Chongqing Municipal People's Government Decision On Adhere To People-Oriented Innovation And Standard Of Administrative Law Enforcement

Original Language Title: 重庆市人民政府关于坚持以人为本创新和规范行政执法的决定

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(December 15, 2005, Chongqing Municipal People's Government at the 64th Executive meeting on December 20, 2005, Chongqing Municipal People's Government announced the 191th come into force on January 1, 2006) to implement the scientific concept of development to improve administrative law enforcement, better reflect the people-oriented, to promote administration according to law and promoting the development of science, according to the State Council implementation outline for the holistic promotion of administration by law and notice of the opinions on the implementation of responsibility system of administrative law enforcement, combined with the actual Now on the innovation and regulation of administrative law enforcement to make the following decisions: first, adhere to the people-oriented, innovative law enforcement, (a) establish a "people-oriented law enforcement".
    Administrative law enforcement must embody, for the people, to safeguard the fundamental interests of the most people as the starting point and the foothold, with special emphasis on protection of people's health and life safety, pay attention to protect and respect the human dignity of the parties. (B) establish a "justice" concept. Administrative enforcement must follow the principles of fairness, impartiality and openness, between parties from different regions, different occupations, different forms of ownership, should be treated equally without discrimination; purpose exercise of discretion must be consistent with the law, equity, justice, free from party positions, relationships, attitudes of interference.
    Through justice, promote fair competition among market players, and safeguard social harmony and stability. (C) establish the "scientific law" concept.
    Administrative law-enforcement must implement the scientific Outlook on development, focusing on scientific and rational play guidance, standardization, coordination of law enforcement and security functions, by strengthening and improving the administrative law enforcement, promoting comprehensive, coordinated and sustainable development of economy and society. (D) establish a "strict enforcement" concept.
    Administrative law enforcement must be carried out in accordance with the provisions of the laws, regulations and rules, should pay attention to the real legal and special attention to procedure; as well as attention to prevent the as, but also special attention to the prevention of administrative omission. (E) establish the "responsibility of law enforcement".
    Administrative law, rules and regulations and law enforcement agencies must fulfil its mandate, and assume the corresponding responsibility; administrative enforcement of illegal or improper, must bear the legal responsibility for realization of unity of powers and responsibilities, realistically do right must be responsibility, the right to use supervised, infringement shall compensate, illegal holds. And embody the powers and responsibilities of the second unity, reform of the law enforcement system (a) promoting the integrated reform of administrative law enforcement. Speed up the establishment of clearly specified powers and responsibilities, conduct and supervise the effective and adequate logistic support system of administrative law enforcement, to resolve law enforcement, repeated problem for law enforcement, law enforcement inefficiencies.
    Carry out the power of relatively concentrated administrative punishment pilot work, actively explore the power of relatively concentrated administrative licensing, deepen comprehensive administrative reform. (B) the scientific allocation of executive law enforcement functions. Divided according to law and normative functions and competence of the administrative law enforcement organs at all levels, to solve the problem of overlapping functions inefficiently, and.
    Scientific setting approved by the administrative law-enforcement agencies, administrative law-enforcement staff, achieve the legalization of administrative law enforcement organization, functions and staffing. (C) administrative law enforcement requirements of full security. Normal requirements for full implementation of administrative law enforcement fully guaranteed by the financial institution. Strictly implementing the "two lines of income and expenditure" management and collection of isolation and separation, and pay the penalty system of administrative law enforcement powers and responsibilities linked to, decoupled from interest.
    Generate revenue through fines, fees is strictly prohibited. (D) reasonable and delegate administrative authority.
    On daily life in close contact with the masses of the market regulation, administrative law enforcement activities such as inspection of law enforcement, administrative punishment, should be authorized or entrusted to, the focus gradually down to the counties (autonomous counties, and cities), administrative law-enforcement organs; municipal administrative law enforcement agencies focused on policy research, supervision and guidance, and to organize and coordinate major illegal cases. (V) the classification of administrative law enforcement responsibility.
    Administrative law-enforcement organs at all levels should be based on the provisions of laws, regulations and rules, and identify the organs of law enforcement jobs, specific law enforcement responsibilities for law enforcement personnel, and according to the different situations of breach of statutory duty, determined shall bear legal liability according to law. Third, pay attention to the procedural regulation, improve law enforcement system (a) establishing and perfecting the system of administrative law enforcement entity.
    Administrative law enforcement by administrative organs in accordance with its statutory mandate implemented laws or regulations of other organizations authorized or lawful delegate of the executive authorities, do not have executive law enforcement entity shall not exercise the power of administrative law enforcement.
    On administrative license, the administrative sanctions, administrative hearing, administrative reconsideration of qualified law enforcement personnel training and management; lack of administrative law enforcement personnel qualifications, are not allowed to engage in law enforcement activities.
