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Hunan Province To Regulate Administrative Discretion Approach

Original Language Title: 湖南省规范行政裁量权办法

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Regulatory approach in Southern Province

(Adopted by the 40th ordinary meeting of the Government of the Southern Province on 27 October 2009, No. 244 of the Order of the People's Government of the Southern Province of Lake Lakes on 12 November 2009)

Chapter I General

Article 1, in order to guarantee the rational administration of the executive branch and to protect the legitimate rights and interests of citizens, legal persons or other organizations, establishes this approach in line with the relevant laws, regulations and regulations.

Article 2

The exercise of administrative discretion is provided by law, legislation and regulations.

Article 3 governs the exercise of administrative discretion and should be guided by the principles of equity, justice and openness.

Article IV adopts a variety of ways to control source, establish rules, improve procedures, develop benchmarks and issue cases, and implements integrated control over the exercise of administrative discretion.

Article 5

The rule of law sector of the people at the district level is specifically responsible for the organization, guidance, coordination and supervision of normative administrative discretion in the current administration. The executive supervision of the executive discretion is exercised by all levels of inspection bodies in accordance with the law.

The work sector, which belongs to the people's government at the district level, should strengthen guidance on the normative work of the lower-level people's government. The executive organs of vertical management should be strengthened with the leadership of the executive branch in regulating administrative discretion.

Chapter II General provisions

Article 6 introduces a system of control of the executive discretion source.

In addition to the provisions of the law, the executive branch shall, within the statutory competence, draft local legislation, regulations and normative documents shall not include the following matters in the administration:

(i) Citizens, legal persons or other organizations can be resolved autonomously;

(ii) Market competition mechanisms can be regulated;

(iii) Industry organizations or intermediaries can be resolved through self-regulation.

Article 7. The executive body shall, within the statutory competence, draft local legislation, establish government regulations and normative documents and shall strictly control and rationalize administrative measures such as administrative approval, administrative recognition, administrative sanctions, administrative inspections, administrative expenses, administrative expenses, administrative expenses, administrative expenses, administrative expenses, etc.; clean-up by the administrative organs, in accordance with the legislative authority and procedures, or in a timely manner.

Article 8

Article 9 imposes a system of administrative discretion in the exercise of the rules.

The executive branch shall exercise administrative discretion in compliance with the following general rules:

(i) In conformity with the legal purposes;

(ii) Equal treatment of citizens, legal persons or other organizations and non-discrimination;

(iii) Consider relevant factual and legal considerations and exclude interference with non-relevant factors;

(iv) Measures taken and the means necessary to achieve administrative purposes in a variety of ways and means, and options should be made to minimize harm to the rights and interests of the parties, which may not be balanced with the legal interests protected;

(v) The decision to deal with the same administrative matters should be the same as previous decisions under the law, in addition to the legal basis and objective changes.

Article 10, in addition to compliance with general rules, the executive branch shall exercise administrative discretion, in accordance with the special rules governing administrative approval, administrative recognition, administrative sanctions, administrative inspections, administrative expenses, administrative payments, administrative payments, administrative awards and administrative incentives provided under this scheme.

Article 11 introduces a system of administrative discretion control.

The exercise of administrative discretion by the executive branch should be carried out by the procedures established in the relevant laws, regulations, regulations and administrative procedures in the southern province of the Lake.

The executive body should establish a robust internal working process and the executive conduct should be clearly defined by the different internal bodies responsible for cases (received), investigations, review, decisions, etc.). Significant administrative actions should be taken by the heads of this body to discuss decisions collectively.

Article 12 introduces a benchmarking system for administrative discretion.

The Government of the people at the district level should organize the executive body with administrative discretion within the current administrative system, to rationalize the content of the legal, regulatory, regulatory and normative documents that can quantify and fine the administrative discretion and to develop benchmarks for administrative discretion.

The executive branch should develop a baseline for administrative discretion, taking into account the same parameters of administrative discretion established by the superior administration.

The development of administrative discretion benchmarks applies to normative documentation management provisions.

Article 13 establishes a baseline for administrative discretion that should be determined on a case-by-case basis, with the discretion not generally less than three.

Article 14.

More than the people at the district level should choose the typical case in which the executive organs in the present administration exercise their administrative discretion to be made public in society and guide the executive branch to exercise administrative discretion.

