Jilin Province, Administrative Law Enforcement Supervision

Original Language Title: 吉林省行政执法监督办法

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(July 9, 2007 Jilin Province Government 8th times Executive Conference considered through September 18, 2007 Jilin Province Government makes 193th, announced since January 1, 2008 up purposes) first chapter General first article to strengthening and perfect administrative organ internal of level supervision mechanism, prevent and corrected illegal, and improper of administrative law enforcement behavior, guarantees and supervision administrative organ law exercise terms, protection citizens, and corporate and other organization of lawful rights and interests of, according to about legal regulations, developed this approach.
    Second this approach applies to the provincial people's Government and its administrative organs at all levels to lower administrative authority, authorized by laws and regulations of the organizations of the administrative law enforcement supervision.
    Administrative law enforcement in these measures refers to the administrative organ (contain administration authorities shall delegate the Organization), authorized by the laws and regulations in addition to the development of regulations and regulatory documents and internal administrative behavior other than the implementation of laws, regulations and rules of the administrative act.
    Third government legal departments for the province's administrative law enforcement supervision, under the leadership of the provincial government is responsible for the administrative organs at various levels in the province of administrative law enforcement work in guidance and supervision.
    Legislative Affairs departments at all levels and departments of legal institutions at the level of Government, under the leadership of the Department responsible for the Administration, the system of administrative law enforcement supervision work.
    Monitoring, auditing, finance and other sectors in accordance with their respective authority on administrative law enforcement supervision.
    Fourth administrative law enforcement supervision work must follow the law, objectivity, impartiality, openness, principles of errors shall be corrected, combining education with punishment, combined with the improvement of supervision and inspection to ensure executive authorities and law enforcement officials at all levels strictly by law, maintaining the lawful rights and interests of citizens, legal persons or other organizations. Second chapter supervision content fifth article administrative law enforcement supervision of content including: (a) implement legal, and regulations, and regulations of organization, and deployment and implementation situation; (ii) administrative law enforcement subject whether has statutory qualification, delegate administrative law enforcement whether legal; (three) administrative law enforcement personnel whether has provides of qualification and conditions; (four) administrative law enforcement organ whether right perform statutory duties; (five) implementation administrative punishment, and administrative license, and administrative levy, and administrative payment, and administrative confirmed, and administrative ruling, and
    Legality of specific administrative actions such as administrative enforcement, appropriate and (vi) other administrative enforcement action is legitimate and appropriate.
    Sixth administrative personnel, Foreign Affairs, civil affairs, such as mediation or administrative action, by the relevant authorities in accordance with the relevant laws, regulations, regulatory supervision.
    Chapter III supervision organs and personnel seventh government legal departments at all levels to the level of Government-owned sector and lower levels of Government and the Department of administrative law enforcement supervision.
    Eighth Government departments at all levels to their law enforcement agencies and lower-level government administrative law enforcement supervision for the sector.
    Nineth government legal departments may authorize cities (States) and counties (cities, districts) vertically below the provincial management of government legal departments of ministries within its administrative area, supervises the administrative law enforcement organs, entrusted with the authority in their own name exercise supervision.
    Delegate oversight of specific measures formulated by the provincial government's Department of Legal Affairs. Tenth Government at or above the county level shall establish the administrative law enforcement Ombudsman.
    At all levels of the Government legal departments and Government departments engage in administrative law enforcement supervision work as full-time law enforcement Ombudsman; accept the hiring Executive involved in administrative law enforcement supervision personnel for special administrative law enforcement other than the Ombudsman.
    Administrative law enforcement supervision required of the Jilin provincial people's Government in fulfilling its oversight responsibilities in administrative law enforcement inspection certificate.
    Administrative law enforcement Ombudsman's establishment of the administrative law enforcement inspection certificate issued by the provincial government and the unified management of the Department of Legal Affairs.
    11th administrative law enforcement supervision to perform their duties, the right to supervision and inspection of the administrative law enforcement organs and administrative law enforcement personnel were asked to produce certificate of administrative law enforcement, explain the situation, check out law enforcement files, provides information on the file, to stop or correct illegal or improper acts of administrative enforcement, suggestions and comments.
    Administrative law enforcement organs and administrative law enforcement personnel shall cooperate, accept supervision and inspection, to explain the situation, and may not refuse, and correcting illegal or improper acts of administrative enforcement as required, administrative and law enforcement.
    Fourth chapter mode of supervision article 12th report on the implementation of administrative law enforcement system.
    Governments at all levels should report regular upward level of government administrative implementation; administrative law enforcement organs at all levels shall report regularly to the level of Government implementation of the administrative law enforcement.
    Government legal departments to develop implementing rules for the implementation of administrative law enforcement system.
    13th mandatory administrative law enforcement records system.
    Entrust other administrative bodies or institutions of the Government at all levels to perform the administrative duties of law enforcement should be higher Government Legal Department.
    Government departments at all levels to entrust other administrative bodies or institutions take up law enforcement duties, should be the level of Government Legal Department.
    14th should delegate administrative enforcement of written decision by the principal organs within the 15th reported record filings including filing reports, administrative enforcement of letters rogatory and the announcement file 1, file reports should indicate the administrative enforcement of any of reasons, basis and basic information to delegate authority or organization.
