Lanzhou Municipal Administrative Law Enforcement Accountability Approach

Original Language Title: 兰州市行政执法责任追究办法

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(On June 20, 2008 Lanzhou City Government 11th times Executive Conference considered through on July 3, 2008 Lanzhou City Government makes [2008] 3rd, announced since on September 1, 2008 up purposes) first chapter General first article for effective implementation administrative law enforcement accountability, protection citizens, and corporate and other organization of lawful rights and interests of, specification administrative law enforcement sector and administrative law enforcement personnel behavior, according to State full advance law administrative implementation platform for, combined this city actual, developed this approach.
    Article II Executive law enforcement responsibilities in these measures refers to administrative law enforcement, authorized by laws and regulations with the function of administrative law enforcement organization, entrusted by the administrative law-enforcement departments of law enforcement organizations (hereinafter "the administrative law-enforcement departments") and the administrative enforcement of the law enforcement personnel of the illegal or improper acts or fails to perform the statutory duties shall bear the responsibility.
    Article III administrative law enforcement departments at all levels in the city and its administrative enforcement of administrative law enforcement responsibility, these measures shall apply.
    Fourth administrative law enforcement accountability must be practical and realistic and lawbreakers must be dealt with, the wrong responsibility, the principle of combining punishment with education.
    Chapter two accountability bodies fifth of municipal and County (district) people's Government legal system, monitoring, personnel departments administrative law enforcement accountability mechanisms should be established, political rot rule of law institutions in charge of administrative law enforcement responsibility for daily work. Legal body that the legality of the administrative law enforcement by the Government, appropriate and statutory duties as well as administrative law enforcement personnel qualifications. Monitored by the administrative authority (Agency) is responsible for identifying and holding administrative responsibilities of law enforcement executives.
    Determined by the personnel departments administrative law enforcement responsibility, given administrative sanction of law enforcement personnel.
    The sixth city, County (district) administrative law enforcement agency of the Government is responsible for the Department's administrative law-enforcement agencies and law enforcement personnel of administrative law enforcement responsibility.
    Rule of law institutions specifically responsible for the administrative law enforcement departments of administrative law enforcement responsibility.
    Article seventh city, County (district) people's Government administrative accountability for law enforcement organs should establish working contacts with the judiciary system, regularly exchanges, on law enforcement, accountability and to transfer the case.
    Article eighth administrative obligation-imposed authorities are under an obligation to citizens, legal persons or other organizations to provide relevant information and respond to case investigation process. Third chapter responsibility held program Nineth article administrative law enforcement behavior has following case one of of, by administrative law enforcement responsibility held organ filed survey: (a) was court judgment (has entered into force) revoked, and change, and ordered again made specific administrative behavior, and ordered deadline perform or confirmed illegal of; (ii) was administrative reconsideration organ reconsideration decided (has entered into force) revoked, and change, and ordered again made specific administrative behavior, and ordered deadline perform or confirmed illegal of; (three) superior or sibling NPC organ, and Superior administrative law enforcement organ requirements on administrative law enforcement behavior for survey processing of; (four) superior or sibling NPC representative, and CPPCC members to recommends, and proposal form requirements on administrative law enforcement behavior for survey processing of; (five) superior or sibling government administrative law enforcement supervision institutions, and administrative monitored organ requirements on administrative law enforcement behavior for survey processing of; (six) accepted masses reported, and complaints or letter visiting,, meet about provides has necessary on administrative law enforcement behavior for survey processing of; (seven) legal, and
    Regulations shall be investigated for other cases of administrative law enforcement responsibility.
    Article tenth of citizens, legal persons or other organizations against acts of administrative enforcement complaints and accusations, complaints, administrative law enforcement accountability authority shall make a decision on whether to file in a timely manner; not filed, it shall inform and explain the reasons.
    The 11th case has been filed under article, administrative law enforcement accountability authority shall, from the date of filing in the 30th, in accordance with the relevant provisions of the State and shall make responsibility a decision as provided herein.
    12th administrative law enforcement accountability accountability for decisions, should fully hear the accountability of administrative law-enforcement organs or statement of administrative law enforcement personnel and to defend themselves.
    Persons responsible for the investigation and handling of cases of administrative law enforcement responsibility should be made up of two or more persons, and related administrative law enforcement or administrative law enforcement has an interest, may affect the impartial handling should be made to avoid.
    13th administrative organization for law enforcement or administrative law enforcement personnel on administrative law enforcement accountability authorities is dissatisfied with a decision made by May 15th, the date of receipt of the written decision, apply in writing to the responsibility to review or appeal in accordance with related laws and regulations.
    14th was held responsible for administrative law enforcement departments should implement the administrative law enforcement accountability agencies serve accountability decisions.
    Fourth chapter should be held 15th administrative law-enforcement departments of administrative law enforcement responsibility and the administrative law enforcement personnel shall perform its failure to perform legal duties, abuse of legal authority or not in accordance with the statutory procedure to perform the statutory duties of, should be held accountable for administrative law enforcement responsibility.
