Administrative Law Enforcement Responsibility, Hangzhou City Provisions

Original Language Title: 杭州市行政执法责任制规定

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(On September 18, 2006 Hangzhou City Government 120th times Executive Conference considered through on September 25, 2006 Hangzhou City Government makes No. 230, announced since on December 1, 2006 up purposes) first chapter General first article for specification and supervision administrative organ administrative law enforcement activities, strengthened administrative law enforcement responsibility, guarantees legal, and regulations, and regulations of full right implementation, according to State full advance law administrative implementation platform for, about provides, combined this city actual, developed this provides.
    Second responsibility system for administrative law enforcement in these rules is the statutory functions of administrative law-enforcement departments and their corresponding legal responsibility and accountability in General.
    Administrative law enforcement in these rules refers to administrative law enforcement departments at various levels to implement the administrative licensing, administrative sanctions, administrative supervision, administrative enforcement, administrative collection and administrative decisions, administrative confirmations, administrative payment and other administrative acts.
    Administrative law-enforcement departments in these rules refers to an administrative law enforcement the right to executive authorities and laws, regulations, administrative law enforcement power in the exercise of delegated rights to manage public affairs organizations, as well as of administrative organs in accordance with the Commission's administrative law enforcement activities and institutions.
    Administrative law enforcement personnel in these rules refers to administrative law enforcement departments at various levels in the administrative law enforcement qualifications, administrative law enforcement personnel.
    Article administrative law enforcement to safeguard the laws, rules and regulations are correctly implemented and maintain the uniformity of the legal system, protecting the legitimate rights and interests of citizens, legal persons or other organizations, correct law enforcement actions and held accountable, realization of administration according to law, promoting the construction of Government governed by law as the goal.
    Fourth administrative enforcement shall follow the lawfulness, fairness, due process, high efficiency, honesty and responsibility principle for the convenience.
    Fifth administrative law enforcement should be subject to supervision according to law.
    Sixth administrative law enforcement departments in the Department responsible for implementation or with the relevant law enforcement authorities implement the laws, regulations and rules in accordance with law the implementation of responsibilities, a clear division of roles and coordination.
    Article seventh municipal people's Government, leadership responsibility system for administrative law enforcement in the city, district and County (City) within the administrative area of the jurisdiction of the Government of the responsibility system for administrative law enforcement work.
    Administrative law-enforcement departments at all levels should, in administrative law enforcement responsibility system under the leadership of the people's Governments at the corresponding level.
    Level for administrative law enforcement departments to strengthen the level of administrative law enforcement responsibility system for administrative law enforcement supervision and guidance.
    Governments at all levels and at all levels of administrative law enforcement's Office of Legislative Affairs is responsible for the local area, the work responsibility system for administrative law enforcement departments and specific guidance, supervision, coordination and evaluation work.
    Chapter II implementation of the responsibility system of administrative enforcement of the eighth administrative law enforcement departments shall regularly combed basis, according to the Department of law enforcement agencies and law enforcement jobs configured, decomposition of law enforcement powers, clear responsibilities, identify law enforcement responsibilities, standardize law enforcement procedures and standards.
    Laws, regulations and rules when the enactment, amendment or repeal, administrative law-enforcement departments should adjust the relevant law enforcement, within 30 working days basis.
    Nineth enforcement of administrative law enforcement departments at all levels should be based on comb basis, the functions and powers of the decomposition, and law enforcement responsibilities, evaluation, accountability, and responsibility system for administrative law enforcement schemes through local government, upper level administrative law enforcement departments after verification organizations.
    Tenth levels of people's Governments and the administrative law-enforcement departments, administrative law-enforcement departments at all levels should be signed with the respective administrative authorities of administrative law enforcement responsibility, clear law enforcement objectives and responsibilities.
    11th administrative law enforcement departments and the administrative law enforcement personnel shall bear the relevant administrative law enforcement responsibility for administrative acts.
    Administrative law-enforcement departments and the administrative law enforcement personnel shall actively fulfilled its statutory obligations, within the scope of the statutory authority exercises its powers in a manner prescribed by law, reasonable exercise of administrative discretion, shall not go beyond the terms of reference of, abuse.
    12th establishing comprehensive administrative law enforcement entity and the administrative law enforcement personnel qualification system.
