Advanced Search

Liaoning Province, Provisions On The Administrative Law Enforcement Supervision

Original Language Title: 辽宁省行政执法监督规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Administrative law enforcement oversight provisions in the vasten Province

(Adopted by the 33th Annual Conference of the Eleventh People's Government of the Commonwealth of Excellencies of 6 January 2010 No. 241 of 13 January 2010 for the publication of Government Order No. 241 of 22 February 2010)

Chapter I General

In order to strengthen administrative law enforcement hierarchy, to ensure the proper implementation of laws, regulations and regulations, to promote the strict administration of the executive branch, in accordance with the law, legislation and regulations, to preserve the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this provision in line with the laws, regulations and relevant provisions of the People's Congress of Local People's Representatives of the People's Republic of China and the People's Government at the local level, the State Department's Comprehensive Promotion of the Framework for the Implementation of the Law of the Judiciary and the Administrative Enforcement Regulations of the Province of Broaden.

Article 2 states administrative law enforcement oversight, which refers to the supervision of the superior Government, the executive law enforcement branch at all levels, the executive law enforcement branch at the lower level and its administrative law enforcement activities.

Article 3. All levels of government and the administrative law enforcement sector (including legislation, legislation authorizing law enforcement and the organization entrusted with law enforcement under the law), and their administrative law enforcement officials should comply with this provision.

Article IV. Administrative law enforcement oversight should be guided by the principles of law, objectivity, impartiality, openness and integrity, the integration of education and punishment, the supervision of inspections and improvements, and the strict application of the law by executive organs and administrative law enforcement officials at all levels to safeguard the legitimate rights and interests of citizens, legal persons and other organizations.

Article 5. Provincial, municipal, district (including district, district, with the same) government leads to administrative law enforcement oversight in this administrative area and oversees administrative law enforcement activities in the respective administrative law enforcement services and at the subnational level.

The executive branch of the provincial and municipal governments is responsible for overseeing administrative law enforcement activities in the local administration of the system.

Administrative law enforcement activities in the administrative law enforcement sector, which is administered directly in the province, are subject to the supervision of the Government at its location.

Article 6

The rule of law sector and sectoral rule of law institutions at all levels are responsible for administrative law enforcement oversight in the current administration area and under the leadership of the Government.

Departments such as inspection, audit, finance, are governed by law with respect to administrative law enforcement activities.

Article 7. Governments or the executive branch at all levels should recognize units and individuals that have made notable achievements in administrative law enforcement oversight.

Requirements for administrative enforcement oversight are included in the current Government's financial budget.

Chapter II Oversight elements

Article 9.

(i) Implementation of laws, regulations and regulations;

(ii) Does the executive law enforcement authorities have the qualifications of the executive law enforcement subjects;

(iii) Does administrative law enforcement personnel have administrative law enforcement qualifications and conditions;

(iv) The development and review of abstract administrative acts, such as regulations, normative documents;

(v) Implementation of administrative decisions, orders and administrative review decisions by superior organs;

(vi) The legality and appropriateness of specific administrative law enforcement acts, such as administrative sanctions, administrative licences, administrative enforcement, administrative charges, administrative payments, administrative recognition and administrative decisions;

(vii) Progress in the reform of the administrative law enforcement system, with relative focus on administrative penalties, integrated administrative law enforcement, regulatory discretion and regulating the discretionary power of administrative approval;

(viii) Administrative law enforcement reports, handling of complaints cases;

(ix) Coordination of administrative law enforcement disputes between administrative law enforcement authorities;

(x) The security of administrative law enforcement personnel with and administrative law enforcement funds;

(xi) Managing, disposing of, and punishing, the separation, income and expenditure line, and the imposition of financial assets;

(xii) Implementation of administrative law enforcement responsibilities and review of the conduct of the examination of the nuclear system;

(xiii) Accountability for administrative law enforcement;

(xiv) Other matters that should be monitored.

Article 10 introduces an administrative law enforcement reporting system. Municipal, district governments should report administrative law enforcement to the Government at the highest level each year, and the executive law enforcement authorities in all levels should report on administrative law enforcement to the current Government annually.

