Provisions Of Jilin City, Administrative Law Enforcement Responsibility

Original Language Title: 吉林市行政执法责任制规定

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(November 24, 2005 Jilin city government 47th times Executive Conference considered through November 25, 2005 Jilin city government makes 167th, announced since January 1, 2006 up purposes) first chapter General first article for specification administrative law enforcement behavior, full implement law administrative implementation platform for, promote administrative law enforcement organ law administrative, protection citizens, and corporate and other organization (following said administrative relative people) of lawful rights and interests of, according to about legal regulations, combined this city actual, developed this provides.
    Second administrative law enforcement responsibility in these rules refers to municipal and County (City) district people's Government in accordance with the statutory responsibilities and authorities, enforcement responsibility down to the respective administrative departments, administrative law-enforcement agencies and law enforcement positions, and supervision, appraisal, reward and punishment system.
    Article within the administrative area of the city's administrative law enforcement organs, authorized by the laws and regulations for administrative enforcement powers of organization and administration authorities shall delegate to perform the administrative duties of law enforcement organizations (hereinafter referred to as administrative law enforcement organs) the work responsibility system for administrative law enforcement, these provisions shall apply.
    Fourth of municipal or County (City) area Legislative Affairs Department of the people's Governments in charge of administrative law enforcement responsibility guidance, coordination, evaluation and supervision.
    Rule of law institutions in charge of administrative law enforcement organs at all levels the implementation of the responsibility system for administrative law enforcement.
    Personnel and supervisory departments according to their respective functions with the responsibility system for administrative law enforcement work. Chapter II administrative law enforcement responsibility fifth administrative law enforcement authorities must have executive law enforcement entity.
    Its law enforcement entity is determined by the level of Government Legal Department confirmed and announced to the public.
    Name of administrative law enforcement organs and other changes, should arrive at this level of government legal departments and announced to the public. Sixth administrative law enforcement responsibility system for administrative law enforcement organs should strengthen the Organization and leadership, heads of administration accountability system into practice, whose main charge is the responsibility system for administrative law enforcement responsibility, administrative law enforcement responsibility of this organ work a central leadership responsibilities.
    Its leaders assumed the Executive in charge of the leadership of law enforcement responsibilities.
    Seventh article, law, administrative law enforcement organs should be based on the administrative, building the rule of law the Government planning, clear objectives and responsibilities of law enforcement, according to the level of government responsibility system of administrative enforcement evaluation content, rules for the development of administrative law enforcement responsibility.
    Administrative law-enforcement organs according to the statutory duties, clearly every manager, every law enforcement agency, agency heads and every law enforcement law enforcement responsibilities.
    Article eighth administrative law enforcement organs should be based on the provisions of laws, regulations and rules, establish and perfect the administrative rules and procedures of law enforcement and disclosure law enforcement duties and rights, procedural and other matters. Nineth administrative law-enforcement agencies when developing regulatory documents, shall be subject to the rule of law institutions audited, no establishment of an administrative license, the administrative fees, administrative penalties, and so on.
    Regulatory documents shall be subject to the level of government legal departments review the record.
    Tenth administrative law enforcement organs should establish government rule implementation checks, reporting system, levels of regulations a year in this report.
    11th administrative law enforcement agency before making any specific administrative acts on behalf of the Government, should be examined by the level of Government the Department of Legal Affairs. 12th administrative law enforcement organs in major administrative penalties and other major decisions, should be decided collectively, shall organize a demonstration or a hearing and listen to the views of the legal bodies.
    After a major administrative penalties shall be made to the level of Government Legal Department.
    13th administrative law enforcement organs in the implementation of administrative licensing and administrative fees, administrative decisions, administrative punishment or administrative enforcement process, should comply strictly with legal authority, scope, conditions and procedures, and so on.
    14th administrative law enforcement agencies in law enforcement and inspection, testing, and inspection activities, shall be in compliance with legal procedures, in compliance with the statutory requirements, and does not impede the normal operation of the administrative relative person, shall be without prejudice to the legal rights of administrative relative person.
    15th administrative law enforcement organs should be strictly enforced to the level of Government-related administrative law enforcement, administrative reconsideration of orders, decisions, and so on, without any delay, denial, prevarication.
    16th administrative law to delegate the organization exercising the right of law enforcement by law enforcement agencies, shall provide a power of Attorney, stated the delegated authority, as well as the time and the level of Government Legal Department.
    Authorized organization should strictly follow the instructions set forth the mandate of executive law enforcement responsibilities in any excess or abuse.
    Administrative law-enforcement agencies to delegate the Organization's administrative law enforcement, should provide regular guidance and supervision.
    17th the County (City) Government legal authorities and law enforcement bodies responsible for the Organization of the legal system in the region, and the audit of administrative law enforcement documents to apply for law enforcement personnel, inspection work. Article 18th administrative law enforcement organs should be based on the fault responsibility investigation system of administrative law enforcement.
