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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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(Adopted by the 23rd Standing Committee of the Government of the Turkmen Republic of 27 September 2006 No. 65 of 15 October 2006 of the Order No. 65 of the Government of the Turkmen Republic of 15 October 2006)

Chapter I General
Article 1 promotes the legal administration and protects the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the provisions of the State Department's Framework for the Comprehensive Implementation of the Law of Administration (No. [2004]10), the Executive Office of the State of the State of the Department of State on the promotion of administrative law enforcement responsibilities (Assembly No. [2005]37), the application of administrative law enforcement responsibilities in the Province of Yun Yunnan (room RA [2006]88) and the Law on the Law Enforcement Accountability of the city of Know Minh, in conjunction with the current municipal approach.
Article 2 refers to the administrative law enforcement accountability system, which is mandated by the executive, legal and legislative organs, integrated administrative law enforcement agencies and their administrative law enforcement personnel, which are governed by law by the supervision, evaluation and accountability system.
Administrative law enforcement acts referred to in the previous paragraph include specific administrative acts and abstract administrative acts.
Article 3 Law enforcement at all levels of the city, organizations authorized by the law and regulations, integrated administrative law enforcement agencies (hereinafter referred to as administrative law enforcement agencies) and their administrative law enforcement officials should be respected.
Administrative law enforcement by the statutory commissioning organization and its personnel is carried out in the light of this approach.
Article IV implements administrative law enforcement responsibilities and should be guided by the principles of integrity, impartiality, impartiality and openness.
Article 5
Specific organizations of the rule of law institutions at the level of the people's government and administrative law enforcement agencies, the implementation of this administrative region and the administration of justice in this sector, and the following functions:
(i) Guidance, supervision and supervision of administrative law enforcement responsibilities for the conduct of inspections, lower-level bodies;
(ii) To verify the reporting and allegations of administrative law enforcement responsibilities and to decide whether to proceed;
(iii) Investigation, trial of cases already in place;
(iv) The development of administrative law enforcement accountability complaints;
(v) To monitor accountability for the implementation of administrative law enforcement;
(vi) Develop a letter of transfer of cases to be handled by the monitoring, personnel-based removal bodies and the judiciary;
(vii) Other responsibilities under laws, regulations.
Sectors such as inspection, personnel and finance should be guided by their respective responsibilities by the administration of justice.
Chapter II
Article 6.
(i) Public reports, complaints and dismissal by superior authorities;
(ii) The social impact of mass collective visits or sparking group sexual events;
(iii) The consequences of administrative compensation;
(iv) Other serious consequences.
Article 7 establishes normative documents that are not submitted by law to the registration request or that registration requests be submitted on time.
Article 8.
(i) No material that should be disclosed by law in the office premises or should be made public by law;
(ii) Inadmissibility of application for administrative licences consistent with statutory conditions;
(iii) In the process of admissibility, review and decision-making, the applicant and the stakeholder have not fulfilled their statutory notification obligations;
(iv) No administrative licence application or grounds for administrative licence are provided by law;
(v) The holding of hearings by law without hearing;
(vi) In accordance with the law, administrative licence decisions, such as tendering, auctions, examination awards, or the granting of administrative licence decisions in accordance with tenders, auctions, examination performances;
(vii) To grant administrative licences to applicants who do not meet the statutory conditions or to go beyond the statutory authority;
(viii) No administrative licence shall be granted to the applicant in accordance with the statutory conditions or to the decision of the administrative licence within the specified time frame;
(ix) It is not possible to determine the basis for fees or to not be charged under statutory projects and standards;
(x) Execution of administrative licences involving different sectors within the prescribed time period, delays, or referrals of other sectors after the expiry of the prescribed period;
(xi) No relevant written voucher to the applicant in accordance with the provisions;
(xii) The right to administrative licences is criminally entrusted to citizens, legal persons, or other organizations that do not have the delegated qualifications;
(xiii) Other violations of administrative licence provisions.
Article 9.
