Lanzhou Municipal Administrative Enforcement Evaluation Approach

Original Language Title: 兰州市行政执法评议考核办法

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(June 20, 2008 11th meeting consideration of the people's Government of Lanzhou city on July 3, 2008, of Lanzhou municipal people's Government [2008]2 release come into force on September 1, 2008) Chapter I General provisions article for evaluation by executive action, specification and supervision of administrative enforcement, protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the State Department of the implementation outline for the holistic promotion of administration by law, combined with the city's actual, these measures are formulated.
    Second administrative enforcement evaluation mentioned in these measures refers to administrative enforcement evaluation body for administrative law enforcement organs and their administrative law enforcement personnel to implement the enforcement powers and statutory obligations under inspection, evaluation and incentive activities.
    This article, administrative law-enforcement departments and authorized by laws and regulations have the function of enforcing organization, entrusted by the administrative law-enforcement departments of law enforcement organizations (hereinafter "the administrative law-enforcement departments") evaluation work undertaken by executive action, these measures shall apply.
    Fourth administrative enforcement evaluation by adhere to the principles of openness, fairness and justice, adhere to quantitative and qualitative evaluation criteria.
    Chapter II evaluation article fifth city, County (district) unified leadership, the people's Government is responsible for the administrative enforcement evaluation work to their administrative law enforcement departments and lower level people's Governments of administrative enforcement evaluation by oversight and guidance.
    Sixth city, County (district) people's Government legal system, supervision, personnel departments administrative enforcement evaluation the work of the Organization in the region.
    City, County (district) Legislative Affairs Agency in charge of administrative enforcement evaluation routine.
    Article seventh administrative law enforcement agencies responsible for the administration of law enforcement agencies, administrative law enforcement personnel appraisal work.
    Administrative rule by law enforcement agencies in a superior rule of law institutions under the guidance of organization-specific implementation of administrative enforcement evaluation work in this sector.
    Article eighth administrative law enforcement departments of administrative law enforcement organs when conducting appraisal, should fully heed the views of higher administrative law-enforcement departments, legal institutions on the subject and level of inspection, supervision and guidance.
    Nineth of municipal and County (district) legal institutions developed under the basic standard of administrative enforcement evaluation shall be submitted to the record-level administration leadership; administrative law-enforcement departments of administrative enforcement evaluation by professional standards shall be submitted to the Government at the same level legal filings.
    Chapter III appraisal standards and article tenth administrative enforcement evaluation criteria is the basic standard and professional standards: (a) basic standards includes laws governing acts of executive authorities together, rules and regulations as well as superiors, made by the people's Governments at the corresponding level in accordance with the relevant provisions, combined with the specific situation of administrative law enforcement, including administrative reconsideration and administrative litigation review maintenance rate determined on the specific administrative act.
    (B) professional standards based primarily on departmental organization and participation in the implementation of laws, regulations and rules as well as higher administrative organs in accordance with the relevant provisions, combined with the administrative law enforcement work and responsibilities of specific situations and characteristics.
    11th main content of administrative enforcement evaluation refers to the administrative law-enforcement departments and the Chief law enforcement officer in the exercise of administrative law enforcement power and meet statutory obligations, including administrative law enforcement, administrative, administrative law enforcement procedure, administrative law enforcement files quality, administrative reconsideration and administrative litigation results.
    12th article administrative law enforcement subject content including: (a) law established administrative law enforcement subject, meet legal provides, made Gansu province administrative law enforcement subject qualification card; (ii) administrative law enforcement personnel participate in expertise learning and legal institutions organization of legal knowledge training, assessment qualified, by review made administrative law enforcement card; (three) administrative law enforcement supervision personnel participate in expertise learning and legal institutions organization of legal knowledge training, assessment qualified, by review made administrative law enforcement supervision card.
