Shanxi Provincial Responsibility System Of Administrative Enforcement Provisions

Original Language Title: 山西省行政执法责任制规定

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(January 17, 2007 94th General meeting of Shanxi province on January 23, 2007, order No. 200 of Shanxi province promulgated as of March 1, 2007) Chapter I General provisions article I purpose of regulating and supervising administrative law enforcement activities, promoting the establishment of clearly specified powers and responsibilities, code of conduct and supervise the effective and adequate logistic support system of administrative law enforcement, promoting administration according to law, and building government governed by law according to the relevant provisions of the State Council, these provisions are formulated.
    Second administrative law enforcement responsibility in these rules refers to administrative law enforcement organs shall confirm the administrative law enforcement entity, define administrative law enforcement responsibilities, standardize administrative procedures administrative law enforcement standards, development of administrative enforcement evaluation activities and implementation of the integrated system of administrative law enforcement responsibility, is to clear the administrative law enforcement responsibility, decomposition, implementation, assessment and the cash system.
    Article implementation of the responsibility system of administrative enforcement shall follow the Government leadership, departments, unified plan, parent guide, promote, focused, step by step, steadily promoting the principles.
    Fourth implementation of responsibility system of administrative law enforcement should be done: enforcement of legal, law enforcement based on the clear law enforcement post configuration science and law enforcement duties and standards clear, rigorous procedures of law enforcement and law enforcement responsibilities, law enforcement code of conduct, law enforcement and increased efficiency.
    V Department administrative enforcement of the people's Governments at various levels and the laws and regulations authorize the administrative law enforcement organizations should implement the responsibility system for administrative law enforcement.
    Accept the Executive Commission law enforcement shall, under the guidance of the principal organs of the Organization in the light of administrative law enforcement responsibility, set up a corresponding system.
    Organizations deploy a sixth chapter II the people's Governments above the county level shall exercise unified leadership belongs to the administrative law enforcement departments and lower level people's Governments of responsibility for administrative enforcement of work and supervise the vertical leadership within their respective administrative areas of administrative law-enforcement departments of administrative law enforcement responsibility.
    Rule of law, development, personnel, supervision departments shall, in accordance with their respective responsibilities, is responsible for the implementation of the responsibility system for administrative law enforcement work. Article seventh vertical management and administrative law enforcement organization of the dual management led the work of lower-level administrative law enforcement responsibility system for administrative law enforcement departments.
    Higher authorities made no deployments, refer to the deployment of the people's Governments at the corresponding level implementation of responsibility system of administrative law enforcement.
    Eighth people's Governments at all levels should establish a responsibility system for administrative law enforcement and implementation of the responsibility system for administrative law enforcement as an important goal, into the scope of goal management assessment of the people's Governments at the corresponding level.
    Chapter III Nineth administrative law enforcement responsibility at all levels shall organize the Department completed analysis of the basis of administrative law enforcement in addition to issued the relevant law enforcement departments, and in an appropriate form to the public.
    Vertical management of administrative law-enforcement departments below the provincial, provincial people's Government, under the leadership of the Organization combed basis of administrative law enforcement, and published by the people's Government of the province.
    The dual management of administrative law-enforcement departments at the provincial people's Government under the leadership of the Organization combed basis of administrative law enforcement, and published by the city and County Government.
    Laws, regulations and rules when the enactment, amendment or repeal, the Chief law enforcement agency shall adjust relevant law enforcement based on 30th.
    Tenth administrative law enforcement departments shall regularly combed basis, according to the Department of law enforcement agencies and law enforcement jobs configured, decomposition of law enforcement powers, clear law enforcement responsibilities, identify law enforcement responsibilities, standardize law enforcement procedures and standards. Administrative law enforcement departments should be sorting out after confirmation of administrative law enforcement, administrative law enforcement evidence, administrative law-enforcement authority, administrative law enforcement positions, administrative law-enforcement standards, administrative enforcement process, monitoring report compiled and set an announcement bar, touch screen or check out, to the public.
    Public information Web site has been established, it should be announced to the public through the website.
    11th people's Governments at various levels should work with the administrative law-enforcement departments, administrative law-enforcement departments at all levels should be signed with the respective administrative authorities of administrative law enforcement responsibility, clear law enforcement objectives and responsibilities. 12th article administrative law enforcement sector should established sound administrative law enforcement subject qualification and administrative law enforcement personnel qualification system, and administrative law enforcement personnel legal knowledge training assessment system, and legal regulations regulations publicity training system, and administrative law enforcement check system, and administrative law enforcement program system, and administrative law enforcement publicity system, and administrative law enforcement audit system, and administrative law enforcement hearing system, and administrative law enforcement files assessment check system, and administrative law enforcement complaints reported and visit system, and administrative reconsideration sued system, and administrative law enforcement decided record system, and administrative law enforcement comments assessment system
    And administrative law enforcement responsibility system of administrative law enforcement system, administrative law enforcement statistical reporting system.
    The fourth chapter of administrative enforcement evaluation by 13th levels of people's Governments and administrative law enforcement departments should be systematically to check the implementation of the responsibility system for administrative law enforcement.