(i) Failure to impose penalties on the basis of the fact that administrative sanctions are imposed;
(ii) Execution of penalties in violation of the statutory procedures;
(iii) To entrust, assign organizations that do not have legal conditions and implement administrative sanctions by personnel;
(iv) Excellence in setting administrative penalties or changing the types of administrative sanctions;
(v) Repetition of penalties for the same offence committed by the parties;
(vi) In violation of the provisions of the “Criminal separation”, the imposition of a fine was charged with him;
(vii) The imposition of a fine on the parties, the confiscation of property without a fine issued by the statutory sector, and the confiscation of property documents;
(viii) The transfer of criminal responsibility by the judiciary and not the transfer;
(ix) Believing and punishing offences that should be stopped and punished;
(x) Failure to fulfil the statutory notification obligation;
(xi) The law should organize hearings without organizing hearings;
(xii) Other violations of administrative penalties.
Article 10
(i) It is not possible to determine the basis for the imposition and application of the legal mandate;
(ii) Expropriation, expropriation projects or unauthorized changes in the standards of collection and use;
(iii) No collection and application in accordance with the statutory procedures;
(iv) Other violations of the provisions of the collection, application.
Article 11.
(i) It is not possible to determine its mandate or to go beyond the application of administrative coercion;
(ii) The fact cannot be determined on the basis of administrative enforcement;
(iii) Execution of administrative coercion in violation of the statutory procedures;
(iv) The unauthorized use or loss, destruction and seizure of frozen property;
(v) Other violations of administrative coercive provisions.
Article 12
(i) It is not possible to determine its mandate or to go beyond the application of administrative recognition;
(ii) The fact cannot be determined on the basis of administrative recognition;
(iii) Implementation of administrative recognition in violation of statutory procedures;
(iv) Other violations of administrative recognition provisions.
Article 13:
(i) It is not possible to impose administrative inspections on the basis of the legislative authority;
(ii) Excluding the application of administrative inspections by the statutory authority;
(iii) Execution of administrative inspections for unjustifiable purposes;
(iv) Implementation of administrative inspections in violation of statutory procedures and time limits;
(v) Denouncing, ferventing, delaying and refusing to perform administrative inspection duties;
(vi) To conceal, cover, favour and condon the offence;
(vii) Other violations of administrative inspection provisions.
Article 14.
(i) Violations of pooled funds, assessed expenses or requirements for citizens, legal persons and other organizations to fulfil their unlawful obligations;
(ii) Violations of the legitimate ownership of civil, legal or other organizations;
(iii) To require citizens, legal persons or other organizations to accept unreasonable service or to purchase designated commodities that cannot be determined;
(iv) Other violations of the legitimate rights and interests of citizens, legal persons or other organizations;
(v) In violation of the relevant provisions, interception, private separation, misappropriation of administrative licences charged under the law, impunity, collection, interception, separation, use, destruction of confiscated, collected and confiscated property;
(vi) Violations of interference in law enforcement activities in the lower-level law enforcement sector;
(vii) In violation of the provisions of avoidance;
(viii) The collection and application of evidence by law to the relevant units and individuals;
(ix) The use of administrative law enforcement documents by law;
(x) Other than statutory functions.
Article 15.
(i) Applications, complaints, reports, complaints, complaints, claims, charges should be admissible or should not be admissible;
(ii) The case should be filed, the case was not contested and the case was removed;
(iii) It should perform administrative functions without being performed in a timely manner or without undue delay;
(iv) It should be brought, enforced in administrative detention without drawing attention and implementing administrative detention;
(v) Extensive delays in the delivery of cases beyond the specified time frame;
(vi) The identification, survey, search, reconciliation and the need for evidence-based preservation measures should be carried out;
(vii) Execution of administrative decisions, judgements and decisions that have legal effect;
(viii) The penalties, enforcement and enforcement;
(ix) Tax fees that should be charged by law shall not be charged or should not be charged;
(x) The payment, distribution or non-reference of payments shall be made to the payment, distribution or release of the goods;
(xi) No compensation should be paid;
(xii) The protection of the relative person's rights, the security of property rights, should be carried out;
(xiii) Pensions, old-age insurance and minimum living guarantees should be granted by law;
(xiv) Administrative offences under its jurisdiction are not promptly investigated or investigated;
(xv) Denial, delay or non-implementation of the administrative decisions taken by the superior organs under the law;
(xvi) Other matters should be not considered.
Article 16 violates the relevant provisions of administrative review laws, regulations, regulations and regulations of the executive review body and the Government of the Republic and the Government of the city.
Chapter III Administrative law enforcement oversight
Article 17 Governments of the executive law enforcement agencies and the lower-level people's governments, the executive authorities at the lower level oversee the administrative enforcement activities of the executive authorities.
