter referred to as administrative law enforcement organs) to implement laws, rules and regulations of the specific administrative act. Third people's Governments above the county level shall lead and organize the implementation of administrative law enforcement supervision within the administrative regions, government legal departments for the administration of the people's Governments at the corresponding level of law enforcement oversight bodies, in charge of administrative law enforcement and supervision work.

    Government Office of Legislative Affairs is responsible for the system of administrative law enforcement supervision work.

    Supervision and special supervision of finance, audit, statistical activities, in accordance with the relevant laws and regulations.

    Requirements for administrative law enforcement supervision, be guaranteed into the budget at the same level. Territorial jurisdiction article fourth administrative law enforcement supervision, classification is responsible for. Administrative supervision of law enforcement agencies in charge of the administrative law enforcement agencies in matters of administrative law enforcement supervision and subordinate administrative law enforcement organs have greater impact on matters of administrative law enforcement supervision.

    Government Office of Legislative Affairs is responsible for the system of administrative law enforcement supervision.

    Fifth administrative law enforcement supervision work should stick to education combined with punishment, and improvement of supervision and inspection work combined ensure that norms of administrative law enforcement and law enforcement personnel at all levels of law enforcement, justice, and civilized law enforcement, maintaining the lawful rights and interests of citizens, legal persons or other organizations.

    Sixth administrative law enforcement supervision include:

    (A) the legality of the administrative law enforcement organs and their law enforcement personnel qualifications;

    (B) administrative sanctions, administrative license, the administrative enforcement, administrative expropriation and specific administrative acts legality, proper;

    (C) the subject of law enforcement if there is;

    (D) the lawfulness of administrative law enforcement and civilization.

    Seventh administrative law enforcement supervision administrative law enforcement supervision, shall take the Guangxi Zhuang Autonomous Region people's Government presented the administrative law-enforcement inspectors certificate.

    When administrative law enforcement supervision agencies carry out special administrative law enforcement supervision, NPC deputies and CPPCC members and other professionals can be invited to participate.

    Article eighth administrative law enforcement supervision and administrative law enforcement officers found illegal or clearly inappropriate, uncivil, to administrative law enforcement personnel show inspector license the right to stop or be ordered to correct, and to report back to the administrative supervision of law enforcement agencies.

    Nineth executive law enforcement law enforcement entity, proposed by the legal work of the Government departments to review, confirm, the people's Governments at the corresponding level validation, and announced to the public.

    Administrative law enforcement entity for the following vertical management departments of the autonomous region, proposed by the legal work of the Government departments to review, confirm and autonomous regional people's Government approval, and announced to the public.

    Tenth administrative law enforcement personnel shall participate in the Organization for the harmonization of the autonomous region's administrative law enforcement personnel qualification examination; training examination, after obtaining the certificate of administrative law enforcement in order to post; without obtaining the certificate of administrative law enforcement personnel shall not engage in administrative law enforcement. Certificate of administrative law enforcement by the autonomous regional people's Government administrative system of unified law enforcement oversight bodies.

    Administrative law-enforcement documents valid for five years, should be carried out after the expiration of the new law and regulations continued vocational training, examination, issue a certificate of administrative law enforcement; failed to pass the examination, shall not continue to engage in administrative law enforcement.

    Vertical management of the relevant departments of the Central Administration of the State Council administrative law enforcement personnel qualification examination, administrative provisions of certificates issued from its provisions. 11th law enforcement related administrative license, the administrative organs shall establish penalties, administrative enforcement, administrative expropriation and administrative law enforcement cases.

    Records, evidence related supervision and inspection and enforcement instruments should be on file.

    Administrative law enforcement supervision agencies should organize regular files comments on administrative law enforcement investigations.

    12th administrative law enforcement organs should implement the administrative law enforcement responsibility, to the people's Governments at the corresponding level of administrative law enforcement oversight bodies and administrative law-enforcement organs at a higher level reports annual administrative enforcement.

    Implementation of the responsibility system for administrative law enforcement include annual administration review.

