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Standardizing Administrative Behavior In Jilin Province Building Government Governed By Law Certain Provisions

Original Language Title: 吉林省规范行政行为建设法治政府若干规定

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(Summit 4th ordinary meeting of the People's Government of Glin, 25 May 2005 to consider the adoption of Decree No. 176 of 17 June 2005 of the People's Government Order No. 176 of 17 June 2005 on 1 July 2005)

Chapter I General
Article 1, in order to regulate administrative conduct, advance the administration of the law, build the rule of law, adapt to the need for economic revitalization and the development of social causes, and develop this provision in line with the relevant laws, regulations and the State Department's Comprehensive Framework for the Implementation of the Law.
Article II is subject to this provision by the executive organs and organizations that implement administrative administration within the province. The laws, regulations and regulations also provide for their provisions.
Article 3. Governments and sectors of origin shall be governed by the basic requirements of the law, in accordance with the legitimate administrative, reasonable administration, due process, effective and efficient public, integrity and accountability.
Article IV should be strictly followed by statutory procedures to promote the democratization and scientificization of administrative decision-making; and to guarantee the right to information, participation and relief of the relative administration.
Article 5 Governments and the respective sectors should strengthen their leadership in advancing the legal administration.
Article 6
Chapter II
Article 7.
Article 8. The executive body must exercise its functions in accordance with the law, without a statutory basis, and the executive branch shall not take decisions that affect the legitimate rights and interests of the administration or increase its obligations.
Article 9. Where citizens, legal persons and other organizations are able to deal autonomously, market competition mechanisms can regulate, industry organizations or intermediary agencies can resolve matters through self-regulation, the executive branch shall not resolve through administrative management, except as otherwise provided by the law.
Article 10
Chapter III
Article 11. The executive body shall establish administrative decision-making mechanisms that integrate public participation, expert opinions and government decisions. Implementation of legal decisions, scientific decision-making and democratic decision-making.
Article 12 Governments and sectors of origin are required to take the lead in the search for good faith, the solicitation commitment, or administrative licence decisions and other policy measures shall not be subject to the provisions of the superior law and shall not be altered accordingly.
Decisions, orders and other normative documents are issued by more than tiers of government or office, and any related to the relationship of the relative rights obligations of the administration must be reviewed and made available to the Conference by the current Government's rule of law sector.
Article XIV should provide the same services and protection to a variety of types of enterprises and should not be subject to differential treatment for all systems, scales and benefits. Cessation of practices that violate the principle of fair competition, such as the priority protection of enterprises, the protection of the cards.
Article 15 Matters such as construction projects for government investment, procurement of large-scale items and transfer of State assets should be introduced. The executive or law enforcement officials shall not be empowered to interfere with activities such as the licence of the resource category, the solicitation of tenders and the location of the project.
Article 16 addresses all violations and security accidents under the law and shall not be subject to suspension and suspension of the industry as a result of a violation by individual enterprises or a security accident.
Chapter IV
Article 17 Governments at the district level must create conditions for the implementation of the provisions of the administrative licence law relating to the harmonization, joint or centralized handling of administrative licence matters.
Article 18 requires the establishment of a number of institutions within the executive branch, which shall determine whether an institution is in charge of the harmonization or harmonization of the application for administrative licences and the harmonization of an administrative licence decision.
Article 19 promotes the e-government process and strives to create conditions that enable the applicant to access the information of the Government through the e-government service platform to deal with the application of administrative licences.
Article 20 imposes administrative licences that are not required by the applicant for the purchase of a commodity or for the provision of a remunerated service and the acceptance of the designated services, without unlawful collection of mortgages, bonds or other expenses not related to administrative licence matters. The executive body shall free of charge the text of the administrative licence application.
Article 21 Staff of the executive branch shall not be required or accepted by the applicant's property and shall not seek other benefits.
Article 2 The applicant's submission is in full and in accordance with the statutory form, and the executive body is able to make decisions at the time and shall make written administrative decisions.
