Administration Of Guangxi Zhuang Autonomous Region, The Fault Responsibility Investigation Methods

Original Language Title: 广西壮族自治区行政过错责任追究办法

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(April 17, 2007, the people's Government of Guangxi Zhuang Autonomous Region at the 63rd Executive meeting on April 25, 2007, the people's Government of Guangxi Zhuang Autonomous Region announced 24th come into force on June 1, 2007) Chapter I General provisions article for promoting administration according to law and improve administrative efficiency, administrative organs and their staff the correct, timely, impartial and efficient administration, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China civil service law and other related laws
    And regulations, combined with this practice, these measures are formulated.
    Second this approach applies to the State administrative organs at all levels of the autonomous region and legal and authorized rights to administer public affairs functions of the Organization and the administrative organs in accordance with the delegated organization (hereinafter administrative authorities) and their staff.
    Staff referred to in the preceding paragraph include staff and appointments.
    Third administrative organs and their staff shall not perform or not perform their duties properly, that would affect the administrative order and administrative efficiency, delay the Administration, legal rights of administrative relative person or damage, in accordance with the administrative liability of those in these measures.
    Fourth administrative body does not perform or not perform their duties properly, head of the Executive, in charge of in charge of administrative liability.
    Fifth administrative organ shall provide for the establishment of responsibility, first asking duty system, once informed, timed handle system, accountability, such as the administrative management system.
    Sixth administrative fault responsibility investigation, should adhere to accountability will ask every mistake we will investigate, degree of fault liability with fault adaptation, the principle of combining education and punishment.
    Second chapter responsibility held range seventh article administrative organ or administrative organ heads has following case one of of, administrative organ heads bear administrative fault responsibility: (a) on superior decided, and resolution refused to implementation; (ii) organ effectiveness low, effect global work; (three) violation administrative decision program, on urban and rural planning major adjustment, and major project construction, and State-owned assets investment, and funds using, and State-owned enterprise restructuring, made errors decision, caused larger economic loss; (four) illegal take administrative measures, led to group event;
    (Five) not law developed normative file, damage citizens, and corporate and other organization lawful rights and interests of; (six) on Congress and Standing Committee obliges solution or corrected of matters, not solution, and not corrected; (seven) refused to implementation occurred legal effectiveness of judgment, and ruled, and arbitration ruling and statutory supervision organ of decided; (eight) occurred natural disasters, and accident disaster, and public health event, and social security event, concealed, and lied about, and sustained reported, and omitted or prevention, and rescue, and treatment poor;
    (Nine) Organization large mass activities, not take effective prevention measures that occurred accident; (ten) administrative organ heads of words and deeds lossy Government image, caused bad effect; (11) not by provides established responsibility, and first asked responsibility, and once told business, and limited settles business and responsibility held business, administration system or implementation poor; (12) violation provides hired, and appointment, and rewards and punishments civil servants or employing oversight, and errors, caused serious consequences;
    (13) other circumstances that does not perform or not perform their duties properly.
    Article eighth administrative action, any of the following circumstances, should be held responsible for administrative liability for: (a) the law should not only withdraw; (b) the hearing without hearing according to law, (iii) does not perform its obligation; (iv) carrying out corporate activities do not produce valid documents; (v) other violations of legal procedures.
    Nineth article administrative organ and staff in administrative approval process in the, has following case one of of, should ordered corrected and held administrative fault responsibility: (a) not by provides implementation unified accepted, and joint accepted, and concentrated accepted administrative approval; (ii) seek improper interests, or deliberately bewilders, and shuffle, and delay, effect administrative approval; (three) not by provides issued accepted receipt or lost applicants declared information; (four) not in accordance with statutory program implementation administrative approval; (five) not in statutory term within settles administrative approval matters; (Six) unauthorized charges or not according to statutory project and standard charges, specified purchase commodity or requirements provides, and accept service, specified participate in training, and academic research, and technology assessment, and appraisals; (seven) interception, and misappropriated, and privately or disguised privately implementation administrative approval law charged of costs; (eight) law should according to tender, and auction results or exam results preferred made granted administrative approval decided, without tender, and auction or exam, or not according to tender, and
    Auction results and the exam results preferred made granted administrative approval decided; (nine) illegal delegate intermediary institutions, and subordinates institutions or other organization generation line administrative approval right; (ten) illegal allowed intermediary institutions or other organization engaged in administrative approval agent activities; (11) accepted of administrative approval matters involved other sector, not law transfer or try, and delay not do; (12) violation provides revoked, and cancellation, and change original administrative approval matters; (13) other violation administrative approval provides of case.
