Liaoning Provincial Administration Assessment Methods

Original Language Title: 辽宁省依法行政考核办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256416.shtml

Liaoning Provincial Administration assessment methods (November 21, 2009 Liaoning province 11th session Government 30th times Executive Conference considered through December 15, 2009 Liaoning Province Government makes No. 239, announced since January 10, 2010 up purposes) first article to full advance law administrative, construction rule of law Government, and service Government, guarantees and promote Liaoning full revitalization and science development, according to State full advance law administrative implementation platform for and State on strengthening City County government law administrative of decided, about provides,

    Combined with the province, these measures are formulated.

    Second administrative work according to law within the administrative area of the province, these measures shall apply.

    Article assessment of administration by law in these measures refers to assessment bodies assessment objects implement the implementation outline for the holistic promotion of administration by law of the State Council and the decision of the State Council concerning strengthening the administration by law of city and County Government and the Liaoning Provincial people's Government on strengthening the implementation of city and County government administration according to law, push forward administration by law to examine, evaluate, and reward and punishment and other activities. Fourth of provinces, cities and counties (including County-level cities and districts, the same below) Government-led administration work within their respective administrative areas. Examination of specific work by the level of Government leading group for comprehensively promoting administration according to law implementation.

    Leading Group Office of administration according to law review routine.

    Government legal system, monitoring, human resources and social security, programming, financial sectors in accordance with their respective responsibilities, to do administrative work according to law.

    Article Fifth Municipal Government and the provincial governments are responsible for assessment of government departments; municipal County Government is responsible for assessment and the level of government departments; and the County Government is responsible for assessment Township government departments.

    Implementation of vertical management departments below the provincial, by its superior management assessment, and fully hear the views of local government, examination results a copy of the local Government Administration Office.

    Dual management departments, assessment by the local government, and fully listen to the opinions of its senior management, evaluation results a copy of the senior management.

    Higher levels of Government should be to strengthen the work of lower-level government administration examination guidance and supervision.

    Sixth administrative review according to law should be incorporated into the Government, government departments and their staff performance appraisal system.

    Article seventh administration assessment shall follow the facts, open and fair, the principle of public participation, organization, classification is responsible for.

    Eighth administration assessment of the main contents include:

    (A) to establish and improve a scientific and democratic decision-making mechanisms;

    (B) the transformation of government functions;

    (C) strengthening the system construction;

    (D) regulate administrative enforcement;

    (E) preparing to resolve administrative disputes and social contradictions;

    (F) strengthening the administrative supervision;

    (VII) organizational leadership and responsibilities of the administrative work according to law;

    (VIII) assessment identified other needs assessment of content.

    Nineth establish and improve the scientific and democratic decision-making mechanism of the basic requirements:

    (A) clear decision-making authority, improve the administrative decision rules, regulation of administrative decision-making procedures;

    (B) the major administrative decisions listening, hearing, the review of legality, collective discussion and decision systems;

    (C) establish evaluation system after the implementation of the major administrative decisions;

    (D) establish and implement administrative accountability mechanism for decision making, achieve unity of decision-making power and decision-making responsibility.

    Article tenth basic requirements for the transformation of government functions:

    (A) to define and standardize the functions and powers of the executive authorities, separated from promoting the separation of politics and political assets, implementation of statutory responsibilities, organization and staffing;

    (B) improve the financial guarantee mechanism of administration by law, centralize and unify the public finance system, straighten out and standardize administrative fees and other non-tax revenues, strictly implement the "two lines of income and expenditure" system, administrative costs included in the budget be protected, centralized payment;

    (C) reform of the Administration, standardize administrative permission, reduce administrative licensing (approving) project, administrative planning, administrative guidance, the role of administrative contracts or any other means, accelerate the construction of e-Government, administrative powers transparent online run, expanding the scope of Government on-line Office, and establish a monitoring network, the Executive and the implementation of administrative licensing (approving)? to monitor;

    (D) advancing the opening of Government information, establish and improve the disclosure of Government information, assessment, social commentary, accountability systems, annual reports, timely, accurate public disclosure of Government information according to law, and to provide facilities for public access to government information;

    (E) establish early warning and emergency mechanism to constantly improve contingency plans, for matters of emergency decision making scope, starting mechanisms, procedures, time limits, disclosure forms provided and properly handle various emergencies.

