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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(May 25, 2005 Jilin Province Government 4th times Executive Conference considered through June 17, 2005 Jilin Province Government makes 176th, announced since July 1, 2005 up purposes) first chapter General first article to specification administrative behavior, advance law administrative, construction rule of law Government, adapted economic revitalization and the social career development of need, according to about legal, and regulations and State developed of full advance law administrative implementation platform for, combined work actual, developed this provides. Article in administration in the administrative area of the province's administrative bodies and organizations are required to comply with these provisions.
    Otherwise provided for by laws, rules and regulations from its provisions.
    Article at all levels of Government and the departments should be in accordance with the legitimate administration and reasonable administration, due process, efficient accessible, honest and trustworthy, in line with the basic requirements of administration according to law.
    Article at all levels of Government and the departments should strictly follow legal procedures to promote democratic and scientific decision-making; protection of administrative counterpart's right to know, right to participation and the right to relief.
    Article at all levels of Government and the departments should strengthen leadership to promote administration according to law.
    Sixth above the county level government legislative, monitoring and other relevant departments according to their respective duties, is responsible for implementation of the provisions of the specific work.
    Chapter II functions and seventh levels of administrative organs shall not ultra vires the creation of administrative bodies, not ultra vires to set up institutions with administrative functions, no power management agency or unit level, not overrun with administrative personnel, the legalization of government responsibilities, organization and staffing.
    Eighth administrative organs shall be exercised in accordance with the terms of reference and has no legal basis, the administrative organ shall not affect the administrative relative person legal rights or increasing the obligations of the decision. Nineth Civil Act is not free to interfere with the executive authorities.
    Citizens, legal persons and other organizations to solve, the market competition mechanism to regulate through self-discipline, trade organizations or intermediary institutions able to resolve the matter, except as otherwise provided by law, the executive authorities do not solved through administrative means.
    Tenth administrative organs illegal or improper exercise of authority shall bear legal responsibility, unity of power and responsibility. Chapter III administrative decision-making 11th administrative organs shall establish and improve public participation, expert arguments and decided that the combination of administrative decision-making mechanism of the Government.
    Implementation of legal decisions, scientific and democratic decision-making.
    Governments and departments at all levels should take the lead in 12th article integrity, investment commitments made by, or a decision on the administrative license shall not contravene the provisions of superior law and other policy measures, should not be changed.
    13th Office or Government departments at or above the county level shall issue decisions, orders, and other normative documents, all administrative rights and obligations shall be subject to the level of government legal departments review and advice, again drew attention to the discussion or issue. 14th for various types of enterprises should provide the same level of service and protection, not ownership, of different scale, efficiency and discriminatory treatment.
    Stop enterprise protection, listing protection violated the principle of fair competition. Article 15th Government-invested construction projects, procurement and transfer of State-owned assets, such as commodities, should implement the bidding system.
    Administrative authorities or law enforcement officer shall not ultra vires interference resource licenses, bidding, project location and other activities.
    16th prosecuted a variety of breaches and security incidents, not individual enterprises are in violation of or security incidents and the implementation of industry-wide production, cessation of treatment.
    The fourth chapter 17th Government above the county level must create conditions of administrative licensing, implementation of the administrative licensing law on the harmonization, joint or dealt with matters under administrative license requirements.
    18th more than within the administrative license of executive agencies, the administrative organ shall determine an institution through the integration of unity or accept administrative licensing applications, unified administrative licensing decision.
    Article 19th advance the e-government process, to create the conditions so that applicants will be able to access to government information through the e-government service platform, applications for administrative licensing items. 20th the implementation of administrative licensing shall not be submitted to the applicant purchased goods or provides payment services and to the specified service request may illegally collect a deposit, bond or other unrelated to the subject of administrative licensing costs.
    Executive administrative application for leave should be provided free format text.
    Article 21st executive staff administrative licensing shall not ask for or accept the applicant's property, shall not seek other interests. 22nd administrative authorities should accept administrative licensing applications in the decision on the administrative license within the statutory deadline.