    13th article administrative law enforcement content including: (a) administrative law enforcement behavior meet law enforcement permission; (ii) administrative law enforcement according to applies right; (three) facts finds accurate, evidence full, evidence, and material of collection and used legal, and specification; (four) free CD volume right using appropriate; (five) change administrative law enforcement decided, meet legal provides and statutory program; (six) active perform statutory duties, full, and effective implementation related legal, and regulations and regulations. 14th article administrative law enforcement program content including: (a) implementation filed, and accepted about provides; (ii) show administrative law enforcement documents, showed that administrative law enforcement identity; (three) told party by has of statutory right; (four) told party administrative law enforcement organ, and administrative law enforcement personnel should perform of duties; (five) law held hearing; (six) Law perform avoided obligations; (seven) law to party served administrative law enforcement instruments, told application administrative reconsideration, and administrative litigation of way and method; (eight) comply with other statutory
    Procedural requirements.
    15th files administrative law enforcement quality includes: (a) the instruments used are complete, fill specification, (ii) reflect the basic requirements of administrative law enforcement activities, (c) the annual filing, archiving, managed access, (iv) electronic, audio and video material, shall be filed.
    16th administrative reconsideration and administrative litigation results include: (a) the specific administrative act of administrative reconsideration and administrative litigation review maintenance rate, (ii) implementation of the decisions of administrative reconsideration and administrative litigation decisions.
    Fourth chapter 17th evaluation method of administrative enforcement evaluation should be based on practical work, organizational evaluation, self evaluation, cross peer review and other methods, focusing on external evaluation and internal evaluation by organic synthesis.
    18th article internal comments assessment is refers to comments assessment subject on comments assessment object administrative law enforcement behavior of comments assessment activities, main take following way: (a) heard administrative law enforcement work reported; (ii) for administrative law enforcement files assessment check; (three) Ming check unannounced visits to administrative law enforcement situation; (four) check out about file information; (five) on administrative law enforcement personnel survey understand; (six) comments assessment subject determine of other way.
    19th article external comments assessment is refers to comments assessment subject organization administration relative people, and social from all walks of life representative, on comments assessment object administrative law enforcement behavior of comments assessment activities, main take following way: (a) held Symposium; (ii) issued administrative law enforcement survey questionnaire; (three) established comments assessment dedicated phone, and public suggestion box, and email; (four) established comments assessment page; (five) hired administrative law enforcement supervisor; (six) comments assessment subject determine of other way.
    Article 20th administrative enforcement evaluation by mark, in which basic standards evaluation, professional standards 30%, external evaluation by 40%. Article 21st according to evaluation by the final score, excellent, competent, qualified and unqualified grades assessed.
    90 points or more for good, 70-90 passing, 60-70 is qualified, 60 minutes to be ineligible.
    Fifth 22nd chapter evaluation results and its application of administrative enforcement evaluation and daily summary, annual summary and specific tasks to complete work in combination, and administering assessment, goal management, job responsibility, civil and other organically, avoid repeated evaluation of administrative law enforcement.
    Assessment of administrative enforcement, shall use administrative enforcement evaluation results.
    23rd special administrative enforcement evaluation by organizations once every two years.
    Article 24th of administrative enforcement evaluation results should be reported to people's Governments at the Legislative Affairs Agency and superior, and inform the law enforcement authorities and law enforcement officials.
    25th highlight the performance of administrative law enforcement, was identified in the evaluation by outstanding administrative law enforcement departments and administrative law enforcement personnel from city, County (district) people's Government in accordance with the People's Republic of China civil law and other laws and regulations giving recognition award.
    Article 26th in administrative enforcement evaluation by basic qualified and unqualified administrative law-enforcement departments and the administrative law enforcement personnel shall make the action, reaching the time limit.
    Illegal or improper acts or fails to perform the statutory duties of administrative law enforcement, by the legal system, supervision, personnel departments in accordance with the People's Republic of China Law on civil service, administrative law enforcement accountability measures in Lanzhou and other relevant laws, regulations, and administrative law enforcement responsibilities of those regulations.
    Sixth chapter supplementary articles article 27th city, County (district) Government rule of law institutions and administrative law-enforcement departments in accordance with this approach, development of local areas, administrative enforcement evaluation by implementing programmes in this sector.
  28th article of the rules take effect on September 1, 2008.

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