Article 23, when the administrative authority examines the application of administrative licences, found that administrative licence matters directly related to the important interests of others and should be informed of the owner. The applicant, the stakeholder have the right to make a presentation and the defence. The executive body should hear the views of the applicant and the stakeholder. The right of the applicant and the stakeholder to request a hearing should be informed of compliance with the statutory conditions. The applicant, the jurists have made requests for hearing, and the executive body should organize hearings in accordance with the law.
Article 24 shall be compensated in accordance with the provisions of the National Compensation Act.
Article 25, in addition to legislation, regulations or equipment, facilities, products and goods relating to public safety, personal health, safety of property, cessation of the annual inspection of the licensee.
Chapter V Administrative fees
The documents issued by the municipality, the State's Government and the following administrative organs shall not create administrative charges.
Article 27 strictly controls the establishment by the province of a project for administrative expenses. It must be set up to be approved by provincial finances, price authorities, and important administrative charges are subject to approval by the provincial government.
Article 28 sets up administrative fees and shall be chaired by provincial finances, price authorities to conduct colloquiums, exhibitions, or through written requests for advice, to receive widely the views of the contributory and other relevant sectors or units.
Article 29 provides a wide range of administrative fees and is charged in principle at the lower rate. The specific criteria should be determined by the unit of fees, and the fees should not be discretionary. Removal of charges projects to change the scope, target, duration and frequency of charges. No one-time fee shall be charged for the duration of the period to which it should be paid.
Article 33 units implementing administrative fees and those directly engaged in charges must obtain the royalties, the Fellows, or the Administrative Enforcement Evidence, respectively, from the price authorities. A person who does not produce a personal document may refuse to pay.
Article 31 provides for self-charging or forfeiture services under statutory projects, scope, standard charges or forced service, and the price authority is responsible for refunding the cost of unlawful charges.
Article 32 imposes administrative licences and conducts oversight inspections on administrative licence matters, and does not collect other costs except as otherwise provided by law, legislation and regulations.
Article 33 governs matters within the purview of the duties, without legal, regulatory or regulatory basis, and does not authorize sub-offices or other intermediary agencies to handle the manner in which they provide paid services or receive designated services.
Article 34 imposes a system of charge notification. The administrative charging unit shall, at the time of the fees, present the documents on which the fees are based and receive the fee notice (and may also be provided in the statement of the fee), communicate the basis, scope, criteria, targets and the right to apply for administrative review and administrative proceedings to the parties. The bill of fees is based on uniformity of provincial price authorities and published in newspapers.
Article XV regulates the operation of the monopoly industry by government pricing after holding public price hearings.
Article 36 shall not be charged by an administrative organ for the operation. Intermediation institutions such as audit, accounting, assessment, lawyers, solicitation and institution-building must be distracted from administrative authorities.
Article 37 prohibits administrative organs and units with administrative functions, without a statutory basis requiring the relative human, material or financial resources of the administration.
Article 338 prohibits administrative authorities from organizing training courses that require business participation and fees. There is a statutory basis for approval by financial and price authorities.
Article 39 imposes the acquisition, replacement of equipment, facilities that require the administration of the relative to the costs, and shall be approved by the Government of the people at the local district level.
Article 40 Administrative law enforcement units are required to strictly implement the terms of income and expenditure, and the payment of administrative licences, penalties and fees shall be paid in full. The financial sector shall not return or return to administrative law enforcement units in any form. Expenditures for law enforcement units shall be included in the financial budget and shall not be used as a source of funds.
Article 40 does not oblige the administration to purchase newspapers, books, magazines, audio-visual products; to refrain from requiring participation in social groups such as associations, academics, research boards, etc.; and to require participation in advertising, evaluating awards and commercial insurance without legal basis.
The contributions of various social groups, such as associations, institutes and research associations, shall be carried out in accordance with the resolutions adopted by the General Assembly of Members and are submitted to the registry administration.
