Implementation Measures For The Administrative Law Enforcement Responsibility, Kunming City

Original Language Title: 昆明市行政执法责任制实施办法

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(September 27, 2006 Kunming city people's Government, the 23rd Executive meeting on October 15, 2006, 65th Kunming city people's Government promulgated as of October 15, 2006) Chapter I General provisions article specification and supervision of administrative enforcement actions, promoting administration according to law, protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the implementation outline for the holistic promotion of administration by law of the State Council (guofa [2004]10), notice of the
    Some opinions on implementation of responsibility system of administrative enforcement (State [, 2005]37), the administrative law enforcement accountability measures in Yunnan province (Yun Zheng ban FA [2006]88) law enforcement responsibility, Kunming and the provisions of the Ordinance and other laws and regulations, combined with the city's actual, these measures are formulated.
    Second administrative law enforcement responsibility in these measures refers to administrative bodies, authorized by laws and regulations of the Organization, comprehensive administrative administrative enforcement action from law enforcement bodies and administrative law enforcement personnel shall be subject to supervision, evaluation, accountability system.
    Administrative enforcement actions referred to in the preceding paragraph includes specific administrative acts and administrative acts.
    The third article of the municipal administrative organs, authorized by laws and regulations of the Organization, the comprehensive administrative law enforcement agencies (hereinafter referred to as administrative law enforcement organs) and law enforcement administrative law enforcement personnel shall abide by these measures.
    Statutory Commission acts of administrative law enforcement and its personnel, in accordance with the measures implemented.
    Fourth implementation of responsibility system for administrative law enforcement, shall follow the line, mistakes must be corrected and the principle of fairness, impartiality and openness.
    The fifth people's Governments above the county level shall exercise unified leadership responsibility system for administrative law enforcement in their respective administrative areas. County above Government and administrative law enforcement organ of legal institutions specific organization, and implementation this administrative and this sector administrative law enforcement accountability work, and perform following duties: (a) Guide, and supervision check, and assessment subordinate organ of administrative law enforcement accountability work; (ii) on reported and charged administrative law enforcement responsibility of situation for verification, and decided whether filed; (three) on has filed of case for survey, and trial; (four) developed administrative law enforcement responsibility held decided book; (five) supervision implementation administrative law enforcement responsibility held decided book
    (Vi) should be drafted by the supervisory, personnel appointment and removal, judicial authorities to transfer the case book, (VII) other duties stipulated by laws and regulations.
    Monitoring, personnel, finance and other departments shall, in accordance with their respective responsibilities, to do the responsibility system for administrative law enforcement related work.
    Chapter II administrative normative documents of the sixth section for law enforcement responsibilities caused by violating the law and one of the following consequences: (a) cause the reports, complaints, was revoked by higher authority, (ii) mass or collective petition triggered mass incidents, bad social impact, (iii) the consequences of administrative compensation caused and (iv) other serious harmful consequences.
    Seventh law formulation of normative documents submitted to registration or failing to submit the Registration Act.
    Eighth article implementation administrative license process in the of following behavior: (a) not in Office places publicity law should publicity of material or not public law should public of information of; (ii) on meet statutory conditions of administrative license application not be accepted of; (three) in accepted, and review, and decided process in the, not to applicants, and interest relationship people perform statutory told obligations of; (four) not law description not accepted administrative license application or not administrative license reason of; (five) law should held hearing and not held hearing of;
    (Six) law should through tender, and auction, and exam preferred, way made administrative license decided and without tender, and auction, and exam, or not according to tender, and auction results, and exam results made granted administrative license decided of; (seven) on not meet statutory conditions of applicants granted administrative license or beyond statutory terms made granted administrative license decided of; (eight) on meet statutory conditions of applicants not administrative license, or not in provides time within made administrative license decided of;
    (Nine) cannot set according to charges or not according to statutory project and standard charges of; (ten) on involved different sector of administrative license, in provides term within not handle, and delay handle, or handle finished Hou not by provides term transfer other sector of; (11) not according to provides to applicants issued related written voucher of; (12) will administrative license right illegal delegate to not has by delegate qualification of citizens, and corporate, and or other organization exercise of; (13) other violation administrative license provides of. Nineth article implementation administrative punishment process in the of following behavior: (a) cannot set punishment according to and facts according to implementation administrative punishment of; (ii) violation statutory program implementation punishment of; (three) delegate, and assigned not has statutory conditions of organization, and personnel implementation administrative punishment of; (four) unauthorized set administrative punishment or change administrative punishment type, and range of; (five) on party of same violations repeat punishment of; (six) violation "penalty paid separation" provides, unauthorized charged fine of; (seven) on party for fine, and
    Confiscated property Shi not issued statutory sector business sent of fine, and confiscated property documents of; (eight) should transfer judicial organ held criminal and not transfer of; (nine) negligence, on should be stop and punishment of violations not stop, and punishment of; (ten) not perform statutory told obligations of; (11) law should organization hearing and not organization hearing of; (12) other violation administrative punishment provides of.
