Guangzhou Administrative Enforcement Evaluation Approach

Original Language Title: 广州市行政执法评议考核办法

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(March 19, 2007 Guangzhou Government 4th times Executive Conference considered through April 20, 2007 Guangzhou Government makes 2nd, announced since June 1, 2007 up purposes) first article for full implementation administrative law enforcement accountability, strengthening administrative law enforcement supervision, guarantees legal, and regulations, and regulations of implement implementation, promote law administrative, according to Guangdong Province administrative law enforcement accountability Ordinance and circular of the on implementation administrative law enforcement accountability of several views of provides, combined I city actual,
    These measures are formulated.
    Administrative enforcement evaluation in these measures in article, refers to the municipality belongs to the administrative law-enforcement departments, and administrative law enforcement departments to set up administrative law-enforcement agency, subordinate administrative bodies and administrative law enforcement personnel carried out by citizens, legal persons or other organizations of the rights and obligations of administrative law enforcement inspection and evaluation of a system of supervision.
    Administrative enforcement evaluation by article III shall comply with the principles of Justice, fairness and openness.
    Article fourth municipality belongs to the administrative law-enforcement departments of administrative law enforcement performance evaluation procedures apply.
    District and municipal people's Government at the county level shall be in accordance with the measures and the situation in the region, development of administrative enforcement evaluation approaches, their administrative law enforcement departments of administrative enforcement evaluation.
    Administrative law-enforcement departments should be based on the actual situation of the sector, formulation of administrative enforcement evaluation approach for its internal administrative law enforcement, under the administrative law-enforcement bodies and administrative law enforcement personnel in administrative enforcement evaluation.
    Fifth of municipal people's Government responsible for administrative law enforcement department, authorized by laws and regulations of the Organization (hereinafter referred to as administrative law enforcement departments) of administrative enforcement evaluation work, and is responsible for the lower level people's Governments of administrative enforcement evaluation the work of supervision and guidance.
    The vertical management of administrative law-enforcement agencies, in accordance with the regulation on the implementation of the responsibility system of administrative enforcement provisions of the number of observations, evaluation by its superior departments, municipal departments should promptly to their superiors cases.
    The dual management of administrative law-enforcement departments, in accordance with the regulation on the implementation of the responsibility system of administrative enforcement provisions of the number of observations, in accordance with the management duties by its superior departments and evaluation by the municipal people's Government.
    Municipality belongs to the administrative law enforcement departments are responsible for the internal administration of law enforcement agencies, subordinate administrative bodies and administrative law enforcement personnel of administrative enforcement evaluation work.
    Sixth municipal people's Government was established by the Office of the municipal government, personnel, supervision, departments such as the legal system, the preparation of administrative enforcement evaluation agencies, under the leadership of the municipal government, in charge of organizing the implementation of administrative enforcement evaluation work.
    Members of administrative enforcement evaluation bodies, when administrative enforcement evaluation by the sector to which it belongs should be made to avoid. Seventh article administrative law enforcement comments assessment of main content including: (a) administrative law enforcement of subject qualification whether meet provides; (ii) administrative law enforcement behavior whether meet law enforcement permission; (three) applies law enforcement according to whether specification; (four) administrative law enforcement program whether legal; (five) administrative law enforcement decided of content whether legal, and appropriate; (six) administrative law enforcement decided of administrative reconsideration and administrative litigation situation; (seven) administrative law enforcement files of quality situation; (eight) administrative law enforcement sector perform statutory duties of situation; (nine
    ) The establishment of responsibility system of administrative law enforcement and related system implementation; (j) normative documents, file review and clean up (11) the implementation of the annual legislative programme (12) other administrative enforcement evaluation content.
    Article eighth administrative enforcement evaluation should check and combined with annual evaluation, combining administrative law enforcement department internal reviews and external reviews, administrative enforcement evaluation and administrative law enforcement objective assessment, the combination of job responsibility. Administrative law enforcement comments assessment can take following way for: (a) heard administrative law enforcement work situation reported; (ii) check about file, and information and the law enforcement files; (three) on administrative law enforcement personnel for legal quality test; (four) check administrative law enforcement behavior was complaints of situation; (five) site check administrative law enforcement situation; (six) organization law enforcement project survey; (seven) heard administration relative people of views; (eight) heard NPC representative, and CPPCC members, and experts scholars and social from all walks of life of views; (nine) city
    Other forms of evaluation approved by the people's Government.
    Nineth administrative enforcement evaluation by an annual appraisal system.
    Legal institutions should be worked out in the second quarter of each year under this year's administrative enforcement evaluation programme, identifying when administrative enforcement evaluation by specific objects, items, methods and scoring criteria, and report to the municipal people's Government.
    Approved by the municipal people's Government of administrative enforcement evaluation by programme, implemented by administrative enforcement evaluation by specific organizations.
    Article tenth evaluation of administrative enforcement evaluation results as a municipal-owned administrative departments and related responsible personnel and administrative law enforcement officials an important basis for annual work.
    11th administrative enforcement evaluation the implementation of centesimal system, according to the scores classified as excellent, good, qualified and unqualified four levels.
    In the work of administrative enforcement evaluation, was named outstanding administrative law-enforcement authorities and law enforcement officials in accordance with the relevant provisions give awards.
    In the work of administrative enforcement evaluation, was rated unqualified administrative law-enforcement departments, be criticized by the people's Governments at the corresponding level, canceling the heads of departments and their main responsible or in charge of selecting the best qualified for this year; unqualified sector for two consecutive years, according to prescribed procedures for administrative Chief and in charge of the head give commands. 12th appraisal agency evaluation should be the result written notice, examination of administrative law enforcement departments. Administrative law enforcement Department disagrees with the evaluation results can be receipt of the results of administrative enforcement evaluation by municipality, within 5 working days from the date of notification to submit written observations.
    Municipal administrative law enforcement departments of people's Governments shall, upon receipt of written comments within 15 working days from the date of investigation and verification and administrative enforcement evaluation standards this year to maintain, change, or revocation of a final decision.
    13th article in administrative law enforcement comments assessment work in the, found administrative law enforcement sector and administrative law enforcement personnel in administrative law enforcement process in the has not perform or not right perform statutory duties of, by about sector according to Guangzhou administrative law enforcement responsibility held approach and the civil servants management, related legal regulations of provides held responsibility; violation administrative monitored about provides of, law give administrative sanctions; constitute crime of, transferred judicial organ law held criminal.
    14th administrative enforcement evaluation results by the municipal people's Government announced to the public in the 30th after the appraisal is completed.
    15th district, municipal people's Government at the county level in the first quarter of each year will be the last year the administration of administrative enforcement evaluation results in a written report, legal filings submitted to the municipal people's Government.
    Municipality belongs to the administrative law enforcement departments should be made before March 31 of each year annual administrative enforcement evaluation results on a written report, legal filings submitted to the municipal people's Government.
                                                                16th the measures come into effect June 1, 2007.

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