    15th carry out checks on the implementation of administrative law enforcement system.
    Government legal departments at all levels to develop annual administrative law enforcement inspection plan, the level of Government approval.
    Government legal departments at all levels in accordance with the actual situation, organizing and implementing special law enforcement inspections and random inspections.
    16th administrative law enforcement inspection can take the briefing, held seminars, on-site inspection, access to administrative files, reviewing accounts paper vouchers, visit the administrative relative person.
    17th administrative law enforcement and inspection after the Government legal departments will check on a case report on the situation to the level of Government, giving executive authorities informed and, if necessary, announced to the public.
    Article 18th system of administrative law enforcement and reporting.
    Citizens, legal persons or other organizations considered that administrative law enforcement of administrative law enforcement organs is illegal, improper, he may, within 1 year from the date of the administrative enforcement Act has jurisdiction over Government Legal Department complaints, report, called for an investigation and treatment.
    Complaints, reported in accordance with the provisions of article fifth, government legal departments shall accept, does not meet the inadmissible; belongs to the scope of administrative reconsideration, it shall inform the complainants apply for administrative review; the people's courts, monitoring, complaint letters and calls have been or are being addressed, such as inadmissible; inadmissible, it shall notify the complainant in writing reasons for not accepting.
    19th government legal departments shall be announced to accept complaints or information of contractors and contact information.
    20th the Government legal departments to the admissibility of the complaint, reporting should be investigated, and within 60 days make a decision and will inform complainants of the outcome.
    21st government legal departments handle complaints, reporting shall not charge any fees to the complainant.
    22nd Government departments at all levels should establish a sound monitoring system to strengthen this sector, the system of the administrative law enforcement supervision.
    The fifth chapter survey and the 23rd government legal authorities for investigation or inspection, administrative law enforcement supervision shall be not less than two persons, and shall be filed with the administrative law enforcement organs and administrative law enforcement, produce the certificate of administrative law enforcement supervision.
    24th article government legal sector for survey or check Shi can take following measures: (a) asked administrative law enforcement organ and the administrative law enforcement personnel, asked administrative relative people, and witnesses, and making survey record; (ii) check out administrative law enforcement files and the accounts, and notes, and voucher, necessary Shi can copy; (three) to recording, and video, way collection evidence; (four) temporarily buckle administrative law enforcement documents, but should issued written voucher.
    Survey or inspection of administrative law enforcement organs and administrative law enforcement personnel shall truthfully answer questions, provide relevant documentation to assist the investigation or examination, shall destroy or transfer of evidence.
    25th article government legal sector according to survey, and check results, can difference situation made following processing: (a) implement legal, and regulations, and regulations organization, and deployment, and implementation poor of, proposed rectification views, ordered about administrative organ improved work, and can give informed criticism; (ii) delegate administrative law enforcement violation about provides of, ordered deadline corrected, late not corrected of, confirmed delegate invalid, and be announcement; (three) not made administrative law enforcement documents engaged in administrative law enforcement work of, ordered stop administrative law enforcement work; (Four) administrative law enforcement personnel has violations, plot serious of, decided collection administrative law enforcement documents, canceled administrative law enforcement qualification, refused to paid back documents of, announcement void; (five) implementation specific administrative behavior illegal, and improper of, ordered deadline corrected, late not corrected of, confirmed illegal, and invalid; (six) not perform statutory duties of, ordered deadline perform; (seven) illegal implementation administrative punishment, and administrative levy and assessed property of, ordered will illicitly acquired deadline returned party, cannot returned and not surrendered financial of,
    Decided to be seized and turned over to the budget at the same level.
    On breach of administrative law enforcement organs and administrative law enforcement personnel and process the results, you can appeal to the administrative authorities or to the public.
    26th administrative enforcement action to citizens, legal persons or other organizations cause damages, by the Government legal departments confirm the illegal, invalid, the parties may, in accordance with the provisions of the law on State compensation claims for State compensation. Sixth chapter legal liability article 27th executive law enforcement actions taken on administrative law enforcement organs is illegal, improper, against the public interest and the citizens, legal person or other organization's legitimate rights and interests, should be given administrative sanctions in accordance with law, and government legal departments shall be reported according to cadre management jurisdiction of the Government or supervisory organs give their responsibilities to any serious crime, and handed over to judicial organs for handling.

    28th administrative refusal, obstruction of investigations by law enforcement agencies, has not correct itself shall be ordered to correct violations, or refusal to implement the decisions of the administrative law enforcement supervision, government legal departments shall be reported according to cadre management jurisdiction of the Government or supervisory organs give their responsibilities to administrative sanctions.
    Article 29th violation of administrative law enforcement supervisory organs and supervisory personnel to exercise supervisory powers, resulting in serious consequences, by their superiors or the supervision authority shall give the person concerned an administrative sanction in serious crime, and handed over to judicial organs for handling.
    The seventh chapter by-laws article 30th this approach by the Legal Affairs Office of the provincial government is responsible for the interpretation. 31st article this way come into force on January 1, 2008.
                                                                                                                                February 3, 1999 published by the people's Government of Jilin province, Jilin province, administrative punishment methods of supervision, of September 5, 2004 published by the Jilin provincial people's Government abrogated the administrative licensing methods of supervision in Jilin province.