    Competent leadership of the fault in the administrative law enforcement or administrative law enforcement personnel should be based on the degree of fault, investigate its corresponding legal liability. Article 19th administrative law enforcement organs should establish a perfect litigation system of administrative reconsideration, administrative reconsideration cases by the legal bodies of the organs involved in charge.
    Need a hearing, attended by the main leaders or heads.
    20th article administrative law enforcement organ in administrative law enforcement process in the, shall not has following behavior: (a) illegal to administrative relative people levy property, and assessed costs or requirements perform other obligations; (ii) provides fine index or will confiscated income and administrative law enforcement institutions of funding or welfare treatment linked; (three) interception, and privately or disguised privately confiscated income; (four) will statutory duties into for paid service.
    Article 21st administrative law enforcement organs should set up complaints and suggestions box, timely administrative relative person according to law to respective organisations or law enforcement complaints, complaints and accusations and complaints, and may not refuse or delay and prevarication, consequences should promptly notify the complaints of people.
    Chapter III article 22nd of administrative law enforcement personnel shall be in accordance with the needs of law enforcement agencies, with official staff for administrative law enforcement personnel.
    Article 23rd administrative enforcement by administrative law-enforcement organs of leadership and heads of law enforcement agencies in front of the posts, through the Organization for the harmonization of the legal knowledge examination.
    24th article administrative law enforcement personnel except should has corporate personnel of General conditions outside, while should has competent work of business knowledge and legal knowledge, new hired of administrative law enforcement personnel also should has University Specialist above or equivalent, on had by criminal punishment, and fired public disposition of personnel, and by legal, and regulations provides no engaged in administrative law enforcement work of other personnel, shall not hired for administrative law enforcement personnel.
    25th administrative law enforcement officials beforehand, must participate in the training organized by the legal sector, after passing the examination, reviewed by the Legal Department, after meeting conditions of the administrative law enforcement certificate before they can post law enforcement.
    Apply for a certificate of administrative law enforcement personnel shall be for the staff of law enforcement jobs, and meet other requirements stipulated by laws and regulations, does not meet the conditions of staff, shall not apply for a certificate of administrative law enforcement for its legal institutions.
    Specified otherwise by laws and administrative regulations, received and used uniformly printed by the State Department of administrative law enforcement documents, may no longer apply to the administrative law enforcement certificates.
    26th article administrative law enforcement personnel implementation corporate Shi, should comply with following behavior specification: (a) strictly law perform duties, consciously maintenance legal dignity and Government image; (ii) clothing clean, provides dress of must with unified uniforms; (three) two people above law enforcement, active to administrative relative people show administrative law enforcement documents; (four) instrument dignified, terms courtesy civilization, shall not drink law enforcement; (five) consciously accept legal supervision, and social supervision and other supervision. 27th article administrative law enforcement personnel in administrative law enforcement in the shall not has following behavior: (a) beyond, and abuse administrative law enforcement right or delay, and shuffle, and refused to perform statutory duties; (ii) bribes bribery, and fraud, and negligence, and bending; (three) law enforcement attitude bad, and savage, and insult or disguised insult party personality, and illegal limit or deprived party liberty, itself or instigated others beat, and corporal punishment party; (four) illegal search others of body, and items, and residence or places; (five) illegal charges
    , Expropriation of property, or withheld, privately divide, misappropriated confiscated property; (f) the unlawful request for administrative discharge of obligations; (VII) disclose State secrets, business secrets or personal privacy; (VIII) other violations of the legal rights of administrative relative person.
    The fourth chapter evaluation and supervision article 28th government legal departments at all levels are responsible for the Government-owned administrative law enforcement organs and lower level people's Governments to establish and implement the administrative law enforcement responsibility for evaluation.
    Administrative law enforcement organs should be their law enforcement agencies and administrative law enforcement personnel to perform the administrative duties for evaluation.
    Evaluation of specific content, standards drawn up by the Department of Legal Affairs, the people's Governments at the corresponding level for approval.
    The administrative law-enforcement organs of evaluation programme shall be reported to the Government Legal Department.
    29th article administrative law enforcement accountability comments assessment work annual for once, main content including: (a) administrative law enforcement accountability of organization led and the administrative decision situation; (ii) administrative law enforcement accountability degrees established, and implementation situation; (three) administrative law enforcement institutions and the administrative law enforcement team construction situation; (four) normative file, and major administrative punishment and the to Government name made specific administrative behavior of review record situation; (five) on Government about administrative law enforcement, and administrative reconsideration of command, and decided, of implementation situation;
    (F) carry out administrative procedures; (VII) administrative enforcement of the fault responsibility investigation; (VIII) examination authorities of other content. 30th responsibility system of administrative enforcement evaluation by monitoring work carried out in the following way: (a) the Organization look up peer evaluation and self evaluation and mutual combination;

    (B) the internal review combined with the masses. Through the holding of seminars, distribution of the masses comment cards, the establishment of law enforcement public comment box, and hotline complaints telephone, hire oversight review, the holding of the polls.