    Tenth Article administrative organ and staff in administrative levy management process in the, has following case one of of, should held administrative fault responsibility: (a) no statutory or provides according to implementation levy; (ii) violation provides established levy project or change levy project of range, and standard, and object and term; (three) not by statutory range, and time implementation levy; (four) violation about financial financial management provides, interception, and misappropriated, and sat support or privately levy paragraph; (five) not using statutory sector business sent of dedicated notes;
    (Vi) other circumstances that violate the provisions imposed.
    Administrative levy referred to in the preceding paragraph, including tax and non-tax revenues.
    11th article administrative organ and staff in implementation administrative supervision check process in the, has following case one of of, should held administrative fault responsibility: (a) no statutory or provides according to implementation check; (ii) no specific reason, and matters, and content, and object implementation check; (three) gave up, and shuffle, and delay, and refused to perform check duties; (four) found violations not law stop, and corrected; (five) violations was check object lawful rights and interests of; (six) other violation administrative supervision check provides of case.
    12th article administrative organ in implementation administrative punishment process in the, has following case one of of, should held administrative fault responsibility: (a) not has administrative punishment subject qualification; (ii) no facts and legal according to; (three) unauthorized change punishment type, and range; (four) violation statutory program; (five) illegal processing confiscated property; (six) suspected crime, not transfer judicial organ; (seven) on violations should punishment not punishment or mess punishment; (eight) other illegal implementation administrative punishment of case.
    The executive staff in violation of the provisions of the preceding paragraph shall bear administrative liability.
    13th article administrative organ and staff implementation administrative forced, has following case one of of, should held administrative fault responsibility: (a) no facts and legal according to; (ii) violation statutory program; (three) interception, and misappropriated, and privately seized, and seized, and confiscated of property; (four) on seized, and seized, and confiscated of property custody poor, caused damage; (five) violations citizens, and corporate and other organization lawful rights and interests of; (six) other violation provides implementation administrative forced of case.
    14th article administrative organ and staff in perform administrative reconsideration duties Shi, has following case one of of, should held administrative fault responsibility: (a) not law accepted administrative reconsideration application; (ii) not law transferred administrative reconsideration application; (three) not by statutory term proposed written replies or not submitted made specific administrative behavior of evidence, and according to and other about material; (four) block, and disguised block citizens, and corporate or other organization law application administrative reconsideration; (five) illegal made administrative reconsideration decided;
    (Vi) any other violation of law of administrative reconsideration cases.
    15th administrative organs of normative documents, any of the following circumstances shall be investigated for administrative liability for: (a) the illegal establishment of an administrative license, the administrative punishment or administrative charges, administrative enforcement; (b) overstepping or contravention procedures; (c) is not required to submit for the record review or is not issued to the public; (d) other violations of provisions of normative documents program.
    16th article administrative organ and staff processing petition matters, has following case one of of, should held administrative fault responsibility: (a) hidden or damaged petition material; (ii) leaked report, and charged, and expose material or will material to was report, and charged, and expose people; (three) bewilders visiting people, and complaints people, and complaints people; (four) on burst sex event and may caused social major effect of matters, not timely disposal or disposal poor caused serious bad consequences and effect;
    (E) other circumstances that violate the provisions work of letters and calls. 17th article administrative organ and staff processing internal administrative affairs, has following case one of of, should held administrative fault responsibility: (a) not by provides handle communications, and calls, caused bad consequences; (ii) belongs to duties range within of matters shuffle, and delay not do; (three) documents handle involved other sector terms need consultations, without consultations or consultations inconsistent, without common superior agreed, good for decided; (four) violation confidential and file management provides, led file, and archives, and information leaks, and loss or lost
    (V) does not check document types, document symbol, text formatting and posting, causing negative consequences (vi) violation of the requirement to use the Executive seal; (VII) other circumstances that breach of official regulations.