The same administrative matters should be dealt with by the executive branch, in addition to legal and objective changes, taking into account the typical cases issued by the Government of the people at this level.

More than 15 people at the district level should organize at least once a typical case each year. A typical case should comply with the public information provisions.

More than the people's work sector at the district level should send cases to the current people's Government as required.

Article 16, which relates directly to the daily lives of the people and the production of administrative acts, is generally carried out by the executive organs of the city, the district.

The laws, regulations and regulations provide for administrative acts carried out by the superior administration, which may be entrusted by the executive branch.

Chapter III Administrative approval

Article 17 Governments of more people at the district level should actively advance the reform of the administrative approval system, strictly implement the decisions of the Department of State and the provincial people's Government to remove and adapt the administrative approval project and manage the administrative approval project.

The executive branch shall not continue or apply the administrative approval projects that have been cancelled.

More than 18 per cent of the population at the district level should actively develop administrative approval mechanisms, through the establishment of sound government centres, the development of e-government services, for example, the harmonization, joint processing and centralization of administrative approval.

Article 19

Article 20 Governments of more people at the district level should organize their respective work sectors, compress the administrative approval period provided for in the laws, regulations and regulations and enhance the efficiency of administrative approval.

Article 21, Laws, regulations and regulations expressly stipulate the conditions for administrative approval, shall not increase administrative approval by the executive branch; administrative approval shall be established in accordance with the principle of the public.

Article 22 provides for administrative approval by the executive branch and shall not require the applicant to receive brokering services free of law, regulations, regulations and regulations; legal, regulatory and regulatory provisions requiring brokering services; and administrative authorities shall not designate brokering services.

Chapter IV Administrative recognition

Article 23 of this approach refers to specific administrative acts determined and endorsed by the executive organs in accordance with the law on the legal status, legal relations, legal facts. Includes:

(i) The right to ownership and use of natural resources, the right to housing and the right to patent, the right to trade;

(ii) Evidence of matters such as education, degree, resident status and origin of goods;

(iii) Registration of family, marriage and other matters;

(iv) Determination of matters such as accident responsibility, work injury;

(v) Certification of matters such as product quality;

(vi) Other administrative confirmations provided for in laws, regulations and regulations.

Article 24 Implementation of administrative recognition by executive organs should be guided by the principles of law, objectivity and impartiality.

The executive branch shall not apply administrative recognition of violations, false legal status, legal relations and legal facts.

Article 25. The executive body shall implement administrative confirmation that the applicant's application material should be reviewed.

The applicant's submissions are fully and in accordance with the statutory form, and the executive organs should make written administrative confirmation decisions in a timely manner. In accordance with statutory conditions and procedures, verification of the substance of the application is required by the executive branch, which should assign more than two staff to verify.

In reviewing the application for administrative recognition, the executive body found that administrative confirmations were directly related to the important interests of others and should be informed of the owner. The applicant, the stakeholder have the right to make a presentation and the defence. The executive body should hear the views of the applicant and the stakeholder.

Article 27 stipulates that the applicant must be personally at the disposal of the executive body to verify the applicant's identity strictly. The applicant has not been personally present and no administrative confirmation has been confirmed.

Chapter V Administrative penalties

Article 28 imposes administrative penalties on the basis of facts and is comparable to the facts, nature, circumstances and the level of social harm. The parties have legal circumstances of lightness, mitigation or non-administrative sanctions, which should be reduced or not punished.

Article 29 imposes administrative penalties that should be consistent with the combination of penalties and education, and educate citizens, legal persons or other organizations on the self-respect. Slight offences and their timely transformation, do not result in the consequences of harm and do not require administrative sanctions.

Article 33 shall take administrative guidance on the publication of information, reminders, recommendations, guidance, etc. to prevent possible violations by citizens, legal persons or other organizations.

The imposition of unjustifiable practices by executive organs, such as inducement, fraud, coercion, violence, renders citizens, legal persons or other organizations in conflict with and impose administrative sanctions on them.

Article 31 stipulates that the administrative organs shall take prompt measures to remedy the offence and shall not precede the offence and impose administrative penalties; and shall not remain in possession of the offence as a result of administrative sanctions.

Article 32 is the same offence by the parties, while in violation of different laws, regulations, regulations, regulations, regulations, administrative penalties imposed by an administrative body, and administrative penalties for the same type of administrative penalties shall not be consolidated.