    Applicant to submit the application materials are complete and comply with the statutory format, will the executive authorities to take a decision on the spot, shall make a written decision on the administrative license on the spot. 23rd administrative organ for administrative license application review and found that administrative licensing items directly related to the vital interests of others, it shall inform the interested party. Applicant or interested party has the right to make statements and to defend themselves. The administrative organ shall listen to the views of the applicant and interested party. To meet the statutory requirements shall inform the applicant, interested parties have the right to request a hearing.
    , Interested parties hearing an application made by the applicant, the administrative organ shall organize the hearing.
    Article 24th administrative authority in contravention of the implementation of administrative licensing caused damage to the legitimate rights and interests of the parties, shall, in accordance with the State compensation law provides for compensation.
    25th in addition to laws, regulations or related to public security, human health, life and property safety of the equipment, facilities, products, goods, stopped to permit inspection.
    Fifth chapter administration fee article 26th city, State and the file may not be set for the following administrative bodies issued administrative charges. 27th in strict control of the province to set its own administrative fees.
    Must be set, by province, fiscal, price authorities, important administrative fees project required approval of the provincial government.
    Section 28th administrative and institutional charges, should be chaired by the Department of finance, price held seminars, feasibility study meeting, or through written comment forms, solicit contributions and other relevant departments or units. 29th administrative fees have, in principle, at the minimum charge. Specific criteria should be determined by the charging unit, charge staff should not have discretion. Decomposition is strictly prohibited fees, change fees, object, duration, frequency range.
    For the stage, according to the charges shall not be imposed all at once. Article 30th administrative fees and directly in charge of personnel must obtain the price departments pay permit issued by, and the fees certificate or the certificate of administrative law enforcement.
    To not show personal documents, charges the parties may refuse to pay.
    31st without authorization or without statutory items, range fees, standard or forced to provide services, the competent authority shall order return illegal fees charged.
    32nd administrative organs the implementation of administrative licensing and supervision and inspection on administrative licensing items, except as otherwise stipulated by laws and regulations, shall not be charged other fees.
    Article 33rd on affairs within the responsibility of the executive authorities, not according to the laws, rules or regulations, may not authorize subordinate units or other intermediaries to provide paid services or accept a specified service procedures. Article 34th charge notification system. Administrative fees and charges, should produce their charges are based on the documents, and issue a fees notice (can also upload charge bills), to inform the party charges the basis, scope, standards, and the right to apply for administrative reconsideration or bring an administrative suit.
    Fee notification styles by price administrative departments of the province standardized and published in the newspaper.
    35th monopolies operating service charges to public price hearing held by the Government. 36th operating administrative organ shall not charge service fees.
    Auditing, accounting, rating, the lawyers, the tender agent, construction supervision and other intermediary institutions must be decoupled from the executive authorities.
    37th Executive and administrative functions of the unit is prohibited under article, without statutory basis and require administrative person with human, material or financial resources. 38th against administrative authorities charge free to organize enterprises to participate in various training courses.
    There is a statutory basis must be organized, and standard fees and charges must be approved by the financial and pricing departments.
    39th Executive compulsorily acquired, require administrative people bear the costs of equipment, facilities, shall be approved by the local people's Governments above the county level. 40th executive law enforcement units to strictly enforce the "two lines of income and expenditure" rule, the implementation of administrative licensing and penalized and proceeds from the fee should be paid in full fiscal. Financial departments shall not in any way refunded or returned in disguise to the administrative enforcement unit.
    All expenditures should be included in the budgets of law enforcement units shall be subject to fees, fines as a source of funding.
    41st shall require the administrative relative person ordering newspapers, books, magazines, audio and video products shall not be required to participate in various social groups such as associations, societies, Association; shall not be required to participate in advertising, awards, and there is no legal basis for commercial insurance.
