Guangzhou City, Guangzhou Municipal People's Government On The Amendments To The Administrative Enforcement Evaluation By Way Of A Decision

Original Language Title: 广州市人民政府关于修改《广州市行政执法评议考核办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257745.shtml

Guangzhou City, Guangzhou Municipal People's Government on the amendments to the administrative enforcement evaluation by way of a decision

    (November 23, 2009, Guangzhou City people's Government Executive meeting of the 13th session of the 98th by the people's Government of Guangzhou City, February 1, 2010 28th release come into force on the date of promulgation) 13th 98 meeting of the Municipal Government decided to the Guangzhou administrative enforcement evaluation method as follows: A, the second "administrative enforcement evaluation in these measures, is the municipality belongs to the administrative law-enforcement departments, as well as......" is amended as "administrative enforcement evaluation mentioned in these measures refers to municipal people's Government, the county municipality and the municipality belongs to the administrative law enforcement departments, as well as ... ....

    ” Second, the fourth paragraph is amended as "municipal district, county-level cities and the municipality belongs to the administrative law-enforcement departments of administrative law enforcement performance evaluation procedures apply.

    ” Third, fifth paragraph is amended as "municipal people's Government is responsible for the district and County Municipal People's Government and municipal government owned organization authorized by the administrative law-enforcement departments, laws and regulations (municipal government owned organization authorized by the administrative law-enforcement departments, laws and regulations, hereinafter referred to as administrative law enforcement departments of administrative enforcement evaluation work, and is responsible for the lower level people's Governments of administrative enforcement evaluation the work of supervision and guidance.

    ” Four, and seventh article increased a paragraph as first paragraph, provides municipal government on district, and County Government for administrative law enforcement comments assessment of main content, the article modified for "City Government on district, and County City Government for administrative law enforcement comments assessment of main content including: (a) Law perform statutory duties of situation; (ii) established sound leaders learn method system of situation; (three) administrative law enforcement comments assessment system construction and implementation situation; (four) established major administrative decision of legitimacy review system of situation

    ; (Five) established administrative decision responsibility held system of situation; (six) strengthening government legal institutions and team construction of situation; (seven) normative file developed, and record review and cleanup situation; (eight) strengthening administrative reconsideration and administrative should v work of situation; (nine) perfect advance Government law administrative report system of situation; (10) other administrative law enforcement comments assessment content. City Government on administrative law enforcement sector for administrative law enforcement comments assessment of main content including: (a) administrative law enforcement of subject qualification whether meet provides; (ii) administrative law enforcement behavior whether meet law enforcement permission; (three) applies law enforcement according to whether specification; (four) administrative law enforcement program whether legal; (five) administrative law enforcement decided of content whether legal, and appropriate; (six) administrative law enforcement decided of administrative reconsideration and administrative litigation situation; (seven) administrative law enforcement files of quality situation And (h) the administrative law-enforcement departments to carry out statutory duties; (IX) administrative law enforcement responsibility system and the establishment of related system implementation (10) normative documents, file review and clean up (11) the implementation of the annual legislative programme (12) other administrative enforcement evaluation content.

    ” Five, tenth in the "Department administrative enforcement of the municipal evaluation" is amended as "municipal assessment district and municipal people's Government at the county level, administrative law-enforcement departments.

    ”

    Six and 11th second to third paragraph "in the work of administrative enforcement evaluation, was named the outstanding areas, the municipal people's Government at the county level, administrative law-enforcement authorities and law enforcement officials in accordance with the relevant provisions give awards. In administrative law enforcement comments assessment work in the, for was named not qualified of district, and County City Government, by City Government be informed criticism; was named not qualified of administrative law enforcement sector, by this level Government be informed criticism, canceled the sector and main head or is in charge of head this year of assessment qualification; continuous two years was named not qualified of sector, by provides program on administrative main head and the is in charge of head give commandments Mian.

    ” Seven, 12th amended as "appraisal Agency shall notify the appraisal result assessment of district, municipal people's Government at the county level, as well as administrative law enforcement departments. District, county-level city governments, and administrative law enforcement Department disagrees with the evaluation results can be receipt of the results of administrative enforcement evaluation by municipality, within 5 working days from the date of notification to submit written observations. Municipal people's Governments shall within 15 working days from the date of receiving the written opinions carry out investigation to verify and administrative enforcement evaluation standards this year to maintain, change, or revocation of a final decision.

