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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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(Summit No. 47th ordinary meeting of the People's Government of Glin, 24 November 2005 to consider the adoption of Decree No. 167 of 25 November 2005 on the People's Government Order No. 167 of 25 November 2005 on 1 January 2006)

Chapter I General
Article 1 promotes the legal administration of the executive branch, in order to regulate administrative law enforcement and to develop this provision in accordance with the relevant laws and regulations.
Article 2 refers to the administrative law enforcement responsibilities described in the present article, which refers to the responsibilities of the communes of the city, the district (commune) and the communes, in accordance with their statutory responsibilities and powers, to the implementation of the law enforcement services, administrative law enforcement agencies and every law enforcement service, and to the supervision, conduct of the work system, vetting, award and punishment.
Article III. Administrative law enforcement agencies within the city's administration, organizations with administrative law enforcement powers authorized by law, legislation and regulations, as well as administrative authorities, which are mandated by law to perform administrative law enforcement responsibilities (hereinafter referred to as administrative law enforcement agencies).
Article IV.
The rule of law institutions at all levels of administrative law enforcement are specifically responsible for the implementation of the executive law enforcement responsibilities of this body.
Departments such as personnel, inspection, are working in line with their respective responsibilities in the area of administrative law enforcement responsibility.
Chapter II
Article 5. Administrative law enforcement authorities must be subject to administrative law enforcement. Its law enforcement is governed by law by the law of the Government's rule of law and is public in society.
Changes, such as the name of the executive law enforcement body, should be submitted in a timely manner to the current Government's rule of law sector and to the social announcement.
Article 6. Administrative law enforcement agencies should strengthen the organizational leadership of the executive law enforcement responsibilities, with the executive head responsible for the implementation of the law, which is the first responsible person for the administration of justice in this organ, and assume the primary responsibility for the administration of justice in this organ. Its leadership is responsible for the management of administrative law enforcement.
Article 7. The executive law enforcement body shall, in accordance with this city, promote the administration of law, build the Government planning of the rule of law, make clear administrative law enforcement objectives and duties, and establish administrative law enforcement accountability rules in accordance with the administrative law enforcement accountability considerations established by the Government.
In accordance with the statutory responsibilities, the executive law enforcement organs should clarify the law enforcement responsibilities of each competent authority, each law enforcement agency, agency head and each law enforcement officer.
Article 8. Administrative law enforcement authorities shall establish rules and procedures for the sound administration of justice, in accordance with the provisions of laws, regulations and regulations, as well as proactive public law enforcement responsibilities and powers, law enforcement procedures, etc.
Article 9. When administrative law enforcement agencies develop normative documents, they shall not be granted administrative licences, administrative expenses, administrative penalties, etc., as authorized by the rule of law of the organ. Normative documents should be reviewed by the Government's rule of law sector.
Article 10 Administrative law enforcement agencies should establish municipal government regulations for the inspection, reporting system, and regulations for the implementation of a year must be reported to the current Government.
Article 11. Administrative law enforcement authorities shall be reviewed by the current Government's rule of law before making specific administrative acts on behalf of the Government.
Article 12 In making significant administrative sanctions and other major decisions, the executive law enforcement organs shall, through collective discussions, decide to organize or hear evidence under the law and to hear the views of the rule of law institutions. Significant administrative penalties must be provided to the current Government's rule of law sector.
Article 13. Administrative law enforcement authorities should strictly observe statutory competence, scope, conditions and procedures in the implementation of administrative licences, administrative fees, administrative decisions, administrative sanctions or administrative coercive measures.
Article 14. In carrying out law enforcement inspections, testing, testing, etc. activities, the executive law enforcement authorities must comply with the statutory procedures, in accordance with the statutory requirements, without prejudice to the normal work of the relative administrative person and shall not undermine the legitimate rights and interests of the administrative relative.
Article 15. Administrative law enforcement authorities shall strictly enforce the orders, decisions and decisions of the current Government relating to administrative law enforcement, administrative review, etc., without delay, refusal and prestigation.
Article 16, in accordance with the law of the executive branch, shall entrust the relevant organizations with the exercise of their law enforcement authority and shall receive a letter of commission, specifying the competence, content and time frame, and submit a case to the Government's rule of law.
The delegated organization should strictly perform administrative law enforcement responsibilities in accordance with the scope of competence set out in the letter of commission, without transversing or abuse of its mandate.
Administrative law enforcement authorities should provide regular guidance and oversight to the administrative enforcement of the delegated organization.
Rule of law institutions in the district (market) government and administrative law enforcement agencies are responsible for organizing the clearance of administrative law enforcement documents in the region, the authorities and law enforcement officials.
