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Shaanxi Provincial Administration Supervision

Original Language Title: 陕西省依法行政监督办法

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(Adopted at the 19th ordinary meeting of the People's Government of Chiangi, 29 September 2007, No. 123 of the People's Government Order No. 123 of 29 September 2007 and issued effective 1 January 2008)

Contents
Chapter I General
Chapter II Oversight elements
Chapter III
Chapter IV
Chapter V
Chapter I General
Article 1, in order to enhance the oversight of the executive branch in advancing the work of the law administration, expedite the construction of the Rule of Law Government and develop this approach in line with the provisions of the relevant laws, regulations and the Department of State's Comprehensive Framework for the Implementation of the Law.
Article 2. This approach refers to activities such as inspections, evaluation awards and punishment of the executive branch of the superior administration for the advancement of the legal administration.
Article 3
Article IV. The Government of the people at the district level leads to the legal administration of the region and oversees the administration of the respective departments and the people at the lower level.
The following vertically managed sectors of the province are governed by the law and are subject to the supervision of the executive work of the system at the level of the system.
Government-owned departments at all levels lead this sector in accordance with the law and provide guidance on the legal administration of the sector at the level of the system.
Article 5
(i) Establish and implement the relevant system of administrative oversight under the law;
(ii) The development and organization of programmes under the authority of the law;
(iii) Guidance exchange and inspection of administrative oversight under the law;
(iv) Coordination of administrative oversight by the relevant departments or agencies;
(v) Other responsibilities under laws, regulations.
The relevant sectors of the Government of the above-mentioned population are governed by the provisions of their respective responsibilities and laws, regulations and regulations.
Chapter II Oversight elements
The executive branch of Article 6 oversees the following matters relating to the leadership of the executive branch at the lower level:
(i) Implementation of the responsibilities of executive direction under the law;
(ii) Development and implementation of long-term planning and annual workplans in accordance with the law;
(iii) Research settlement of key issues under the law;
(iv) Implementation of the legal administrative statistical and reporting system;
(v) Inspection of the administrative work of the law;
(vi) Leading learning training and examination of legal administrative knowledge by competent departments and administrative law enforcement officials;
(vii) An evaluation of the executive branch at the next level and accountability for those responsible for leading responsibility.
Article 7 above-level executive organs oversee the following matters relating to administrative decision-making in the lower executive branch:
(i) The review of the legitimacy of administrative decision-making, the collective decisions of major policymaking, feedback on the implementation of major decision-making and accountability, and the establishment and normative functioning of such systems;
(ii) Whether the decision-making authority between the superior and the lower levels of government, the Government and the respective sectors is clear;
(iii) Does the executive decision-making power be exercised within the statutory competence;
(iv) There is a strong professional decision-making and whether the matter is expertly valid, whether the society has a wide range of decisions that are closely linked to the people's interests, and whether public opinions are publicized or widely heard.
Article 8 above-level executive organs oversee the following matters relating to the implementation of the normative document oversight management system by the executive branch at the lower level:
(i) The formulation of normative documents is in accordance with the statutory competence;
(ii) The development of normative documents in conformity with the statutory procedures;
(iii) Whether the normative documents issued are submitted to the executive branch in accordance with the provisions;
(iv) The strict review of the availability of normative documents for the sub-administrative organs and the timely handling of the problems identified;
(v) Implementation of the normative document on a regular basis.
The executive branch of Article 9 oversees the following matters for the executive branch at the lower level for the enforcement of administrative law responsibilities:
(i) Whether the law recognizes the subject of administrative law enforcement and the presence of institutions or organizations that do not have administrative law enforcement qualifications and their personnel in administrative law enforcement activities;
(ii) Whether administrative law enforcement is regularly cleared and that new laws, regulations, regulations and regulations are being disseminated in a timely manner and that there is no applicable legal basis for modifying, repealing and invalidating them;
(iii) Whether administrative law enforcement functions are governed by law, the enforcement of administrative law enforcement responsibilities, and whether there is no authority to be held accountable for misconduct, violations or inappropriate administrative acts;
(iv) The establishment and implementation of procedures such as administrative law enforcement, avoidance, investigation, hearing, decision-making, without serious procedural violations or abuse of authority;
(v) Whether administrative law enforcement files are reviewed and there is no uniformity of administrative law enforcement instruments;
(vi) Whether there is a coordination mechanism for administrative law enforcement competence dispute resolution, with no functional overlap and a lack of resolution.
The executive branch of Article 10 oversees the following matters relating to the performance of the executive branch at the lower level in accordance with the law:
(i) Whether to exercise its mandate within the statutory framework, there is no more competent administration and an arbitrary increase in the obligations of citizens, legal persons and other organizations or to deny the rights of citizens, legal persons and other organizations;
(ii) The strict exercise of statutory responsibilities and the lawfulness and redress of violations by law and the absence of administrative support as a result of damage to public interests and the relative interests of the administration and the disruption of the administrative order and the impact of the significant social impact;
(iii) Whether the Government's credibility is preserved and there is no intention to withdraw and change administrative decisions that enter into force;
(iv) The strict implementation of administrative review responsibilities without which the review was not reviewed, the decision was not decided; and the absence of a decision from the executive branch to review;
(v) Whether there should be a mechanism for the sound administration of justice, whether there should be no refusal to petition or to deny compliance with the administrative judgement of the People's Court;
(vi) Whether there is a mechanism for the establishment of a mechanism for the proper reporting of complaints, with no primacy, suffice and refusal to report complaints.
The executive branch of Article 11 oversees the following matters regarding the implementation of the public information system by the executive branch at the lower level:
(i) Preparation and updating of the public directory of information by this organ;
