Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Summit No. 63 of 17 April 2007 of the People's Government of the Great Britain and Northern Ireland to consider the adoption of the Decree No. 24 of 25 April 2007 of the People's Government Order No. 24 of 25 April 2007 for the Greater Self-Government Zone, which came into force on 1 June 2007)

Chapter I General
Article I, in order to promote the administrative effectiveness of the law, ensures that the executive branch and its staff are properly, impartially and effectively implementing the administration, and develop this approach in line with the National People's Administrative Monitoring Act, the Civil Service Act of the People's Republic of China and other relevant laws, regulations and regulations.
Article II applies to organizations that are mandated by national executive bodies and laws, regulations and regulations at all levels of the self-government zone to manage the functions of public affairs and to organizations entrusted by the executive organs under the law (hereinafter referred to as executive organs) and their staff.
The staff members referred to in the previous paragraph are included in the form of a staff member and a staff member.
Article 3. The executive organs and their staff are not in accordance with the law or do not perform their duties appropriately, which affect administrative order and administrative efficiency, the administration of the munition, or the detriment of the relative legitimate rights and interests of the administration.
Article IV. The executive branch does not carry out or does not carry out its duties in accordance with the law, and the heads of executive organs and sub-heads assume administrative erronety.
Article 5. The executive organs shall establish administrative systems such as job responsibilities, the first query, a notification, a time limit and accountability system.
Article 6 is responsible for administrative error and should insist on the principle of accountability and complacency, education and punishment.
Chapter II Accountability
Article 7.
(i) Inadvertent decisions and resolutions;
(ii) The inefficiencies of the organs and their impact on the work of the whole office;
(iii) In violation of administrative decision-making processes, wrong decision-making in rural and urban planning, major project construction, State-owned asset investment, funds use, State-owned enterprise conversion, resulting in significant economic losses;
(iv) Execution of administrative measures in conflict with the law, leading to inter-ethnic incidents;
(v) Unless normative documents are formulated in accordance with the law to undermine the legitimate rights and interests of citizens, legal persons and other organizations;
(vi) The task of the People's Congress and its Standing Committees to resolve or rectify matters that are not resolved or corrected;
(vii) To reject the enforcement of decisions of the legal effect, decisions, arbitral awards and statutory oversight bodies;
(viii) The occurrence of natural disasters, accidents, public health incidents, social security incidents, concealment of reports, false reports, recuperation, omissions or prevention, rescue, and saving;
(ix) Organizing large mass activities that do not take effective preventive measures to cause accidents of responsibility;
(x) The words of the heads of executive organs have undermined the Government's image and have a negative impact;
(xi) The administrative system, such as the establishment of a job accountability system, the first query, a notification, a time limit and accountability system, or the implementation of a system of administration;
(xii) The grave consequences of violations of the provisions, dismissals, awards of civil servants or failures of persons;
(xiii) Other circumstances that are not carried out by law or are not duly performed.
Article 8
(i) It should be avoided by law;
(ii) In accordance with the law, hearings should be heard without the organization of hearings;
(iii) Non-compliance with the obligation to communicate under the law;
(iv) Execution of public service activities does not produce effective documentation;
(v) Other violations of statutory procedures.
Article 9. In the course of administrative approval, the executive branch and its staff have one of the following cases and should be responsible for correcting and charging administrative error:
(i) Failure to provide for the implementation of the harmonization of admissibility, joint acceptance and centralization of administrative approval;
(ii) Inadequate interests or wilful harassment, prequalification, delay and influence administrative approval;
(iii) No information on the admission of a return or the declaration of the applicant, as provided for;
(iv) Execution of administrative approval in accordance with the statutory procedures;
(v) No administrative clearance shall be carried out within the statutory period;
(vi) Designation of purchases of commodities or requests for, receive services, or designated to participate in training, academic research, technical examination, evaluation and evaluation, in accordance with statutory projects and standard charges;
(vii) Excluding, misappropriation, misappropriation or dispersal of administrative approval fees charged by law;
(viii) An administrative approval decision shall be granted under the law on the basis of tenders, auctions or examination performance preferences, without solicitation, auctions or examinations, or shall not be granted administrative approval in accordance with tenders, auctions and examinations;
(ix) The right to administrative approval by an intermediary, a subordinate unit or other organization in conflict with the law;
(x) Exemptive authorization of an intermediary or other organization to engage in administrative approval activities;
(xi) The administrative approval matters before relate to other sectors, which are not referred to by law or are interferent and delayed;
(xii) Removal, write-off and change of pre-existing administrative approval matters in violation of the provisions;
(xiii) Other violations of administrative approval provisions.