Article 33 above of the population at the district level may, in accordance with the objective circumstances of the region's economic, social, cultural, etc., take a decision to control the maximum penalty. However, there are offences that endanger national security, public safety, physical health, life property security and environmental protection.

Chapter VI

Article 34 imposes administrative enforcement by the executive branch in accordance with the law and should select appropriate ways to maximize the protection of the rights of the parties.

The implementation of non-mandatory management measures can be carried out for administrative purposes and the executive branch shall not apply administrative coercive measures.

The law of the parties is quite minor and there is no apparent social harm, with the smaller amount of the property involved, and the administrative authorities shall not impose administrative coercive measures on them.

Article 36 shall be kept in good custody and shall not be used or destroyed. The administrative body should be liable under the law for the purpose of maintaining or using property damage.

The administrative organs should, after carrying out the administrative coercive measures that are sealed, seized and frozen, determine the facts in a timely manner and take decisions within the statutory period.

Article 37 Administrative enforcement by law shall be carried out in advance by the executive branch and shall not be enforced in full compliance with administrative decisions within the specified period.

Article 33 Eighteen administrative decisions of the executive branch to impose a payment obligation under the law, the parties have been overdue, the executive branch has increased the amount of the penalty under the law or the amount of the receipt of the lagium, and shall not exceed the amount owed by the parties.

Article 39 implements administrative enforcement, and the executive branch may, without prejudice to the public interest and the interests of others, enter into compliance with the law.

Chapter VII Administrative inspection

Article 40 shall strictly control and regulate general administrative inspections of citizens, legal persons or other organizations.

The executive body should strengthen administrative inspections on important and special matters, such as national security, public safety, hygiene, life property security, environmental protection.

Article 40 imposes a general administrative examination by the executive branch and should reasonably determine the scope of inspections and the cycle of inspections, with fair and impartial choice of the subject.

Article 42

Article 43 conducts a general examination of the same unit carried out by a number of government departments, with joint inspections conducted by the relevant departments of the people at the district level or led by a government working sector.

General administrative inspections of the same unit in different levels of government work should be carried out either by the level of government work or by the organization of the top-level government work sector.

The general administrative inspections are carried out by various institutions within the Government's work sector and by subordinate agencies, which should be carried out under the leadership of the organization in this sector.

Article 44, executive law enforcement officials carry out administrative inspections of units, should present the relevant instruments of the chapter of the Gatesinding Authority; no units may refuse inspection.

Article 42 provides for regular inspections by the executive branch of administrative licences and other documents under the law, which is not specified by law, regulations, regulations and regulations for the duration of the regular test and shall not exceed five years.

Article 46 provides for regular testing of essential equipment, facilities and facilities that are directly related to public safety, physical health, life and property security, in accordance with the provisions of the law, administrative regulations.

The duration of the regular test is not clearly specified by law, administrative regulations, and the relevant administrative bodies should determine the duration of the regular test in accordance with the objective attributes and security requirements of equipment, facilities and be made public.

Chapter VIII

Article 47 imposes taxes by tax authorities in accordance with the provisions of the law, administrative regulations and shall not be charged in violation of the provisions of the law, administrative regulations, suspension, expropriation, lack of recruitment, prior collection, suspension or assessment of taxes.

Article 48 imposes a decision by the tax authorities to extend the tax, tax reductions, tax exemptions must be in accordance with the statutory conditions and scope and in compliance with the statutory authority and procedures.

Article 49 should gradually reduce administrative expenses. The unjustifiable and unreasonable charges project should be cancelled and duplicated projects should be cancelled or consolidated.

Unless authorized by law, an administrative fee-charging project cannot be established.

Article 50 adds new administrative fees and raises standards for administrative expenses, which should be subject to the competence and procedures set forth in the relevant laws, regulations, regulations and rules, and the holding of hearings.

Article 50 states that administrative services within the scope of responsibility shall not be transferred to other units and individuals for service charges in the name of paid services.

Trade associations, intermediary organizations carry out service charges through the functions of the government office or the branch.

Chapter IX

Article 52, which refers to administrative payments, refers to administrative acts of the executive branch that provide material assistance and services to citizens, including relief, poverty reduction, preferential treatment, pensions, etc.

Article 53 imposes administrative payments by executive organs and should be guided by the principles of equity, justice, openness, timeliness and adaptation to the level of economic and social development.