    ”

    This decision shall come into force as of the date of.

    The Guangzhou administrative enforcement evaluation approaches, republished as modified under this decision.

    Report: Guangzhou administrative enforcement evaluation approach (revised 2010)

    (April 20, 2007, people's Government of Guangzhou City, 2nd release on February 1, 2010, Guangzhou City people's Government, the 28th Amendment)

    Article for the full implementation of the responsibility system for administrative law enforcement, strengthening administrative law enforcement supervision, safeguard the implementation of laws, rules and regulations, promoting administration according to law, in accordance with the responsibility for administrative enforcement of regulations of Guangdong Province and the regulation on the implementation of the responsibility system of administrative enforcement provisions of the number of observations, based on actual city, these measures are formulated.

    Second administrative enforcement evaluation mentioned in these measures refers to municipal district, the county municipality and the municipality belongs to the administrative law enforcement departments, as well as administrative law enforcement for its internal administrative law enforcement agency, subordinate administrative bodies and administrative law enforcement personnel carried out by citizens, legal persons or other organizations of the rights and obligations of administrative law enforcement inspection and evaluation of a system of supervision.

    Administrative enforcement evaluation by article III shall comply with the principles of Justice, fairness and openness.

    Fourth municipal district, county-level cities and the municipality belongs to the administrative law-enforcement departments of administrative law enforcement performance evaluation procedures apply.

    District and municipal people's Government at the county level shall be in accordance with the measures and the situation in the region, development of administrative enforcement evaluation approaches, their administrative law enforcement departments of administrative enforcement evaluation.

    Administrative law-enforcement departments should be based on the actual situation of the sector, formulation of administrative enforcement evaluation approach for its internal administrative law enforcement, under the administrative law-enforcement bodies and administrative law enforcement personnel in administrative enforcement evaluation.

    Fifth of municipal people's Government is responsible for the district and County Municipal People's Government and municipal government owned organization authorized by the administrative law-enforcement departments, laws and regulations (municipal government owned organization authorized by the administrative law-enforcement departments, laws and regulations, hereinafter referred to as administrative law enforcement departments) of administrative enforcement evaluation work, and is responsible for the lower level people's Governments of administrative enforcement evaluation the work of supervision and guidance.

    The vertical management of administrative law-enforcement agencies, in accordance with the regulation on the implementation of the responsibility system of administrative enforcement provisions of the number of observations, evaluation by its superior departments, municipal departments should promptly to their superiors cases.

    The dual management of administrative law-enforcement departments, in accordance with the regulation on the implementation of the responsibility system of administrative enforcement provisions of the number of observations, in accordance with the management duties by its superior departments and evaluation by the municipal people's Government.

    Within the municipality belongs to the administrative law enforcement departments are responsible for the administrative enforcement agency, subordinate administrative bodies and administrative law enforcement personnel of administrative enforcement evaluation work.

    Sixth municipal people's Government was established by the Office of the municipal government, personnel, supervision, departments such as the legal system, the preparation of administrative enforcement evaluation agencies, under the leadership of the municipal government, in charge of organizing the implementation of administrative enforcement evaluation work.

    Members of administrative enforcement evaluation bodies, when administrative enforcement evaluation by the sector to which it belongs should be made to avoid.

    Article seventh municipal district, municipal people's Government at the county level administrative enforcement evaluation include:

    (A) to perform their statutory duties;

    (B) establishing and perfecting the law system of leading cadres;

    (C) the construction of the system of administrative enforcement evaluation and implementation;

    (D) establish major of the legitimacy of administrative decision review system;

    (E) establishment of responsibility system of administrative decision-making;

    (Vi) strengthening the Government legal organization and team building;

    (G) the normative documents, file review and cleanup;

    (H) strengthening the work of administrative reconsideration and administrative litigation;

    (I) improving the system of Government Administration reports;

    (10) other administrative enforcement evaluation content.