Article 10. The executive organs and their staff are one of the following cases in the administration of the administration and should be held accountable:
(i) There is no statutory or prescribed basis for implementation;
(ii) The extent, criteria, targets and deadlines for the establishment of a collection project or changes in the collection of projects in violation of provisions;
(iii) No levied by statute and time frame;
(iv) In violation of the relevant financial management provisions, interception, misappropriation, seating or private subscription;
(v) Non-use of specialized instruments issued by the statutory sector;
(vi) Other violations of the provisions.
The above section refers to administrative expenses, including taxes, Government revenue.
Article 11. The executive organs and their staff are one of the following cases in the implementation of administrative oversight inspections and should be held accountable:
(i) There is no statutory or regulatory basis for carrying out inspections;
(ii) There are no specific grounds, matters, content and inspection;
(iii) To renounce, inferate, delay and refuse to perform inspection duties;
(iv) The finding that the offence is not punishable by law;
(v) Violations of the legitimate rights and interests of the person examined;
(vi) Other violations of administrative supervision inspection provisions.
Article 12 In the course of administrative sanctions, one of the following cases should be held accountable:
(i) No subject of administrative penalties;
(ii) There is no factual and legal basis;
(iii) Removal of the types of punishment and the range;
(iv) Violations of statutory procedures;
(v) The treatment of offences against property;
(vi) Be suspected of committing crimes and not being transferred to the judiciary;
(vii) Punishment of the offence or incest punishment;
(viii) Other cases of administrative sanctions in violation of the law.
In violation of the former provision, the staff of the executive branch should assume responsibility for administrative error.
Article 13 Administrative organs and their staff should be held accountable for administrative error:
(i) There is no factual and legal basis;
(ii) Violations of statutory procedures;
(iii) Exclusive, misappropriation, seizure and confiscation of property;
(iv) The maintenance of seized, seized and confiscated property, resulting in damage;
(v) Violations of the legitimate rights and interests of citizens, legal persons and other organizations;
(vi) Other violations of the provision of administrative enforcement.
Article 14. The executive organs and their staff shall be held accountable for administrative error when performing their administrative review duties:
(i) The application for administrative review is not governed by law;
(ii) The application for administrative review shall not be transferred by law;
(iii) Not to provide written replies, based on evidence, and other relevant materials for specific administrative acts, in accordance with the statutory deadlines;
(iv) Constraints, disstraints that prevent citizens, legal persons or other organizations from applying for administrative review by law;
(v) An administrative review of the law;
(vi) Other violations of the provisions of administrative review.
Article 15
(i) The establishment of administrative licences, administrative penalties, administrative fees and administrative sanctions in violation of the law;
(ii) Existence or violation of the prescribed procedures;
(iii) Not subject to a review of the provision of a request for a report or to a public release;
(iv) Other violations of normative documentation procedures.
Article 16, in which the executive branch and its staff deal with correspondence, has one of the following cases and should be held accountable for administrative error:
(i) Exhibition or damage to the letter of visit material;
(ii) Disclosure, charges, seizures or referrals of material to prosecution, charges, demonstrators;
(iii) Distortion of visitors, complainants;
(iv) The lack of timely disposal or disposal of matters that may have a significant impact on society, with serious adverse consequences and impacts;
(v) Other violations of the provisions of the mission.
Article 17 Administrative organs and their staff deal with internal administrative matters, with one of the following cases, should be held accountable:
(i) The absence of a provision for the processing of communications and electricity resulting in adverse consequences;
(ii) Proclamation and delays in matters falling within the purview of the responsibility;
(iii) Public correspondence involves consultation with other departments and is inconsistent without consultation or consultation, with the decision taken without mutual consent;
(iv) In violation of confidentiality and documentation management provisions, resulting in documents, archives, information disclosure, loss or loss;
(v) The adverse consequences of the failure to collate correspondence, books, formats and correspondence;
(vi) The use of administrative printing in violation of the provisions;
(vii) Other violations of the provisions of the administration of justice.