    The tenth administrative expropriation and requisition in the course of the following acts: (a) without statutory basis, statutory functions and the implementation of expropriation and requisition, (ii) unauthorized expropriation and requisition project set up, or altering the scope of expropriation and requisition standards; (c) is not expropriation and requisition in accordance with legal procedures, and (iv) other violations of the provisions of the expropriation and requisition.
    11th article implementation administrative forced process in the of following behavior: (a) no statutory terms or beyond statutory permission implementation administrative forced of; (ii) cannot set facts according to implementation administrative forced of; (three) violation statutory program implementation administrative forced of; (four) unauthorized using or lost, and damaged was seized, and seized freeze of property of; (five) other violation administrative forced provides of.
    12th administrative confirmation process in the following acts: (a) the terms without legal authority or ultra vires administrative confirmation, (ii) cannot commit to implementing administrative confirmation of facts and (c) administrative confirmation of violation of legal proceedings; (d) any other violation of administrative provisions confirm.
    13th article implementation administrative check process in the of following behavior: (a) cannot set according to, and statutory terms implementation administrative check of; (ii) beyond statutory permission implementation administrative check of; (three) non-due purpose implementation administrative check of; (four) violation statutory program, and time implementation administrative check of; (five) gave up, and shuffle, and delay, and refused to perform administrative check duties of; (six) hide, and shield, and shield, and condoned violations of; (seven) other violation administrative check work provides of.
    14th article implementation other administrative law enforcement process in the of following behavior: (a) illegal fund-raising, and assessed costs, or requirements citizens, and corporate and other organization perform non-statutory obligations of; (ii) violations citizens, and corporate or other organization of legal business autonomy of; (three) requirements citizens, and corporate or other organization accept cannot set according to of paid service, or purchase no statutory according to of specified commodity of; (four) damage citizens, and corporate or other organization lawful rights and interests of of other illegal law enforcement behavior of;
    (Five) violation about provides, interception, and privately, and misappropriated implementation administrative license law charged of costs, and confiscated paragraph, and levy paragraph, interception, and privately, and using, and damaged was confiscated, and levy, and expropriation property of; (six) illegal interference subordinate law enforcement sector of law enforcement activities of; (seven) violation avoided provides of; (eight) illegal to units and personal collection, and adjustable take evidence of; (nine) not law using administrative law enforcement documents of; (ten) other beyond statutory terms of.
    15th article not law perform statutory duties of following behavior: (a) on citizens, and corporate and other organization proposed of application, and complaints, and reported, and charged should accepted and not accepted, or not should accepted and accepted of; (ii) should filed, and withdrawal case and not be filed, and withdrawal case of; (three) should perform administration duties and not timely perform or for no reason delay of; (four) should drew attention to the, and implementation administrative detention and not to drew attention to the, and implementation administrative detention of; (five) over provides time, for no reason delay case of; (Six) should on effect case main facts finds of evidence for identification, and inspection, and query, and check, and should take evidence preservation measures and for no reason not handle of; (seven) not implementation has occurred legal effectiveness of administrative decided, and judgment, and ruled of; (eight) should to punishment, and forced implementation and not punishment, and forced implementation of; (nine) should law levy of tax and not levy or not should levy of tax and be levy of; (ten) should payment, and issued of paragraph real and not payment, and issued or for no reason delay payment, and
    Issued of; (11) should compensation and not compensation of; (12) should perform protection relative people personal, and property security duties and not perform of; (13) should law issued pension, and pension insurance and minimum life guarantees gold, and not issued of; (14) on terms jurisdiction range within of administrative violations, not timely investigation or investigation not completely of; (15) refused to, and delay or not full implementation superior organ law made of administrative decided of; (16) other should as and not as of.
    16th administrative reconsideration and administrative reconsideration institutions violating the administrative reconsideration law, rules, regulations and the provincial people's Government and the relevant provisions of the Municipal Act.