    Exercise of the Executive authority of the administrative bodies, authorized by the laws and regulations to administer public affairs organizations entrusted by law and institutions should be required to report released after the review confirmed the legal work of the people's Governments at the corresponding level body. Zhejiang, administrative law enforcement personnel must be in accordance with the provisions of the measures for Administration of law enforcement administrative law enforcement has the qualification of administrative law enforcement.
    Provincial registration system for administrative law enforcement practices annual review, the State Department awarded certificates to implement filing system.
    13th establishing comprehensive administrative law enforcement personnel training examination system.
    Administrative law-enforcement departments should take the initiative to carry out job training of law enforcement officials at all levels, and strict examination system.
    14th propaganda system establish laws, rules and regulations.
    Administrative departments shall regularly in this sector are being implemented or will implement laws, regulations, rules and regulatory documents to citizens, legal persons or other organizations in a variety of public information and awareness.
    15th article establishing and perfecting the system of administrative law enforcement inspection.
    Administrative law-enforcement departments should be on the system, the Department regularly or periodically check the administrative law enforcement, according to the system of administrative law enforcement situation to carry out special checks, to detect and correct the acts of law enforcement.
    Establishing and perfecting the system of statutory enforcement procedures of the 16th article. Administrative law enforcement departments should be combined with the sector characteristics and specific law enforcement request for statutory enforcement powers to develop appropriate enforcement procedures and rules.
    Department of administrative law enforcement discretion within the statutory discretion, to develop operational requirements of discretion within the system, clear conditions, criteria and procedures.
    The 17th article establishing and perfecting the system of administrative law enforcement.
    Administrative law enforcement departments should be the main law enforcement, law enforcement, law enforcement based on the scope, responsibilities, standards, conditions, procedures, specific time limits and forms of accountability, oversight, effective forms to the public.
    Establishing and perfecting the system of administrative law enforcement of the 18th article. Administrative law-enforcement departments shall, in accordance with the legal provisions of the administrative procedure, establishing and perfecting the internal auditing system of administrative law enforcement and work processes, clear audit approved agencies, auditors, administrative decisions and responsibilities.
    Administrative enforcement action should be decided collectively to major.
    19th the establishment of hearing system of administrative law enforcement. Administrative law-enforcement departments shall, in accordance with the requirements of laws, rules and regulations, establishment of hearing system of administrative law enforcement.
    According to law must be hearing shall be held in strict accordance with the hearing process provides hearing and listened to statements of the parties, representations and opinions to ensure openness, fairness and impartiality of administrative procedure.
    20th establishing and perfecting the system of administrative enforcement cases appear in court.
    People's Court accepted by the administrative law-enforcement departments of administrative cases, should actively Court the respondent, the respondent, conscientiously to fulfil administrative judgment and decisions in force.
    21st establishing comprehensive administrative law enforcement files comments on the system.
    Administrative departments administrative files and file review system should be established, to citizens, legal persons or other organizations oversee and inspect the relevant records, evidence and enforcement instruments should be filing.
    22nd article establishing and perfecting the system of administrative law enforcement, reporting and return. Administrative law-enforcement departments shall establish a reporting point, telephone hotlines, complaint mailboxes, active and consciously accept supervision by the masses of the people and society.
    Law in time for a citizen, legal person or other organization-related administrative law enforcement complaints, charges, complaints and reports, regular visits and to seek the advice of the administrative relative person, whistle-blower complaints, appeals, and kept confidential.
    23rd establishing and perfecting the system of administrative law enforcement.
    The district, and County (City) Government and administrative law enforcement sector of following matters should according to management permission to superior organ reported record: (a) administrative law enforcement sector of administrative law enforcement subject, and law enforcement according to, and law enforcement responsibility determine; (ii) administrative law enforcement sector of administrative law enforcement accountability implementation programme; (three) administrative law enforcement sector made of major administrative punishment, and major administrative license decided; (four) administrative law enforcement sector in accordance with legal, and regulations, and regulations of provides delegate about career organization engaged in administrative law enforcement activities of;
    (E) administrative documents issued by the authorities of State administration.
    24th article establishing and perfecting the system of administrative law enforcement statistical reporting.
    All districts and counties (cities) and administrative law enforcement agency of the Government of the following items shall be in accordance with the administrative rights and sending material to the authorities at a fixed time and reports: (a) annual report of the implementation of the responsibility system of administrative enforcement evaluation by, (ii) administrative sanctions, administrative license, the administrative reconsideration, administrative court cases statistical and analytical materials; 25th establishing and perfecting the system of administrative enforcement evaluation.