    11th strengthen system construction and the basic requirements:

    (A) the draft or in the Government regulations and regulatory documents, shall comply with the provisions of laws and regulations, in strict compliance with the statutory authority and statutory procedures;

    (B) establish regulations and regulatory documents of public participation, expert consultation demonstration, review of legality, collective discussion, listen to and accept information note, the announcement system;

    (C) the legislative projects carried out cost-benefit analyses and assessments on a regular basis;

    (D) improve local regulations, government regulations and regulatory documents to modify, repeal and cleaning systems, implementation of normative documents are valid system, implementation of the regulations regulatory documents periodic cleaning requirements, Liaoning province.

    12th administrative enforcement of basic requirements:

    (A) reform of the administrative system, fully implement and standardize the power of relatively concentrated administrative punishment, actively promote the comprehensive administrative law enforcement pilot, explore the power of relatively concentrated administrative license established coordination mechanism of administrative disputes;

    (B) performing administrative duties according to law, achieve legal, accurate, qualitative, due discretion appropriate, law enforcement procedures, consistent with legal requirements;

    (C) the system of administrative law enforcement entity to review, the Chief law enforcement officers training exam qualifications and certificates;

    (D) the administrative law enforcement system, law enforcement, law enforcement based on content, rights and responsibilities, law enforcement, adjudication standards, procedures, specific time limits, methods of supervision to the public;

    (E) establish files comments on the system of administrative law enforcement, administrative sanctions, administrative license, the administrative enforcement of administrative law-enforcement activities, such as checking records, material evidence, a law enforcement instrument and other materials should be filing, centralized management, and regularly check the evaluation;

    (F) the right of free judgment for administrative punishment, establish and implement the administrative penalty discretion baseline system, description and precedent systems, strict enforcement of separation of penalty payments, major administrative punishment system, exploring its normative work discretion in administrative license;

    (G) the statistical analysis of the administrative law enforcement system, administrative punishments, administrative license annual statements submitted on time;

    (H) implementation of the responsibility system for administrative law enforcement and appraisal system, regulations on the implementation of the responsibility system for administrative law enforcement in Liaoning province, combed in strict accordance with law enforcement based on decomposition law enforcement responsibility, implementation of responsibility and the implementation of administrative enforcement evaluation, accountability and other related systems.

    13th precaution administrative disputes and social contradictions in basic requirements:

    (A) establishing and perfecting the contradictions and disputes settlement system, establish new mechanisms for resolving civil disputes, civil disputes to mediation by administrative organs according to law, in accordance with legal authority and procedure, openness, fairness and justice, to be dealt with in a timely manner;

    (B) the receiving, handling administrative reconsideration cases according to law, justice, administrative reconsideration decisions are made in a timely manner, perform participation duties of administrative reconsideration, to fulfil administrative reconsideration decision of the higher administrative authority;

    (C) administrative decisions and administrative conciliation procedures, efficient, accessible, low cost solution to the dispute;

    (D) improve the system of people's mediation, and actively supporting grass-roots organizations conduct the people's mediation work;

    (E) improve the petition system, improve the quality of petition agencies complaint, resolve disputes and efficiency to guide parties through legal means to resolve the dispute.

    14th strengthen the administrative supervision of the basic requirements: (A) consciously accept the supervision of people's congresses and their standing committees, established in accordance with administrative reporting system.

    Governments at all levels to the level at the end of each year the Standing Committee and the written report on the level of government administration, answering questions, carefully handled deputies proposals;

    (B) accept the CPPCC's democratic supervision, actively listen to their views and suggestions on Government's administrative work according to law, seriously handling CPPCC proposals; (C) accept the judicial supervision, head of the executive authorities appear in court systems.