    17th chapter III administrative law enforcement supervision belongs to the people's Governments above the county level administrative law enforcement organs and lower level people's Governments and a higher administrative authority to subordinate administrative departments to supervise the administrative law-enforcement activities.
    18th article administrative law enforcement supervision of range: (a) developed and released of normative file whether legal, and appropriate; (ii) administrative law enforcement organization of law enforcement subject qualification and exercise terms whether legal; (three) administrative law enforcement personnel of law enforcement qualification and law enforcement documents of using whether legal; (four) specific administrative behavior whether legal; (five) administrative law enforcement about system of implementation situation; (six) legal, and regulations provides other should for supervision of matters.
    19th article levels government legal institutions exercise following administrative law enforcement supervision terms: (a) on this level Government belongs sector and subordinate Government developed, and released of illegal or obviously not appropriate of normative file and made of specific administrative behavior, obliges deadline corrected or law be change, and revoked; (ii) on illegal established of administrative law enforcement organization or not appropriate of administrative delegate, to this level Government proposed processing views; (three) on not perform statutory duties of, urged its law perform duties;
    (Iv) formulate and promulgate a violation of normative documents and making illegal or manifestly inappropriate persons responsible for specific administrative act, obliging its host unit or the competent authority to grant the corresponding administrative sanction. 20th system of administrative law enforcement departments shall establish public and statutory enforcement responsibilities, standards, principles, scope, time limit and procedures and charges according to the rubric, such as to the public, Web sites, brochures and other forms.
    Otherwise provided by laws and regulations, from its provisions.
    21st government legal agencies shall establish a system of training of law enforcement personnel at all levels, regular law enforcement and professional training, strict law-enforcement procedures, standardizing law enforcement documents, raise the level of administrative enforcement of law enforcement personnel.
    Administrative law enforcement personnel shall be subject to induction training municipal legal assessment examination, receive provincial people's Government, unified system of administrative law enforcement certificates and delegate administrative law enforcement certificate before they can post. 22nd article implementation of the responsibility system for administrative law enforcement reporting system.
    People's Governments at all levels be higher people's Government before the December 30 of each year, report to the Government when the establishment and implementation of responsibility system of administrative enforcement; people's Government departments at all levels should be reported to the people's Governments at the corresponding level in December 30 of each year the Department when establishing and implementing the responsibility system for administrative law enforcement situations. 23rd when establishing a responsibility system for administrative law enforcement, Division of responsibilities between the Executive law enforcement levels determined according to the principle of territorial jurisdiction.
    Higher administrative law-enforcement departments of major, complex, difficult issues handled by the superior administrative departments directly.
    Administrative law-enforcement departments at the same level in accordance with the laws, rules and regulations of administrative enforcement powers overlap, cross, segregation of duties is unknown, the level shall determine according to law and legal institutions to society announcements.
    24th Department administrative enforcement of the people's Governments above the county level shall establish and implement the responsibility system of administrative enforcement evaluation, the lower level people's Governments establish and implement a responsibility system for administrative law enforcement supervision and inspection.
    Specific measures for the examination and appraisal of and standards formulated by the people's Governments above the county level separately.
    25th article implementation of responsibility system of administrative law enforcement funds, guaranteed by the financial budget at the same level.
    Fourth chapter of administrative law enforcement responsibility to hold the 26th administrative law enforcement accountability for administrative law enforcement responsibility in the form of: (a) shall be ordered to correct itself or rectification (ii) informed criticism; (c) cancel the competition that year advanced qualifications.
    And otherwise provided by national laws, rules and regulations, from its provisions.
    27th pursuit of administrative law enforcement responsibility to administrative law enforcement in the form of: (a) the commandments from conversations or ordered a written review, (ii) informed criticism; (iii) withholding certificate of administrative law enforcement and (iv) shall be ordered to leave training, (v) away from law enforcement jobs; (vi) cancel law enforcement qualification.
    Laws, rules and regulations and the State Council, the provincial government provided in normative documents, from its provisions. Violation of administrative discipline, by appointment and removal and control branches of law and discipline.
