Advanced Search

Administrative Law Enforcement Responsibility, Hangzhou City Provisions

Original Language Title: 杭州市行政执法责任制规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted at the 120th ordinary meeting of the Government of the State of the city of Délejan on 18 September 2006 No. 230 of the Order of the People's Government of the State of 25 September 2006 and published as of 1 December 2006)

Chapter I General
Article 1, in order to regulate and monitor administrative law enforcement activities of administrative organs, strengthen administrative law enforcement responsibilities, guarantee the full and proper implementation of laws, regulations, regulations and regulations, and develop this provision in line with the relevant provisions of the Department of State's Comprehensive Progress in the Implementation of the Law.
Article 2 states that administrative law enforcement responsibilities are the legal responsibilities of the executive law enforcement sector and their corresponding legal responsibilities and responsibilities.
This provision refers to administrative law enforcement by law at all levels of administration, administrative sanctions, administrative regulation, administrative enforcement, administrative issuance, administrative decisions, administrative recognition, administrative payments, etc.
This provision refers to the administrative law enforcement sector, which is mandated by the executive organs and laws, regulations and regulations to the exercise of administrative law enforcement functions, as well as to the organization of the cause of administrative law enforcement activities commissioned by the executive branch in accordance with the law.
This provision refers to persons who have access to administrative law enforcement at all levels of administrative law enforcement, and who have assumed administrative law enforcement tasks.
Article 3. Administrative law enforcement is to guarantee the full and proper implementation of laws, regulations, regulations, regulations and regulations, the preservation of the rule of law, the protection of the legitimate rights and interests of citizens, legal persons or other organizations, the timely redress and prosecution of violations, the realization of the law and the promotion of the building of the rule of law government.
Article IV. Administrative law enforcement should be guided by the principles of legality, reasonableness, due process, good faith and accountability.
Article 5
Article 6. The administrative law enforcement authorities have a responsibility to implement or cooperate with the law, regulations, regulations and regulations in the law enforcement sector, with a clear division of labour, and coordination among the divisions.
Article 7. The Government of the city leads the administration of justice responsibilities throughout the city, and the administration of justice in the administrative areas under the authority of the territorial Government.
The executive law enforcement authorities at all levels should be in the lead of the people's Government to work on administrative law enforcement.
Administrative law enforcement authorities at the last level are required to strengthen monitoring and guidance on administrative law enforcement responsibilities in the next level of administration.
The rule of law enforcement agencies at all levels of the people's Government and at all levels are responsible for the specific guidance, supervision, coordination and review of administrative law enforcement responsibilities in the region and in this sector.
Chapter II Implementation of administrative law enforcement responsibility
Article 8. The administrative law enforcement sector should regularly streamline the law enforcement basis, distributing the law enforcement functions, specifying duties, defining law enforcement responsibilities, regulating law enforcement procedures and law enforcement standards, in accordance with the configuration of law enforcement agencies and law enforcement positions in this sector.
When laws, regulations, regulations are enacted, modified or repealed, the administrative law enforcement authorities should adjust the relevant law enforcement basis in a timely manner within 30 working days.
Article 9. Administrative law enforcement services at all levels should be structured in accordance with the sound law enforcement, functional and decentralized circumstances, as well as law enforcement responsibilities, evaluation of the conduct of the review and accountability, and the development of administrative law enforcement accountability programmes, which are implemented by the Government of the people at the top and by the executive law enforcement authorities.
Article 10 Governments at all levels should enter into administrative law enforcement letters with the executive law enforcement authorities at this level, as well as at all levels of administration.
Article 11. Administrative law enforcement authorities and their administrative law enforcement officials are responsible for administrative law enforcement.
The executive law enforcement branch and its administrative law enforcement officials should actively fulfil their statutory obligations, exercise their functions under the statutory procedures and exercise their administrative discretion in a reasonable manner, without going beyond their mandate and abuse.
Article 12 establishes a system of qualifications and qualifications of executive law enforcement agents.
The executive organs responsible for the exercise of administrative functions, organizations authorized by the law and bodies entrusted with the administration of public affairs, as well as those entrusted under the law, shall be made public after the confirmation of the review by the competent body of the executive branch of the people's Government.
