Liaoning Province, Provisions On The Administrative Law Enforcement Supervision

Original Language Title: 辽宁省行政执法监督规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256398.shtml

Liaoning province, provisions on the administrative law enforcement supervision

    (January 6, 2010 11th people's Government of Liaoning province at the 33rd Executive meeting on January 13, 2010, order No. 241 of Liaoning Province announced as of February 22, 2010) Chapter I General provisions

    First article to strengthening administrative law enforcement level supervision, guarantee legal, and regulations and regulations of right implementation, promote administrative organ strictly law administrative, maintenance citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China place levels Congress and place levels government organization method, and State full advance law administrative implementation platform for and Liaoning province administrative law enforcement Ordinance, legal, and regulations and about provides, combined I province actual, developed this provides.

    Administrative law enforcement supervision referred to in the provisions of article, refers to the higher levels of Government to lower levels of Government, at all levels of Government-owned administrative departments, higher administrative law-enforcement departments of lower administrative law-enforcement departments and administrative oversight of the implementation of administrative enforcement of law enforcement personnel.

    Article at all levels of Government and subordinate administrative departments (including laws, regulations, licensing and entrusts the enforcement of law enforcement organizations, the same below) and administrative law enforcement personnel shall abide by these provisions.

    Fourth administrative law enforcement supervision work should follow the law and the principles of objectivity, impartiality, openness and mistakes must be corrected, combining education with punishment, combined with the improvement of supervision and inspection to ensure administrative bodies and administrative law enforcement personnel at all levels strictly by law, maintaining the lawful rights and interests of citizens, legal persons and other organizations.

    Fifth of provinces, cities and counties (including County-level cities and districts, the same below) leading administrative law enforcement supervision within the administrative area of the work of the Government, and belongs to the administrative law enforcement department supervises the administrative law-enforcement activity and lower levels of Government.

    The province, the municipality belongs to the administrative law-enforcement departments are responsible for the lower level of the system supervises administrative law enforcement departments of administrative law-enforcement activity.

    Vertically below the provincial administration of administrative law enforcement departments of administrative activities, and accept their supervision over the Government at the same level.

    Sixth provincial government oversight in the rule of administrative law enforcement departments across the province, under the leadership of the provincial government is responsible for the administrative organs at various levels in the province of administrative law enforcement supervision and guidance.

    Rule of law institutions in government legal departments at all levels and departments of the Government, under the leadership of the Department responsible for the Administration, the system of administrative law enforcement supervision work.

    Monitoring, audit, financial departments shall exercise supervision on administrative law enforcement activities in accordance with their respective responsibilities.

    Article at all levels of Government or administrative law enforcement departments to highlight achievements made in administrative law enforcement supervision unit and individual honor.

    Article eighth administrative law enforcement supervision requirements incorporate the Government budget to protect it.

    Chapter II supervision and content

    Nineth administrative law enforcement supervision of main contents are:

    (A) implementation of the laws, regulations and rules;

    (B) the administrative law-enforcement departments have executive law enforcement entity;

    (C) whether administrative law enforcement personnel with the administrative law enforcement qualifications and conditions;

    (D) the regulations and regulatory documents development and file review of abstract administrative act;

    (E) administrative decisions and orders of the authorities and the implementation of the decisions of administrative reconsideration;

    (Vi) administrative sanctions, administrative license, the administrative enforcement, administrative levy, executive pay, administrative confirmations, administrative decisions, such as whether the specific acts of administrative enforcement legal and appropriate;

    (G) promoting the reform of administrative law enforcement, power of relatively concentrated administrative punishment, the comprehensive administrative law enforcement, free judgment for administrative punishment right of discretion in administrative approval and standardize such work;

    (H) the administrative law enforcement reports, complaints processing;

    (IX) the Chief administrative disputes of law enforcement coordination between law enforcement departments;

    (10) administrative law enforcement staffing and administrative resources protection;

    (11) the separation of penalty payments, revenue and expenditure line and the management and disposal of confiscated property;

    (12) the implementation of administrative law enforcement responsibility system and evaluation system;

    (13) the liability of administrative enforcement held accountable;

    (14) other items should be monitored. Tenth administrative law enforcement reporting system.

    City and county governments shall report annually up government administrative enforcement; government administrative departments at all levels should report annually to the level of government administration and law enforcement.

