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Jilin City Administrative Law Enforcement Supervision

Original Language Title: 吉林市行政执法监督办法

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(The 18th ordinary meeting of the People's Government of Chilin, 30 March 2004, considered the adoption of the Decree No. 152 of 5 April 2004 on the People's Government Order No. 152 of 5 April 2004, which came into force on 15 May 2004)

In order to enhance oversight of administrative law enforcement, to promote the legal administration, to preserve the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this approach in line with the relevant laws, regulations and regulations.
Article 2 Government of the city government applies this approach to administrative law enforcement supervision in the sector and the district-level people's government, the municipality, the communes (communes) and the commune sector.
Article 3 Specific responsibilities are:
(i) Review by law and recognize the qualifications of the executive law enforcement subjects;
(ii) Monitoring of the implementation of relevant laws, regulations, regulations and regulations by executive law enforcement actors;
(iii) Organizing the implementation of administrative law enforcement responsibilities and the evaluation of the conduct of the review of the conduct of the conduct of the executive system;
(iv) Training and conduct of administrative law enforcement personnel;
(v) Management of administrative law enforcement documents;
(vi) A monitoring inspection of the implementation of administrative licences and a request for major administrative licences;
(vii) To monitor the implementation of administrative penalties and to provide for major administrative sanctions decisions;
(viii) Identification and redress for violations or inappropriate administrative law enforcement, as well as the enforcement of error accountability;
(ix) Conduct a pre-trial review of specific administrative acts made on behalf of the municipality;
(x) A review of normative documents;
(xi) Coordination of administrative law enforcement disputes;
(xii) Oversight of the implementation of administrative review decisions;
(xiii) The hiring of administrative law enforcement monitors on behalf of the municipality;
(xiv) Undertake other administrative enforcement oversight exercises carried out by the Government's rule of law.
The communes of the communes include executive law enforcement oversight in the sector and at the lower level of people's government.
In the district (market) people's rule of law institutions are responsible for administrative law enforcement oversight within the present administration.
Article IV Main approaches to administrative enforcement oversight:
(i) Conduct regular inspections of administrative law enforcement, special inspections, screening, etc.;
(ii) Receive the examination of relevant files, documents or information;
(iii) To investigate relevant information from the administrative law enforcement and administrative law enforcement officials;
(iv) Regular or non-recurrent requests for administrative relative opinions;
(v) Investigation or supervision of the case organizations.
When the rule of law sector and the rule of law institutions conduct oversight inspections, the relevant departments and personnel must be assisted and coordinated.
Article 5
Article 6. The Government of the city entrusted the relevant organizations with administrative law enforcement, which should be reported to the Ministry of the Rule of Law of the People's Government of the province; the authorities of the district (communes) entrusted the relevant organizations with administrative law enforcement, which is required to report to the Government's rule of law sector; and the executive law enforcement authorities entrust the relevant organizations with administrative law enforcement.
The competent organ shall submit a request to the review body within 20 days of the determination of the relationship. The report should contain documents that determine the relationship between the commission, the content of the commission, the nature of the organization entrusted and the basic circumstances.
Article 7. The administrative law enforcement branch shall report regularly to the municipal authorities, upon request, on the implementation of the relevant laws, regulations, regulations and regulations and receive oversight inspections by the rule of law and the rule of law institutions.
Article 8. The administrative law enforcement sector should carefully organize the implementation of administrative law enforcement responsibilities and the evaluation of the implementation programmes and standards established by the municipality and accept the municipal government's assessment.
The results of the responsibilities of administrative law enforcement are an important basis for evaluating the leadership of the executive branch and for the award of administrative law enforcement officials.
Article 9. Persons involved in administrative law enforcement activities in the administrative law enforcement sector and in organizations authorized or commissioned by law are required to conduct comprehensive legal knowledge and professional legal knowledge training, examinations in accordance with the municipal government reunification plan. The eligibility of administrative law enforcement officers is granted by the training examinations, and the Government of the People's Government of Chilin Province can be heard.
Article 10 Administrative law enforcement documents are administered by the rule of law sector of the municipality. The communal Government's rule of law sector, in accordance with the relevant provisions, has issued the Administrative Law Enforcement Act of the People's Government of the Chilin Province and has provided for annual training and examination.
Administrative law enforcement officials are not eligible for training or training examinations as provided for in article 9 of this approach, without the issuance of administrative law enforcement documents and no law enforcement.
Witnesses are transferred from law enforcement positions and are subject to the recovery of administrative law enforcement documents by their units and the return of the witness authority.
The laws, administrative regulations have special provisions for the receipt and use of the sectors of administrative law enforcement documents, which have been compiled by the Department of State-owned departments, which should send documents in a variety of ways and lists of accredited personnel in this sector to the Government's rule of law sector or the institution of the rule of law.
Article 11. The rule of law and the rule of law institutions of the city shall monitor the application of administrative permits by the executive law enforcement authorities, and review major administrative licence decisions. The inspection and the clearance of the case are found to be incompatible with the law and must not be continued.
Article 12 Major administrative licence decisions taken by the executive law enforcement authorities shall be submitted to the Government of the people at this level or to the rule of law body within 5 days of the licence decision.
A major administrative licence decision shall be submitted to a copy of the report and the related administrative licence material.