Administrative law enforcement officers must be granted administrative law enforcement documents in accordance with the provisions of the Administrative Law Enforcement Documents Management Scheme in the province of Zangangang. The provincial administrative law enforcement documents have been introduced into the annual registration system, and the National Department has issued documentation systems.
Article 13 establishes a legal knowledge training appraisal system for administrative law enforcement officials.
The administrative law enforcement authorities should undertake proactive training for law enforcement officials at all levels and introduce a rigorous examination system.
Article 14.
The administrative law enforcement sector should regularly introduce and disseminate the laws, regulations, regulations and normative documents being implemented or to be implemented by the sector to citizens, legal persons or other organizations in a variety of public ways.
Article 15 establishes a sound administrative enforcement inspection system.
The administrative law enforcement services should conduct regular or non-recurrent inspections of the system, the administration of justice in the sector, conduct specialized law enforcement inspections in accordance with the administrative law enforcement status of the system, and promptly identify and correct violations of law enforcement.
Article 16 establishes a sound legal enforcement system.
The administrative law enforcement authorities should establish the corresponding law enforcement procedures and rules in the light of the law enforcement characteristics and specific law enforcement requirements of this sector. Sectors with discretionary discretion in administrative law enforcement are required to establish a system-wide free discretion, clear terms, standards and procedures.
Article 17 establishes a sound administrative law enforcement system.
The executive law enforcement authorities should make effective forms of social disclosure to the law enforcement subjects, the scope of law enforcement, the law enforcement, the terms of reference, the standard conditions, the procedural steps, the specific time frame and accountability.
Article 18 establishes a sound administrative law enforcement review system.
The administrative law enforcement sector should establish an internal administrative law enforcement review system and work processes, in accordance with the provisions of the statutory administrative law enforcement procedures, with clear clearance of work institutions, reviewers, administrative decisions approvals and responsibilities. Major administrative law enforcement should be collectively discussed.
Article 19 establishes a system of sound administrative law enforcement hearings.
The administrative law enforcement authorities should establish a system of sound administrative law enforcement hearings, as required by law, regulations and regulations. It is essential that the evidence be heard in accordance with the provisions of the hearings process and that the statements, statements and observations of the parties be fully heard and that the administrative procedures be made public, fair and fair.
Article 20 establishes a sound administrative law enforcement case to be brought before the system.
The administrative case before the People's Court should be heard by the administrative law enforcement branch and should be heard in a positive manner, in response, and in order to carry out administrative decisions and decisions that are effective.
Article 21 establishes a sound administrative law enforcement review system.
The administrative law enforcement authorities should establish administrative law enforcement volumes and case review systems that should be filed with citizens, legal persons or other organizations with respect to monitoring records, evidence materials, law enforcement instruments.
Article 2 establishes a system for the sound administration of justice complaints, reporting and return.
The administrative law enforcement sector should establish a reporting point, report telephones, complaint kits, and proactively accept people's public and social oversight. Individuals, legal persons or other organizations concerned with administrative law enforcement, complaints, complaints and reports, regular visits and requests for the views of the relative executive and confidential complaints, complaints, reportingers.
Article 23 establishes a sound administrative law enforcement system.
The following matters in the sectors of the population and the administration of justice should be reported to the superior authorities in accordance with the authority of management:
(i) Administrative law enforcement actors, law enforcement and law enforcement responsibilities in the administration of justice;
(ii) Implementation of administrative law enforcement responsibilities in the administrative law enforcement sector;
(iii) Major administrative penalties and major administrative licence decisions taken by the administrative law enforcement authorities;
(iv) The executive law enforcement branch, in accordance with the provisions of laws, regulations and regulations, entrusts the organization with administrative law enforcement activities;
(v) The administrative law enforcement documents issued by national administrative authorities.
Article 24 establishes a sound administrative law enforcement statistical reporting system.
The following matters in each region, in the city of the people's Government and in the administrative law enforcement sector shall be communicated to the superior authorities in accordance with the management authority and the time frame specified:
(i) Annual report on the implementation of the evaluation of administrative law enforcement responsibilities;
(ii) Administrative penalties, administrative licences, administrative review, administrative statements for administrative proceedings and analytical material;
Article 25 establishes a sound administrative law enforcement appraisal system.