    Administrative law enforcement accountability check of content including: (a) administrative law enforcement accountability implementation programme of developed and the implementation situation; (ii) law defined law enforcement duties of situation; (three) related supporting system of established sound situation; (four) law enforcement comments assessment situation; (five) administrative law enforcement responsibility of implementation situation; (six) social public on administrative law enforcement sector and administrative law enforcement personnel of evaluation situation; (seven) other should check of content. 14th article administrative law enforcement accountability check of way including: (a) site check, and access checks or review about file, and information and administrative law enforcement archives, and files; (ii) held concerned personnel participate in of symposium or to social from all walks of life for questionnaire survey; (three) on about is responsible for personnel and administrative law enforcement personnel for legal quality test; (four) organization law enforcement check, and topic survey or for case supervision; (five) review or heard administrative law enforcement accountability implementation situation of reported,
    Verify the situation and together with master (vi) inspection offices identified in other ways. 15th administrative enforcement evaluation should follow open, fair and impartial principle.
    People's Governments and their law enforcement departments at all levels should establish and improve the mechanism of administrative enforcement evaluation, specification evaluation by behavior.
    16th at various levels shall be responsible for the evaluation of the Department of administrative law enforcement work, and administrative enforcement evaluation by lower level people's Governments to supervise and guide the work.
    The vertical management of administrative law-enforcement departments, for appraisal by the higher authorities, and to fully hear the views of the people's Governments at the corresponding level.
    The dual management of administrative law-enforcement departments, in accordance with management responsibilities and Division of labor by higher authorities and the people's Governments at the corresponding level of evaluation.
    Administrative law-enforcement departments to their law enforcement agencies and administrative appraisal administrative enforcement of law enforcement personnel. 17th administrative enforcement evaluation should develop evaluation scheme and clear evaluation of specific criteria.
    Administrative enforcement evaluation standards, processes and results in the proper form within a certain range.
    18th article administrative law enforcement comments assessment of main content is: (a) administrative law enforcement subject of qualification whether meet provides; (ii) applies law enforcement according to whether accurate; (three) administrative law enforcement behavior whether meet law enforcement permission; (four) administrative law enforcement program whether legal; (five) administrative law enforcement decided of content whether legal, and appropriate; (six) administrative law enforcement files of quality; (seven) administrative law enforcement decided of administrative reconsideration and administrative litigation results; (eight) other should assessment of content.
    Article 19th administrative enforcement evaluation by implementing sector appraisal combined with mutual discussion of self assessment, peer assessment, daily evaluation combined with the annual appraisal. 20th of administrative enforcement evaluation content and the standards are divided into General and standard and proprietary content and standards.
    Common content and standards determined by the provincial people's Government and to organize its implementation; private content and standards of administrative law enforcement departments and reported to the provincial-level people's Governments audited organizations after implementation; the vertical management and double administrative enforcement evaluation by the management of content and standards, report to higher authorities after validation organization.
    Article 21st administrative enforcement evaluation in principle the introduction of mark, whose assessment results into excellent, competent, qualified and unqualified four grades.
    Administrative enforcement evaluation concluding observations should be based on proper form within a certain range.
    22nd administrative enforcement evaluation and assessment administration according to law, the civil service annual review, administrative law enforcement performance evaluation, creating civilized unit activities, avoid duplication of evaluation.
    23rd article assessment Department in the target evaluation, job responsibility, civil service examination examination results of administrative enforcement evaluation process should be used directly, not repeat examination.
    Fifth chapter executive law enforcement responsibilities article 24th administrative law enforcement departments of administrative law enforcement in the process of illegal or improper, and people's Government or the consequences caused by their superior authority may, based on the severity of situation of deteriorated concrete or rectification, informed criticism, cancel competitions and advanced qualifications.
    25th article has following case one of of, Government or its superior competent sector can ordered deadline rectification; plot serious of, can give informed criticism or canceled appraisals advanced qualification of processing: (a) in administrative reconsideration and administrative litigation in the, for administrative organ of reasons led to was finds illegal or change, and revoked proportion high of; (ii) in external comments in the masses satisfaction degree lower of; (three) on implementation administrative law enforcement accountability negative meet, and fraud of;
    (D) does not provide for the establishment and implementation of the system of administrative law enforcement responsibility or (v) the examination do not match, do not accept or deception; (vi) shall give notice of criticism or to cancel the competition advanced qualifications. 26th the administrative law-enforcement officers in illegal or improper administrative enforcement process, administrative law-enforcement departments to which it belongs according to the annual assessment of the situation, or according to the form of fault, damage and the seriousness of the case, give criticism and education, post training, out of law enforcement jobs, cancel qualification process.

    27th administrative liability for breach of administrative discipline by the supervisory organ or personnel management authority for the appointment authorities to sanction; suspected of constituting a crime, transferred to judicial organs for handling.
    28th levels of people's Governments and the administrative law-enforcement departments should gradually establish and perfect the system of administrative law enforcement award, forming incentives, recognition of outstanding administrative law-enforcement departments of administrative law enforcement performance and administrative law enforcement personnel, improve the quality and level of administrative law enforcement.
                                      Sixth chapter supplementary articles article 29th these provisions come into force on March 1, 2007.

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