Chapter VI Administrative penalties
The implementation of administrative penalties should be consistent with the combination of penalties and education, the prevention and redress of violations and the maintenance of good social management order as a goal pursued. Administrative offences may be committed or are being committed by a relative administrative officer, which shall be promptly reminded or stopped and shall not be granted or misleading administrative offences for the purpose of seeking a fine or other purpose. In order to seek a fine amount, the person concerned shall be responsible for the breach or omission of the offence by releasing or misleading the administration.
Article 44 states that the law enforcement branch shall not impose a fine on the body, sub-units or law enforcement officials concerned and shall not link the fine to the individual's proceeds.
Article 42 departments of the provincial government should promote justice and justice in administrative penalties, in line with the actual law enforcement standards, with a breakdown of administrative penalties.
The executive organs implementing administrative penalties and their law enforcement personnel must be eligible by law. Administrative penalties cannot be imposed without access to justice. In implementing administrative penalties, law enforcement officials in the executive branch must produce legal and effective administrative enforcement documents. Otherwise, the parties have the right to refuse.
Article 47, when administrative penalties are imposed by the executive body, should be informed of the right to require hearing. The parties require hearing and the executive sanctioning body must organize hearings in accordance with the provisions. Administrative penalties are null and void in violation of the hearings process.
Article 48, when administrative penalties are imposed by the executive organs, the parties have the right to make statements, to the defence, and the executive branch shall not be subject to increased penalties as a result of the statements of the parties, to the defence, and the administrative organs shall make a formal statement of penalties and inform the parties of the right to relief.
Chapter VII
Article 49 imposes administrative coercive measures by executive organs. There is no statutory basis for the executive branch to impose administrative restrictions on the right to liberty of the person, the seizure, seizure of the goods, the freezing and the forced transfer of bank deposits.
Article 50 provides legal instruments to all persons or administrators of the property upon seizure and seizure of the goods. Legal instruments must contain the statutory basis for the enforcement of enforcement measures; lists of seizures, seizures of items, treatment of treatment, rights of the parties to remedy, executive organs, practitioners and contact.
Article 50 requires the custody of seizures and seizures by the executive branch and the responsibility of the executive organs for the safety of the goods. As a result of mismanagement, the loss of the seizure, the loss of the seizure and the loss of the goods was caused to all, and administrative compensation should be granted to the executive branch.
Chapter VIII Enforcement inspection
Article 52 provides for the self-organization of law enforcement inspections by the law enforcement authorities and plans should be developed. The annual inspection plan for the law enforcement sector should be reviewed by the rule of law sector and reported to be implemented after approval by the Government. In the absence of planned law enforcement inspections, the relative authority of the administration is denied.
Article 53, in addition to matters relating to public safety, physical health and property security, as specified by law, legislation, should be included in the plan. The conduct of random inspections by law enforcement officials shall be authorized by the leadership of the law enforcement agencies' offices.
Article 54 may be checked by several sectors, in principle, by identifying one sector or by several sectors. Enterprises have been inspected by the law enforcement authorities within three months on the same matter, which may no longer be subject to repeated inspections at different levels in other sectors.
Article 55 of the law enforcement sector shall not increase the burden of the enterprise and shall not affect the normal production of the business of the enterprise, and shall not require the escort of the legal representative of the enterprise, nor shall it be provided by the business arrangement for meals and other services or gifts of the enterprise.
Chapter IX
Article 56 strongly promotes public administration. The executive branch or the unit in charge of administering the functions of public affairs will be open to society in the form of newspapers, networks, vouchers or public indications, allowing reproduction and responding to public inquiries.
Article 57 shall be communicated to the office premises by the administrative licensor in respect of matters relating to administrative licences, regulations, regulations, quantity, procedures, duration and requests for all submissions. The applicant requests the executive branch to provide clarifications and explanations of the content, and the executive body should clarify, explain and provide accurate and reliable information.
