Interim Measures For The Violation Of Administrative Law Enforcement Responsibility In Tianjin

Original Language Title: 天津市行政执法违法责任追究暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(July 24, 2006, Tianjin Municipal People's Government at the 75th Executive meeting on August 5, 2006, Tianjin Municipal People's Government announced the 105th come into force on September 1, 2006) first for regulating and supervising administrative law-enforcement agencies and law enforcement personnel to perform their administrative duties, protect the legitimate rights and interests of citizens, legal persons or other organizations in accordance with the relevant provisions of laws and regulations, combined with the municipality, these measures are formulated.
    Second article this city levels administrative law enforcement organ, and law authorized or delegate of Organization (following referred to administrative law enforcement organ) and law enforcement personnel, violation legal, and regulations, and regulations and about provides, made of specific administrative behavior illegal or administrative not as (following collectively violations), against citizens, and corporate and other organization of lawful rights and interests of and the social public interests, should held its administrative law enforcement illegal responsibility of, applies this approach.
    Laws, rules, regulations provide otherwise on violation of administrative law enforcement responsibility, from its provisions.
    Third violation of administrative law enforcement accountability insist punished, combined with the discipline of education, principles of punishment are commensurate with responsibilities.
    Fourth article administrative law enforcement organ and law enforcement personnel has following behavior one of of, should held administrative law enforcement illegal responsibility: (a) main facts finds not clear, evidence insufficient of; (ii) applies legal, and regulations, and regulations obviously errors of; (three) violation statutory program of; (four) beyond or abuse statutory terms of; (five) not perform statutory duties of; (six) other violations of. Fifth article by following State confirmed administrative law enforcement organ and law enforcement personnel implementation has illegal administrative law enforcement behavior of, should held administrative law enforcement illegal responsibility: (a) levels Congress and Standing Committee in supervision in the found and confirmed of administrative law enforcement violations; (ii) Court final judgment, and ruled be revoked, and change, and confirmed of administrative law enforcement violations, or was ordered perform statutory duties of administrative law enforcement violations; (three) administrative reconsideration organ decided revoked, and change, and
    Confirmed violations of administrative law enforcement, or being ordered to perform the statutory duties of the administrative enforcement of violations committed; (d) the administrative law enforcement organs and the people's Governments at all levels in receiving citizens, legal persons and other organizations administrative law enforcement, reporting, or in the application of administrative law-enforcement inspection, evaluation findings and confirming violations of administrative law enforcement.
    Confirm administrative enforcement action against the administrative authority shall receive the judgment and order book, within 5 working days from the date of the decision, the judgment and order book, decided to photocopy the level people's Government legal agencies and administrative department legal organization at a higher level for the record put vertical administrative law enforcement organs, to the leading organs of legal organization at a higher level for the record.
    Sixth separate administrative enforcement of violations of administrative law enforcement agencies accept violation of administrative law enforcement responsibility.
    Composed of two or more administrative violations of administrative law enforcement from law enforcement agencies, by the host authorities bear the primary responsibility, bear the responsibility of other organs.
    Administrative law enforcement organs for the implementation of the higher administrative authority decision, approval, direction, administrative enforcement of violations, by a decision, approval, indicating higher administrative authorities accept violation of administrative law enforcement responsibility. Seventh article hosted people has following case one of of, should bear administrative law enforcement illegal responsibility: (a) independent exercise law enforcement right implementation administrative law enforcement violations of; (ii) without statutory program audit, and approved, unauthorized implementation administrative law enforcement violations of; (three) for hide facts, and hidden evidence or provides not real situation, reasons, led audit people, and approved people made errors decided of; (four) unauthorized change audit, and approved of content implementation administrative law enforcement violations of; (five) in administrative law enforcement process in the,
    By gross negligence causing serious consequences; (f) without due cause fails to perform the statutory duties.
    Eighth reviewer without the contractor's proposed or approved without approval, direct violations of administrative enforcement shall bear administrative liability.
    Nineth approved by any of the following circumstances shall bear administrative liability: (a) the approved changing the correct views of the undertaker, audit, (ii) without the contractor's action and the reviewer, decisions directly led to violations of administrative law enforcement.
    Article tenth host error action comments, reviewer and approver should be found and not found or has not been corrected after it was discovered, resulting in violations of administrative law enforcement, the undertaker, Checker, approved by respectively the corresponding violation of administrative law enforcement responsibility.
    Reviewer does not accept or change the undertaker opinions, approved by the approver, resulting in violations of administrative law enforcement, reviewer, approver, respectively bear the corresponding violation of administrative law enforcement responsibility.
    11th article of two or more persons jointly the implementation of administrative law violations, sponsors the primary violation of administrative law enforcement responsibility, others bear secondary violation of administrative law enforcement responsibility fails to distinguish between primary and secondary liability, the share violation of administrative law enforcement responsibility.
    12th through collective discussion and decision making on administrative law enforcement of violations, mainly in charge of violation of administrative law enforcement responsibility.
    13th for breach of statutory duty caused violations of administrative law enforcement, according to job responsibilities, held directly responsible, respectively in charge of Director and principal persons in charge of illegal administrative law enforcement responsibility.