(ii) Publication of significant public interest information;
(iii) Application of public information based on civil, legal and other organizations;
(iv) Public information on the law enforcement basis, law enforcement officials, law enforcement authorities, law enforcement procedures and law enforcement results.
Article 12. The Government of the High-level People's Government shall also monitor the following matters, in addition to the provisions of other provisions of this chapter:
(i) Changes in Government functions;
(ii) The establishment of institutions in accordance with the law to adapt to the administrative system;
(iii) Innovative administrative approaches to advance the reform of the administrative approval system;
(iv) deepen the reform of the administrative law enforcement system and carry out relatively centralized administrative penalties, relatively centralized administrative licences and integrated law enforcement;
(v) Financial security of administrative law enforcement.
Chapter III
Article 13 Governments of more people at the district level and the sectors under vertical management in the province should organize and plan to carry out administrative oversight in accordance with the provisions of this approach.
In accordance with the law, administrative oversight is primarily undertaken through comprehensive inspections, special inspections, critical investigations, statistical analysis, and review of the administrative performance of the law.
The executive branch of Article 14 should conduct a comprehensive review of the executive branch at the lower level each year to advance the legal administration.
The executive branch of article 15 should conduct inspections of the implementation of significant administrative deployments by the lower administration, the completion of important work, and the handling of major matters.
Article 16 of the executive branch should investigate key issues identified in the administrative supervision of the law.
Article 17
Article 18 provides for a comprehensive inspection of the administration of the law, an inspection of the subject matter, and a major question of investigation, which shall form the inspection team, the Monitoring Group, the Investigation Group.
The inspection team, the inspectorate, the investigation team may be able to ascertain the facts by listening to the relevant documents, convening a colloquium and individual queries.
The relevant units should be synergistic, and the relevant material should be made available, if any.
Article 19 Inspection teams, inspection teams, etc., should make recommendations for improvements to the relevant units and report inspections, inspections and inspections to the inspectorate, the supervisory body.
Article 20 should report the investigation team to the organs of the investigation team and make recommendations.
With regard to the treatment of the staff of the executive branch, recommendations should be made to the competent inspectorate.
The organs of the investigation teams should review and make timely decisions on the handling of the recommendations of the investigation team; report on the authority of the organ beyond the competence of the organ. The treatment of results requires disclosure or feedback from the parties concerned and should be made available or feedback in a timely manner.
Article 21 Governments of more people at the district level and the following vertical management in the province should establish a system of statistics on the administrative situation in accordance with the law, in the context of actual design, issuance, collection and collection of statistical statements of the administrative situation in the region, to investigate, analyse the administrative situation of the lower authorities.
Article 2 should report to the executive branch at the highest level at the end of each year on the administration of the law, and the Government of the people at the district level should report at the same time to the Commission.
The executive report of the law is received and reviewed by the rule of law body on behalf of the Government or the sector.
Chapter IV
Article 23. The Government of the people at the district level should set up an administrative evaluation indicator under the law and conduct an annual evaluation of the administration of the respective departments and the people at the lower level.
The following vertically managed sectors of the province conduct annual evaluation of the system's administrative work in accordance with the law.
The annual evaluation of the administration of justice is integrated into the conduct of the responsibilities of the Government at this level and the system for the annual objectives.
The evaluation of the executive branch at the level of article 24 should be informed or made available to society in due course.
Article 25. The executive organs at all levels should be recognized and rewarded for the advancement of units that have been highlighted in the effectiveness of the legal administration.
Article 26 consists of one of the following acts by the executive branch, which is criticized by the competent superior executive body, and is correct:
(i) Non-arrangement of deployment and inspection of the administration of the law;
(ii) Failure to fulfil the annual mandate of the administration of justice;
(iii) Not to report on the administrative status of the law, as prescribed;
(iv) Execution of administrative law enforcement responsibilities and non-implementation of law enforcement positions;
(v) In accordance with the law, the executive evaluation is not included in the annual performance appraisal.
Article 27 consists of one of the following acts by the executive branch, which is criticized by the competent superior administrative body, is correct, and is severely punishable by law by the competent superior administrative body or by the inspection authority:
(i) Major administrative decisions are not widely heard or subject to statutory procedures;
(ii) Coordination of administrative dispute resolution, which has resulted in confusion in administrative law enforcement order;
(iii) The failure to perform their duties in accordance with the law, resulting in confusion in the administrative order in a particular regard;
(iv) Institutions or personnel that do not have law enforcement qualifications engage in administrative law enforcement activities;
(v) The problems identified in the reporting and monitoring of complaints are not dealt with in a timely manner;
(vi) Non-responsibility of those responsible for accountability.
Article 28 of the lower executive branch does not carry out the decisions taken by the executive branch of the executive branch of the executive branch under the law and is carried out by a competent executive organ responsible for the enforcement of the decision; the refusal is carried out by a competent superior administrative body or by an inspectorate, in accordance with the law.
Article 29 Staff of the administrative organs disposed of are incompatible with the decision to dispose of the disposition and may apply for review or appeal in accordance with the relevant provisions of the Civil Service Act of the People's Republic of China and the National People's Republic of China Administrative Inspectorate Act.
In accordance with the relevant laws, regulations, regulations and regulations, the executive branch of the thirty-fourth executive branch found that the subordinate executive body had other criminal acts.
Chapter V
Article 31, Laws, administrative regulations, local legislation in the province, government regulations that govern administrative conduct are regulated and are implemented in accordance with their provisions.
Article 32 of this approach is implemented effective 1 January 2008.