    Laws, rules and regulations a year, from the date of expiration of the 30th, is responsible for the implementation of administrative law-enforcement departments should report to the Government written the following:

    (A) laws, regulations, regulatory study information;

    (B) supporting the formulation of measures and systems;

    (C) the law enforcement team-building and training;

    (D) an investigation of the case;

    (E) problems and improvement measures of administrative enforcement of law;

    (Vi) comments on the laws, rules, regulations and recommendations;

    (G) other matters that require reporting. Article 11th system of administrative law enforcement qualification approval notice.

    Government legal departments at all levels should be on the level of Government-owned administrative law enforcement departments of administrative law enforcement entity for verification, verification of results announcements in the media within their respective administrative areas.

    Administrative law-enforcement departments shall entrust other administrative bodies or organization exercising administrative law enforcement responsibility, according to the provisions of the preceding paragraph.

    Vertical management of administrative law-enforcement departments below the provincial administrative law enforcement entity, confirmed by their Government Legal Department at the same level. 12th administrative law enforcement personnel qualification system. Administrative law enforcement personnel engaged in law enforcement activities, must have qualifications on administrative enforcement, administrative law-enforcement documents.

    Without obtaining the certificate of administrative enforcement shall not engage in law enforcement activities.

    Use of departments of the State Council issued administrative documents, by using the level of Government Legal Department.

    Government legal departments and the administrative law-enforcement departments at and above the county level shall on a regular basis within their administrative regions or administrative law enforcement personnel in this sector for education in legal knowledge, law enforcement skills training. Article 13th regulations normative documents for the record review system.

    All levels of Government to develop regulations or normative documents, shall be submitted to Governments at a higher level for the record review government regulatory documents established by the administrative law-enforcement departments at all levels, shall be submitted to the Government for the record review.

    Government legal departments at all levels should be regularly informed of regulations and regulatory documents submitted for the record. 14th administrative law enforcement and inspection systems.

    Governments above the county level should be to lower levels of Government and the administrative law-enforcement departments enforce laws, rules and regulations for examinations. Government administrative departments at and above the county level shall, each year before the end of next year to the level the Government Legal Department administrative law enforcement inspection recommendations.

    Government legal departments according to practical needs, development of annual administrative law enforcement inspection plan.

    Government legal departments jointly with related departments organized special administrative law enforcement inspection.

    After the end of the administrative checks, the Government Department of Legal Affairs shall submit a written report to the level of Government. Article 15th files comments on the system of administrative law enforcement. Administrative sanctions, administrative licensing, administrative enforcement of administrative law-enforcement activities, such as supervision and inspection of records, evidence and enforcement instruments should be carried out in accordance with the provisions of the standard collection, sorting, filing, archiving, and centralized management.

    All levels of Government and the administrative law enforcement departments should carry out regular administrative file review found. Provisions of relevant departments of the State Council on administrative enforcement document format from its provisions.

    Relevant departments of the State are not covered, by the provincial government-owned administrative law enforcement departments under the system of administrative law enforcement document format, and reported to the provincial government's Department of Legal Affairs for the record. Article 16th major administrative penalty decisions for the record review system.

    Subordinate government level on major administrative punishment shall be submitted to the Government for the record; major government departments at all levels to make the decision on administrative penalty shall be submitted to the Government for the record. Department administrative enforcement of the municipalities, the provincial government be ordered to suspend production, rescission of a license or permit, for more than 10,000 yuan of personal fine or confiscation of property (including the number, the same below), the unit fines or confiscation of property more than 100,000 major administrative punishment decision, shall take a decision within 15th of, submitted to the provincial government's Department of Legal Affairs for the record.

    Municipalities and County major administrative punishment decision record-keeping standards by the municipal and County Government to develop. Submit the archival materials should include major administrative punishment decision filed a written report and written decision of administrative penalty.

    The Government legal departments at or above the county level to submit for the record the major administrative punishment decision, shall, within 60 days of the date of filing the reports received this review has been completed, and feedback the results to the relevant departments. 17th administrative enforcement statistical reporting system.

    Government and the administrative law-enforcement departments at all levels should be on the administrative area, the Department administrative punishments, administrative licensing, administrative enforcement of statistical analysis and in accordance with the relevant provisions, submit statistical analysis reports and statistical reports. Article 18th free judgment for administrative punishment system.