    13th the citizens, legal persons or other organizations considered that administrative law enforcement of administrative law enforcement organs is illegal, improper, can be reported to the administrative supervision of law enforcement agencies, and local people's Governments.

    Administrative law enforcement supervision agency shall publish administrative complaint, telephone, address, etc.

    14th administrative enforcement of the people's Governments above the county level shall supervise institutions should be regularly organized special administrative law enforcement supervision and inspection, according to the needs or special provisional administrative law enforcement supervision and inspection.

    15th administrative supervision of law enforcement agencies implement the administrative law enforcement supervision, shall have two or more administrative supervision of law enforcement personnel and produce administrative enforcement inspectors certificate.

    16th administrative law enforcement oversight bodies implementing administrative law enforcement supervision can take the following measures:

    (A) asks the heads of law enforcement agencies and executive law enforcement officers, asking administrative or other sources, and the investigative records;

    (B) inspect and copy administrative files, accounts, bills, and receipts;

    (C) photographs, audio, video, samples, such as collecting evidence;

    (D) to suspend administrative documents;

    (E) reports and held seminars, feasibility study meeting.

    Investigation or inspection of administrative law enforcement organs and administrative law enforcement personnel shall actively assist the investigation, inspection, and truthfully answer questions and provide information on, and evidence shall not be destroyed or transferred.

    17th administrative law enforcement supervision in accordance with administrative law enforcement supervision results, can be differentiated from the administrative law enforcement supervision notice or of the written decision of administrative law enforcement supervision of administrative law enforcement organs and their personnel made the following address:

    (A) the implementing organization, weak enforcement of laws, rules and regulations, and put forward rectification opinions, ordering the administrative law enforcement organs to improve work and give notice of criticism; (B) violations of provisions authorizing administrative law enforcement, a rectification.

    It fails, confirm the Commission illegal and shall be published;

    (C) without obtaining the certificate of administrative law enforcement in administrative law enforcement, ordered to stop the administrative enforcement;

    (D) violation of administrative law enforcement officers law enforcement if the circumstances are serious, revoke its certificate of administrative law enforcement, and reported to the licensing authority for the record; (E) implementation of specific administrative act unlawful, improper, a rectification.

    It fails to confirm illegal;

    (Vi) not to perform the statutory duties of, ordered to perform.

    On administrative law enforcement organs and administrative violations and consequences for law enforcement personnel, be informed of or to the public.

    18th administrative enforcement action to citizens, legal persons or other organizations cause damages, subject to the supervision of law enforcement agencies identify illegal, the parties may, in accordance with the provisions of the law on State compensation claims for State compensation.

    Article 19th administrative administrative enforcement of law enforcement organs is illegal, improper, against public interests and the legitimate rights and interests of citizens, legal persons or other organizations, administrative law enforcement oversight bodies can be dealt with under the circumstances as follows:

    (A) the recommendation will have direct responsibility for administrative law enforcement personnel transferred from administrative law enforcement jobs;

    (B) recommends that the authorities cancel the administrative law-enforcement agencies are directly responsible for administrative law enforcement personnel when selecting the assessment or promotion promotion qualification;

    (C) recommends that the relevant authorities directly responsible to the head and other persons directly responsible for the appropriate organization handling.

    20th Executive refuses, prevents, administrative law enforcement supervision of law enforcement agencies, has not correct itself shall be ordered to correct violations, or refusal to implement the decisions of the administrative law enforcement supervision, recommends that the monitoring bodies on related persons in the investigation.

    Article 21st administrative supervision of law enforcement agencies in accordance with this article 17th before making administrative law enforcement supervision, shall hear the views of the Executive or administrative law enforcement personnel of law enforcement agencies.

    Administrative law enforcement organs and administrative law enforcement personnel on administrative law enforcement supervision and dealing with objections, can make administrative supervision of law enforcement agencies to apply for a review. 22nd article this way come into force on August 1, 2010. Guangxi Zhuang Autonomous Region people's Government promulgated in 1995, the Government legal supervision regulations repealed simultaneously.