Administrative law enforcement agencies should establish a system of accountability for administrative law enforcement. The competent or administrative law enforcement officers who have been mistaken in administrative law should be held in accordance with their degree of error.
Article 19 The executive law enforcement body should establish a system for improving administrative review vetting, which is responsible for administrative review cases involving this organ. There is a need for hearing, attended by leading or competent leadership.
Article 20
(i) Expropriation of property, assessment costs or other obligations to the administrative relative;
(ii) Provide for a fine indicator or link forfeiture to the funding or welfare of administrative law enforcement agencies;
(iii) Separation, private separation or transcendition forfeiture;
(iv) The translation of statutory responsibilities into paid services.
Article 21, the administrative law enforcement body shall establish a complaint telephone and an opinion box, which shall promptly deal with complaints, complaints, prosecution and complaints by a relative administrative officer against a body or law enforcement officer, shall not be denied, delayed, prestigious, and the outcome shall be communicated to the complainant in a timely manner.
Chapter III Administrative law enforcement personnel
In accordance with the requirements of work, the executive law enforcement agencies should be equipped with official staff as administrative law enforcement officials.
Article 23, the leadership of the executive law enforcement authorities and the heads of law enforcement agencies responsible for administrative law enforcement, should be subject to a uniform legal knowledge examination.
Article 24, in addition to the general conditions of public service personnel, should be competent to work with the legal knowledge and legal knowledge, and new executive law enforcement officers should also have higher or equal qualifications at the university level, criminal punishment, dismissal of persons who have been disposed of in office and other personnel who are not permitted to engage in administrative law enforcement in accordance with law, legislation and regulations.
Article 25 Priorities for executive law enforcement personnel must be trained in the organization of the rule of law sector, which is subject to review by the municipal authorities' rule of law, in accordance with the terms of the administrative law enforcement certificate.
The applicant's administrative law enforcement documents shall be an official member of the law enforcement office and in accordance with other conditions set out in the law, and the rule of law institutions shall not have administrative law enforcement documents to which they are present.
The laws, administrative regulations contain special provisions for the receipt and use of administrative law enforcement documents, which are compiled by the Department of State-owned departments, may no longer be granted administrative law enforcement documents.
Article 26
(i) To carry out its duties in strict accordance with the law and to defend the dignity of the law and the image of the Government;
(ii) The integrity of the clothing and the requirement for uniformity;
(iii) More than two law enforcement officers have offered to produce administrative law enforcement documents to their counterparts;
(iv) At the end of the table, the language is civilized and no later law enforcement is permitted;
(v) Be aware of legal oversight, social oversight and other oversight.
Article 27 shall not include:
(i) Exclusive, misuse of administrative law enforcement or delays, inference and refusal to perform statutory duties;
(ii) Solidarial bribery, misappropriation, negligence and infrastructuralism;
(iii) Distinguished, barbaric, humiliating or humiliating the individual, unlawful restrictions or depriving the person of the party of his or her personal liberty, or by instigating the person to beating, corporal punishment;
(iv) Search of the body, goods, residence or place of others in violation of the law;
(v) Illegal charges, royalties or seizures, private subsidiaries and misappropriation of funds;
(vi) The violation requires the performance of the duties of the administrative relative;
(vii) Disclosure of State secret, commercial secret or personal privacy;
(viii) Other violations of the legitimate rights and interests of the administrative relative.
Chapter IV Review of the conduct of the review and monitoring
Article 28 provides for a review of the establishment and implementation of administrative law enforcement responsibilities by all levels of government rule of law.
Administrative law enforcement agencies should conduct a review of the performance of administrative law enforcement duties by law enforcement agencies and administrative law enforcement personnel.
The specific content of the review is developed by the rule of law sector and implemented by the Government of the people at this level.
The review of the evaluation of the various administrative law enforcement bodies shall be submitted to the Government's rule of law sector.
Article 29 conducts an annual review of administrative law enforcement responsibilities, including:
(i) Organizational leadership and administrative decision-making in the administration of justice;
(ii) The establishment and implementation of the administrative law enforcement responsibility regime;
(iii) The construction of administrative law enforcement agencies and the executive branch;
(iv) A review of normative documents, major administrative penalties and specific administrative actions by the Government;
(v) Implementation of the Government's orders for administrative law enforcement, administrative review and decision-making;
(vi) Implementation of administrative law enforcement procedures;
(vii) The accountability of administrative law enforcement;
(viii) Other elements identified by the appraisal body.