Article 18 Scope of administrative enforcement oversight:
(i) The legitimacy and appropriateness of the development and issuance of normative documents;
(ii) The legal qualifications of the law enforcement organs of the executive enforcement organization and the exercise of their functions;
(iii) The legality of the law enforcement qualifications of administrative law enforcement officials and the use of their law enforcement documents;
(iv) The legality of specific administrative acts;
(v) Implementation of the relevant administrative law enforcement regime;
(vi) Laws, regulations stipulate other oversight matters.
Article 19
(i) Develop, distribute and make specific administrative actions for the departments and sub-national governments of the people of this rank, commit to correcting deadlines or modifying them by law;
(ii) To submit comments to the current Government on administrative law enforcement organizations established in conflict with the law or inappropriate administration;
(iii) Adherence to its statutory duties by law;
(iv) Individuals responsible for the development and publication of normative documents in conflict with the law and for specific administrative acts that are incompatible with the law or are clearly inappropriate, are tasked with the appropriate administrative disposition of their offices or relevant organs.
Article 20 should establish a law enforcement system that would make it public to society in the form of specialized columns, websites, brochures, etc., statutory law enforcement, responsibilities, standards, principles, time frames, procedures and fees. The law, legislation and regulations provide otherwise, from their provisions.
Article 21 Government rule of law institutions at all levels should establish training systems for law enforcement officials, conduct regular integrated law enforcement and professional law training, strictly enforcement procedures, regulate law enforcement instruments and increase the level of law enforcement by administrative law enforcement officials.
Administrative law enforcement officials should receive induction training, and the authorities of the commune are eligible for a review, and receive administrative law enforcement certificates issued by the Government of the Provincial People's Government and commissioning administrative law enforcement evidence.
Article 2 establishes an administrative enforcement responsibility reporting system. The Government of the people at all levels shall report to the Government of the people at the grass-roots level on the establishment and implementation of administrative law enforcement responsibilities over the year by 30 December each year; the work of the people at all levels shall report to the Government on the establishment and implementation of administrative law enforcement responsibilities in this sector by 30 December each year.
In establishing administrative law enforcement responsibilities, the division of responsibilities between executive law enforcement authorities is governed by the principle of territorial jurisdiction. The superior administrative law enforcement services consider important, complex and difficult matters directly addressed by the superior administrative law enforcement.
There are overlapping and cross-cutting responsibilities between the same level of administrative law enforcement, in accordance with the laws, regulations, regulations and regulations, which are determined by law by the State's rule of law and public health.
Article 24 Governments of more people at the district level should conduct a review of the establishment and implementation of administrative law enforcement responsibilities in the respective administrative law enforcement authorities, and monitor the establishment and implementation of administrative law enforcement responsibilities by the lower-level people's Government.
Specific appraisals and standards are developed by the Government of more than the people at the district level.
Article 25 provides for the implementation of administrative law enforcement responsibilities, which is guaranteed by the same-level finance in the budget.
Chapter IV Accountability for administrative law enforcement
Article 26
(i) Responsibilities to correct themselves or to change their deadlines;
(ii) To inform criticism;
(iii) Removal of higher-level qualifications in the year.
The laws, regulations, regulations and other provisions of the State are from their provisions.
The form of accountability for administrative law enforcement by administrative law enforcement officials is included in article 27:
(i) Refer to a statement or a warrant for a written review;
(ii) To inform criticism;
(iii) Removal of administrative law enforcement documents;
(iv) Removal training;
(v) Removal of law enforcement positions;
(vi) Removal of law enforcement qualifications.
The laws, regulations, regulations and other provisions of the State Department, the provincial Government's normative documents are provided by them.
In violation of political discipline, the Ombudsman is treated in accordance with the law. Those suspected of committing crimes were transferred to the judiciary.