    Municipal administrative law enforcement departments of administrative enforcement evaluation include:

    (A) the qualification of administrative law enforcement of compliance;

    (B) the administrative law enforcement in compliance with law enforcement powers;

    (C) applicable law enforcement according to whether the specification;

    (D) the legality of the administrative procedure;

    (E) the legality of the content of the decision of the administrative law enforcement, proper;

    (Vi) administrative enforcement decisions of administrative reconsideration and administrative litigation;

    (G) the quality of administrative enforcement cases;

    (H) the administrative law-enforcement departments to carry out statutory duties;

    (I) the establishment of a responsibility system for administrative law enforcement and related system implementation;

    (J) the normative documents, file review and cleanup;

    (11) the implementation of the annual legislative programme;

    (12) other administrative enforcement evaluation content.

    Article eighth administrative enforcement evaluation should check and combined with annual evaluation, combining administrative law enforcement department internal reviews and external reviews, administrative enforcement evaluation and administrative law enforcement objective assessment, the combination of job responsibility.

    Administrative enforcement evaluation can take the following form:

    (A) hear the report on administrative law enforcement work;

    (B) check the relevant documents, information and law enforcement files;

    (C) the legal test for administrative law enforcement personnel;

    (D) checks against executive action;

    (V) on-site inspection administrative enforcement;

    (F) organizes ad hoc surveys of law enforcement;

    (VII) heard the views of the Administration;

    (VIII) listen to NPC deputies and CPPCC members, experts and the views of the community;

    (IX) other forms of evaluation approved by the municipal people's Government.
Nineth administrative enforcement evaluation by an annual appraisal system.

    Legal institutions should be worked out this year in the second quarter of each year of administrative enforcement evaluation programme, identifying when administrative enforcement evaluation by specific objects, items, methods and scoring criteria, and report to the municipal people's Government.

    Approved by the municipal people's Government of administrative enforcement evaluation by programme, implemented by administrative enforcement evaluation by specific organizations.

    Tenth evaluation of administrative enforcement evaluation results as a municipal district, municipal people's Government at the county level, administrative law-enforcement departments and their responsibilities and administrative law enforcement officials an important basis for annual work.

    11th administrative enforcement evaluation the implementation of centesimal system, according to the scores classified as excellent, good, qualified and unqualified four levels.

    In the work of administrative enforcement evaluation, was named the outstanding areas, the municipal people's Government at the county level, administrative law-enforcement authorities and law enforcement officials in accordance with the relevant provisions give awards.

    In administrative law enforcement comments assessment work in the, for was named not qualified of district, and County City Government, by City Government be informed criticism; was named not qualified of administrative law enforcement sector, by this level Government be informed criticism, canceled the sector and main head or is in charge of head this year of assessment qualification; continuous two years was named not qualified of sector, by provides program on administrative main head and the is in charge of head give commandments Mian. 12th appraisal Agency shall notify the appraisal result assessment of district, municipal people's Government at the county level, as well as administrative law enforcement departments. District, county-level city governments, and administrative law enforcement Department disagrees with the evaluation results can be receipt of the results of administrative enforcement evaluation by municipality, within 5 working days from the date of notification to submit written observations.

    Municipal people's Governments shall within 15 working days from the date of receiving the written opinions carry out investigation to verify and administrative enforcement evaluation standards this year to maintain, change, or revocation of a final decision.

    13th article in administrative law enforcement comments assessment work in the, found administrative law enforcement sector and administrative law enforcement personnel in administrative law enforcement process in the has not perform or not right perform statutory duties of, by about sector according to Guangzhou administrative law enforcement responsibility held approach and the civil servants management, related legal regulations of provides held responsibility; violation administrative monitored about provides of, law give administrative sanctions; constitute crime of, transferred judicial organ law held criminal.

    14th administrative enforcement evaluation results by the municipal people's Government announced to the public in the 30th after the appraisal is completed.

    15th district, municipal people's Government at the county level in the first quarter of each year will be the last year the administration of administrative enforcement evaluation results in a written report, legal filings submitted to the municipal people's Government.

    Municipal people's Government on the administrative law-enforcement departments should be made before March 31 of each year annual administrative enforcement evaluation resulted in a written report submitted legal filings. 16th the measures come into effect June 1, 2007.