Key Benefits:
(Adopted by the 35th Standing Committee of the People's Government of Chiang State on 14 January 2008, No. 8 of 22 March 2008 of the Order of the People's Government of the State, which was published as effective 1 June 2008) Chapter I General Article 1, in order to regulate the accountability of administrative law enforcement, promote the administration of justice and promote the establishment of this approach, in accordance with the relevant laws, regulations, such as the National People's Republic of China's Administrative Monitoring Act, the Civil Service Act of the People's Republic of China, the Civil Service Act of the Administrative Authority and the Civil Service Disposal Regulations. Article 2 of this approach refers to administrative law enforcement responsibilities, as defined by the executive body, the organization authorized by the law and the organization entrusted to perform administrative law enforcement functions (hereinafter referred to as the executive law enforcement body) and its staff, which should be subject to administrative responsibility in the course of administrative law enforcement or incorrect performance of their duties, such as laws, regulations, regulations and administrative normative documents. This approach does not carry out its duties, including in cases such as rejection, abandonment, infertility and non-fulfilment of their duties, and is alleged to be incorrectly performing their duties, including the absence of a legal basis and the non-compliance with the terms of reference, the procedure and the time frame specified. Article 3. Administrative law enforcement authorities in the city and their staff are held accountable for the application of this approach. Article IV. Administrative law enforcement responsibilities are held in compliance with the principles of merit, error, integration of education and punishment, and the punishment of the principle of proportionality. Article 5. The Government of the city is responsible for leading the administration of justice in the city as a whole, and for the administration of justice in the Territory, the commune, district and district governments are responsible. The municipal inspectorate is responsible for organizing this approach; the district, district-level municipal inspectorate is responsible for the implementation of this approach within the jurisdiction in accordance with the terms of personnel management. The accountability of the executive branch at all levels is administered in accordance with the statutory responsibilities and the provisions of this approach. The rule of law institutions at all levels cooperate with the organization of the same inspection body. Article 6. Regional, district-level municipal inspection bodies should report regularly to the municipal inspectorate on the implementation of administrative enforcement responsibilities in the Territory. Administrative law enforcement agencies should report regularly to the peer inspection bodies on the implementation of administrative law enforcement responsibilities in this unit. Chapter II Scope of accountability for administrative law enforcement Article 7. In violation of the prescribed procedures, the issuance of administrative normative documents by the competent organ shall be held accountable for administrative law enforcement. Article 8. (i) There is no statutory basis for administrative sanctions; (ii) To change the types of administrative penalties and the range of sanctions; (iii) Violations of statutory administrative penalties procedures; (iv) The commission of administrative sanctions in violation; (v) No uniformly issued punishment orders as prescribed by the penalties instrument and the financial sector; (vi) Failure to properly manage the obligation to use, destroy or lose the property seized; (vii) The holding of hearings by law without hearing; (viii) The transfer of cases of suspected crimes by law to the judiciary without the transfer; (ix) No suppression and punishment of offences to which they should be stopped and punished; (x) Other violations committed administrative penalties. Article 9. The following acts in the implementation of administrative licences and administrative approval shall be held accountable for administrative law enforcement: (i) Applications in compliance with the statutory conditions are inadmissible; (ii) The applicant's submission is incomplete and incompatible with the statutory form and does not always communicate to the applicant the full content that must be filled; (iii) To grant licences, approve or go beyond the statutory authority for applicants who do not meet the statutory conditions; (iv) No licence, approval or approval of the decision shall be granted to the applicant in accordance with the statutory conditions; (v) In the process of admissibility, review, decision-making, the applicant, the stakeholder has not complied with the statutory notification obligations or have not provided the grounds for the admissibility of the application or for the non-licensability, approval, in accordance with the law; (vi) The holding of hearings by law without hearing; (vii) An administrative licence, approval decision shall be granted under the law on the basis of tenders, auctions or examination performance preferences, without solicitation, auctions or examinations, or without granting administrative licences, approval of decisions