Governments and executive law enforcement departments at all levels should establish an independent, fair and impartial administrative law enforcement responsibilities appraisal nuclear mechanism to make a clear assessment of the subjects of the archaeological examination, to regulate the evaluation of the contents of the examination, to explore innovative methods, to incorporate administrative law enforcement responsibilities in the evaluation of the results of the review of the evaluation of the evaluation of the results into the administrative and governmental objectives.
Article 26 establishes a system of accountability for the administration of justice.
All levels of the people's Government and all levels of administrative law enforcement should be reckless, in accordance with the requirement of “responsibility unity”, and in violation of the law, the heads of units and the direct responsibilities of the executive branch, the unit and the person responsible for administrative accountability and legal responsibility.
Chapter III
Article 27 Governments at all levels are responsible for the review of administrative law enforcement in the respective administrative law enforcement sector, and for monitoring and guidance on the administration of justice at the lower level. Administrative law enforcement agencies are responsible for the review of administrative law enforcement in this sector, the executive law enforcement agencies and their administrative law enforcement officials.
Administrative law enforcement in the administrative law enforcement sector authorized or delegated by a superior administrative law enforcement department or the administrative law enforcement department is responsible for the evaluation of the examination.
The State shall be subject to the supervision of the same-ranking people's Government, while it is accepted by the executive authorities of the State to conduct a review of the administrative law enforcement sector and the executive branch, which is administered in the provinces and municipalities.
All levels of the Government of the people and their executive law enforcement agencies are specifically responsible for the implementation and monitoring of the guidance of organizations involved in the administration of justice review. Other departments in which administrative law enforcement has oversight functions should be carried out in conjunction with the executive law enforcement review process in line with their respective responsibilities.
Article 28 should strictly follow the principles of openness, equity and justice.
Article 29 shall include the following elements:
(i) Leadership and organization of the implementation of administrative law enforcement responsibilities;
(ii) The establishment and implementation of the administrative law enforcement accountability system;
(iii) The classification of the statutory mandate, the implementation, the determination and the implementation of the executive law enforcement authority, responsibilities and work objectives of the executive law enforcement personnel, as well as their internal institutions;
(iv) Implementation of statutory administrative law enforcement functions and legal norms for specific administrative acts;
(v) Administrative review and administrative proceedings and implementation of administrative law enforcement decisions;
(vi) The accountability of administrative law enforcement officials for violations of law enforcement or inappropriate administrative law enforcement;
(vii) Capacity-building and administrative law enforcement personnel in the executive branch;
(viii) Evaluations and observations of the relative administration and the various communities of society regarding administrative law enforcement and administrative law enforcement officials;
(ix) Other needs identified by the Government of the High-level People to assess the content of the examination.
Article 33 Reviews by administrative law enforcement authorities of internal, direct and administrative law enforcement personnel shall include the following:
(i) Execution of justice and civilized law enforcement;
(ii) Implementation of administrative penalties;
(iii) Administrative licences and administrative clearance;
(iv) Implementation of administrative coercive measures;
(v) Administrative regulation, collection, confirmation, decision and payment;
(vi) Administrative review, administrative compensation and administrative proceedings for administrative law enforcement;
(vii) Other needs identified by the administrative law enforcement authorities to assess the contents of the examination.
Article 31
Article 32 addresses the issues identified in the review of the examination, and the relevant administrative law enforcement authorities and their administrative law enforcement officials should be corrected in a timely manner.
Article 33 is one of the following cases in the administrative law enforcement sector, which is criticized by the municipal, district (market) people's Government or by the executive authorities at the secondary level.
(i) The establishment and implementation of administrative law enforcement responsibilities;
(ii) The establishment and implementation of the administrative law enforcement appraisal system;
(iii) To reject the inspection and evaluation of the examination;
(iv) Resistance in administrative law enforcement evaluation of the conduct of the examination of the examination.
Chapter IV
Article 34 of the executive law enforcement responsibility refers to the legal or administrative responsibility that the executive law enforcement authorities or their administrative law enforcement officers are responsible for acts that result in the legitimate rights and interests of citizens, legal persons and other organizations or the damage to the public interest.