    Governments at all levels and the administrative law enforcement departments should establish and improve open, fair, unbiased responsibility system of administrative enforcement evaluation mechanisms, clear evaluation, specification evaluation, innovation and evaluation methods, evaluation results into law administrative law enforcement responsibility assessment and objective examination of the Government.
    26th establishing comprehensive administrative law enforcement accountability system.
    Governments at all levels and administrative law-enforcement departments at all levels shall, in accordance with the "consolidated powers and responsibilities" requirements, mistakes shall be corrected, punished, for illegal or improper acts of administrative enforcement administrative law enforcement departments, heads of unit and persons directly responsible, in accordance with the relevant provisions of administrative responsibility and legal liability of those. Chapter III administrative enforcement evaluation by 27th Department administrative enforcement of the people's Governments at various levels are responsible for the evaluation by the administrative law enforcement, administrative enforcement evaluation by lower level people's Governments to supervise and guide the work.
    The administrative law-enforcement departments are responsible for the Department and the administrative law enforcement organs and administrative appraisal administrative enforcement of law enforcement personnel.
    Authorized or delegated administrative law enforcement departments of administrative enforcement by the competent administrative departments or delegate administrative law-enforcement departments are responsible for evaluation.
    State administrative law-enforcement departments in Hangzhou and maintain provincial and municipal administrative departments for the following vertical management, at the same time receive higher evaluation by the competent administrative department shall be subject to the supervision of the people's Governments at the same level. Governments at all levels and their respective legislative affairs agency is in charge of administrative law enforcement departments of administrative enforcement evaluation work organization and supervision of work.
    Other government administrative law enforcement with the function of regulatory authorities, should be in accordance with their respective functions and powers, with the legislative affairs agency administrative enforcement evaluation work carried out at the same level.
    28th appraisal shall strictly follow the principle of openness, fairness and justice.
    29th article levels Government on belongs administrative law enforcement sector for comments assessment, should including following content: (a) led and organization implementation administrative law enforcement accountability of work situation; (ii) established sound and implementation administrative law enforcement accountability system situation; (three) statutory terms of classification finishing, and decomposition implementation, and posts set accountability and sector and features institutions, and administrative law enforcement personnel of administrative law enforcement permission, and responsibility and work target of implementation situation;
    (Four) statutory administrative law enforcement terms of perform situation and specific administrative behavior of legal specification situation; (five) administrative law enforcement decided of administrative reconsideration and administrative litigation results and the perform situation; (six) on administrative law enforcement personnel illegal law enforcement or improper administrative law enforcement behavior responsibility held situation; (seven) administrative law enforcement team construction and administrative law enforcement personnel law administrative capacity situation; (eight) Administration relative people and social from all walks of life on administrative law enforcement organ and administrative law enforcement personnel of evaluation and views;
    (IX) other needs identified by the people's Government of superior content of the appraisal.
    30th article the administrative law enforcement sector on features, and directly under the institutions and administrative law enforcement personnel for comments assessment, should including following content: (a) justly, and civilization law enforcement situation; (ii) administrative punishment implementation situation; (three) administrative license and the administrative approval situation; (four) take administrative forced measures situation; (five) administrative regulatory, and levy, and confirmed, and ruling, and payment, situation; (six) on administrative law enforcement behavior proposed administrative reconsideration, and administrative compensation, and administrative litigation of situation;
    (VII) administrative law-enforcement departments to determine other needs of the contents of the appraisal.
    Administrative enforcement evaluation into administration by law of 31st article content together.
    32nd in the evaluation found problems, related administrative law enforcement departments and the administrative law enforcement personnel shall be promptly corrected.
    33rd article administrative law enforcement sector has following case one of of, by city, and district (City) Government or superior administrative competent sector give informed criticism, ordered corrected: (a) not established and implementation administrative law enforcement accountability of; (ii) not established and implementation administrative law enforcement comments assessment system of; (three) refused to accept supervision check and comments assessment of; (four) in administrative law enforcement comments assessment work in the fraud of.
    Fourth chapter administrative law enforcement accountability 34th administrative law enforcement responsibility refers to the Chief law enforcement officers of the law enforcement department or Executive is illegal, improper or failing to perform their statutory duties and obligations, leading to citizens, legal persons and other organizations of the lawful rights and interests or public interests damages ' legal or administrative responsibilities.