based on tenders, auctions, examination performance preferences; (viii) Remuneration or non-approperation under statutory projects and standards; (ix) Illegal creation, increase, change, continuation, withdrawal or cessation of administrative licences, administrative approval; (x) Other violations of administrative licences and administrative approval. Article 10: The following acts in the implementation of administrative recognition shall be held accountable for administrative law enforcement: (i) It is not possible to determine its mandate or to go beyond the application of administrative recognition; (ii) Failure to determine the basis of the facts or to implement administrative recognition in violation of the statutory procedures; (iii) Individual privacy or commercial secret of the administration known to others in the course of administrative recognition; (iv) Other violations of the provisions of administrative recognition. Article 11. The following acts in the course of implementing administrative coercive measures should be held accountable for administrative law enforcement: (i) Failure to adopt administrative coercive measures on the basis of the legislative authority; (ii) Adoption of administrative coercive measures in violation of statutory procedures; (iii) Contrary to personal liberty; (iv) Execution, seizure and freezing of property relative to the administration; (v) Other violations of the provision of administrative coercive measures. Article 12. The following acts in the course of the administrative payments process shall be held accountable for administrative law enforcement: (i) It is not possible to determine the basis for or to impose administrative payments; (ii) No administrative payments made under the authority and procedures; (iii) The application for the payment of a conditional administration shall be admissible; (iv) No administrative payment for eligible applicants or the granting of a decision for payment within the statutory period; (v) Other violations of the provision of administrative payments. The following acts in the course of implementing administrative decisions should be prosecuted: (i) It is not possible to determine the basis for, or to the extent of, administrative decisions; (ii) Execution of administrative decisions in accordance with legislative authority and procedures; (iii) Applications for eligible administrative decisions shall be admissible and not admissible; (iv) No administrative decision has been taken within the statutory period; (v) Other violations of the provisions of administrative decisions. Article 14. (i) It is not possible to determine the basis for the application of requisitions; (ii) Inadvertently forfeiture, licence; (iii) Inadequate application by statute, procedures, time frames, competences and standards; (iv) No legitimate vote; (v) The collection of expropriation payments is not made in accordance with the regulations; (vi) Other violations of the provisions of the prohibition of recruitment. Article 15. The following acts in the course of administrative inspections should be held accountable for administrative law enforcement: (i) No inspection of valid eligibility documents; (ii) No inspection is carried out in accordance with statutory procedures, competences and time limits; (iii) Denouncing, ferventing, delaying and refusing to perform inspection duties; (iv) To conceal, provide shelter, care, condonment or to refrain from suppressing and correcting the offences identified in the examination; (v) Other violations of the provisions of administrative inspections. Article 16: The following acts in the course of administrative review shall be held accountable for administrative law enforcement: (i) The application for a conditional review shall not be justified; (ii) No application for administrative review shall be transferred in accordance with the provisions; (iii) Other violations of provisions for administrative review. Article 17: The following acts in the implementation of administrative compensation shall be held accountable for administrative law enforcement: (i) The application for conditional administrative compensation shall be admissible and not admissible; (ii) The compensation shall be paid and the amount of compensation that has been outstanding; (iii) No standard compensation; (iv) Compensation shall not be paid by law; (v) Other violations committed administrative compensation. Article 18 shall be made public by law without public information, or in violation of the rules of procedure, public government information on competence, and shall be held accountable for administrative law enforcement. Article 19 should be held accountable for administrative law enforcement: (i) In violation of the assessment costs, requiring that the administrative relative to accept unspecified reimbursable services, purchase the designated products that cannot be determined or require the administration to perform other unlawful obligations; (ii) In violation of the relevant provisions, corruption, interception, misappropriation of fees charged under the law, impunity, collection or corruption, interception, use, destruction of confiscated, collected and confiscated property; (iii) Other failures or failures to discharge their duties properly. In one of the following cases, the executive law enforcement responsibility of administrative law enforcement organs should be