    Responsibility system of administrative enforcement evaluation results as important indicators of the annual assessment of the administrative law enforcement organs, (iii) hear the heads of evaluation units for the establishment and implementation of responsibility system for administrative law enforcement reporting; (d) read by evaluation units to implement the responsibility system for administrative law enforcement relevant information (v) random files administrative law enforcement; (vi) examination authorities in other ways. 31st responsibility system of administrative enforcement evaluation by the work out. Evaluation results classified as excellent, good, pass, and fail in four levels.
    95 points or more for good, 85 points or more for good, more than 70 points to pass, below 70 points to fail.
    Evaluation results notified by the level of Government. Article 32nd enforcement evaluation results are important standard to measure the performance of administrative law enforcement organs at all levels.
    Specific rewards and punishments approach by following provides implementation: (a) city, and County (City) District Government according to comments assessment situation, each two years for once "excellent law enforcement pacesetter units" and "excellent law enforcement pacesetter" of appraisals, by this level Government be recognition; and on excellent law enforcement pacesetter units or main led, and is in charge of led, and institutions head and the excellent law enforcement pacesetter be Awards; (ii) administrative law enforcement accountability comments assessment for excellent of units, by this level Government be recognition;
    (Three) on administrative law enforcement accountability comments assessment results for not pass of units, by this level Government issued rectification notice, by legal sector urged rectification, and recommends about sector on the units main led or is in charge of led for commandments from talk; (four) administrative law enforcement organ continuous two years for administrative law enforcement comments assessment not pass of units, by legal sector recommends about sector on its main led and the competent led out now post or give administrative sanctions.
    Article 33rd administrative law enforcement organs should be subject to monitoring, supervision of audit organs according to law. Article 34th administrative law enforcement organs should be supervised by the news media, news media reflect the serious investigation and handled in a timely manner.
    Of significant, involving a wide range of issues, you should also publicize the results. Fifth chapter administrative law enforcement responsibility held 35th article administrative law enforcement organ violation this provides or has following case one of of, by this level Government ordered corrected, and be informed criticism, and according to specific situation, on its main head or has directly responsibility of competent led law give administrative sanctions; constitute crime of, law held criminal: (a) not by this provides established and perfect administrative law enforcement accountability of; (ii) in for administrative license, and administrative ruling, and administrative punishment, and
    Administrative reconsideration, process in the not comply with statutory conditions and program of; (three) not perform statutory duties or illegal law enforcement, damage citizens, and corporate and other organization of lawful rights and interests of, caused major loss or serious social effect of; (four) on administrative law enforcement supervision check in the found of problem refused to corrected of; (five) in one years within similar law enforcement behavior was finds for illegal law enforcement two cases above of. 36th Executive law enforcement agencies work violates the provisions of article 24th article, 25, 26, and treated in accordance with the following provisions.
    If the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    (A) ordered made written check; (ii) informed criticism; (three) temporarily buckle or collection administrative law enforcement documents, deadline out law enforcement post; (four) canceled when assessment first assessment qualification; (five) give administrative sanctions; 37th article administrative law enforcement organ staff one years within received masses complaints three times, by check are true of, by monitored, and personnel sector depending on plot law give corresponding of administrative sanctions. 38th levels the Government Legal Department administrative law enforcement organs and legal bodies responsible for organizing investigations of law enforcement actions put forward views of accountability.
    And law enforcement responsibilities with brainstorming and way.
    Accountability for law enforcement responsibility, should be managed by the responsible authorities in accordance with the authority and the relevant procedures needed by ombudsmen, the personnel Department for a decision, in accordance with the relevant provisions of the State.
    39th on the accountability of those responsible was decided upon, shall be promptly informed of the decision in writing himself. Responsible person not satisfied with the decision, in accordance with the law and relevant regulations of the original deal with authority to apply for a review or appeal to the relevant authorities.
    During the review and appeals, does not affect the implementation of decisions. 40th administrative law enforcement organs and administrative law enforcement personnel in administrative enforcement of violations of administrative relative person's legal rights, harm is done to the personal rights and property rights of administrative relative person, compensation by administrative law-enforcement organs.
    Compensation according to law after willfully, negligently, or administrative law enforcement officers recover part or all of the damages.
    41st engaged in administrative supervision over law enforcement responsibility in supervising the work of the favoritism, fraud, by his criticism of its education; the circumstances are serious, shall be given administrative sanctions.
    Sixth chapter supplementary articles article 42nd the provisions implemented by the Legislative Affairs Office of the municipal government organizations.
                                                      43rd article of the regulations come into force on January 1, 2006.

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