    35th administrative law enforcement accountability should stick to the facts, wrong reserved, punishment commensurate with responsibility, the principle of combining punishment with education.
    36th Executive law enforcement responsibilities the Department is responsible for law enforcement officials be investigated for administrative law enforcement departments of administrative law enforcement responsibility for this level people's Government or the authorities responsible for investigation at a higher level.
    Governments at all levels and the rule of law in administrative law-enforcement departments, monitoring institutions in accordance with the laws, regulations and regulatory responsibilities under the administrative law enforcement accountability for specific work.
    37th article in administrative law enforcement process in the, administrative law enforcement sector and administrative law enforcement personnel has following behavior one of of, belongs to administrative law enforcement responsibility held range: (a) not perform statutory duties of; (ii) illegal implementation specific administrative behavior of; (three) not reasonable exercise administrative CD volume right of; (four) no due reason not tie, and not assist other administrative law enforcement sector law enforcement work of; (five) other law should held administrative law enforcement responsibility of behavior.
    38th article administrative law enforcement responsibility divided and bear: (a) hosted people directly made administrative behavior by produced of administrative law enforcement responsibility, by hosted people bear; (ii) should after audit, and approval of administrative behavior, administrative law enforcement responsibility in accordance with following provides divided and bear: 1. hosted people without audit people, and approved people approved, directly made administrative behavior of, by hosted people bear; 2. hosted people fraud, and engages in, led audit people, and approved people failed to right perform audit, and approved duties of, by hosted people bear; 3. is by audit people audit, and approved people approved, but hosted people not in accordance with audit, and approved matters implementation administrative behavior of, by hosted people bear; 4. hosted people proposed of programme or views has errors, audit people, and approved people should found and no found, or found Hou not to corrected, by by works size respectively by hosted people, and audit people, and approved people bear; 5. audit people not adopted or change hosted people of right views, by approved people approved of, by by works size respectively by audit people, and approved people bear; 6. Audit people not reported to the approved people approved and directly made decided of, by audit people bear; 7. audit people made of errors instruction by approved people agreed of, by approved people bear; 8. approved people not adopted or change hosted people, and audit people right views of, by approved people bear; 9. without hosted people proposed, and audit people audit, approved people directly made decided of, by approved people bear; 10. hosted people implementation corporate Shi, think superior of decided, and command has errors of, can to superior proposed corrected or revoked the decided, and
    Command view parent does not change the decision or order, or calls for the immediate implementation of, the contractor shall execute the decisions, orders, administrative law enforcement responsibility for implementation to generate superior assume the corresponding responsibility, sponsor is not responsible but undertaker perform obviously illegal decisions and orders, the undertaker shall bear corresponding responsibility. (Three) by collective research, and decided by produced of administrative law enforcement responsibility, by decision people bear; (four) superior administrative law enforcement sector change subordinate administrative law enforcement sector made of administrative behavior by produced of administrative law enforcement responsibility, by superior administrative law enforcement sector bear; (five) superior instruction, and intervention administrative behavior by produced of administrative law enforcement responsibility, by instruction, and intervention of superior bear; (six) law by delegate organization of administrative behavior by produced of administrative law enforcement responsibility, except by Qian paragraph provides divided and bear responsibility outside,
    Delegates the Executive Head of the administrative law enforcement departments should also bear some responsibility; (VII) two administrative law enforcement departments at and above the joint law enforcement, produced by the concentrated enforcement administrative law enforcement responsibility borne by the relevant administrative law enforcement departments and their heads.
    39th article administrative law enforcement responsibility of held way: (a) commandments Mian education or written warned; (ii) ordered made written check; (three) informed criticism; (four) canceled annual assessment assessment first qualification; (five) temporarily buckle or hand administrative law enforcement documents, stop administrative law enforcement activities; (six) canceled administrative law enforcement qualification, out administrative law enforcement post; (seven) legal, and regulations provides of other responsibility held way.
    More accountability, either separately or jointly.