held: (i) Administrative law enforcement by law enforcement authorities has highlighted the law enforcement of the law or has been recognized in administrative review, administrative proceedings in the end of the judgement, as a result of a change and a high rate of withdrawal; (ii) The difference in the annual administrative law enforcement review examination; (iii) The introduction of a system of administrative law enforcement responsibility to respond negatively and to leave. Chapter III Article 21, two or more staff members of the executive law enforcement body jointly exercise the same duties, have no or right to perform the mandated duties, hosts, assume the primary responsibility, and co-located staff, cannot distinguish between hosting, co-coordinated and shared responsibility. Two or more administrative law enforcement agencies do not perform or are incorrectly discharging their duties in joint law enforcement, and are held accountable by joint law enforcement administrative law enforcement agencies for their respective administrative law enforcement actions; they cannot be counted and shared responsibility. Article 22 states that: (i) The author is independent of the exercise of the executive law enforcement authority and is not fulfilling or incorrectly discharging his or her duties; (ii) The author deliberately conceals the facts, leading to non-implementation or incorrect discharge of his or her duties; (iii) The failure of the licensor to exercise administrative law enforcement rights in accordance with the advice of the ratifier, resulting in non-implementation or incorrect discharge of its duties. Article 23. The author does not request the author to approve a direct decision leading to the failure to perform or to exercise his or her duties in the right manner and the responsibility of the reviewor. Article 24 allows the author to adopt the misconceptions of the custodian and the licensor, leading to the non-implementation or incorrect discharge of his or her duties, with the approval, the registrar and the custodian. The author adopts the wrong opinion of the custodor or the licensor, leading to a failure to perform or fail to perform his or her duties in the right manner, the licensor or the licensor of the erroneous opinion. The failure of the former lender resulted in a misperformance of the merits, resulting in a failure to perform or failure to discharge his or her duties properly and the primary responsibility of the licensor and the rator. Article 25 Authorizes a change in the right opinion of the custodian, the reviewer, which has led to a failure to perform or to carry out his or her duties in the right manner and the responsibility of the author. The author is responsible for the author's failure to carry out his or her duties without the consent of the licensor, the examination of the licensor and the direct decision. Article 26 leads decisions taken by the executive branch to lead collective discussions, leading to failure to perform or incorrectly discharge their duties, and requires accountability for the individual responsibility of the lead member, with the primary responsibility of the executive law enforcement responsible for the decision, in favour of misconceptions and other members who have not expressed their views. Article 27, in the opinion of the administrative law enforcement body, of the decision of the superior administrative authority or the error of order, requires changes or cancellation, and the superior administrative authority still insists on misconceptions leading to non-performance or failure to perform its duties, and is responsible for the decision or ordering superior administrative authorities. Article 28 of this chapter refers to the executive head of the executive branch or its deputy officer; the reviewer, which refers to the head of the institution established by the executive branch; the custodian, which refers to staff performing administrative matters, including the host and consular. However, in accordance with the internal division of labour or subject to administrative authority, other staff exercise the right to approval, review and approval, with the specific exercise of the right to ratification, the reviewer. Chapter IV Administrative accountability Article 29 accountability for administrative law enforcement by administrative law enforcement organs may be taken as follows: (i) Removal of deadlines; (ii) To inform criticism; (iii) Removal of higher qualifications for this year. The modalities set out in the preceding paragraph may be applied either individually or jointly. Article 33 Accountability for administrative law enforcement of the staff of the executive law enforcement agencies may take the following: (i) criticizing education; (ii) A written inspection order; (iii) To inform criticism; (iv) induction training; (v) Removal of law enforcement positions; (vi) Removal of law enforcement qualifications; (vii) Removal or accumulation; (viii) Administrative disposal. The modalities set out in the preceding paragraph may be applied either individually or jointly. Article 31, accountability for administrative law enforcement by executive law enforcement agencies, should be held in conjunction with administrative law enforcement responsibilities for persons responsible for the administration of justice. Article 32 does not perform or incorrectly perform the duties of the