    18th article administrative organ has following not as case one of of, should held administrative fault responsibility people of responsibility: (a) refused to perform protection citizens, and corporate and other organization personal, and property, and by education right, and by rescue right, lawful rights and interests of of statutory duties; (ii) refused to issued should issued of pension, and social insurance or minimum life guarantees fee; (three) refused to perform mediation processing land, and mountain, and water ownership disputes of statutory duties; (four) other refused to perform statutory duties of case.
    Chapter III administrative liability Division and assumed the 19th administrative liability is divided into direct responsibility, primary leadership responsibility and important leadership responsibilities.
    20th article hosted people has following behavior one of of, bear directly responsibility: (a) without audit people, and approved people approved, unauthorized made administrative behavior; (ii) fraud, and engages in, led audit people, and approved people cannot right audit, and approved, led to administrative fault occurred; (three) not in accordance with audit, and approved of content implementation administrative behavior, led to administrative fault occurred; (four) other should by hosted people bear directly responsibility of behavior.
    21st hosting plan or error, reviewer, approver should be found not found or not corrected after it was discovered, leading to administrative fault occurs, Undertaker who bear direct responsibility, reviewers will have the primary leadership responsibility, ratifying important leadership responsibility for people. 22nd reviewer changes the Undertaker's opinions, approved by the approved administrative fault occurs, the reviewers were directly responsible, approved by the primary leadership responsibility.
    Shall be submitted to the approval of approved reviewers directly, without report to the decision, leading to administrative fault occurs, the reviewers were directly responsible.
    23rd approved changing the undertaker, opinions of the reviewer or approver directly and without the contractor's proposed decision, administrative fault occurs, approved by bear direct responsibility.
    24th in violation of administrative decision-making procedures without a collective discussion without decision, administrative fault occurs the decision-makers directly responsible; decided collectively, resulting in administrative fault occurs, key decision makers a central leadership, aligned themselves with the wrong decisions and comments of other decision makers assume important leadership responsibilities.
    25th the higher administrative authority to change decisions of subordinate administrative organs, administrative mistakes happen, higher administrative authorities bear administrative liability.
    26th the administrative organ not as an administrative fault occurs, managers directly responsible and other persons bear administrative liability.
    Fourth chapter administrative fault responsibility type and applies 27th article administrative fault responsibility of type: (a) admonished; (ii) ordered written check; (three) canceled assessment assessment first qualification; (four) informed criticism; (five) temporarily buckle or revoked administrative law enforcement documents; (six) accept responsibility resigned from led positions or ordered resigned from led positions; (seven) dismissed; (eight) administrative sanctions.
    Suspected of a crime, judicial organs according to law.
    28th administrative fault of the administrative organ, as the case ordered a written examination, criticism, cancel the assessment evaluation of first qualification.
    29th executive branch administrative mistakes undermine legal rights of administrative relative person, while bear administrative liability, shall as appropriate to apology, removal, rehabilitation, repatriation of illegally receiving property, shall be subject to State compensation.
    Article 30th directly responsible for personnel, minor, admonish, ordered to be written to check; the plot of, cancel the assessment evaluation of eligibility, withholding certificate of administrative law enforcement in serious cases, criticized, revoked the administrative law-enforcement documents.
    Personnel to have the primary leadership responsibility, minor, admonish, ordered to be written to check; the plot of, cancel the assessment evaluation of qualifications, notice of criticism, withholding certificate of administrative law enforcement in serious cases, as the case revoked the administrative law enforcement documents, accept responsibility to resign from leadership positions or be ordered to resign from leadership positions.
    Staff with responsibility for important leadership, minor, be admonished if heavier, order a written check, cancel the assessment evaluation of first eligibility, withholding certificate of administrative law enforcement in serious cases, as the case criticized, revoked the administrative law enforcement documents, accept responsibility to resign from leadership positions or be ordered to resign from leadership positions.