Article 18
(i) To reject the statutory responsibility to protect the rights of citizens, legal persons and other organizations, property rights, the right to education, the right to receive assistance;
(ii) To reject the payment of pension funds, social insurance payments or minimum living guarantees;
(iii) To refuse to fulfil the statutory responsibility for mediation in the handling of land, mountain forests, and the right to water;
(iv) Other cases of refusal to perform the statutory duties.
Chapter III Discriminatory division and responsibility
Article 19 Administrative fault responsibility is divided into direct responsibilities, leading responsibilities and key leadership responsibilities.
Article 20 has one of the following acts and assumes direct responsibility:
(i) Urgently conduct of administrative acts without the approval of the author;
(ii) Resistance, provocative fraud, resulting in a failure of the reviewers, the author to properly review, approve the approval, leading to administrative error;
(iii) Failure to carry out administrative acts in accordance with the terms of review and approval resulting in administrative error;
(iv) Other acts of direct responsibility by the contractor.
Article 21, the programme or the error of opinion by the licensor, the licensor, the licensor, the rator, the verge of the failure to find or find a subsequent failure to rectify the situation, has led to a mismanagement of the administration and the responsibility of the custodian to lead and to the approval of an important lead responsibility.
In article 22, the licensor changed the right opinion of the licensor and, with the approval of the licensor, led to a miscarriage of the administration, was directly responsible for the reviewor and the approval was the primary responsibility for leadership. Approvals should be submitted for approval and the reviewers are not required to take a decision directly, leading to a miscarriage of the administration and that the reviewers have a direct responsibility.
Article 23 amends the correct opinion of the custodian, the licensor, or does not take a decision directly by the contractor or the licensor, resulting in an administrative error and the direct responsibility of the author.
Article 24, in violation of administrative decision-making procedures, has led to administrative error and direct responsibility for decision makers, which has resulted in a collective discussion, leading to administrative error, with the primary decision-making holder assuming the primary responsibility for leading the wrong decision-making and other decision makers who do not express their opinions.
The decision of the superior administrative organ to change the decision of the lower executive branch led to a misperception of the administration and the assumption of administrative responsibility by the superior administration.
Article 26 does not act as a result of administrative error, with the direct responsibility of the competent and other direct responsible personnel.
Chapter IV
Article 27 Types of administrative error:
(i) Training;
(ii) A written inspection;
(iii) Removal of prequalification;
(iv) To inform criticism;
(v) To suspend or revoke administrative law enforcement documents;
(vi) Responsibilities to lead positions or to blame;
(vii) Removal;
(viii) Administrative disposal.
The transfer of the judiciary is governed by law.
Article twenty-eighth administrative bodies have experienced administrative error, and, depending on circumstances, a written check, a briefing, the removal of the prequalification.
Article 29 of the Administration, which has suffered administrative mismanagement from the relative legitimate rights and interests of the administration, should, in conjunction with the assumption of administrative error, be given apology, elimination of impacts, restoration of honour, refund of illegally collected property and compensation by the State under the law.
Article 33 provides for persons directly responsible, with a lesser circumstance, to be taught, charged with a written examination; in the light of the gravity of the circumstances, the removal of prequalification, the suspension of administrative law enforcement documents; and, in the event of serious circumstances, to communicate criticism, the release of administrative law enforcement documents.
For those who bear the primary responsibility, they are less likely to be taught, charged with a written examination; in the light of the gravity of the circumstances, the dismissal of prequalification, the notification of criticism, the suspension of administrative law enforcement documents; and in the event of a serious suspension of administrative law enforcement documents, the debriefing of the post of Head or the duty to resign.
For those who have important leadership responsibilities, they are less likely to be taught; in the light of the gravity of the circumstances, a written examination, the dismissal of prequalification, suspension of administrative law enforcement documents; and, in the event of serious circumstances, a criticism, the release of administrative law enforcement documents, the debriefing of the post of Head or the duty to resign.