The executive branch responsible for the implementation of the law, regulations, regulations and regulations has been implemented for one year, within 30 days of the expiration date of the expiration of the period, should report to the Government in writing the following:

(i) Education awareness of laws, regulations and regulations;

(ii) Coherent measures and systems development;

(iii) Construction and training of the administrative law enforcement team;

(iv) The investigation of violations;

(v) Issues and measures for improvement in administrative law enforcement;

(vi) Observations and recommendations on legal, regulatory and regulatory aspects;

(vii) Other matters requiring reporting.

Article 11. Execution of the qualification of the subject matter of administrative law enforcement. The rule of law sector at all levels should review the qualifications of executive law enforcement agents in the executive law enforcement sector, which is a part of the Government, and review the findings in this administrative region.

The administrative law enforcement authorities are mandated by law by other executive organs or organizations to exercise administrative law enforcement functions, as set out above.

The executive law enforcement component of the executive branch administered in the province is qualified by the same location as the Government's rule of law sector.

Article 12 introduces a system of eligibility for administrative law enforcement personnel. Administrative law enforcement officials are engaged in administrative law enforcement activities, and administrative law enforcement documents should be available. Administrative law enforcement activities cannot be carried out without access to administrative law enforcement documents.

The use of administrative law enforcement documents issued by the Department of State, which are presented by the use of units to the Government's rule of law sector.

The rule of law sector in the district level and the executive law enforcement sector should conduct training on legal knowledge, law enforcement skills for administrative law enforcement officials in the current administration or in the sector.

Article 13 introduces a regulatory review system for normative documentation. The regulations or normative documents developed by all levels of government should be presented for review at the top level; normative documents developed by the executive law enforcement departments of all levels of government should be presented for the review.

The rule of law sector at all levels should regularly inform the copies of regulations, normative documents.

Article 14. More than zonal governments should check up the implementation of laws, regulations, regulations and regulations by the lower-level government and the administrative law enforcement authorities.

The administrative law enforcement sector, which belongs to the above-mentioned Government, should submit the next annual administrative law enforcement inspection recommendation to the Government's rule of law sector by the end of each year. The Government's rule of law sector has developed an annual administrative law enforcement inspection plan based on actual needs.

The Government's rule of law sector can organize specific administrative enforcement inspections with the relevant authorities.

After administrative law enforcement inspections, the Government's rule of law sector should submit written reports to the current Government.

Article 15. Execution of the administrative law enforcement review system. Monitoring records, evidence materials, law enforcement instruments, etc., developed by administrative sanctions, administrative licences, administrative enforcement activities, etc., should be collected, collated, archived, archived, and centralized management, in accordance with prescribed standards. Governments at all levels and administrative law enforcement authorities should organize regular administrative law enforcement reviews.

The relevant departments of the Department of State have provisions in the form of administrative law enforcement instruments. The relevant parts of the country do not provide for the uniform administrative law enforcement instruments of the system by the administrative law enforcement branches of the provincial government, and the provincial Government's rule of law.

Article 16 introduces a review system for major administrative penalties. Major administrative sanctions decisions taken by the lower-level Government should be reported to the top-level Government; significant administrative sanctions decisions taken by all levels of government-owned departments should be reported on the current Government.

The executive branches of municipalities, provincial governments are responsible for the suspension of the production, suspension of licences or licences, fines to individuals or forfeiture of property of more than 1 million dollars (concluding this figure), fines to units or confiscation of property of more than 10,000 dollars, and shall be sent to the provincial Government's rule of law sector for the period 15 days from the date of the decision. Major administrative penalties for municipalities and districts are set up by municipalities and district governments.

The submissions should include written reports and administrative sanctions decisions on major administrative penalties decisions. Major administrative penalties for referrals by the rule of law sector at the district level should be reviewed within 60 days of the date of receipt of the report and feedback to the relevant departments.

Article 17 introduces a statistical reporting system for administrative law enforcement. Governments and relevant executive law enforcement departments should conduct statistical analysis of the administrative regions, administrative sanctions, administrative licences, administrative enforcement, etc. in this sector, and, in accordance with the relevant provisions, report statistical analysis reports and statistical statements.

