Jilin City Administrative Law Enforcement Supervision

Original Language Title: 吉林市行政执法监督办法

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(March 30, 2004, Jilin city people's Government, the 18th Executive meeting on April 5, 2004, 152th Jilin city people's Government promulgated as of May 15, 2004) first in order to strengthen the supervision of the administrative law enforcement, promoting administration according to law, maintain the legal rights and interests of citizens, legal persons and other organizations, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.
    The second municipal people's Government to the County (City) District, city and County (City) district people's Government-owned sector including vertical departments, municipal departments in the Department and County departments of administrative law enforcement supervision procedures apply. The third municipal people's Government legal departments to carry out administrative supervision of law enforcement duties within the administrative area of the city. Specific duties is: (a) law review, and confirmed administrative law enforcement subject qualification; (ii) on administrative law enforcement subject implementation about legal, and regulations, and regulations situation for supervision check; (three) organization implementation administrative law enforcement accountability and comments assessment business; (four) on administrative law enforcement personnel for training, and assessment; (five) on administrative law enforcement documents implementation management; (six) on administrative license implementation situation for supervision check, and on major administrative license decided for record; (seven) on administrative punishment implementation situation for supervision check,
    And on major administrative punishment decided for record; (eight) investigation and corrected illegal or improper of administrative law enforcement behavior, and implementation misjudged responsibility held; (nine) on to municipal government name made of specific administrative behavior for prior review; (10) on normative file for audit record; (11) coordination processing administrative law enforcement dispute; (12) on administrative reconsideration decided implementation situation for supervision; (13) to municipal government name hired administrative law enforcement supervisor;
    (14) take other people's Government assigned by the Department of Legal Affairs administrative law enforcement supervision.
    Municipal people's Government departments, including the implementation of vertical sectors of rule of law institutions in charge of the Department and the administrative law enforcement supervision of lower-level people's Government departments.
    The County (City) district people's Government agency responsible for the administration of the legal system of administrative law enforcement supervision.
    Fourth administrative law enforcement supervision main way of: (a) administrative law enforcement inspection, special inspections, spot checks on a regular basis, (ii) access to review the relevant case files, documents or information, (iii) survey of administrative law enforcement and administrative law enforcement personnel the situation; (d) regularly or periodically seeks guidance from the administrative relative person; (e) the case investigation or supervision.
    Legal departments and legal agencies when conducting supervision and inspection, relevant departments and personnel to assist and cooperate with us.
    Fifth of municipal Legislative Affairs Department and County (City) District of rule of law institutions within their jurisdiction has the right to executive law enforcement authority or organization subject to review and confirm, do not have executive law enforcement entity shall not engage in law enforcement activities.
    Sixth Municipal Government commissioned organizations administrative law enforcement, Department of Legal Affairs should be submitted to the provincial people's Government for the record; the County (City) entrusted the relevant organizations under administrative law enforcement, Department of Legal Affairs shall be submitted to the municipal people's Government for the record; administrative law enforcement departments to delegate administrative enforcement of the organization concerned, respectively, the people's Governments at the corresponding level the Department of Legal Affairs or administrative enforcement authorities legal organization at a higher level for the record. Delegate authority shall delegate relationship to auditing authorities reported in the 20th after the record.
    Delegate to a filing report shall contain the basis, content, was entrusted with the Organization and basic information and determine the Commission's files.
    Article seventh administrative law enforcement departments should be required to follow through on a regular basis laws, rules and regulations, to report on the City Government, and accept the supervision of the legal departments and legal checks.
    Article eighth administrative law enforcement departments should earnestly organize the implementation of City Council of administrative law enforcement accountability and appraisal system implementation plans and standards, accept the Government's assessment.
    Administrative law enforcement accountability assessment results be assessed administrative law-enforcement organs of leading cadres ' achievement and an important basis for reward and punishment to administrative law enforcement. Administrative law-enforcement departments before Nineth and authorised or commissioned organizations engaged in administrative law enforcement personnel shall be according to the municipal plan of comprehensive legal knowledge and professional legal training and examination.
    Training examination of administrative law enforcement personnel qualifications, Fang Keshen collar of the Jilin provincial people's Government administrative law enforcement certificate. Tenth rule of administrative law enforcement by municipal Department of unified management.
    Municipal Legislative Affairs Department issued pursuant to the relevant provisions of the administrative enforcement of certificate of the people's Government of Jilin province, and according to the regulations of the annual training and certification.
    Administrative law enforcement is not carried out according to this article Nineth training or fail to pass the exam, not issuing administrative certificates shall not post law enforcement.
    Holders out of law enforcement positions, administrative law enforcement documents shall be recovered by the unit and returned to the issuing authority.
    Specified otherwise by laws and administrative regulations, received and used uniformly printed by the State Department of administrative law enforcement departments should document styles and the certified list of persons submitted to the people's Governments at the corresponding level in this sector the Department of Legal Affairs or legal filings. 11th municipal people's Government legal departments and legal agencies administrative law enforcement departments should supervise and inspect the implementation of administrative licensing, and conducting record audits of the major administrative licensing decision.
    Supervision and record review found to be in conformity with the law, shall not remain in force.
    12th administrative law enforcement departments to make a major decision on the administrative license, the license after the decision was made in the 5th, the people's Governments at the corresponding level legal department or the legal filings.
    Major decided to submit for the record of administrative licensing shall be submitted for the record reports the duplicate copies of administrative license and relevant materials.
    13th be filing major decision on the administrative license includes: (a) the limited exploitation of natural resources; (b) the allocation of public resources, and (iii) market access for specific industries directly related to the public interest; (iv) other matters requiring specific rights granted.
    14th article by supervision check or on major administrative license decided record audit, found has following case one of of, can by this level Government obliges made administrative license decided of sector itself revoked or by legal sector, and legal institutions reported to the sibling Government revoked about administrative license decided: (a) staff abuse, and negligence made granted administrative license decided of; (ii) beyond statutory terms made granted administrative license decided of; (three) violation statutory program made granted administrative license decided of;
    (D) is not eligible or an applicant who does not meet the statutory requirements of administrative license and (v) other circumstances can annul of an administrative license according to law. 15th Legislative Affairs Department and legal institutions to supervise and inspect the implementation of administrative punishments administrative law enforcement, and record reviews of major administrative punishment decision.
    Supervision and inspection and file review found to be in conformity with the law, be ordered by the people's Governments at the corresponding level of its withdrawn or altered, or reported to people's Governments at the same level be revoked or changed.
    16th major administrative penalties administrative law enforcement departments to make decisions, the decision made within 5th to this local government legal department or the legal filings.
    Administration delegated organizations made major administrative punishment decision, commissioned by the Executive is responsible for submitting the record.
    Major administrative penalties decided to submit for the record shall be submitted for the record reporting and the duplicate copy of the written decision of administrative penalty.
    17th article should record of major administrative punishment decided including: (a) on personal sentenced 1000 Yuan above fine, confiscated illegal proceeds, and illegal property value in 10000 Yuan above of; (ii) on corporate sentenced 5000 Yuan above fine, confiscated illegal proceeds, and illegal property value in 50000 Yuan above of; (three) ordered discontinued closed; (four) revoked license or license; (five) 15th above administrative detention. 18th of municipal or County (City) district people's Government Legal Department or the legal authority to accept citizens, legal persons or other organizations to report acts of administrative enforcement, direct investigation, depending on the circumstances or instructing relevant departments to investigate.
    Units and personnel should take the initiative to help in the investigation, provide accurate and timely information.
    The departments concerned are investigating, investigation results should be reported in a timely manner assigned by the city and County (City) district people's Government Legal Department or legal bodies. 19th article through following way found and confirmed of administrative law enforcement misjudged, by city, and County (City) District Government legal sector or legal institutions be misjudged responsibility held: (a) Court has occurred legal effectiveness of judgment or ruled be revoked or change of administrative case; (ii) administrative reconsideration organ decided revoked or change of administrative case; (three) Government legal sector, and superior administrative law enforcement sector through administrative law enforcement check, major administrative punishment decided record audit, accepted citizens, and corporate or other organization complaints, and
    Prosecutors find and order the cancellation or change, including administrative cases, (d) or administrative compensation should be given administrative cases, (v) other recognized administrative enforcement misjudged.
    Specific accountability measures shall be formulated separately by the municipal people's Government.
    Article 20th city or County (City) on behalf of the district people's Government made the specific administrative act, with prior review by the people's Government Legal Department or the legal bodies.
    21st levels of government regulatory documents and administrative law-enforcement departments at all levels shall be audited by the legal department or the legal institutions under the same level after the release, and reported in the 10th after posting the review authority for the record, without a review, for the record is invalid.
    22nd between administrative law enforcement departments of administrative dispute by the people's Governments at the corresponding level of the rule of law enforcement departments or institutions coordinate the resolution of the legal system. Article 23rd related administrative law enforcement departments should earnestly implement the administrative reconsideration decision, and timely report to the legal department or the legal institution for the implementation.
    The administrative reconsideration organ periodic supervision and inspection of the implementation of the administrative reconsideration decision. 24th of municipal or County (City) district people's Government the establishment of administrative law enforcement supervisor.