    Department administrative enforcement of the provincial, city and County Government, shall, in accordance with national and provincial regulations, development of administrative penalty discretion guidance standards, establish reference system and precedent system and description of the administrative penalty system. Article 19th reports, complaints system of administrative law enforcement.

    Citizens, legal persons or other organizations administrative law enforcement is considered illegal or improper, it can give the law enforcement agencies on the level or the level of government legal departments to report and complain.

    Government legal departments or administrative law enforcement departments should be admissible, reporting, investigation and handling of complaints within 60 days and informed reporting, the complainants of the outcome. Reports, complaints by real name.

    Receiving reports, complaints departments should report, confidentiality of the complainant. Article 20th coordination of dispute adjudication system of administrative law enforcement.

    Administrative enforcement disputes between administrative law enforcement departments, consultation by both parties. Consensus cannot be reached after consultation, drew attention to the Government at the Department of Legal Affairs jointly solved.

    Government legal departments agreed, making the controversial opinion on the coordination of administrative law enforcement coordination could not reach an agreement and submit them to the level of Government decisions.
Disputes without prior coordination or ruling, in addition to public security or personal safety, administrative law enforcement is allowed to unilaterally make a decision of administrative handling.

    Government legal departments to monitor the implementation of the decision. Article 21st penalty payment of separation, the two lines of income and expenditure of the budget management system.

    Indicators of administrative departments shall not require an administrative punishment.

    Administrative law-enforcement departments to implement fines, confiscate the illegal income, while confiscation of unlawful property or things, parties should be issued by the provincial financial Department made of special paper.

    Administrative law-enforcement departments shall not damage and use, retain, take, distribute confiscated property. 22nd the implementation of responsibility system of administrative law enforcement.

    Governments at higher levels to lower levels of Government, at all levels of Government-owned administrative departments, administrative law-enforcement departments to their administrative enforcement agencies implement the responsibility system for administrative law enforcement work and administrative law enforcement personnel shall regularly review, assessment. Article 23rd fault responsibility investigation system of administrative law enforcement.

    All levels of Government, administrative law-enforcement departments should be responsible for faults shall be investigated for criminal liability for acts of administrative law enforcement.

    Chapter III supervision procedure

    Article 24th administrative law enforcement and supervision Department shall perform the following duties:

    (A) formulate related administrative law enforcement supervision system;

    (B) the administrative law enforcement supervision and organize the implementation of the programme;

    (C) address the issues found in the administrative law enforcement supervision;

    (D) to direct, supervise and check subordinate administrative supervision over law enforcement;

    (E) inspections, investigations involving State secrets, business secrets or personal privacy, should keep a secret;

    (Vi) other duties stipulated by laws, rules and regulations.

    25th administrative law enforcement supervision can take the following measures:

    (A) administrative law-enforcement departments and administrative law enforcement personnel on administrative law enforcement supervision and inspection, survey, provide an explanation and description of the problems involved;

    (Ii) asked the heads of administrative departments, administrative law-enforcement personnel, administrative, witnesses, and interrogation;

    (C) access to relevant materials, and access to administrative records and accounts, bills, vouchers and, if necessary, can be copied;

    (D) withhold involved in illegal cases relating to materials and articles;

    (E) the commissioned body identification, assessment and testing;

    (F) suspend or withdraw suspected of an illegal administrative act administrative documents held by personnel;

    (G) order the administrative law-enforcement departments and administrative law enforcement personnel to stop administrative enforcement action;

    (VIII) ordering administrative law-enforcement departments and administrative law enforcement personnel within a statutory duty or within a time limit of administrative enforcement actions;

    (I) revoke or alter or confirm an administrative law enforcement executive action is illegal, and ordered a new specific administrative act;

    (X) shall be ordered to remove, rehabilitate, apologize and compensate for the damage;

    (11) ordered the offending person prosecuted administratively or transferred to judicial organs for criminal responsibility;

    (12) the laws, regulations and other measures provided for in regulation.

    Related administrative law enforcement departments and administrative law enforcement personnel shall cooperate on administrative law enforcement supervision and shall not refuse or destroy evidence, transfer.