Article XV responsibilities for administrative law enforcement should be held in order to uphold the principles of genuineness, error, punishment and accountability for adaptation, punishment and education.
Article 36 Enforcement responsibilities of administrative law enforcement officials are held by the competent authorities; administrative law enforcement in the administration of justice is held by the Government of the people at this level or by the superior authorities.
All levels of the people's Government and the rule of law in the administrative law enforcement sector, the monitoring body, in accordance with its legal, regulatory and regulatory responsibilities, are responsible for administrative law enforcement.
In the course of administrative law enforcement, the executive law enforcement and administrative law enforcement officers have one of the following acts, which fall within the scope of accountability for administrative law enforcement:
(i) Failure to perform the statutory duties;
(ii) Execution of specific administrative acts in violation of the law;
(iii) The exercise of administrative discretion is not reasonable;
(iv) There is no reason to cooperate and not to assist law enforcement in other administrative law enforcement authorities;
(v) Other acts of administrative law enforcement should be held in accordance with the law.
Article 338 distinguishes and assumes responsibility for administrative law enforcement:
(i) The responsibility for administrative law enforcement arising from the conduct of an administrative act by the contractor is assumed by the contractor;
(ii) Administrative law enforcement responsibilities should be divided and assumed in accordance with the following provisions:
The licensor, without the approval of the licensor, makes a direct administrative act and is assumed by the contractor;
The failure of the custodian, the author, the author, the author, to properly perform the duties of the review, approval, is assumed by the custodian;
Notwithstanding the approval of the licensor and the approval of the licensor, the licensor does not carry out administrative acts in accordance with the review and approval of the matter, which is assumed by the contractor;
The programme or observations of the licensor were wrong and the licensor, the licensor, the rator, the rator, the rator, the rator, the rator and the rator should be found to be uncovered or failed to correct it after the finding, and the extent to which the role was performed were performed were vested;
The reviewor does not adopt or change the right opinion of the licensor and, with the approval of the author, shall assume the responsibility of the licensor and the rator at the level of the role performed;
The reviewor did not submit a decision directly by the author for approval;
The wrong instruction made by the reviewor was agreed by the author;
Authors do not accept or change the right opinion of the custodian, the verifies by the author;
Authors are responsible for taking decisions directly without the preparation, review and approval of the author;
In the performance of the official duties, the custodian is of the view that the decision at the superior level, the order is wrong and can be made to the superior or to withdraw the decision, the order, or to require immediate implementation, and that the custodian should carry out that decision, order, the administrative enforcement responsibility arising from the execution of the post-implementation shall be vested with a corresponding responsibility at the superior level and the holder does not assume responsibility; however, the licensor shall assume the corresponding responsibility under the law.
(iii) Administrative law enforcement responsibilities arising from collective research and decision-making are vested by decision makers;
(iv) Administrative law enforcement responsibility arising from changes in administrative law enforcement by the superior administrative law enforcement authorities, which are assumed by the superior administrative law enforcement authorities;
(v) High-level directives, administrative law enforcement responsibilities arising from interference with administrative conduct, which are assumed by direction and intervention;
(vi) Administrative law enforcement responsibilities arising from administrative acts entrusted to the organization under the law and, in addition to the division and responsibility set out in the preceding paragraph, the executive heads of the executive branch should also be responsible;
(vii) The joint enforcement of law enforcement in the two administrations, the centralization of administrative law enforcement responsibilities arising from the administration of justice and their heads.
Article 39 Means of accountability for administrative law enforcement:
(i) Bring education or written statements;
(ii) A written inspection order;
(iii) To inform criticism;
(iv) Removal of the annual prequalification;
(v) The suspension or payment of administrative law enforcement documents and the cessation of administrative law enforcement activities;
(vi) The removal of administrative law enforcement qualifications and the removal of administrative law enforcement posts;
(vii) Other accountability provided for by law, regulations.
The manner in which the above-mentioned responsibility is prosecuted can be applied separately or consolidated.