    Regular cleaning, confirmed and announced to the public various kinds of administrative law enforcement agencies subject qualification; periodic cleaning, announcements, testing various types of administrative law enforcement personnel qualifications and certificates. (B) establishing and perfecting the system of administrative law enforcement on access.
    Administrative law-enforcement organs must be regularly on law enforcement activities on the basis of laws, rules and regulations to clean up, and to the public.
    Normative documents must be cleaned regularly to make violations of the law, regulations normative documents and regulations of abolition must immediately stop execution and timely public notice.
    Administrative organs at various levels by the regulations established by the comprehensive cleanup and other normative documents, each at least once within the term of the Government. (C) establishing and perfecting internal supervision and restriction of administrative law enforcement system.
    Administrative law enforcement agencies investigate and deal with cases of administrative violations, filing a case, investigation, ruling to be implemented, perform four basic steps "away from each other, mutual supervision" System. (D) establish a sound administrative and case transfer system illegal clues.
    Violation of administrative law enforcement agencies found that administrative clues or filed and prosecuted cases in violation of process, have no jurisdiction over the case to send a written letter of referral of cases, thread and material transferred jurisdiction over cases of law enforcement agencies, law enforcement agencies having jurisdiction shall not for any reason refuse to accept and transfer the results communicated in writing. (E) establish and improve the implementation of the new system of report of the implementation of the laws, regulations and rules.
    Administrative law-enforcement organs must be in new laws, rules and regulations one year after its implementation, reporting to the level of Government implementation. (F) to establish and improve the system of basic standards of discretion of administrative penalty.
    Municipal administrative law enforcement organs according to the public interest, local economic development, the party of tolerance and other factors, make proper use of normative documents and the exercise of administrative penalties such as fines, laws, rules and regulations of administrative penalty discretion refinement, exercise discretion in accordance with the basic standard. (G) establish and improve the avoidance system in the administrative law enforcement.
    Administrative law enforcement personnel and of parties directly interested, shall take the initiative to apply for withdrawal without active avoidance, administrative law-enforcement organs must decide whether his withdrawal. (H) establishing and perfecting the system of administrative law enforcement personnel certified. In the examination of evidence or law enforcement, administrative law enforcement personnel shall be not less than two, and produce to the party or person concerned administrative law enforcement certificates.
    Administrative law enforcement is not produced, the party or person concerned may refuse to investigate or review. (IX) establish administrative penalties and enforcement information system. Before making a decision on administrative penalty, it shall inform the party making the basis for administrative punishment, facts and reasons, and shall inform the parties of rights and obligations.
    Failure to perform obligations, administrative punishment cannot be justified.
    Prior to or apply to the Court for enforcement of administrative enforcement, administrative law enforcement to use the telephone, in writing, interviews or any other means once again informed the parties concerned must comply with the statutory obligations, as well as the legal consequences of failure to comply with statutory obligations. (J) establishing and perfecting the system of administrative law enforcement instruments used regulate.
    Document making of administrative law enforcement to the laws, rules and regulations as a basis for law enforcement, not according to other normative documents.
    Chief law enforcement instruments should gradually reduce the issuance of instruments used, the implementation of administrative law enforcement instrument-making.
    Administrative enforcement document format specification, content should be rigorous, rich said, and should be made by a party in the main instrument to defend themselves and the discretionary exercise of the right of reply and clarification. Four, focus on administrative efficiency, improve law enforcement mechanisms (a) standardize and perfect the mechanism of the joint. Administrative law enforcement organs should be based on the level of government requirements or rectification work required administrative law enforcement joint unified arrangements for joint law enforcement matter, methods, procedures, measures, notification and communication work of law enforcement, coordinate joint law-enforcement controversy, study the new situations and new problems to solve joint law enforcement.
    Matters agreed upon in the form of minutes of meetings of the Conference to send law enforcement agency, the law enforcement organs regularly submit joint law enforcement. (B) improve the joint law enforcement mechanism.
    Same-level administrative law enforcement organs for the city administration, food and drug markets, cultural markets, enterprises, social security is more prominent in the field of violations or the people special rectification activities reflect a strong sense of social issues, should focus on enforcement, implementation of joint law enforcement.
    United led law enforcement organs should earnestly carry out coordination responsibilities, relevant authorities should actively cooperate with and not on parallel tracks shall not shirk their responsibilities. (C) to standardize and perfect the joint law enforcement mechanism. Municipal law enforcement agencies and counties (autonomous counties, and cities) to law enforcement agencies to establish a joint law-enforcement system and increase the level of law enforcement in the linkage.
    Joint law enforcement powers and responsibilities on both sides should be defined according to law, the rational allocation of law enforcement power. (D) standardize and perfect the enforcement mechanisms of interaction.