    26th the administrative law enforcement and supervision departments to carry out inspections, investigations, shall produce the certificate of administrative law enforcement supervision in Liaoning province.

    Administrative law enforcement supervision staff shall, in the prescribed areas or in administrative law enforcement supervision system.

    27th administrative supervision departments in accordance with the needs of law enforcement, can invite the NPC deputies and CPPCC members, journalists and others involved in administrative law enforcement supervision activities.

    28th administrative law enforcement and supervision departments in the course of administrative law enforcement supervision, found that executive action could seriously harm public interests or citizens, legal persons and other organizations the legal rights and interests, triggered mass incidents and situations such as adverse effects on society, approved by the heads of law enforcement and supervision departments, may grant a suspension notice, and shall inform the parties in writing. Administrative law enforcement supervision departments should be suspended in a timely manner review administrative enforcement action according to law.

    Following a review, confirm legitimate executive action, administrative law enforcement supervision Department shall issue recovery notices, and shall inform the parties; recognition of administrative enforcement law, administrative law enforcement supervision departments should be ordered to stop the administrative enforcement Act, and shall inform the parties in writing.

    29th in administrative law enforcement and supervision activities, administration and supervision of law enforcement personnel have one of the following should be avoided:

    (A) is a party or a close relative of;

    (B) I or my near relative has an interest;

    (C) other relationships with the parties, may affect the impartiality of monitoring.

    Withdrawal of the Administration and supervision of law enforcement personnel, by the decision of the administrative law enforcement and supervision Department.

    Article 30th administrative hearing of matters of law enforcement and supervision departments monitoring needs, or private party and interested persons to request a hearing and administrative law enforcement supervision Department deems it necessary, shall organize the hearing.

    31st superior administrative law enforcement and supervision Department deems it necessary, can handle the lower administrative law enforcement and supervision Department is responsible for the administrative supervision of law enforcement matters.

    32nd administrative law enforcement and supervision Department of administrative law enforcement supervision and treatment decisions, administrative law enforcement supervision instruments shall be made and delivered by the supervision departments.

    Administrative law enforcement supervision Department to order the suspension, ordered to perform their statutory duties or within a time limit of the administrative law enforcement, shall make the notification of administrative law enforcement supervision; revoked, modified or confirmed violation of administrative law enforcement executive action, and order the new specific administrative act is made, it shall make a written decision of the administrative law enforcement supervision. The administrative law enforcement supervision notice or written decision of administrative law enforcement supervision, take effect from the date of delivery.

    Supervision departments shall be from the date it receives in the 20th, to administrative law enforcement supervision departments reporting on implementation.

    Fourth chapter oversight responsibilities

    Article 33rd record-keeping problems found in a review of regulations and regulatory documents, in accordance with the following provisions:

    (A) upon examination, the regulations ultra vires and contravenes the provisions of law and WTO rules, or is not appropriate, or of violation of legal procedures, formulated by the provincial government's Department of Legal Affairs shall be ordered to correct its own; refuse to correct, be revoked by the Government legal departments reported to the Government, and inform the development of organs;

    (B) upon review of normative documents of ultra vires and contravenes the provisions of law and WTO rules, or is not appropriate, or of violation of legal procedures, the upper-level or the level of Government watchdog ordered the development of administrative law enforcement organs to correct who refuses to correct, the upper-level or the level of Government to lift the administrative law enforcement and supervision Department and inform the enacting body.

    Article 34th administrative law enforcement and supervision departments in the process of implementing administrative law enforcement supervision, found that administrative law enforcement has any of the following circumstances shall be ordered to correct; fails to change, revoke or alter administrative enforcement action or confirmation should be made illegal administrative enforcement actions, as well as ordered to renew a specific decision of the administrative law enforcement:

    (A) main facts are not clear and the evidence is insufficient;

    (B) the applicable laws, regulations or rules error;

    (C) the violation of legal procedures;

    (D) overstepping or abuse;

    (E) administrative enforcement action clearly improper;

    (Vi) other circumstances as stipulated by laws, rules and regulations.