    Executive law enforcement supervisors by the city and County (City) district people's Government after the legal department or the legal institution, the people's Governments at the corresponding level for approval.
    25th article levels government legal sector or legal institutions on supervision range within of administrative law enforcement sector and administrative law enforcement personnel of administrative violations, can reported to the this level Government made following supervision decided: (a) ordered immediately corrected or deadline improved; (ii) ordered perform statutory duties; (three) give informed criticism; (four) temporarily buckle or collection administrative law enforcement documents and notification holding card personnel where units; (five) revoked administrative violations; (six) canceled administrative illegal about responsibility personnel of administrative law enforcement qualification;
    (G) recommends that the Ministry gate to the responsibilities to be given administrative punishments. Legal Department or the legal implementation of the provisions of the preceding paragraph, may be issued to the relevant mainland authorities the notice of administrative law enforcement supervision.
    Received the notice of administrative law enforcement supervision units, should be implemented in strict accordance with the content of the notification, and on the 30th to the notice of authorities report the results.
    26th article supervision decided applies Yu following case: (a) not has administrative law enforcement subject qualification law enforcement or ultra vires law enforcement of; (ii) on implementation of about legal, and regulations, and regulations implementation poor or not perform statutory duties, caused administration order chaos of; (three) administrative law enforcement accountability evaluation not qualified of; (four) appointments not has administrative law enforcement qualification of personnel for law enforcement of; (five) not law using administrative law enforcement documents of; (six) major administrative license decided not by requirements for record of;
    (Seven) major administrative punishment decided not by requirements for record of; (eight) illegal implementation administrative license, and administrative punishment, and administrative forced, administrative law enforcement behavior, violations citizens, and corporate or other organization of lawful rights and interests of of; (nine) to Government name made of specific administrative behavior not by provides submitted review of; (10) normative file not by provides for audit record of; (11) refused to implementation administrative reconsideration decided of; (12) not assist, and not tie or not accept supervision of;
    (13) other acts in violation of these rules.
    27th article this approach by the Legislative Affairs Office, people's Government is responsible for the interpretation. 28th article of the rules take effect on May 15, 2004.
                                                                    Released December 7, 1992, the Jilin Municipal People's Government abrogated the provisional regulations on administrative law enforcement supervision.

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