    Same-level system of administrative law enforcement organs to establish interaction between law enforcement, to ensure that the law enforcement authorities in the course of administrative law enforcement need to relevant law enforcement agencies committed to support (Coordinator) obligations to make timely and effective cooperation.
    Law enforcement authorities to assist in the investigation, the application of coercive measures, such as assistance (Management Assistant) requirements, as long as the procedures are complete, process, collaboration organs should cooperate on time and without conditions. (E) VAT resource sharing mechanism.
    Between administrative law enforcement organs should make public their information, technology and resources, providing convenient query, for other agencies to request query information, information, data, the requested authority shall timely, free.
    Law enforcement information exchange platform should be established to maintain timely, sensitive information, grasp the illegal tendency to prevent illegal parties using geographical, time differences, mobile crime. Should establish effective communication means and channels, signed a cooperation agreement, the establishment of focal points, such as, networking, providing each other with the enforcement work.

    (Vi) standardize and perfect the adjustment mechanism of law enforcement.
    Administrative law-enforcement organs enforce laws, regulations and regulatory disputes or other problems in the process, first by the administrative law-enforcement agencies consult each other to resolve the dispute through consultation, coordinated by the Government legal organization at the same level; coordination fails, shall be common administrative organ at a higher level award. Five, focusing on human rights protection, improve law enforcement (a) adhere to the priority of education punishment fit.
    Administrative law enforcement should reflect the priority of education, shall not be punished to teach, had minor and correct their illegal, no harmful consequences for the parties, should be based on education, no administrative penalty.
    To the disabled, the unemployed and migrant workers, the first offence and the illegality and harmful consequences of obviously minor and can be corrected, it shall give warning, in principle, no fines or confiscation of property.
    Administrative penalties of more than really necessary to give a fine, should reflect the penalty, penalties shall not be any undue reason. (B) protection of the statements of the parties and the rights of defence.
    Statement of the parties must be heard and defend himself, on the facts, reasons and evidence submitted by the parties, should be carefully recorded and reviewed.
    A conditional statement of administrative law-enforcement agencies to set up rooms, hearing rooms and other places of presentation and defence, for facilitating the parties ' statements and defence. (C) the parties right to hearing.
    Suspend, revoke a permit or licence, larger fines and other administrative punishment decision, the rights of the parties concerned must be informed of the hearing and hearing at the request of the parties.
    Laws, regulations and rules provide for the implementation of administrative licensing matters should be hearing or administrative hearings it deems it necessary, other major administrative licensing matters concerning public interest, the administrative organ shall be announced to the public, and conduct a hearing. (D) improving administrative enforcement cases a return visit.
    Administrative licensing and penalized after a decision on the parties to take a proper manner of administrative license, sanctions compliance visits, in particular, to take seriously the parties reflect the problems and difficulties, solutions to help solve, cannot be solved for the time being or is available, addressing the interpretation of the conditions. (E) pay attention to listening to interested persons or victims. The implementation of administrative licensing, to hear the views of stakeholders and, if necessary, hold a hearing.
    After the administrative penalty imposed on illegal party and listen to the views of interested persons or victims, mainly listening to the views of rectification of violations committed. (F) maintaining the lawful rights and interests of the parties and their relatives.
    In the course of administrative law enforcement, should pay attention to protect the legitimate rights and interests of illegal parties there should be; to illegal parties and the differentiation of their relatives, in particular, to protect their legitimate rights and interests of the elderly, underage children. (G) strengthening the credit management of administrative relative person. Of Administration relative to strengthening credit education, fostering honest, law-abiding, good character.
    Good for credit evaluation, strengthening self-discipline management, reducing the number of law enforcement inspection; for poor credit evaluation, focus on education, pairing seminars, assistance and education, promote honesty and discipline, conscientiously abide by the law. (H) effective delivery of administrative law-enforcement related services.
    According to the specific situation of the law enforcement bodies, drawing up of service specifications, granting law enforcement services, informed the Administration Executive law enforcement services, service, services, time, telephone and so on.
    The implementation of administrative licensing and administrative fees to implement "a window to foreign" system, establish a guide or electronic touch screen, convenient for people querying. (I) increasing efforts to deal with major violations committed. To seriously disrupt the market economic order, against people's human dignity, health and life safety, endangering public security and violation of public interests, must strictly enforce the law, severely punished.
    The intent and the illegality and harmful consequences of serious or aggravated illegal, should be punished. (J) regulating administrative law enforcement terminology, and mark.
    Administrative law-enforcement organs at all levels to combine the real, civilized language developed the system of administrative law enforcement personnel, strict implementation of the provisions of national law enforcement, proper use of administrative law enforcement logo, equipment, so civilized, etiquette, law enforcement. Six, highlighting accountability, strengthen supervision and restriction (a) advancing responsibility system for administrative law enforcement.