staff of the executive law enforcement organs, and should be determined in accordance with the nature of the act and the extent of the harm, as follows: (i) In the light of the circumstances, criticism of education, accountability, written check-ups, criticisms or treatment of induction training may be warned or taken into account for administrative disposition; (ii) Excellence of circumstances, granting induction training, relocating from the law enforcement or eliminating the processing of the law enforcement qualifications, may be subject to administrative disposition of excessive, depressed, degrading or dismissal; (iii) In serious circumstances, the removal of the law enforcement qualifications, the resignation or the imposition of an order to be attributed to the resignation, may be dismissed or removed from the administration. Article 33, Administrative law enforcement agencies and their staff members are not in compliance with or are incorrectly performing their duties, without accountability for administrative law enforcement: (i) Because of the misery of the administration; (ii) The conflicts resulting from legal, regulatory, regulatory and administrative normative documents; (iii) Causes of force majeure and legitimate defence; (iv) Other laws, regulations, regulations. Article 34 does not carry out or does not discharge administrative law enforcement responsibilities in the light and undesirable circumstances of the performance of their duties. Article XV provides that administrative law enforcement agencies and their staff are not in compliance with or are incorrectly performing their duties, and should be treated with a view to: (i) To cooperate actively in the investigation or in providing performances such as important lines; (ii) Because of the misperception of the administration; (iii) Decisions taken with regard to common law enforcement or leading class discussions, which can prove partial objections in the course of mutual law enforcement or in the discussion; (iv) Other laws, regulations, regulations. Article XVI provides that administrative law enforcement agencies and their staff are not in compliance with or are incorrectly performing their duties, and should be addressed again: (i) To refrain from redressing non-implementation or failure to discharge their duties properly; (ii) interference and obstruction of administrative law enforcement responsibility investigations; (iii) Counter reprisals against the complainant, the complainant, the prosecution and the accused; (iv) Fering, concealing, destroying evidence or instigation, helping the administration to justify, conceal and destroy evidence; (v) Two or more administrative enforcement responsibilities are held within one year; (vi) Other laws, regulations and regulations. Chapter V Enforcement accountability procedures The division of labour between the inspectorate and the administrative law enforcement authorities is governed by the National People's Republic of China Administrative Monitoring Act and its relevant provisions. The following administrative law enforcement responsibilities should be prosecuted by the inspectorate to investigate cases: (i) There is a need for accountability for the administration of justice or for the administration of justice by its leading members; (ii) A major social impact in the region or involves multiple administrative enforcement agencies; (iii) Administrative law enforcement authorities should be held accountable for the administrative enforcement of their staff; (iv) Other laws should be investigated. The accountability for administrative law enforcement should be pursued in accordance with the following procedures: (i) Preliminary verification of matters that need to be dealt with, and the fact that there is no implementation or failure to perform their duties is considered to require accountability and file; (ii) Develop a survey programme to organize investigations and collect relevant evidence; (iii) Develop written investigation reports; (iv) To address observations in accordance with the investigation report; (v) Resolves in accordance with the authority of management. Article 39 should conduct preliminary verifications of the following cases by inspection bodies at all levels or by administrative enforcement authorities: (i) Complaints, prosecutions and charges by citizens, legal persons or other organizations; (ii) In administrative proceedings, the judgement of the People's Court of Justice has been revoked, partially withdrawn, reproduced with specific administrative acts, the duration of statutory duties or changes in administrative penalties, and the judgement has entered into force; (iii) Removal, change, confirmation of the violation of specific administrative acts, re-establishing specific administrative acts or imposing deadlines for the fulfilment of statutory responsibilities, subject to administrative review, which has entered into force; (iv) Be erroneous in parenting or at the same level, in the Government's administrative enforcement supervision inspection, in the administrative law enforcement review, and in the case of investigation; (v) At the senior level or at the same level, the members of the Preparatory Commission are advised, in the form of proposals, to investigate administrative law enforcement; (vi) organs, such as finance, audit, correspondence, rule of law or institutions, found that administrative