    A suspected crime, transferred to judicial organs for handling. 28th article administrative audit, and approval of specific administrative behavior errors of, on different responsibility people by following provides held responsibility: (a) hosted people without audit people, and approved people audit, and approved and unauthorized made of, held hosted people of administrative law enforcement responsibility; (ii) hosted people fraud, and engages in, led audit people, and approved people failed to right perform audit, and approved duties, held hosted people of administrative law enforcement responsibility; (three) is by audit people audit, and approved people approved, but hosted people not in accordance with audit, and approved content implementation of,
    Held hosted people of administrative law enforcement responsibility; (four) hosted people proposed errors views, audit people, and approved people should found and no found, or found Hou not to corrected, by by works size held hosted people, and audit people, and approved people of administrative law enforcement responsibility; (five) audit people not adopted or change hosted people right views, approved people should found and no found, according to audit people views approved of, by by works size held audit people, and approved people of administrative law enforcement responsibility;
    (F) the reviewers directly, not submitted for approval to make the wrong decisions, accountability audit administrative law enforcement responsibility (VII) approved by changing the undertaker, reviewer opinions, or without contractors proposed, approver, approved by directly making the wrong decision to hold approval of administrative law enforcement responsibility. 29th Executive brainstorm the specific administrative act undertaken by an error of law enforcement agencies, accountability for administrative law enforcement organs in charge of administrative law enforcement responsibility to participate in the discussions agree or do not speak of personnel, joint accountability for administrative law enforcement responsibility.
    Otherwise, exemption from accountability.
    Article 30th administrative law enforcement officers in the course of law enforcement, that superior's decision or order is definitely incorrect, should submit corrections or rescind the decision or order to the superior; superior does not change the decision or order, or require immediate implementation, superior responsibility for the consequences of the implementation of responsible administrative law enforcement personnel shall not be liable. 31st article administrative law enforcement personnel has following case one of of, should from heavy held its administrative law enforcement responsibility: (a) knows administrative law enforcement behavior errors, but not timely stop, and stop or active take measures be corrected of; (ii) a years within was held administrative law enforcement responsibility two times above of; (three) interference, and hinder, and resist legal institutions on responsibility held reported and charged situation for verification, on responsibility held case of survey, and trial of; (four) on complaints people, and whistleblower, and
    Revenge or accountability for contractor personnel to an accused person.
    Articles 32nd to law enforcement responsibilities with auxiliary or secondary role of administrative law enforcement personnel shall apply mutatis mutandis to those mainly responsible officer given a lighter or mitigated.
    33rd administrative law enforcement personnel found that the administrative law enforcement errors and take remedial measures, and effectively prevent the harmful consequences occurred, does not pursue its administrative law enforcement responsibility; to take remedial measures, cannot effectively prevent the occurrence of harmful consequences shall bear the administrative law enforcement responsibility, but may be given a lighter or mitigated to hold.
    34th article administrative law enforcement organ and law enforcement personnel has following case one of of, not bear administrative law enforcement responsibility: (a) for force majeure produced of administrative law enforcement responsibility; (ii) for due defense, and emergency hedge, reasons produced of administrative law enforcement responsibility; (three) for Administration relative people of fault caused of administrative law enforcement responsibility; (four) other law not bear administrative law enforcement responsibility of case.
    35th executive action illegal or improper, but the plot is obviously minor, causing no harm, and may not be prosecuted for administrative law enforcement responsibility.
    36th article administrative law enforcement personnel has following case one of of, followed by held administrative law enforcement personnel of administrative law enforcement responsibility: (a) plot minor, against consequences smaller of, commandments from talk or ordered written review; (ii) plot minor, against consequences larger of, informed criticism; (three) plot serious, against consequences larger of, temporarily buckle administrative law enforcement documents or ordered post training; (four) plot serious, nature bad, against consequences huge of, out law enforcement post and canceled law enforcement qualification. 37th article administrative law enforcement organ has following case one of of, ordered responsibility organ deadline rectification; plot serious of, give informed criticism or canceled appraisals advanced qualification and held the organ head of administrative law enforcement responsibility: (a) a years administrative law enforcement personnel in the 5% was superior organ held responsibility of; (ii) a years in administrative reconsideration and administrative litigation in the, 60% of case was confirmed illegal or revoked of; (three) administrative law enforcement comments assessment not qualified of; (four) implementation administrative law enforcement accountability negative meet, and
    To deception.
    The fifth chapter administrative law enforcement responsibilities of those subjects and program the 38th municipal people's Government is responsible for their respective administrative departments and the lower level people's Government held the administrative law enforcement responsibility; in each County (City) district people's Government is responsible for the respective administrative departments and the lower level people's Government held the administrative law enforcement responsibility.