    42nd all kinds of associations, societies, seminars and other public organizations shall be assessed according to the implementation of the resolutions adopted by the General Assembly of members, and the registration administration organ for the record. Sixth chapter the 43rd impose administrative penalties administrative penalty should insist on punishment combined with education, prevention and correction of violations, maintaining good social order as the pursuit of the objectives. Of administrative relative person may be implemented or is implementing the administrative offence, should warn or to stop, not to pursue fines or for other purposes, permit or misleading the administrative relative person of administrative law. In pursuit of the amount of the fine, let or otherwise misleading the administrative implementation of violations of, the persons concerned should bear the breach of law or dereliction of duty.

    44th law enforcement departments have no affiliation, subordinate units or law enforcement issued a fine index, and there is no penalty associated with personal benefit.
    Article 45th provincial government departments in relation to law enforcement practice, refinement of administrative penalty discretion standard, promoting the fairness and impartiality of the administrative penalty. Article 46th impose administrative penalties administrative organ and its law enforcement officers must obtain qualifications for law enforcement. Without law enforcement qualifications shall not impose administrative penalties. Administrative authorities when law enforcement personnel in the implementation of administrative punishments, must present a valid certificate of administrative law enforcement.
    Otherwise, the parties have the right to refuse. 47th at the administrative organs shall impose administrative penalties, meet the conditions for a hearing, it shall inform the party concerned has the right to request a hearing. The parties to request a hearing, impose administrative penalties, must be organized in accordance with the provisions of the hearing.
    Violation of the procedure of hearing, administrative penalty is not valid.
    48th at the administrative organs shall impose administrative penalties, statement, the rights of defence of the parties, shall not be due to statements by the parties, the executive authorities to plead aggravated punishment; administrative organ shall officially issued a written decision and to inform the parties right to relief. Seventh chapter administrative mandatory 49th compulsory administrative measures should be implemented by administrative organs according to law.
    Administration has no legal basis, shall not be taken on the administrative relative person restriction of personal freedom, sealing up, distraining, freezing, forcible transfer administrative coercive measures such as bank deposits. 50th when the administrative authorities sealed up or seized items to the property owner or Manager issuing legal instruments.
    Legal instruments must be stipulated: the legal basis for enforcement measures; sealing up, distraining the list of articles, treatments and remedies of the parties, implementing agencies, managers and contacts. 51st article needs kept sealed up or seized items by the Executive, the executive authorities should be responsible for security.
    Because of poor management, loss of damage caused by sealing up, distraining, causes losses to the owners, the executive authorities should be given compensation. Eighth chapter check 52nd law enforcement organized law enforcement and inspection of law enforcement and inspection plan shall be prepared. Law enforcement departments annual inspection plan should be reviewed by the Department of Legal Affairs, reported to the level of Government approval before implementation.
    Not included in the planned inspection of law enforcement and administrative work has the right to refuse. 53rd, inter alia provisions of laws and regulations related to public safety, human health and property matters other than random checks, other tests should be included in the plan.
    Law enforcement officers conduct random checks should be led by the Organization of law enforcement personnel for approval. 54th on the same subject can be checked by several departments, should, in principle, a Department, or jointly by several departments for inspection.
    Enterprises on the same matter has been accepted law enforcement check in 3 months, you can no longer accept other repeated checks of the same departments at different levels.
    55th law enforcement checks shall not increase the burden on businesses, should not affect the normal production and operation of enterprises activity, shall not be mandatory, accompanied by legal representative of the enterprise, not corporate dining arrangements, may not receive other services or gift. Nineth chapter Public Affairs article 56th promoting open government.
    Administrative bodies or to administer public affairs unit, authority issued the document dealing with management rights and obligations, through newspapers, Internet, reading room or public notice boards in the form to the public, reproduction, and response to public inquiries. 57th administrative licensing organ should be workplace laws, statutes, rules and regulations relating to matters of an administrative license, basis, conditions, amount, procedures, deadlines, and need all the materials submitted list of publicity and application model in Office space.
    Applicants require the Executive authority to be publicized description, explanation, the Executive should indicate, explain and provide accurate and reliable information. Article 58th of administrative license applicants have the right to access to information related to their application for administrative license, the administrative organ shall not refuse.
    The implementation of administrative licensing organ decision approving an administrative license is made, should be made public, and the public a right of access.