Article 28 erroneous administrative conduct for administrative review, approval and accountability for the different responsible persons as set out below:
(i) The custodian's administrative law enforcement responsibility is held without clearance, approval and approval;
(ii) The failure of the custodians to properly perform the clearance, approval and accountability for the administrative enforcement of the custodian;
(iii) In spite of the review and approval by the licensor, the custodian is not responsible for the administrative enforcement of the custodian in accordance with the review, approval;
(iv) The custodian submits a misconception that the licensor, the rator, the rator, the rator, the rator and the author's administrative law enforcement responsibility should not be found, or if it was discovered that corrective action had not been taken;
(v) The reviewor does not adopt or change the right opinion of the custodian, and the author should find that, in accordance with the opinion of the reviewor, the executive enforcement responsibility of the registrar and the rator shall be held in the light of the size of the exercise;
(vi) The auditor's administrative law enforcement responsibility for the custodian is not reported to be directly wrongly decided;
(vii) Authorized changes in the good opinion of the custodian, the licensor, or the failure of the custodian, the licensor to decide directly wrongly and to hold the executive enforcement responsibility of the author.
Article 29, in which administrative law enforcement agencies collectively discuss the error of specific administrative conduct, hold executive law enforcement responsibilities accountable to the principal executive heads of the executive law enforcement agencies; and hold opinions or dissidents for those involved in the discussions and hold administrative enforcement accountable. On the contrary, accountability was exempted.
In the course of law enforcement, administrative law enforcement officials were of the view that the decision at the superior level or the order was wrong, and that the executive officer should not be responsible for the change of the decision or order at the superior level.
Article 31 provides one of the following cases in which administrative law enforcement officials should be held accountable:
(i) To know the error of administrative law enforcement, but not to put an end to, stop or actively take measures to rectify them;
(ii) Over two years of accountability for administrative law enforcement;
(iii) Interference, obstruction, opposition to the rule of law institutions to verify accountability reporting and allegations, and to investigate and prosecute cases of responsibility;
(iv) To counter reprisals against complainants, reporters, accused or responsible for prosecution.
Article 32 provides administrative law enforcement officers with a supporting or secondary role in the creation of law enforcement responsibilities, and should be prosecuted with light or lessening of the principal responsible person.
Article 33, administrative law enforcement officials found that their administrative law enforcement was wrong, that remedies were actively taken and that they were effectively prevented from being held accountable for their administrative enforcement responsibilities; that remedies were not in place to effectively prevent the consequences of the harm; and that administrative law enforcement responsibilities should be assumed, but could be prosecuted with light or mitigation.
Article 34, executive law enforcement agencies and their law enforcement officials have one of the following cases and do not assume administrative law enforcement responsibility:
(i) Administrative law enforcement responsibilities arising from force majeure;
(ii) Administrative law enforcement responsibilities arising from legitimate defence, emergency avoidance;
(iii) Administrative law enforcement responsibilities arising from the misperception of administration;
(iv) Other cases where administrative law enforcement is not assumed by law.
Article XV of administrative law enforcement is in conflict with or inappropriate, but in exceptional circumstances, there may be no administrative law enforcement responsibility.
Article XVI includes one of the following cases in which administrative law enforcement officials are prosecuted:
(i) A minor circumstance, with less consequences, a caution against a statement or a warrant for a written review;
(ii) In the light of the circumstances, the consequences of the harm are greater and are criticized;
(iii) Serious circumstances, with greater consequences, with administrative law enforcement documents or exclusive induction training;
(iv) The grave nature of the circumstances, the consequences of the damage, the removal of law enforcement positions and the removal of law enforcement qualifications.
In one of the following cases, the executive law enforcement body has been responsible for the relapse of the time limit of the responsible authority; in serious circumstances, to inform or remove the administrative law enforcement responsibilities of the head of the organ:
(i) In one year, 5 per cent of administrative law enforcement personnel are held accountable by superior authorities;
(ii) In administrative review and administrative proceedings within one year, 60 per cent of cases have been identified as violations or cancelled;
(iii) Inadmissibility of the administrative law enforcement review;
(iv) The introduction of administrative law enforcement responsibilities to respond negatively and to leave.
Chapter V
Article 338 is the responsibility of the Government of the city to hold accountable for the administrative law enforcement responsibilities of the respective executive law enforcement authorities and the Government of the people at the lower level; the governments of the districts (the city) are responsible for the accountability of the executive law enforcement authorities and the administration of the people at the lower level.
The executive law enforcement branch of the commune government is responsible for the prosecution of administrative law enforcement responsibilities of law enforcement agencies and their law enforcement officials in this sector; the executive law enforcement authorities of the various districts (the city) are responsible for the accountability of law enforcement agencies and their law enforcement officials in this sector.