    16th article in implementation administrative license in the, has following behavior one of of, should held corresponding of administrative law enforcement responsibility: (a) on meet statutory conditions of administrative license application not accepted of, not law description not accepted administrative license application or not administrative license reason of; (ii) in accepted, and review, and decided process in the, not perform statutory told obligations of; (three) law should organization hearing and not held of; (four) violation provides program implementation administrative license of;
    (E) cannot be based on charges or not in accordance with the statutory standards projects and fees; (f) to delegate the administrative license law to citizens, legal persons or other organizations, and (VII) other acts that violate the provisions of administrative permission.
    17th article in implementation administrative punishment in the, has following behavior one of of, should held corresponding of administrative law enforcement responsibility: (a) cannot set punishment according to and facts according to implementation administrative punishment of; (ii) delegate, and assigned not has statutory qualification of organization, and personnel implementation administrative punishment of; (three) unauthorized set administrative punishment or change administrative punishment type, and range of; (four) on party same violations give two times above fine of; (five) violation "penalty paid separation" provides, unauthorized charged fine of;
    (Six) on party implementation fine, and confiscated property and not issued legal documents of; (seven) corresponds to to stop and punishment of violations not stop, and punishment of; (eight) not perform statutory told obligations of; (nine) law should organization hearing and not held of; (ten) should transfer judicial organ held criminal and no transfer of; (11) administrative punishment explicit lost just of; (12) other violation administrative punishment provides of behavior.
    18th article in implementation administrative forced in the, has following behavior one of of, should held corresponding of administrative law enforcement responsibility: (a) no statutory terms or beyond statutory permission implementation administrative forced of; (ii) cannot set facts according to implementation administrative forced of; (three) violation statutory program implementation administrative forced of; (four) unauthorized using or lost, and damaged was seized, and seized, and freeze property of; (five) other violation administrative forced provides of behavior.
    In 19th in the implementation of administrative expropriation, any of the following acts shall be investigated corresponding administrative law enforcement responsibility: (a) without statutory basis or beyond the statutory functions and the implementation of administrative collection; (b) altering the scope and standards, and (c) is not levied in accordance with legal procedures, and (iv) other acts that violate the provisions of administrative collection.
    20th in the implementation of administrative decisions, any one of the following acts shall be investigated corresponding administrative law enforcement responsibility: (a) no statutory powers or exceeded the statutory authority to implement administrative decisions, (ii) cannot commit to implementing administrative adjudication of facts and (c) administrative decision violates the legal proceedings, and (iv) other acts in violation of administrative decisions.
    21st in administrative confirmation of, any of the following acts shall be investigated corresponding administrative law enforcement responsibility: (a) the terms without legal authority or ultra vires administrative confirmation, (ii) cannot commit to implementing administrative confirmation of facts and (iii) implementing administrative confirmation of violation of legal procedures, (iv) other acts in violation of administrative provisions confirm.
    22nd article in the implementation of executive pay, any of the following acts shall be investigated corresponding administrative law enforcement responsibility: (a) the terms without legal authority or ultra vires administrative benefits, (ii) violation of legal procedures administrative payment and (iii) other acts that violate the provisions of executive pay. Fifth chapter subject 23rd executive law enforcement responsibilities in administrative law enforcement accountability by persons directly responsible and competent personnel directly.
    Concrete contractors to direct responsibility for matters of administrative law enforcement personnel, review and approval of the administrative law enforcement people direct supervisors.
    24th sponsor direct is illegal, improper or fails to perform the statutory duties of executive action, all administrative law enforcement responsibility borne by the contractor. 25th article should after audit, and approved of administrative law enforcement behavior, administrative law enforcement responsibility in accordance with following provides divided and bear: (a) hosted people without audit people audit, and approved people approved, directly made administrative law enforcement behavior of, by hosted people bear; (ii) is by audit people audit, and approved people approved, but hosted people not in accordance with audit, and approved of content and requirements implementation of, by hosted people bear; (three) hosted people fraud, and engages in, led audit people, and approved people cannot right perform audit, and approved duties of,
    By hosted people bear; (four) hosted people proposed of programme or views has errors, audit people, and approved people should found and no found, or found Hou not to corrected, by by works size respectively by hosted people, and audit people, and approved people bear; (five) audit people not adopted or change hosted people of right views, by approved people approved of, by by works size respectively by audit people, and approved people bear; (six) audit people not reported to the approved people approved and directly made decided of, by audit people bear;
    (Seven) audit people fraud, and engages in, directly led to approved people made errors decided of, by audit people bear; (eight) audit people made of errors instruction by approved people agreed of, by by works size respectively by audit people, and approved people bear; (nine) approved people not adopted or change hosted people, and audit people right views of, by approved people bear; (ten) without hosted people proposed, and audit people audit, approved people directly made decided of, by approved people bear.