    40th article administrative law enforcement responsibility held should according to responsibility of nature, and plot, and social effect degree,, in accordance with management permission according to following provides for: (a) nature, and plot significantly minor, not caused social effect of, should commandments Mian education, and written warned or ordered its made written check; (ii) nature, and plot minor, social effect degree smaller of, should give informed criticism; (three) nature bad, and plot more heavy, social effect degree larger of, should temporarily buckle its administrative law enforcement documents, stop administrative law enforcement activities;
    (D) nature of the bad, and the circumstances are serious, social impact are particularly large, should hand in their administrative law enforcement documents, transferred from the administrative law enforcement positions.
    41st executive law enforcement responsibilities to find administrative law enforcement misconduct, and take remedial measures to prevent harmful consequences can be lighter or mitigated or exempted from accountability.
    42nd article has following case one of of, should from heavy held administrative law enforcement sector and administrative law enforcement personnel of administrative law enforcement responsibility: (a) knows I of administrative law enforcement errors behavior in continues to State, and not active take measures be corrected of; (ii) a years within appeared 3 times above should to held administrative law enforcement responsibility case of; (three) interference, and hamper, and hinder, and resist on its for administrative law enforcement responsibility held of; (four) on complaints, and complaints, and whistleblower or responsibility held hosted personnel retaliates against of;
    (E) other circumstances that shall be given a heavier or worsen. 43rd article has following case one of of, not held administrative law enforcement sector and administrative law enforcement personnel of administrative law enforcement responsibility: (a) administrative relative people fraud led administrative law enforcement sector and administrative law enforcement personnel cannot made right judge of; (ii) legal, and regulations, and regulations and internal administration system no provides or provides not specific led administrative law enforcement sector and administrative law enforcement personnel understanding errors of; (three) for force majeure factors caused of; (four) legal, and regulations, and
    Other no-fault regulations.
    44th executive law enforcement responsibilities under executive compensation, in accordance with the People's Republic of China on State Compensation Act compensation and recovery.
    45th administrative law enforcement responsibility in accordance with the following procedures: (a) the Office; (ii) surveys, (c) accountability decisions taken; (d) the written decision of administrative law enforcement accountability; (v) was held responsible for administrative law enforcement and administrative law enforcement feedback results; (vi) final report.
    Article 46th for the citizens, legal person or other organization-related complaints and appeals of administrative law enforcement responsibility, to report cases and accountability related to supervision departments tasked to handle cases, and administrative law-enforcement departments to find cases of administrative law enforcement responsibility, accountability institutions shall, within 7 working days to review whether there is a basis in fact, after reviewing the facts, it should be accepted and filed. 47th case of administrative law enforcement accountability survey should be carried out by two or more staff members.
    Surveys should listen to the views of the respondents and an interested person, statement and defence of rights of persons under investigation.
    Accountability for contractor personnel and administrative law enforcement responsibility of people interested, may affect the impartiality of treatment, should be avoided. 48th accountability agencies shall be made within 30 working days from the date of filing the accountability for decisions. Complex, approved by the competent authority, can be extended by 15 working days.
    Otherwise provided by laws and regulations, from its provisions.
    Accountability institutions shall make administrative enforcement decision and sent to the person responsible for assigning responsibility, liability decision shall state the reasons for the decision, the facts and the legal basis, and inform the responsible person shall enjoy appeal rights.
    Complaints, whistle-blower complaints, there is clear, should be informed of his decision.
    49th executive accountability for decisions taken on law enforcement, it shall, within 15 working days submit the people's Government at the legal system and supervision Department for the record.
    The 50th person to appeal the decision, and in accordance with applicable laws, regulations and other regulations.
    51st is administrative law enforcement responsibilities of those administrative law enforcement departments and administrative law enforcement personnel shall, within the prescribed period of implementation of accountability for decisions, has refused to implement, accountability bodies have the right to order the Executive and subject to criticism and shall be subject to the administrative law-enforcement departments in charge of administrative responsibility.
    Fifth chapter supplementary articles article 52nd district, County (City) and the municipality belongs to the administrative law-enforcement departments in accordance with this provision, combined with the local area, the actual situation of the sector, formulate measures for implementation.
    53rd by Hangzhou people's Government Affairs Office is responsible for the interpretation of these provisions. 54th these provisions come into force on December 1, 2006.
                                                                        On December 2, 1997, Hangzhou City people's Government issued the provisional regulations on administrative law enforcement responsibility, Hangzhou City (city, 119th) and on August 25, 1998 issued by the Hangzhou municipal people's Government misjudged the Hangzhou urban administrative enforcement of accountability measures (127th of the municipal government) abrogated.

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