Article 18 imposes a system of discretion to regulate administrative sanctions. The executive branch of the provincial, municipal and district governments should be established, in accordance with the relevant provisions of the State and the provincial authorities, to set up a standard of discretionary guidance for administrative sanctions, to establish a baseline system, precedent system and a system of description of administrative sanctions.

Article 19 introduces administrative law enforcement reports, complaints systems. Citizens, legal persons or other organizations believe that administrative law enforcement is in conflict with or inappropriate, may report, lodge complaints to the executive law enforcement department or to the Government's rule of law sector.

The Government's rule of law sector or administrative law enforcement authorities should investigate the complaints received within 60 days and inform the perpetrators of the results.

Reporting, complaints have been used in real name. The sectors that receive reports and complaints should be confidential.

Article 20 introduces a system of administrative law enforcement conciliation. Administrative law enforcement disputes arise between the administrative law enforcement authorities and are resolved in consultation with the parties.

The consultations could not be agreed and brought together at the level of government rule of law. The Government's rule of law sector has been coordinated to produce a harmonized opinion on administrative law enforcement disputes; to coordinate unanimity and to invite the Government to adjudicate.

Until the dispute is not coordinated or adjudicated, the executive law enforcement branch shall not take a decision on administrative treatment unless it relates to public safety or the security of citizens.

The Government's rule of law sector should monitor the implementation of decisions.

Article 21 imposes a financial budget management system for the separation of payments and the two lines of income and expenditure. The administrative law enforcement sector may not impose administrative sanctions targets.

In imposing fines, forfeiture of proceeds of violations and forfeiture of illegal property, the executive law enforcement authorities should give the parties a specialized instrument for the harmonization of the provincial financial sector.

The administrative law enforcement sector shall not undermine the destruction and use of, interception, seating and private punishment.

Article 22 imposes an administrative law enforcement responsibility regime. The top-level Government, the executive law enforcement authorities at all levels, the executive law enforcement sector, the executive law enforcement branch, the implementation of administrative law enforcement responsibilities for the subordinate executive law enforcement agencies and administrative law enforcement officials, should be regularly organized.

Article 23 imposes a system of accountability for administrative law enforcement. All levels of government, the administrative law enforcement sector should be held accountable to the responsible person for acts of administrative error.

Chapter III Oversight procedures

Article 24 should perform the following duties:

(i) Develop relevant systems for administrative law enforcement oversight;

(ii) A programme for administrative law enforcement oversight and organization of implementation;

(iii) Address issues identified in the course of administrative law enforcement oversight;

(iv) Guidance, supervision and inspection of administrative law enforcement oversight at the lower level;

(v) Inspections, investigation elements involving State secrets, commercial secrets or personal privacy should be conservative;

(vi) Other responsibilities under laws, regulations and regulations.

Article 25

(i) Request the executive law enforcement and administrative law enforcement officials to explain and clarify issues related to administrative law enforcement oversight;

(ii) Inquired with the heads of the executive law enforcement branch, executive law enforcement officers, administrative counterparts, witnesses, etc., and in the production of a query;

(iii) Access to relevant materials, access to administrative law enforcement files and accounts, instruments, vouchers, etc., and, where necessary, reproduction;

(iv) Removal of relevant materials and goods involving violations;

(v) To entrust the relevant bodies with the identification, assessment, testing;

(vi) To suspend or collect administrative law enforcement documents held by persons suspected of committing violations of the law;

(vii) To compel administrative law enforcement and administrative law enforcement officials to cease administrative law enforcement;

(viii) To hold the administrative law enforcement branch and administrative law enforcement officers to perform their statutory duties or to modify administrative law enforcement;

(ix) Removal, modifying administrative law enforcement or confirming that administrative law enforcement is in conflict with the law and re-establishing specific administrative law enforcement acts;

(x) To blame for the elimination of the impact, restoration of honour, apology of compensation and compensation for losses;

(xi) To be responsible for the prosecution of administrative responsibility or for the transfer of criminal responsibility to the judiciary;

(xii) Other measures under laws, regulations and regulations.

The relevant administrative law enforcement authorities and administrative law enforcement officials should cooperate with administrative law enforcement oversight, without denying or destroying, transferring evidence.

Article 26 Administrative law enforcement oversight authorities should present an administrative law enforcement oversight certificate in the Province of Extension when conducting inspections and investigations.