    Department administrative enforcement of the municipal people's Government is responsible for the law enforcement agencies in this sector and its administrative law enforcement responsibility to prosecute law enforcement officers; in each County (City) Department administrative enforcement of the district people's Government is responsible for the law enforcement agencies and law enforcement personnel in this sector through administrative law enforcement responsibility.
    The vertical management of administrative law-enforcement departments of administrative responsibility for law enforcement and law enforcement personnel, by the higher bodies responsible for carrying out the investigation. Dual management of administrative law-enforcement departments and law-enforcement personnel of administrative law enforcement responsibility, by its competent authorities responsible for prosecution.
    Before accountability decisions are taken by the competent authority shall consult the Coordinator organ of opinion.
    39th organization authorized by laws and regulations and their enforcement of administrative law enforcement responsibility, by the higher bodies responsible for carrying out the investigation.
    Commissioned by the administrative organs in accordance with the Organization and its administrative enforcement of law enforcement officials after the liability assumed by the principal organs, delegate authority and in accordance with these measures investigated.
    40th higher administrative authority to affect larger cases of administrative law enforcement responsibility, can be investigated. 41st citizens, legal persons or other organizations signed complaints, reports, complaints, liability legal organization shall, within 15 working days from the date of receipt of materials make their case decisions.
    Shall not be filed and shall inform in writing the reason.
    Higher administrative authorities or the national people's Congress and people's political consultative conference and other relevant supervisory authorities demanding an investigation into treatment, should initiate an investigation.
    42nd in rule of law institutions in the investigation of accountability bodies, suspected disciplinary offence or a criminal case should be transferred to the supervisory organ or the judiciary.
    Article 43rd guest rule inspector or inspectors of the legal system in this area or within the scope of the system of administrative law enforcement activities inspections and spot checks found illegal and improper acts of administrative enforcement and emergency, should stop and correct illegal and improper acts of administrative enforcement, supervise administrative law enforcement personnel shall be impartial law enforcement.
    44th liability legal agencies conducting investigations shall be conducted by two or more legal inspectors and show legal Inspector licence.
    Article 45th legal inspectorate have the right to citizens, legal persons or other organizations for investigation, shall cooperate with the relevant units and personnel and description and provide a survey of all the facts and basis of executive action.
    46th and legal inspectors were held accountable people interested, may affect the fair treatment should be avoided.
    Considered by accountability and legal inspectors interested, may affect the impartial handling of cases, the right to apply for withdrawal.
    47th accountability accountability for decisions and be held accountable, and the person should be heard to plead.
    48th article responsibility held organ should according to survey results, since filed of day up 30th within made following processing: (a) facts clear, and evidence does full of, according to should held responsibility behavior of nature, and plot, factors decided held administrative law enforcement responsibility of form, and made held responsibility of decided; (ii) no facts according to of, or is has facts according to, but has this approach provides of exemption case or plot significantly minor of, made not held administrative law enforcement responsibility of decided;
    (C) should be dealt with by other organs, making transfer decisions. 49th article on responsibility held organ made of decided refuses to of, can since received decided book of day up 30th within, to written form to responsibility held organ application review; on review results refuses to of, can since received review decided book of day up 15th within, to responsibility held organ of Shang level administrative organ proposed complaints; also can not by review, since received decided book of day up 30th within directly proposed complaints.
    Upper level administrative organs shall within 60 days from the date of receipt of the written complaint material review decisions taken, of the complexity of the case, may be appropriately extended, but of not more than 30th.
    During the review, appeals and accountability authorities did not stop the implementation of decisions taken. 50th accountability for decision making, and after the service, be held accountable for organs and personnel should be implemented. Refusal to implement decisions, accountability for rule of law institutions should be ordered to perform.
    Still not implemented, according to dry pipe permission to sanction the heads are held accountable.
    51st news unit of administrative law enforcement responsibility for supervision, any mistake is not corrected, refused to accept the supervision of typical cases, public exposure.
    Sixth chapter supplementary articles article 52nd in each County (City) district people's Government and the municipality belongs to the administrative law-enforcement departments in accordance with this approach, development of local areas, rules for the implementation of the responsibility system of administrative law enforcement in this sector.
    53rd of administrative law enforcement responsibility work using a variety of instruments, by the Legislative Affairs Office, people's Government according to the Legal Affairs Office of the people's Government of the province to establish structured set.
                                            54th these measures shall come into force on October 15, 2006, 31st of the Kunming municipal administrative law enforcement responsibility, Kunming, the implementation measures be repealed simultaneously.