Article 33 Review of administrative law enforcement responsibilities with the following modalities:
(i) Integration of the self-assessment and mutual evaluation by the organization of the evaluation and the organ;
(ii) The internal review is combined with the popular review. The popular review could be carried out through the convening of a colloquium, the issuance of a law enforcement review card, the establishment of a public opinion box, the establishment of a specialized complaints report telephone, the hiring of a member of the oversight board, and the conduct of a popular test. The results of the evaluation of administrative law enforcement responsibilities are an important indicator of the annual strength of executive law enforcement agencies;
(iii) Hearing the report of the head of the archaeological unit on the establishment and implementation of administrative law enforcement responsibilities by this body;
(iv) Access to information on the implementation of administrative law enforcement responsibilities by the archaeological units;
(v) A sample of administrative law enforcement files;
(vi) Other modalities identified by the archaeological body.
Article 31 quantification of administrative law enforcement responsibilities for the review of the conduct of the examination of the examination. The results of the review are divided into four levels of excellence, goodness and depth. More than 95 are excellent, more than 85 are good and more than 70 are poor.
The results of the review are communicated by the Government.
Article 32, the results of the IPR are an important criterion for measuring the performance of executive law enforcement agencies at all levels. Specific awards and penalties are implemented in accordance with the following provisions:
(i) The municipal, district (market) government conducts a biannual assessment of the “excellent law enforcement units” and “excellent law enforcement markers”, based on the review of the examination of the nuclear situation; and awards for excellence in law enforcement units or major leadership, scoreheads, heads of institutions and excellence in law enforcement personnel;
(ii) The responsibilities for administrative law enforcement are vested in the Principal Government;
(iii) A review of administrative law enforcement responsibilities as a non-exclusive unit, by means of a letter of restatement by the current Government, to be restructured by the rule of law sector, and recommends that the relevant authorities conduct a waiver of the principal leadership or management of the unit;
(iv) The executive law enforcement body has been an administrative law enforcement review unit for two consecutive years, with the rule of law sector recommending that the relevant departments should relocate their main leadership and lead to the redeployment or administrative disposal of their positions.
Article 33 should be subject to the supervision of the inspectorate, the auditing authority.
Article 34, executive law enforcement agencies should be subject to the supervision of public information opinion, to investigate carefully the issues reflected in the media and to address them in a timely manner. The results should also be made available to society on issues that affect significant and broad scope.
Chapter V
Article XV, in violation of this provision or in one of the following cases, is vested in the Government of the people at this level, criticized them and, according to the circumstances, the executive disposition of their principals or heads responsible for their direct responsibility is governed by the law; and criminal liability is held in accordance with the law:
(i) The establishment and improvement of administrative law enforcement responsibilities under this provision;
(ii) Non-compliance with statutory conditions and procedures in the conduct of administrative licences, administrative decisions, administrative sanctions, administrative review;
(iii) The failure to perform statutory duties or to enforce law, undermine the legitimate rights and interests of citizens, legal persons and other organizations, causing significant loss or serious social consequences;
(iv) The problem identified in administrative law enforcement oversight inspections is not rectified;
(v) In one year, the same type of law enforcement is found to be more than two cases of law enforcement.
Article XVI, in violation of articles 24, 25 and 26 of this provision, is dealt with in accordance with the following provisions. The circumstances constitute serious crimes and are criminally prosecuted by law.
(i) A written inspection order;
(ii) To inform criticism;
(iii) Removal or seizure of administrative law enforcement documents, which are transferred from the law enforcement service;
(iv) Removal of pre-emptive qualifications;
(v) Administrative disposal;
Article 37 staff members of the administrative law enforcement agencies received three mass complaints within a year, and the evidence was valid, and the inspection, the personnel sector, depending on the circumstances of the law, gave the corresponding administrative disposition.
The rule of law institutions at all levels of the Government's rule of law and administrative law enforcement are responsible for organizing investigations into violations of law enforcement and raising accountability. It was also discussed collectively to determine the accountability and accountability of violations.
Accountability for law enforcement should be held by the responsible organ in accordance with the authority of management and related procedures, subject to a decision to be taken by the inspectorate, the personnel sector and in accordance with the relevant national provisions.
The decision should be followed in a timely manner by written notification to the responsible person after the decision is taken by article 39.
The responsible person may apply for review by the competent organ, in accordance with the law and the relevant provisions, or submit a complaint to the competent organ. During the review and the appeals period, it does not affect the implementation of the decision.
Article 40. Administrative law enforcement agencies and their administrative law enforcement officials violate the legitimate rights and interests of the executive relative human being in administrative law enforcement activities, causing damage to the personal rights of the relative administrative person, property rights and property rights, and compensation by administrative law enforcement agencies. Reparation is followed by the law to recover some or all compensation costs to administrative law enforcement personnel who are deliberately or have suffered.
Article 40. Persons engaged in administrative law enforcement responsibilities in the conduct of inspections of private fraud, misappropriation, criticism of education by their units, and, in the event of serious circumstances, administrative disposition by law.
Annex VI
Article 42
Article 43