Major administrative licence decisions that should be submitted under Article 13 include:
(i) Limited exploitation of natural resources;
(ii) Public resource allocation;
(iii) Market access for specific industries that directly relate to public interest;
(iv) Other matters requiring specific rights.
Article XIV, subject to the supervision of inspection or review of major administrative licence decisions, found one of the following cases, which may be withdrawn by the authorities of the people at this level or by the rule of law sector, the rule of law body, and requested the same Government to withdraw the relevant administrative licence decisions:
(i) Staff abuse of their functions and play a role in granting administrative licence decisions;
(ii) The decision to grant administrative licences beyond the statutory mandate;
(iii) A decision to grant administrative licences in violation of the statutory procedures;
(iv) To grant administrative licences to applicants who do not have the application or do not meet the statutory conditions;
(v) Other cases where administrative licences may be withdrawn by law.
Article 15. The rule of law sector and the rule of law institutions shall monitor the implementation of administrative sanctions in the administration of law enforcement and review major administrative sanctions decisions. The monitoring inspection and the review found that it was not in accordance with the law, and the Government of the people at this level was responsible for its own cancellation or modification, or was invited to withdraw or change from the same-ranking Government.
Article 16 Major administrative sanctions decisions taken by the executive law enforcement authorities shall be submitted to the Government of the people at this level or to the rule of law body within five days of the decision on sanctions.
Major administrative sanctions decisions taken by organizations entrusted by the executive branch are to be sent by the delegated administrative authority.
A major administrative penalties decision sheets shall be submitted to each of the copies of the reports and administrative sanctions decisions.
Major administrative penalties to be submitted under Article 17 include:
(i) To impose more than 1,000 fines on individuals forfeiture of proceeds derived from the law and the value of illegal property for more than 10000 dollars;
(ii) To impose more than 5,000 fines on legal persons forfeiture of proceeds derived from the law and the value of illegal property for more than 50000 dollars;
(iii) The suspension of the work;
(iv) Removal of licences or licences;
(v) More than 15 days of administrative detention.
Article 18 The units and persons concerned should be assisted with the investigation and provide relevant information in a timely and accurate manner.
In the relevant sector, the findings of the survey should be presented in a timely manner in the municipalities, the communes (communes), the rule of law sector or the rule of law institutions.
Article 19 found and confirmed administrative law error through the following means:
(i) The judgement or decision of the People's Court to remove or modify administrative cases which have legal effect;
(ii) Administrative review bodies decide to remove or modify administrative cases;
(iii) The Government's rule of law sector, the superior administrative law enforcement sector, through administrative law enforcement inspections, the clearance of major administrative sanctions decisions, the identification and prosecution of administrative cases, such as civil, legal or other organizations' complaints, prosecution, etc.;
(iv) Administrative cases which have or should be granted administrative compensation to the parties;
(v) Other administrative law enforcement errors confirmed by law.
Specific accountability is developed by the commune government.
Article 20 provides for specific administrative acts in the name of the commune, district (community), which are subject to review by the current people's rule of law sector or the rule of law body.
Article 21
The administrative law enforcement dispute between the executive law enforcement authorities is dealt with in coordination with the rule of law sector or the rule of law institutions of the current people.
Article 23 concerning administrative law enforcement should seriously implement administrative review decisions and report on implementation to the rule of law sector or the rule of law institutions in a timely manner. The executive review body regularly monitors the implementation of the administrative review decisions.
Article 24 sets up administrative law enforcement monitors by the people of the city, the district (market).
The hiring of administrative law enforcement monitors was authorized by the Government of the people of the city, the district (community) sector or the rule of law body.
Article 25
(i) Urgent immediate corrective or deadlines improvement;
(ii) To impose a statutory responsibility;
(iii) criticized;
(iv) To deduct or collect administrative law enforcement documents and to inform the founding units;
(v) Removal of administrative offences;
(vi) Removal of administrative law enforcement qualifications of persons responsible for administrative violations;
(vii) Recommend that the inspectorate provide administrative disposal to the responsible person concerned.
The rule of law sector or the institution of the rule of law pre-implementation provides that a letter of administrative law enforcement oversight may be sent to the relevant units. The units that receive the letter of administrative law enforcement oversight shall be strictly enforced in accordance with the contents of the notice and, within 30 days, report the results to the organ that sent the letter of notification.
Article 26
(i) There is no administrative law enforcement subject to law enforcement or enforcement;
(ii) Inadequate implementation of the relevant laws, regulations, regulations and regulations or failure to perform statutory duties, resulting in confusion in administrative order;
(iii) Unqualified evaluation of administrative law enforcement responsibilities;
(iv) The law enforcement of the appointment of persons who do not have administrative law enforcement qualifications;
(v) The use of administrative law enforcement documents by law;
(vi) Major administrative licence decisions are not required;
(vii) Major administrative penalties are not required;
(viii) Execution of administrative law enforcement, such as administrative licences, administrative penalties, administrative enforcement, against the legitimate rights and interests of citizens, legal persons or other organizations;
(ix) Specific administrative acts made on behalf of the Government are not reported to be reviewed as prescribed;
(x) Nor do the normative documents proceed with the review of the request;
(xi) To reject the implementation of administrative review decisions;
(xii) Non-assistance, incompatibility or non-acceptance of oversight;
(xiii) Other violations of the provisions of this approach.
Article 27 of this approach is explained by the Office of the Rule of Law of the People's Government.
The twenty-eighth approach was implemented effective 15 May 2004. The provisional provision on administrative law enforcement oversight issued on 7 December 1992 by the People's Government of the Chilin City was also repealed.