    People's Governments at all levels should strengthen leadership on implementation of the responsibility system for administrative law enforcement; administrative law enforcement organs at all levels must, in accordance with administrative law enforcement responsibility system and the requirements of this decision, the development and implementation of the responsibility system of administrative law enforcement and supervision; government legislative bodies at all levels of the administrative law enforcement responsibility system should be working to strengthen coordination and supervision and inspection. (B) strict application of administrative law enforcement file archive and comment on investigations.
    Citizens, legal persons and other organizations, the inspection of law enforcement records, material evidence, a law enforcement instrument and other materials should be filing, law making, bookbinding, and archive files should be standardized and orderly.
    Shall be the subject of qualified law enforcement cases, procedure legal, the facts are clear and irrefutable evidence and legal right.
    Administrative law enforcement organs shall annually file archives and case comments on the quality of investigation, government legislative bodies at all levels should be carried out annually on their checks. (C) the effective strengthening of law enforcement fault liability. Must discover the cause and the responsibility in cases of administrative offences and serious treatment.
    For illegal administrative fault law enforcement officials must be held accountable, resulting in serious consequences shall be accountable to the Chief Executive to implement; for persons not suitable to continue to work with law enforcement in legal revocation certificate of administrative law enforcement by the Government and by the administrative law-enforcement organs be removed from law enforcement jobs; unlawful administrative act shall bear the liability for losses caused to a party.
    Law enforcement fault responsibility investigation results should be open to the public. (D) seriously carry out the law enforcement examination and appraisal.
    People's Governments at all levels are responsible for their administrative law enforcement organs and administrative enforcement of the lower level people's Governments for examination and appraisal; administrative law enforcement organs at all levels are responsible for the administration of its law enforcement agencies and administrative examination and appraisal of administrative enforcement of law enforcement personnel.
    Review on administrative law enforcement agency or law enforcement personnel, must listen to the views of the administration.
    Administrative law-enforcement examination and appraisal results as Governments at all levels to their law enforcement bodies and lower-level people's Government, an important basis for annual work target. (E) the comprehensive strengthening of the administrative review.
    Administrative organs at all levels in conformity with the law of administrative reconsideration must be legally inadmissible; administrative reconsideration cases must emphasis on facts, evidence, procedures, administrative reconsideration decision just taken, resolutely correct the illegal or improper acts of administrative enforcement, protecting the legitimate rights and interests of the parties.
    Administrative reconsideration organs at all levels should continue to explore efficient, accessible, fair and timely processing of administrative dispute mechanism. (Vi) promoting administrative heads of law enforcement agencies appear in court and participate in the administrative reconsideration cases heard in public. Administrative heads of law enforcement agencies in the administrative proceedings the parties or participants in the administrative reconsideration of companies to participate in administrative proceedings or administrative review cases heard in public, lead the way in promoting administration according to law.
    The various districts and counties (autonomous counties, and cities) departments of people's Governments and municipal authorities in the administrative organs being sued or when it is applied for reconsideration, appear each year responding to or participate in the administrative reconsideration cases heard in public at least once. (G) encourage and support the community and media supervision.
    Citizens, legal persons and other organizations have the right to supervision of the administrative law enforcement organs at all levels of law enforcement and found violations of administrative law enforcement, according to this decision and complaints reported to the supervisory organs and government legal agencies. Encourage support for administrative violations committed by law enforcement agencies at all levels of exposure by the news media.
    Levels of supervisory organs and government legal agencies should establish and improve the news media cases tracing system and the investigation results release system.
    Seven, municipal and administrative law enforcement organs should be based on the laws, regulations and requirements of the present decision, completing the administrative law enforcement system of administrative law enforcement, law enforcement based on the powers and responsibilities, law enforcement, law enforcement personnel, law enforcement instruments "five clear", the level of government legal agencies after the audit to the public. Eight, all districts and counties (autonomous counties, and cities) should be combined with the departments of people's Governments, municipal area and the actual situation of the sector, develop follow-up measures for the implementation of the present decision, submitted to the municipal people's Government for the record.
    Municipal people's Government shall on an annual basis to carry out the decisions of the special law enforcement and inspection, inspection results into the year-end target.
    In this decision, the term refers to the administrative law enforcement, administrative law-enforcement organs at all levels (including authorization, and entrusted with the Organization), in accordance with the power conferred by laws, rules and regulations, specific types of administrative actions in accordance with legal proceedings. Ten, this decision shall enter into force on January 1, 2006.
                                  Relevant provisions of the municipal people's Government in the past and is inconsistent with the decision, is subject to this decision.