The executive law enforcement authorities and their law enforcement responsibilities for vertical management are held accountable by their superior authorities.
The administrative law enforcement authorities and their law enforcement officers are responsible for prosecution by their competent authorities. The competent organ shall seek the views of the coordinating bodies before taking a decision on accountability.
Article 39 Authorizes the organization and its law enforcement authorities to be held accountable by their superior authorities.
The executive branch, which is mandated by the law, and the administrative enforcement responsibility of its law enforcement officers, is assumed by the commissioning body and is entrusted to the organ to be held in accordance with this approach.
Article 40 superior administrative authorities can be held directly accountable for cases affecting greater administrative enforcement responsibilities.
Article 41 Complaints, reports, charges by citizens, legal persons or other organizations, and the responsible institutions of the rule of law of the organ should make decisions on the merits within 15 working days of the receipt of the relevant material. The reasons should be given in writing.
The supervisory bodies, such as the superior executive branch or the human body, request the investigation to be processed and the investigation should be conducted.
Article 42, in a case-by-case investigation, the responsible body of the rule of law should be transferred to the inspectorate or to the judiciary.
Article 43 thirteenth inspectors of the rule of law and specially invited the members of the Rule of Law to carry out inspections and on-site inspections of administrative law enforcement activities within the region or within the system, and to detect violations and inappropriate administrative law enforcement and, when circumstances so warrant, on the ground to end, correct violations and inappropriate administrative law enforcement, and to enforce justice by administrative law enforcement officials.
Article 44, which is responsible for the conduct of investigations by the organs of the rule of law, shall be carried out by more than two members of the rule of law inspectorate and present a certificate of judicial oversight of the rule of law.
Article 42 of the rule of law monitors have the right to investigate the relevant citizens, legal persons or other organizations, and the relevant units and persons should cooperate and provide the full facts and the basis for the investigation of administrative law enforcement.
Article 46 should be avoided by members of the rule of law who are in the interest of the responsible person and may affect the fair treatment of the case.
The custodian considers that the members of the rule of law are of the interest and may affect the fair handling of the case and have the right to apply for the avoidance of it.
Article 47 should be heard by the responsible organ before the decision is taken.
Article 48 shall be held by the responsible organ within 30 days of the date of the submission, in accordance with the findings:
(i) The fact that there is a clear and sufficient evidence to determine the form of accountability for administrative law enforcement, in accordance with factors such as the nature and circumstances of the act to be held accountable, and to make a decision to hold accountability;
(ii) There is no factual basis or, notwithstanding the fact that there is a de facto basis, a decision not to be held accountable for administrative law enforcement is taken with a circumstance of disobedience or circumstances specified in this approach;
(iii) Decisions to be transferred should be addressed by other bodies.
Article 49, inconsistency with decisions taken by the responsible organ, may apply for review in writing to the responsible organ within 30 days of the date of receipt of the decision; the irreconclusiveness of the review may be filed with the superior executive organ of the responsible organ within 15 days from the date of receipt of the restatement of the nuclear decision; or, without review, a direct complaint from 30 days from the date of receipt of the decision. The executive branch at the last level should take a review decision within 60 days of the receipt of written complaints, which is complex and may be extended as appropriate, but the extension shall not exceed 30 days.
During the review, the decisions taken by the responsible organ are not discontinued.
Article 50 is responsible for taking decisions and transmitting them, and the accountability organs and personnel should be implemented. In refusing to implement the decision, the responsible institutions of the rule of law should be responsible for the implementation of the deadlines. There is still no implementation and the administrative disposal of the custodian authorities is carried out in accordance with the competence of the treasury.
Article 50 provides public access to cases where administrative law enforcement responsibility is subject to judicial oversight by the public information unit, and to cases of misreception, refusal to accept oversight.
Annex VI
In accordance with this approach, the executive law enforcement authorities in the region and in this sector, which are owned by the Government of the People and the Municipalities of Article 52, may establish the rules for the enforcement of administrative law in the region.
Article 53 implements the various instruments used in the administration of justice, which are developed by the Office of the Rule of Law of the People's Government, in accordance with the format provided by the Office of the Government of the Provincial Government.
Article 54 of this approach, which came into force on 15 October 2006, was repealed at the same time by Decree No. 31 of the Order of the Government of the People of the Republic of the former Know.