    14th article administrative law enforcement illegal responsibility held way: (a) ordered made written check; (ii) deadline rectification; (three) commandments Mian talk; (four) informed criticism; (five) temporarily buckle or revoked administrative law enforcement documents; (six) post training; (seven) canceled when selection advanced qualification; (eight) out law enforcement post; (nine) lifted appointment contract; (10) law recovery part or all administrative compensation costs; (11) give administrative sanctions.
    Violation of administrative law enforcement responsibility under the preceding paragraph, either alone or jointly.
    15th violation of administrative law enforcement responsibility for administrative law enforcement organs, according to the different situations of breach of statutory duty, by the people's Governments at the corresponding level or supervisory organs shall investigate; the vertical management bodies ' liability, the higher authorities or supervisory organs shall investigate; double liability of the regulatory body, in accordance with the relevant provisions of management responsibilities shall be investigated for criminal.
    Accountability for administrative law enforcement organs, should serve as the basis of the annual evaluation.
    16th violation of administrative law enforcement responsibility for administrative law enforcement personnel shall, by their authorities according to the different situations of breach of statutory duty shall be affixed; Jamie organizational measures shall be taken in accordance with law, program in accordance with cadre management authority and dealt with according to law; should pursue administrative responsibilities, appointment and removal or the supervisory organs shall be given administrative sanctions; a suspected crime, transferred to judicial organs for handling.
    According to the People's Republic of China of relevant provisions of the law on State compensation compensation, administrative law enforcement organs should provide law enforcement personnel with responsibility for illegal recourse.
    Violation of administrative law enforcement responsibility, should serve as the basis for appraisal, reward and punishment, appointment and removal of administrative law enforcement personnel, including administrative sanctions decision should be included in my archives.
    17th of municipal legislative affairs agency is in charge of the city's violation of administrative law enforcement accountability guidance, coordination, supervision is entitled to have a major social impact or difficult cases to investigate, you can also specify the relevant authorities for investigation, and put forward opinions level people's Government decision.
    District and county people's Government legal agencies and municipal administrative legal body responsible for the law enforcement agencies in the region and Department violation of administrative law enforcement accountability guidance, coordination and supervision of the work of this level people's Government, the Department accepted cases of violation of administrative law enforcement investigation, and put forward opinions level people's Government, the Department decided, responsible for investigations into cases of law enforcement authorities at specified.
    Related to appointment and removal, supervision organs investigated for violation of administrative law enforcement responsibility, by appointment and removal or organs in accordance with the relevant provisions of the State and this municipality, in accordance with statutory authority and procedures, within a specified time frame.
    Audit, finance and other relevant departments should support and cooperate with the violation of administrative law enforcement responsibility. Article 18th violation of administrative law enforcement responsibility of investigators in investigation, shall be not less than two persons and shall produce their certificates. Investigators can access, copy the relevant files to the relevant administrative law enforcement organs, asked the relevant personnel. By investigation organs and shall faithfully reflect the situation, must not interfere with, impede investigations.
    Investigators shall make a written record.
    Cases investigated by the investigators and has a direct interest, should be avoided.
    19th district and county people's Government and municipal departments for violation of administrative law enforcement responsibility jurisdiction dispute and submitted to the municipal people's Government for decision. Violation of administrative law enforcement accountability more than two statutory basis, selected by the violation of administrative law enforcement accountability applies.
    But the same offence shall not be held responsible.
    20th administrative law enforcement personnel shall be held liable for the violation of administrative law enforcement responsibility is dissatisfied, he can apply to the Department for review, making of the complaint. During the review, appeals, and do not stop execution of the original violation of administrative law enforcement accountability decisions.
    Review, appeals except where it deems it necessary to suspend.
    21st article administrative law enforcement organ and law enforcement personnel has following case one of of, give informed criticism; plot serious of, give administrative sanctions; constitute crime of, law held criminal: (a) administrative law enforcement organ should on its law enforcement personnel held administrative law enforcement illegal responsibility and not held of; (ii) should submitted record of judgement, and ruled book, and decided book not reported or late submitted, effect administrative law enforcement illegal responsibility held of; (three) interference, and hinder or not tie on illegal responsibility for survey of; (D) administrative law enforcement, reporting officers or investigators to fight, revenge, and (v) refused to correct the violation, and (vi) refuses to perform illegal administrative law enforcement accountability decisions.

    22nd article appointment organ, and monitored organ, and legal institutions in administrative law enforcement illegal responsibility held work in the has following case one of of, give informed criticism; plot serious of, give administrative sanctions; constitute crime of, law held criminal: (a) deliberately hide violations or found has violations and not filed held of; (ii) deliberately aggravated or reduce responsibility personnel responsibility of; (three) law should transfer judicial organ held criminal and not transfer of. Article 23rd contractors mentioned in these measures refers to the specific in the law enforcement work of staff reviewer refers to the head of the administrative law enforcement organs; approval refers to the administrative law enforcement organs primarily responsible.
    Or authorized in accordance with Division of internal management, approved by the other staff exercising jurisdiction, rights, exercise jurisdiction over persons, the right to approve, as a reviewer, and approver.
                    24th article this way come into force on September 1, 2006.