    Administrative fault behavior should be dismissed or administrative sanctions, in accordance with the People's Republic of China on administrative supervision law and the People's Republic of China regulations of the Civil Service Act and other laws and regulations.
    31st article has following case one of of, should from heavy or aggravated processing: (a) interference, and block administrative fault survey; (ii) combat, and revenge, and framed charged people, and report people, and complaints people, and survey people; (three) a years within appeared two times above should to held administrative fault responsibility behavior; (four) administrative fault behavior caused bad effect or serious bad consequences; (five) other should from heavy or aggravated processing of case.
    32nd article has following case one of of, can lighter, and reduce or from processing: (a) fault behavior plot significantly minor, not caused bad effect or bad consequences; (ii) effective block administrative fault consequences occurred; (three) active corrected or save loss; (four) active returned violations, and disciplinary, and illegal proceeds; (five) active tie survey has meritorious service performance; (six) other should lighter, and reduce or from processing of case.
    The fifth chapter accountability of institutions and program the 33rd competent administrative liability of the supervisory organs at all levels accountable.
    Auditing, personnel, legal, letters and calls departments shall perform their respective responsibilities.
    Following administrative fault responsibility investigation of 34th article by the supervisory organs shall be responsible for: (a) the Executive administrative fault; (b) the Executive administrative fault and (iii) other administrative faults by supervisory organs should be held accountable. 35th executive staff administrative fault responsibility investigation by the administrative organ in charge.
    But according to the personnel management permission except as not part of the Executive management.
    Article 36th administrative fault responsibility investigation Institute: (a) citizen complaints and accusations, complaints, legal persons and other organizations, and (b) suggestions for statutory oversight bodies, the authorities at the investigation and handling of (iii) found in the cleaning and inspection of the Organization, and (iv) shall investigate and deal with other situations. 37th accepting authority shall, on receipt of the administrative liability of those complaints and accusations and complaints materials within 10th of, examine the facts and make a decision on whether to accept. Clear complainants, informants, the complainant shall be informed of the decision and reasons in writing against people, prosecutors, complainants.
    Otherwise provided for by laws, rules and regulations, from its provisions.
    Article 38th complainants and whistle-blowers, and administrative authorities is not accepted by the complainant does not accept the decision, or finds it inconvenient to the executive acts of the administrative authority complaints and accusations, complaints, complaints and accusations, complaints to the monitoring authority.
    Surveillance after authorities received complaints and accusations, complaints, may order the administrative authority or by the supervisory organs handled directly.
    Supervisory organs apply directly for cases involving personnel, according to the personnel management authority to the competent administrative authorities or the people's Governments at the corresponding level recommendation of supervision involving administrative disciplinary action, in accordance with the People's Republic of China Law on administrative supervision regulations. 39th survey to deal with administrative fault case, investigation officers shall hear the person's statements and to defend themselves.
    Investigation and handling of persons under investigation who has an interest in, may affect the impartiality of treatment, should be avoided.
    40th decides to accept the case, shall, within 60 days from the date of acceptance and make a decision on conclusion of the investigation; the complex, approved by the head of the Agency, you can extend the 30th.
    41st decision should be notified in writing to the administrative liability of people; there are clear complainants, informants and complainants, should inform the complainants, informants and complainants. The 42nd executive staff refuses to accept the decision on administrative liability, from the date of receipt of the decision in the 30th to make a decision of administrative authority for review. For review of the decision, from the date of receipt of the review decision within the 15th, to make a decision on the administrative organs of the people's Government at the civil service department or a complaint with the administrative organs at a higher level; or without a review, from the date of receipt of the decision of 30th in the direct appeal.
    Administrative sanction decision, in accordance with the People's Republic of China Law on administrative supervision regulations.
    Article 43rd executive authorities after receiving the application for review, shall make review decisions within the 30th, and notified in writing to review applicants.
    Receive complaints authority shall reply within 60 days from the date of acceptance.
    44th on the administrative liability of people made a decision, in accordance with the personnel management permission shall be submitted to the supervisory organs, personnel and legal department at the same level.
                                                                                                          Sixth chapter supplementary articles article 45th these measures as of June 1, 2007.