    Article 26th illegal or improper administrative enforcement action or fails to perform the statutory duties of the Act, by a separate decision of the administrative law enforcement, by the administrative law-enforcement departments assume full responsibility jointly by two or more administrative law enforcement departments arising from decisions, by host departments bear primary responsibility, bear the responsibility of other departments.
    27th after leading collective decision-making procedures, the administrative law-enforcement departments to make decisions, resulting in illegal or improper acts or fails to perform the statutory duties of administrative enforcement, approval of the main leaders involved in the decision as a man, in charge of the leadership as a reviewer, as direct executive responsibility.
    28th superior administrative law enforcement departments changed, revoked the lower administrative law enforcement departments of administrative acts, resulting in illegal or improper acts of administrative enforcement, higher administrative law enforcement departments of the undertaker, Checker, approved by respectively the corresponding responsibilities.
    The sixth chapter of executive accountability to determine and deal with the 29th section of administrative law-enforcement departments of administrative law enforcement accountability approaches including: (a) order the written examination; (b) the rectification and (iii) informed criticism; (d) Cancel when appraising comprehensive advanced qualification (v) other responsibility stipulated by laws, rules and regulations.
    Dealt with by administrative law enforcement responsibility, either alone or jointly.
    30th article on administrative law enforcement personnel of administrative law enforcement responsibility held processing way including: (a) ordered made written check; (ii) deadline rectification; (three) informed criticism; (four) post training; (five) canceled when appraisals advanced of qualification; (six) canceled administrative law enforcement qualification; (seven) out law enforcement post; (eight) law recovery part or all administrative compensation costs; (nine) give administrative sanctions; (ten) legal, and regulations and regulations provides of other responsibility held way.
    Dealt with by the administrative law enforcement responsibility, either alone or jointly. 31st article according to administrative law enforcement personnel administrative law enforcement fault different case, according to following provides for administrative law enforcement responsibility held: (a) plot minor, and against consequences small, for criticism education or ordered wrote written check; (ii) plot minor, and social effect larger of, give informed criticism; (three) plot more heavy, against consequences larger of, give warning, and post training or temporarily buckle administrative law enforcement documents; (four) plot bad, and against consequences serious, or caused major social effect of,
    Out of the administrative law enforcement post or collection of administrative documents, and given an administrative sanction; (v) the violation of administrative discipline, the appointment and removal, monitoring organs shall deal with and (vi) constitute a crime, he transferred to judicial organs for handling. Seventh chapter administrative law enforcement responsibility of from, and reduce and aggravated processing 32nd article administrative law enforcement sector and administrative law enforcement personnel has following case one of of, not should held corresponding of administrative law enforcement responsibility: (a) for Administration relative people fraud, led administrative law enforcement sector and administrative law enforcement personnel cannot made right judge of; (ii) for force majeure factors and raised of improper administrative law enforcement behavior or cannot perform statutory duties of behavior; (three) legal, and
    Laws and regulations of other circumstances that do not assume administrative law enforcement responsibility.
    Article 33rd plots and dangers for law enforcement mistakes obviously minor, may not be prosecuted for administrative law enforcement responsibility.
    Article 34th light plots, small harmful consequences for law enforcement mistakes, administrative law-enforcement departments, administrative law-enforcement officials corrected initiative to eliminate the negative effects and make up for the loss of the parties and agreed by the parties, may be given a mitigated punishment. 35th article administrative law enforcement personnel has following case one of of, should aggravated processing: (a) fraud, hide major administrative law enforcement responsibility about situation not reported or not investigation of; (ii) on illegal, and improper of administrative law enforcement behavior or not perform statutory duties behavior refused to corrected of; (three) a years within appeared two times above should to held administrative law enforcement responsibility case of; (four) interference, and hamper, and hinder, and resist on its for administrative law enforcement responsibility held of; (five) on complaints people, and complaints people, and
    Informant or responsibility of staff retaliation; (vi) due to illegal or improper acts or fails to perform the statutory duties of administrative law enforcement, led group appealing to the masses, have serious negative social impact, or cause significant harm life and property of the State and people, (VII) laws, rules and regulations shall be given a heavier processing of other cases.
    Eighth chapter schedule 36th article administrative law enforcement responsibility held work using of instruments format by city government legal sector unified developed, should contains Ming following content: (a) administrative law enforcement responsibility case of source, and basic case; (ii) confirmed administrative law enforcement responsibility of reason, and formed reasons and the against consequences; (three) held about personnel responsibility of recommends; (four) corrected administrative law enforcement behavior and elimination against consequences of recommends; (five) survey personnel, and review personnel signed, reported this organ head approved signed.
    37th city, County (district) Government rule of law institutions and administrative law-enforcement departments in accordance with this approach, development of local areas, administrative law enforcement accountability for implementing programmes in this sector.
                                                                                                            38th article of the rules take effect on September 1, 2008.