    Executive for people's Court accepted the case, the administrative organ shall appear before the respondent, conscientiously to fulfil the people's Court of Justice;

    (D) strengthening government supervision, Liaoning province, the implementation of the regulations on the administrative law enforcement supervision, strengthen the supervision of subordinate executive administrative acts; (E) the system of sound recording review regulations and regulatory documents.

    Developing regulations and regulatory documents in accordance with the regulations submitted for the record, strengthen their subordinate departments and government supervision of abstract administrative act; (F) improve and strictly enforce the system of administrative compensation. Establishing and perfecting the system of administrative compensation.

    In cash in full and within the statutory time limit in accordance with legal citizens, legal persons and other organizations should receive the compensation or executive compensation;

    (G) support and monitoring, auditing and other specialist oversight bodies independently carry out oversight work, and consciously accept the supervision and implementation of oversight bodies decisions; (H) improve the reporting and complaint system.

    Improve the complaints of citizens, legal persons and other organizations reporting survey, the media reflect the verify and handle the work in a timely manner.

    15th organizations working to implement administration leadership and responsibility to implement the basic requirements:

    (A) as basic guidelines for government administration, running through the various aspects and links;
(B) establish administrative leadership, oversight and coordination mechanisms, the Executive heads in the discharge of duties of the first person, develop concrete ways to promote administration according to law and measures to implement the annual task of the phased deployment and administration according to law, establish and perfect evaluation system of administrative supervision according to law;

    (C) establishment of administrative accountability and performance management systems, monitoring bodies responsible for organizing, guiding, supervising Government departments implement administrative accountability, government sector institutions responsible for administrative fault responsibility investigation work;

    (D) establish sound leaders and executive staff learning systems, strengthen the administration of administrative law enforcement personnel training and assessment, strengthening the legal literacy and legal awareness, creating sound environment for respecting law abiding, rights and interests of the whole society;

    (E) strengthening institution-building of the legal system, support and supervise the Government legal departments and legal agencies to push forward administration by law in the performance of departments and manpower planning, comprehensive coordination, supervision and guidance, supervision and inspection and evaluation functions.

    Article 16th day-to-day assessment at administrative checking and annual assessment, comprehensive assessment and special examination and self-examination and self-evaluation review and public comments, materials and field sampling, qualitative and quantitative test methods.

    Article 17th assessment authorities should be based on this approach, combined with the level of Government or the annual administration priorities and main objectives of the system requirements, develop annual administration review implementation plan, specific content, assessment criteria, assessment forms and grades standards.

    18th object under consideration should be in accordance with the requirements of the examination authority to do self-examination and self-evaluation, and provide the following materials:

    (A) the administration work of self-examination and self-evaluation reports;

    (B) the self-assessment based on the results and the special examination;

    (C) the meeting record of promoting administration according to law, documents, statistical reports, and so on;

    (D) other materials sought by the examination bodies. 19th assessment projects and standards should be clear and specific, according to the evaluation, evaluation results are divided into at least three or more grades.

    Such standards by assessment bodies according to the evaluation of the content and requirements.

    20th under any of the following circumstances, according to the assessment, decided by the examination bodies, be added or improved grades:

    (A) administrative work according to law, and by the provincial (provincial, hereinafter the same) these commendations and awards;

    (B) the innovations of administration by law is above the provincial level authorities as experience;

    (C) administrative work according to law by the provincial news media as a typical experience of more than reports;

    (D) appraisal agencies under other circumstances.

    21st test result should be informed, good honor; not qualified for criticism, ordered written corrective opinions, and recommended that the authorities to hold people accountable.

    Found in the assessment of serious illegal administrative activities, assessment agencies should initiate administrative accountability procedures, and hold principals accountable; a suspected crime, transferred to judicial organs for handling.

    22nd Provincial Government municipal government administration performance evaluation index and examination, and so on, according to the relevant provisions of the provincial government.

    On city or County Administration assessment of the agency or agencies, in accordance with the measures implemented. 23rd these measures shall come into force on January 10, 2010.