Administrative law enforcement supervisors should engage in administrative law enforcement oversight within the prescribed regional or system.

In accordance with the work needs, the Administrative Law Enforcement Monitoring Service may invite a large number of representatives, parliamentarians, journalists and others to participate in administrative law enforcement oversight activities.

In the course of administrative law enforcement supervision, the Administrative Law Enforcement Monitoring Service found that administrative law enforcement might seriously undermine public interests or the legitimate rights and interests of citizens, legal persons and other organizations, triggering incidents of group nature and the adverse impact on society, with the approval of the executive law enforcement supervisory authorities, the notice could be suspended and informed the parties in writing.

The administrative law enforcement oversight authorities should conduct prompt review of the suspended administrative law enforcement. The review confirmed that administrative law enforcement was lawful and that the administrative law enforcement authorities should give notice of recovery and inform the parties in writing; confirmed that administrative law enforcement was in conflict with the law and that the administrative law enforcement authorities should be responsible for halting administrative law enforcement and informed the parties in writing.

In administrative law enforcement oversight activities, administrative law enforcement supervisors have one of the following cases:

(i) Near relatives of the parties or parties;

(ii) Relations with themselves or with their close relatives;

(iii) Other relations with the parties may affect impartial oversight.

The evasion of administrative law enforcement supervisors is determined by the head of the executive law enforcement oversight department.

Article 33, the administrative law enforcement oversight department considers that oversight matters require hearing, or that the administrative relative and the stakeholders require hearings and that the administrative law enforcement oversight authorities consider it necessary.

The above-mentioned executive law enforcement oversight department considers it necessary to deal directly with administrative law enforcement oversight matters under the supervision of the executive branch responsible.

Article 32 provides administrative law enforcement oversight decisions by the administrative law enforcement oversight authorities, and administrative law enforcement oversight instruments should be developed and communicated to the supervisory authorities in a timely manner.

Administrative law enforcement oversight authorities should cease, fulfil their statutory responsibilities or revise administrative law enforcement by time, and should produce a letter of credit for administrative law enforcement oversight; repeal, modify administrative law enforcement or recognize the law of administrative law enforcement and re-establish specific administrative law enforcement acts, and should produce a letter of administrative law enforcement oversight.

The letter of administrative law enforcement oversight or the Administrative Enforcement Regulatory Decisions have been brought into effect. The oversight sector should report on implementation to the administrative law enforcement oversight authorities within 20 days of receipt.

Chapter IV Oversight responsibility

The issues identified in the review of regulations, normative documents are dealt with in the following provisions:

(i) Upon review, the regulations go beyond the authority, violate the provisions of the top law and WTO rules, or provide for inappropriateness, or violate the statutory procedures, by the provincial Government's rule of law department responsible for the development of the organ's own corrective action; and reject corrective action by the provincial Government's rule of law department requesting the Government's consent to be withdrawn and notifying the establishment of organs;

(ii) Upon review, normative documents go beyond the authority, violate the provisions of the superior law and WTO rules, or provide for inappropriateness or in violation of the statutory procedures, by assigning authority to the executive enforcement branch of the Government at the superior or at this level; refuse to redress, by withdrawing them at the superior level or at the level of government's executive law enforcement oversight services and informing the development agencies.

In the course of implementing administrative law enforcement oversight, the executive law enforcement oversight department found that administrative law enforcement was one of the following cases, and should be responsible for the change of deadlines; that were overdue, the removal, modification of administrative law enforcement or the recognition of the law enforcement of administrative law, and the decision to redirect specific administrative law enforcement acts:

(i) The lack of clarity and lack of evidence;

(ii) The application of laws, regulations, rules and regulations;

(iii) Violations of statutory procedures;

(iv) Existence or abuse of authority;

(v) The apparent inappropriateness of administrative law enforcement;

(vi) Other cases provided for by law, regulations and regulations.