Article 54 provides administrative payments to the executive branch and shall be made publicly applicable to the society.

Article 55 sets the target of administrative payments by the executive branch and should organize an investigation into the situation of the intended recipients, which can be heard, including through a democratic review and, where necessary, hold hearings.

The executive body should make the determination of the executive to the target within a certain scope.

The executive organs decide not to pay administratively, the views of the parties should be fully heard and justified.

Article 56 responds to emergencies and other emergencies, administrative authorities may take a simple process to make administrative payments decisions in a timely manner.

Article 57 should conduct regular assessments of the implementation of administrative payments. It was assessed that administrative payments were unreasonable and should be adjusted in a timely manner.

Chapter X Administrative incentives

Article 58 provides administrative incentives for citizens, legal persons or other organizations by executive organs, in accordance with the relevant provisions of the law, regulations and the State Department, the Government of the Provincial People.

Article 59 should guarantee citizens, legal persons or other organizations equal access to administrative incentives and rights under the same conditions.

The executive organs should follow the principle of rewarding and contributing adaptation.

Article 60 should be made public by the executive branch of the basis, conditions, scope and criteria for administrative incentives.

The conditions, scope and criteria for administrative incentives are not clear in laws, regulations, regulations and regulations, and the executive organs should be clear and made public.

The executive branch should establish an evaluation committee. The majority of the members of the Evaluation Committee should be composed of experts in the implementation of professional and technical administrative incentives.

Article 62 states that the executive organs shall, where appropriate, disclose the list and monuments of the intended recipients, listen to the views and publish the results of the award to society. However, public incentives may involve State secrets, commercial secrets, personal privacy and the adverse effects on the parties.

Article 63 imposes administrative incentives on the executive branch and shall not be charged or charged against the author.

Chapter XI Oversight

Article 63/4 The Government of the people at the district level should strengthen the level of supervision of the work sector and the lower-level people's Government in the exercise of administrative discretion.

The Government's work sector should strengthen the level of oversight of the executive discretion of the lower-level people's Government.

Article 65, civil, legal or other organizations, considers that the executive branch exercises administrative discretion in violation of the authority of the executive branch, may lodge complaints, reports to the supervisory organs, the rule of law and the superior administrative organs, which require investigation and treatment.

Complaints and complaints received by the administrative organs reporting should be investigated and, in accordance with their mandate, taken within 60 days and communicated to the complainant, the reporting person.

Article 46 of the Administration found that the administration of administrative discretion was in violation of the law and should be rectified in a timely manner.

In the case of an act of administrative discretion in violation of the authority of the executive branch of the people at the district level, the rule of law should be sent to the relevant executive organs to order the cessation of implementation and to recommend their own corrective action and that the relevant administrative bodies should address the results letter within 30 days to the inspection body, the Government's rule of law.

Article 67 of the Administration does not address the administrative discretion of the violation by the supervisory authority, in accordance with the relevant laws, regulations and administrative procedures of the Southern Province of Lake, respectively, by making orders to be performed, cancelled, ordered or corrected, confirming the treatment of the violation.

(b) Removal of decisions by the Government of the people at this level or by the superior executive body.

Article 68 exercises administrative discretion in violation of the law, with one of the following cases, which shall be withdrawn:

(i) Serious violations of the general rules and special rules governing the exercise of administrative discretion;

(ii) Violations of statutory procedures, with the exception to be added;

(iii) There is no justification for applying the administrative discretion benchmark;

(iv) There is no justification for reference to the typical cases issued by the current people's Government.

Article 69 imposes administrative discretion in violation of the authority of the executive branch, with one of the following cases, and administrative treatment and disposal of the administrative organs and their staff in accordance with the relevant laws, regulations, regulations and administrative procedures of the Southern Province of Lake:

(i) The administrative discretion was cancelled;

(ii) No benchmark for administrative discretion;

(iii) Not to issue typical cases;

(iv) Other grave breaches of this approach.

Article 76 Civil, legal or other organizations consider that administrative organs are in breach of their legitimate rights and may apply for administrative review or administrative proceedings in accordance with the law.

Chapter XII

Article 76 governs the exercise of administrative discretion by organizations authorized by the law, the organization authorized by the statute and the organization entrusted under the law, and applies the provisions of this approach to the administration.

Article 72