Article 588 The applicant has the right to access information relating to his application for administrative licences and the administrative authority shall not be denied. The granting of administrative licence decisions by the executive licensor shall be made public and public.
Article 59 of the Ministry of Finance will prepare and publish a directory of administrative expenses in the provinces of Glin at the beginning of each year.
Chapter X Legal remedies
The executive review body shall carry out its duties seriously and shall receive, in accordance with the law, the application for the review of the relative administration of the administration and take a decision on the matter in accordance with the law.
Article 63/, the relative view of the executive branch that its legitimate rights and interests are infringed by the executive branch, cannot be determined by the administrative review body, which may apply to the local-level government of the specific administrative conduct, transferred by the district-level government to the competent organ and informed the applicant. Governments responsible for diversion must not be pushed back.
The applicant must comply with the administrative review decision. The applicant shall not perform or delay the execution of the administrative review decision and shall be responsible for the execution of his/her deadline.
Article 63 governs the administration and its staff members to exercise their duties in violation of the relative human rights and property rights of the administration, which shall be liable under the law.
Article 63 quater causes significant changes in the law, regulations, regulations and objective circumstances, or changes in administrative organs, orders or changes, withdrawal of administrative licences and compensation for losses incurred by the administration relative to the administration.
Article 65 concerning administrative organs shall be subject to labour disputes and shall be closed within a specified period of time. The parties may not be protected or discriminated against by factors such as identity, residence.
Article 46 should be separated from the performance of administrative functions and operational activities in urban home demolitions. Sectors or units with urban home demolition management functions shall not be allowed to accept the eviction of the dispersionees and shall not benefit from them.
Article 67, in cases affecting major administrative review, administrative proceedings, administrative arbitration, government or sectoral leadership should be directly involved.
Chapter XI Leadership
Article 68 Chief Executives at all levels and in the respective sectors are the first responsible for advancing the administration of the law, building the rule of law, and must strengthen the leadership in advancing the legal administration.
Article 69 Governments and relevant departments should conduct regular thematic studies on the administration of the law, with an annual meeting on the organization of the deployment of the legal administrative work.
The executive branch of article 76 shall conduct inspection supervision of the executive branch at the lower level. The Government of the superior government, which conducts an annual review of the administrative status of the respective departments, shall be made public to the society and inform the relevant departments with the competence of the Ministry.
Article 76 below-level governments report to the top-level government on the administrative work of the law at the end of each year by the government-owned sector.
Article 72 promotes the active acceptance of the supervision of the law and its Standing Committees. The Government shall report annually to the same-ranking or HFC on the administrative work of the law.
Article 73 Governments should meet every two years to recognize the collective and personal recognition of the significant achievements in advancing the legal administration.
Chapter XII Legal responsibility
Article 76 quater, the rule of law sector should be subject to correction by administrative law enforcement inspection, or administrative review cases, or by the administrative organs or staff found in the mass reports; and the authorities should communicate the results to the rule of law.
Article 765 carefully handles complaints reports by the mass. All social organizations and individuals have the right to report administrative acts in violation of this provision to the monitoring, the rule of law and other relevant departments, which have received reports must be checked in a timely manner in accordance with their responsibilities. The findings should be made available to society for significant administrative violations.
Article 76 violates this provision by an executive body or by a unit that is responsible for the management of the functions of the public affairs, which is criticized by the competent organ and subject to administrative disciplinary action by the head or principal authority; and is criminalized by law.
Article 7.17 Staff members who are administrative organs or responsible for the management of the functions of the public affairs are in violation of this provision by the authorities concerned to inform them of criticisms, the suspension of law enforcement documents, the removal of law enforcement posts or other administrative disciplines, and the criminal responsibility of the law.
Chapter XIII
Article 78
Article 79 of the People's Government of Chilin Province has been repealed in conjunction with the provisions on the regulation of administrative behaviour to improve the soft environment of economic development.
Article 810