In the implementation of administrative law enforcement supervision, the executive law enforcement oversight department found one of the following cases in which the executive law enforcement department was to be responsible for the change of the deadline; the imprecisement of the delay, the issuance of a briefing and the recommendation of the Exemptory, the supervisory body, in accordance with the authority of the Ministry, to provide administrative disposal to the principal and direct responsibilities:

(i) The implementation of the administrative law enforcement system, as prescribed;

(ii) Inadequate the application of an administrative law enforcement subject to a review of the notice system;

(iii) Organization of persons who do not have administrative law enforcement qualifications to engage in administrative law enforcement activities;

(iv) The system for the review of normative documents, as prescribed;

(v) Execution of administrative decisions, orders and administrative review decisions of the superior organs;

(vi) The administrative law enforcement inspections deployed by the superior authorities have refused to be carried out;

(vii) No administrative law enforcement review system is established and implemented as prescribed;

(viii) No significant administrative sanctions decision is required;

(ix) No statistical analysis of administrative law enforcement, as prescribed, or misstatement, and conceal the statistics;

(x) Excellence of administrative penalties or unauthorized changes to the scope of administrative penalties;

(xi) The criteria for determining the discretion of administrative sanctions and the associated accompanying system are not established;

(xii) The refusal to receive complaints or to investigate cases of complaints;

(xiii) No administrative law enforcement coordination opinion and decision-making;

(xiv) The financial budget management system that does not provide for the implementation of the separation of payments and the payment of income and expenditure lines;

(xv) Provide administrative penalties indicators;

(xvi) The absence of an administrative law enforcement accountability system and the organization of a review of the examination and accountability for administrative law enforcement;

(17) obstructing administrative law enforcement inspection, investigation;

(xviii) The refusal to implement administrative law enforcement oversight decisions;

(xix) Other cases provided for by law, regulations and regulations.

Article XVI, the executive law enforcement oversight department found that administrative law enforcement officials had one of the following acts, which could be suspended, seized and seized of their administrative law enforcement documents, and recommended that their departments give critical education, induction training, treatment of departure from law enforcement positions; and that they should be given administrative disposal by law, recommend that the office be exempted, the inspectorate be administratively disposed of in accordance with the authority of management of the Ministry of the Interior; that criminal liability is alleged to constitute an offence.

(i) The use of void or private printing, falsification and conversion of administrative law enforcement documents;

(ii) No dedicated cheques issued by the provincial financial sector;

(iii) Illegal charges or seizures, coordinates and private punishments;

(iv) The unauthorized use of unjustifiable goods or the serious damage or loss due to mismanagement;

(v) Failure to perform statutory duties or to go beyond and abuse of authority;

(vi) To favour private law, bribes, or other means of violating the legitimate rights and interests of citizens, legal persons and other organizations;

(vii) Counter reprisals against the reportingers, the complainant;

(viii) Other cases provided for by law, regulations and regulations.

The administrative law enforcement oversight services should inform the executive law enforcement officers of their units and administrative law enforcement documents issued by the authorities within three days of the date of the suspension of administrative law enforcement documents. The administrative law enforcement oversight authorities may collect administrative law enforcement documents according to the circumstances or draw administrative law enforcement documents to the issuance of administrative law enforcement documents.

The duration of the suspension of administrative law enforcement documents shall not exceed six months. Administrative law enforcement officers may not engage in administrative law enforcement activities during the suspension of administrative law enforcement documents. The collection of administrative law enforcement documents should be transferred from administrative law enforcement.

Article 33, which is a non-appointed body, the inspectorate and the audit and financial sectors are subject to recommendations from the administrative law enforcement oversight authorities concerning administrative misaccountability and case investigation services, should be investigated in a case-by-case manner, and the results are to be processed in accordance with the law and transmitted to the administrative law enforcement oversight services.

Article 338 is one of the following cases in which administrative law enforcement monitors are subject to administrative disposition by an organ free of charge, a inspectorate, which is suspected to constitute an offence and transferred to the judiciary to be criminalized by law:

(i) Execution of administrative law enforcement oversight functions by law;

(ii) Use of administrative law enforcement oversight functions for private gain;

(iii) There are other omissions and misconducts.

Chapter V

Article 39 The administrative law enforcement oversight provisions of the Ministry of Excellence of 1 March 1992 (Public Government Order No. 17) and the Supplementary Rules for Administrative Law Enforcement in the Province of Excellence of 17 March 1995, issued by the Executive Office of the Government of the Commonwealth of Extension on 17 March 1995, were repealed.