Article 40 accountability for administrative law enforcement should be held in accordance with the following provisions, in accordance with the authority of management, in accordance with the nature of the responsibility, the circumstances and the level of social impact:
(i) The nature, circumstances of a very small nature and the absence of a social impact, and should be cautioned against education, written warning or acquiescence of a written examination;
(ii) The nature, circumstances and the extent of the social impact should be criticized;
(iii) The poor nature and circumstances and the extent of social impact should be limited to their administrative law enforcement documents and the cessation of administrative law enforcement activities;
(iv) The adverse and serious circumstances and the extent of social impact are particularly significant, and their administrative enforcement documents should be distributed to administrative law enforcement.
Article 40 provides that administrative law enforcement responsibilities can proactively identify administrative law enforcement errors and actively take remedial measures to prevent the consequences of the harm, and can be held accountable from light, mitigation or immunity.
Article 42 is one of the following cases:
(i) To know that the administrative error of law enforcement is continuing, without active measures to rectify it;
(ii) More than three cases of accountability for administrative law enforcement should be held within one year;
(iii) Interference, obstruction, rejection and accountability for administrative law enforcement;
(iv) The prosecution of complaints, complaints, reportingers or responsibilities against retaliation;
(v) Other situations that should be dealt with in a heavy or aggravated manner.
Article 43 does not hold administrative enforcement responsibilities for administrative law enforcement and administrative law enforcement officials in one of the following cases:
(i) The administrative relative misappropriation resulted in the inability of the administrative law enforcement authorities and their administrative law enforcement officials to make the right judgement;
(ii) The law, regulations, regulations and internal administration systems do not specify or specify the error in the administrative law enforcement sector and its administrative law enforcement officials;
(iii) Causes of force majeure;
(iv) Other cases of non-responsibility under laws, regulations and regulations.
Article 44 responsibilities for administrative law enforcement have resulted in administrative compensation and compensation under the provisions of the National Compensation Act of the People's Republic of China.
Article 42
(i) The case;
(ii) Investigation;
(iii) Accountability for decision-making;
(iv) A letter of accountability for administrative law enforcement;
(v) The results of the feedback from the executive law enforcement and administrative law enforcement officials responsible for accountability;
(vi) Final reports.
Article 46 provides for complaints, complaints, reported cases and related oversight authorities concerning the responsibility of citizens, legal persons or other organizations with regard to administrative law enforcement, and cases of administrative law enforcement that are determined by the executive law enforcement authorities themselves, and that the responsible institutions should review the factual basis within seven working days and that the review of factual basis should be admissible and filed.
Article 47 investigates cases by administrative law enforcement responsibility and shall be conducted by more than two staff members. The survey should hear the views of the surveyor and the stakeholders and the rights of the respondents to the complaint and the defence.
The accountability of the custodian with the administrative law enforcement holder should be avoided.
Article 48 should be held accountable within 30 working days of the date of the submission. The situation is complex and, with the approval of the competent organ, 15 working days could be extended. The law, legislation and regulations provide otherwise, from their provisions.
The responsible institutions should produce administrative law enforcement responsibilities to hold decisions and send them to the responsible person, and the duty to hold decisions should clarify the grounds, the factual basis and the legal basis for the decision and inform the responsible person of the right to complain under the law.
There are clear complaints, complaints, reportingers and should be informed of their decisions.
Rule 49 Accountability of the executive law enforcement authorities should be held accountable and should be sent within 15 working days to the same-level people's rule of law, the inspection service.
Article 50 provides that the responsible person does not file a complaint with respect to the handling of a decision and is governed by the relevant laws, regulations and regulations.
Article 50 of the executive law enforcement and administrative law enforcement officers who are held accountable for administrative law enforcement should be held accountable within the prescribed time period, reject the execution of the decision and be held accountable to the institution in charge of carrying out its implementation and, in the event of circumstances, giving the administrative responsibility to the principal executive head of the administrative law enforcement branch.
Chapter V
In accordance with the provisions of article 52, the authorities of the people of the district, the municipality of the city and the executive branches of the Government of the city may develop implementation approaches in the context of the realities in the region and in this sector.
Article 53 provides for interpretation by the Office of the Rule of Law of the People's Government of the State of Alejane.
Article 54 The provisional provisions on administrative law enforcement responsibilities in the State of Délejan (No. 119) issued by the Government of the People of the State on 2 December 1997 and the accountability for administrative law errors in the State of 25 August 1998 (No. 127 of the Municipal Order).