    35th administrative law enforcement and supervision departments in the process of implementing administrative law enforcement supervision, found that administrative law-enforcement departments have any of the following circumstances shall be ordered to correct; fails to change, give notice of criticism, and recommended that the appointment and removal, cadre management of supervisory organs in accordance with the permissions, principals and persons directly responsible administrative sanctions:

    (A) not complying with the provisions of administrative law enforcement reporting system;

    (B) the qualification approval notices not complying with the provisions of administrative law enforcement system;

    (C) the arrangement didn't qualify for administrative law enforcement personnel engaged in law enforcement activities;

    (D) does not provide for regulations normative documents for the record review system;

    (V) do not perform any administrative decisions, orders and decisions of administrative reconsideration;

    (F) the authorities deployed check refused to organize the implementation of administrative enforcement;

    (VII) does not provide for the establishment and implementation of file comments on the system of administrative enforcement;

    (H) filing major decision of administrative penalty not according to stipulations;

    (I) is not required to report statistics and analysis on administrative law enforcement report, or of making false statements on or concealing relevant statistics;

    (10) without authorization, power of relatively concentrated administrative punishment or alter the power of relatively concentrated administrative punishment scope;

    (11) not complying with the provisions of administrative penalty discretion guidance standards and related systems;

    (12) refuse to report complaints or to report complaints of ineffective;

    (13) do not perform coordination of administrative dispute of views and award decisions;

    (14) not complying with the provisions of the penalty payment of separation, the two lines of income and expenditure of the budget management system;

    (15) the indicators of administrative penalty;

    (16) the establishment of responsibility system of administrative law enforcement and organizational evaluation, accountability for administrative law enforcement liability;

    (17) hampers the work of administrative law enforcement supervision, examination and investigation;

    (18) refused to implement decisions of the administrative law enforcement supervision;

    (19) other circumstances as stipulated by laws, rules and regulations.

    36th administrative law enforcement supervision Department found that administrative law enforcement personnel shall have one of the following acts, you can withhold, collect their administrative documents, and recommended that the Department give criticism and education, post training, away from law enforcement jobs; should be given administrative sanctions in accordance with law, recommends that the appointment and removal, cadre management permissions to administrative sanctions for the monitoring authorities; suspected of constituting a crime, transferred to judicial organs for criminal liability:

    (A) use invalid or private printing, forged or altered certificate of administrative law enforcement;

    (B) was not issued by the provincial financial Department issued special instruments;

    (C) illegal fees or withhold, sitting, privately dividing confiscated property;

    (D) unauthorized use of confiscated goods or due to poor management of confiscated goods damaged or lost;
(E) fails to perform the statutory duties or beyond, abuse of powers;

    (F) the law for selfish ends, such as bribery, or by any other means to infringe on the legitimate rights and interests of citizens, legal persons and other organizations;

    (VII) the informant, and retaliating against the complainant;

    (VIII) other circumstances as stipulated by laws, rules and regulations. Administrative law enforcement supervision Department shall withhold documents within 3rd day of notification to the administration of administrative law enforcement law enforcement units and administrative enforcement certificate issuing authority.

    Administrative law enforcement supervision departments may collect or ask the collection of administrative law enforcement documents to issue administrative law enforcement certificates. Suspended the Executive term of the certificates shall not exceed 6 months. Administrative law enforcement personnel were temporarily suspended during administrative law enforcement documents shall not engage in law enforcement activities.

    Administrative law enforcement seized documents shall be transferred from the administrative law enforcement jobs.

    37th appointment and removal, monitoring and auditing, the financial sector received the supervision departments of the Executive the fault responsibility investigation and cases of recommendations, should initiate an investigation and dealt with according to law and CC the processing results of administrative law enforcement and supervision Department.

    Article 38th of administrative law enforcement supervisory staff to any of the following circumstances, appointment and dismissal by the organ, the supervisory organ shall be given administrative sanctions; suspected of constituting a crime, transferred to judicial organs for criminal liability:

    (A) administrative law enforcement supervision does not perform its duties;

    (B) use of administrative law enforcement surveillance powers for personal gain;

    (C) other acts of misfeasance, malfeasance.

    The fifth chapter by-laws 39th article of the regulations come into force on February 22, 2010. Liaoning province, Liaoning Provincial Government March 1, 1992, issued by the administrative law enforcement supervision regulations (Provincial Government to 17th) and March 17, 1995, issued by the General Office of the provincial Government of Liaoning of the supplementary provisions on administrative law enforcement supervision in Liaoning province (Liao Government ban FA [1995]15) repealed simultaneously.