    59th provincial Department of finance in conjunction with the provincial development and Reform Commission, Jilin province, prepared and published at the beginning of each year list of administrative fees.
    The tenth chapter 60th legal relief of administrative reconsideration organs should earnestly perform their duties, accept an application for reconsideration of the administrative relative person according to law, and make a decision according to law. 61st administrative people believe that their legitimate rights and interests of the practices of the Executive, cannot be determined at the administrative reconsideration organ, could apply to the specific administrative acts of County Government, forwarded to the authorities having jurisdiction in the County Government, and inform the applicant.
    Responsible for the transfer of the Government may not push. 62nd applicant must perform the administrative reconsideration decision.
    The applicant fails to perform or delay the performance of administrative reconsideration decision, should be carried out by the relevant authority ordered its deadline.
    63rd administrative organs and their staff illegal exercise of authority, violations of personal rights and property rights of administrative relative person, the executive authorities should be liable.
    64th article executive branch of law, rules, regulations and major changes in the objective circumstances, or where the public interest requires the executive authorities of the requirement, order or modify, annul of an administrative license, resulting in the loss of administrative relative person, compensation should be given by the executive authorities. 65th relevant administrative organ shall accept arbitration of labor disputes, and closed within a specified period.
    Grounds of identity, residence on the Party favour or discrimination. 66th in urban house demolition activities, performing administrative functions and operational activities should be separated.
    Urban housing units management functions of departments or units shall not accept the relocation of the entrusted implementation of demolition, may not benefit from it.
    67th significant administrative review, administrative litigation, administrative for arbitration cases, or the Government should be directly involved in the handling of the Department head.
    68th 11th chapter organization leadership at all levels of Government and executive head of the Department is to promote administration according to law, building the rule of law the responsibility of the Government, we must strengthen the leadership to promote administration according to law.
    69th at all levels of Government and the departments should periodically to study the administrative work according to law, held once a year in accordance with the administrative arrangements the Conference. 70th higher administrative authorities to deal with lower administrative authority to inspect and supervise administrative work according to law.
    Governments at higher levels to lower levels of Government, government departments once a year according to law administration in the evaluation, evaluation results should be announced to the public, and cadre management authority of the relevant departments.
    71st at lower to higher levels of Government, government departments to the level of Government and parent departments annual report at the end of an administrative work according to law. 72nd, improveing Administration should take the initiative to accept supervision by the NPC and its Standing Committee.
    A year to the people's congresses or the administration work of the NPC Standing Committee for a report.
    73rd of Governments at various levels should be held once every two years the summarizing and commending meeting, to promote administration according to law has made remarkable achievements in the work of the collective and individual awards.
    12th chapter legal liability article 74th Legislative Affairs Department in administrative law enforcement and inspection, or to handle administrative reconsideration cases, or receive reports from Executive or staff member found in violation, offence, shall be ordered to correct; from the supervisory organ or the relevant Department should put forward recommendations in a timely manner, inform the relevant departments will handle the results the Department of Legal Affairs. 75th handle public complaints carefully. All community organizations and individuals have the right to monitor, legal system and other related departments to report violations of the provisions of the administrative act, receiving the report must be in accordance with the Division of responsibilities to investigate in a timely manner.
    On major cases of administrative violations, and results should be announced to the public.
    76th administrative organs or administer public affairs in violation of this provision, the relevant authorities shall give notice of criticism, competent leader or chief administrative disciplinary punishment constitutes a crime shall be investigated for criminal liability.
    77th administrative organs or management staff in violation of the provisions of the public affairs unit, revoked by the relevant authorities shall give notice of criticism, law enforcement documents, transferred from law enforcement jobs, or other administrative disciplinary action constitutes a crime shall be investigated for criminal liability.
    13th chapter supplementary articles article 78th by the Legal Affairs Office of the provincial government is responsible for the interpretation of these provisions.
    79th, Jilin provincial people's Government concerning the regulation of administrative actions to improve the soft environment for economic development of the several provisions of the repealed simultaneously.
                                                                                80th these provisions come into force on July 1, 2005.