Administrative error should be resigned or administratively disposed of in accordance with the provisions of the Law on Administrative Monitoring of the People's Republic of China, the Civil Service Act of the People's Republic of China.
Article 31 states that:
(i) Interference and obstruction of administrative error investigations;
(ii) To combat, reprisals, traps, prosecution, complainants, investigators;
(iii) More than two acts of administrative error should be held within one year;
(iv) The adverse or serious consequences of administrative misconduct;
(v) Other situations that should be addressed either on a re-orientation or on an increased basis.
Article 3 states that:
(i) The circumstances of the wrongdoing are quite minor, with no adverse or negative consequences;
(ii) Effectively prevent the consequences of administrative error;
(iii) proactive corrective or recovery of losses;
(iv) To return to violations, trajectory and proceeds of violations;
(v) To cooperate actively in investigating performance;
(vi) Other cases that should be addressed with light, mitigation or exclusion.
Chapter V Institutions and procedures for accountability
Article 33 is responsible for administrative error at all levels of inspection authority.
Sectors such as audit, personnel, the rule of law, correspondence should perform their corresponding duties in accordance with the law.
The following administrative error is held accountable by the inspectorate:
(i) Administrative error;
(ii) The executive head of the executive branch has been mismanagement;
(iii) Other administrative errors to be held by the inspectorate.
Article XV Staff members of the executive branch are held accountable by the executive branch. However, in accordance with the terms of personnel management, this is not the subject of the administration of the executive branch.
Article 36
(i) Complaints, prosecution and complaints by citizens, legal persons and other organizations;
(ii) The statutory oversight body, the requirement of the superior authority or the recommendation to investigate the treatment;
(iii) The clean-up, inspection found in the organization of this body;
(iv) Other cases should be investigated.
Article 37 shall examine whether the facts are based on and whether decisions are admissible within 10 days of the date of receipt of a complaint, prosecution, complaint material. There is a clear complaint, the prosecution, the complainant and the complainant, and the decision should be communicated in writing to the accused, the prosecution and the complainant. The laws, regulations, regulations and regulations provide for their provisions.
Article 338 Complaints, Prosecutions, Complaints against the administrative organs shall not be construed or may not be brought to the administrative organs for administrative acts for charges, prosecutions, complaints, complaints, and complaints to the inspectorate.
Upon receipt of a complaint, a complaint by the inspectorate, the body may be tasked with dealing with administrative acts or directly by the inspectorate.
The cases handled directly by the inspectorate relate to personnel handling, with inspection recommendations to the competent administrative body or to the Government of the people at the present level, in accordance with the relevant provisions of the National People's Republic of China Administrative Monitoring Act.
Article 39 investigates cases of administrative error, and investigators should be heard by the investigatingr and the defence. It should be avoided by investigating persons who are in the interest of the investigators and which may affect fair treatment.
Article 40 decides that the cases before it shall be closed and processed within 60 days of the date of admissibility; the situation is complex and, with the approval of the head of the receiving body, may extend 30 days.
Article 40 deals with decisions that should be communicated in writing to the responsible administrative error; there are clear complaints, prosecution and complainants, who should be informed of the accused, the prosecution and the complainant.
Article 42, staff members of the executive branch may apply for re-exploitation to the administrative organs that have taken decisions within 30 days of receipt of the decision. In the absence of a review decision, a complaint may be made from 15 days from the date of receipt of the review decision to the same-ranking government civil service competent to deal with the decision or to the executive branch at the highest level, or from 30 days from the date of receipt of the decision. There is no decision on administrative disposition, in accordance with the relevant provisions of the National People's Republic of China Administrative Monitoring Act.
Article 43 thirteenth, upon receipt of a review application, shall take a review decision within 30 days and shall inform a re-execution applicant in writing.
The organ receiving the complaint shall reply within 60 days of the date of the admissibility.
Article 44's decision to deal with an administrative error of responsibility shall be communicated to the same inspection body, personnel and the rule of law, in accordance with the terms of personnel management.
Annex VI
Article 42