law enforcement agencies or their staff were suspected to be non-implementing or incorrectly performing their duties; (vii) Other legitimate ways of detecting the line. Article 40. After initial verification, all levels of inspection bodies or administrative law enforcement organs should make decisions to hold administrative enforcement accountable within 15 working days after preliminary verification results. For cases to be transferred, written statements should be made to the organs or bodies transferred to the case line. The transfer authority or agency has different views that may apply for review to the same-level people's Government or at the highest level of inspection. The findings and grounds of the case shall be communicated to the reporting person within three working days after the decision is taken. The following case decision in article 40 should be submitted to the Government of the current people and to the supervisory body at the highest level; its handling decision should seek the views of the same governmental rule of law bodies on the legality of administrative law enforcement, and to inform the Government of the people at this level of approval and the consent of the supervisory body at the highest level: (i) There is a need for accountability for administrative law enforcement by executive law enforcement authorities; (ii) There is a need to hold accountable for the executive law enforcement authorities to lead individual administrative enforcement responsibilities; (iii) Social impacts or involve multiple administrative law enforcement agencies; (iv) involving outside countries; (v) Cases under other legal regulations. Article 42, Administrative law enforcement officers may not be less than two staff members who are responsible for the investigation. The investigators have the right to receive and reprint the relevant administrative law enforcement agencies to enquire the persons concerned. The relationship between the investigators and the subject of the investigation should be avoided. The subject of the investigation is entitled to request the investigators to avoid and to indicate the grounds for avoiding them. Article 43 cases of investigation should be completed within three months of the date of the case. The situation is complex and the duration of the investigation is governed by the National People's Republic of China Administrative Monitoring Act. Article 44 accountability for administrative law enforcement and its staff should be brought to justice. The accountability for administrative law enforcement should include the following: (i) The basic situation of those responsible for administrative law enforcement; (ii) Facts and evidence that are not performed or are not properly performed; (iii) Determination of administrative law enforcement responsibilities; (iv) The basis for accountability for administrative law enforcement; (v) Decisions on accountability for administrative law enforcement; (vi) The manner, duration and manner in which administrative law enforcement is not held accountable; (vii) The organ and date of the decision. Article 42, or administrative law enforcement agencies, in cases where the case is investigated, shall be dismissed by investigation to determine that there is no failure to perform the facts or that there is no need to hold administrative law enforcement responsibilities, and that it should be communicated in writing to the investigation units and their superior administrative law enforcement authorities or to the investigators and their offices. With regard to the withdrawal of cases under article 40 of the present approach, the Government of the current people and the inspection body at the highest level should be reported. Article 46 accountability for administrative law enforcement should be sent within fifteen working days from the date of the decision to those responsible for the accountability of administrative law enforcement and sent to the relevant sector in accordance with the management authority. Administrative law enforcement should be held accountable as an administrative law enforcement body and its staff assessment of the examination of the nuclear basis. Article 47 is subject to administrative law enforcement accountability to be held accountable for the inconsistency of the decision and, in accordance with the Civil Service Act of the People's Republic of China and the Administrative Monitoring Act of the People's Republic of China, as well as other relevant laws, regulations, regulations or regulations, the application for review. Article forty-eight monitors and administrative law enforcement authorities and their staff members have been criticized in one of the following cases in the accountability of administrative law enforcement; in serious circumstances, administrative disposition; and criminal accountability by law: (i) The intentional concealment of an offence or the discovery of an offence that should be held accountable for administrative law enforcement; (ii) Increase or reduce the responsibility of persons responsible for violations; (iii) The judiciary should be transferred by law without being transferred. Annex VI Article 49 of this approach was implemented effective 1 June 2008. The regulations relating to administrative law enforcement issued in the city prior to the implementation of this approach are inconsistent with this approach. |
