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Trial Measures For The Executive Staff Administrative Fault Responsibility Investigation In Wuhan City

Original Language Title: 武汉市行政机关工作人员行政过错责任追究试行办法

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(Adopted by the 15th ordinary meeting of the Government of the Republic of Vilhan on 16 January 2004, No. 151 of the Decree No. 151 of 21 January 2004 concerning the implementation of 1 April 2004)

Chapter I General
Article 1, in order to promote the administrative effectiveness of the law, ensures that the administrative organs and their staff are properly, impartially and effectively implemented, prevents and corrects administrative wrongdoing, and develops this approach in accordance with the relevant laws, regulations, such as the National People's Republic of China Administrative Monitoring Act, the National Civil Service Provisional Regulations, the Law on the Law of the Sea and the regulations on the enforcement of the responsibilities of the city.
Article 2
Article 3 of this approach refers to administrative misperceptions of administrative staff members of administrative organs who fail to perform, violate or fail to perform statutory responsibilities, resulting in an impact on administrative order and administrative efficiency, the mismanagement of munition or damage to the relative legitimate rights and interests of the administration, which has adverse impacts and consequences.
Article IV. The executive organs at all levels shall be responsible for the accountability of the administrative error of the responsible person, in accordance with their respective responsibilities and the management authority. The law, legislation and regulations provide otherwise, from their provisions.
The administrative inspectorate is responsible for overseeing the work of the administrative error and investigates cases of excessive administrative error affecting the city in accordance with the law.
Article 5 is responsible for administrative error and upholds the principle of integrity, integrity, punishment and accountability for adaptation, education and punishment.
Article 6. The executive body must establish an administrative error accountability system and incorporate it into the administrative law enforcement accountability system as an important element of the work responsibility and the conduct of the job examination.
Chapter II
Article 7. In the course of the administrative licence management, one of the following cases should be held accountable:
(i) Applications for administrative licences that meet the conditions set;
(ii) In the absence of a statement of material to be disclosed by law in the office;
(iii) In the process of admissibility, review and decision-making of administrative licences, the applicant and the stakeholder have not fulfilled their statutory notification obligations;
(iv) The applicant's submission is incomplete and incompatible with the statutory form and does not always communicate to the applicant the full content that must be filled;
(v) No administrative licence application or grounds for administrative licence are provided by law;
(vi) The holding of hearings by law without hearing;
(vii) To request or receive the property of another person or other interests;
(viii) Receive charges or not charged under statutory projects and standards;
(ix) Contrajection, misappropriation, private separation or conversion of administrative licences charged under the law;
(x) To grant administrative licences to applicants who do not meet the statutory conditions or go beyond the statutory authority;
(xi) The applicant who meets the statutory conditions shall not be granted administrative licences or shall not take administrative licence decisions within the statutory period;
(xii) The granting of administrative licence decisions in accordance with the terms of solicitation, auction or examination, without solicitation, auction or examination, or the granting of administrative licence decisions in accordance with tenders, auctions and merit of examination;
(xiii) The right to licensorship, subsector or other organizations in conflict with the law;
(xiv) Responsibilities involving different sectors, without timely and proactive coordination, inadvertent or delay, or in the transfer of other sectors after the conclusion of the licence in this sector;
(xv) Other violations of administrative licence provisions, mismanagement of administrative licences or damage to the legitimate rights of the licensee.
The administrative licence referred to in the previous paragraph refers to the application of the executive body, upon application of citizens, legal persons or other organizations, to grant it an act of particular activity under the law.
Article 8
(i) It cannot be determined on the basis of implementation;
(ii) Expropriation projects have been established without the approval of the statutory procedures;
(iii) No levied by statute and time frame;
(iv) Exclusive, private or unauthorized expenses;
(v) Expropriation of legal grounds;
(vi) No leakage of valid qualification documents;
(vii) Other violations of the provisions.
The administrative fees cited in the previous paragraph refer to the collection of taxes and administrative fees.
Article 9. In the course of administrative inspection management, one of the following cases should be held accountable:
(i) It is not possible to determine the basis for the implementation of the inspection;
(ii) There is no justification, matter and content for carrying out inspections;
(iii) No inspection of valid eligibility documents;
(iv) No inspection is carried out in accordance with statutory procedures and time limits;
(v) No inspection is carried out in accordance with the statutory authority or beyond the statutory competence;
(vi) Denouncing, devoting, delaying and refusing to perform inspection duties;
(vii) Intrusion, shelter, support, condonment, and non-struction and redress for the offences identified in the examination;
(viii) Damage to the legitimate rights and interests of the person examined;
(ix) Other violations of administrative inspection provisions.
Article 10. In imposing administrative sanctions on violations of the administrative order, the executive organs have one of the following cases and should be held accountable for administrative error:
(i) There is no administrative law enforcement subject to administrative penalties;
(ii) The commission of administrative sanctions in violation;
(iii) There is no legal and factual basis for administrative sanctions;
(iv) Excellence in setting administrative penalties or changing the types of administrative sanctions;
(v) Violations of statutory administrative penalties procedures;
(vi) In accordance with the conditions of hearings, the administrative relative request for hearing and shall organize hearings without the organization of hearings;
(vii) The use of fines, confiscation of property documents or the use of unlawful customized fines, confiscation of property documents;
(viii) In violation of administrative penalties law providing for the collection of fines by themselves;
(ix) The collection of fines is justified by the use of the facilities in the office or by the receipt of funds from other persons;
(x) The transfer of criminal responsibility by the judiciary, without the transfer of criminal responsibility, to replace the sentence with administrative penalties;
(xi) Believing and punishing violations that should be stopped and punished by law, causing the legitimate rights and interests of citizens, legal persons or other organizations, public interest and public order to be harmed;
(xii) Other violations committed administrative penalties.
Article 11. When administrative coercive measures are taken by administrative organs in the course of law enforcement, one of the following cases should be held accountable:
(i) It is not possible to determine the basis for the imposition of coercive measures;
(ii) Adoption of administrative coercive measures in violation of statutory procedures;
(iii) Measures that go beyond statutory competence;
(iv) Other violations of administrative coercive measures, which undermine the legitimate rights and interests of the administration.
Article 12 In performing administrative responsibilities, one of the following cases should be held accountable:
(i) Violations of pooled funds, assessed expenses or violations require citizens, legal persons or other organizations to perform other obligations;
(ii) The application by law of statutory duties such as citizens, legal persons or other organizations for the protection of their rights, property rights, shall be denied;
(iii) Violations of legitimate ownership by citizens, legal persons or other organizations;
(iv) Other violations of the right to personal, legal or other organizations and property.
Article 13. The executive organs should exercise their management responsibilities by refusing to perform, without undue delay, and should be held accountable for administrative error.
Article 14. The executive organs, when performing their administrative review duties, have one of the following cases and should be held accountable:
(i) The application for review in accordance with conditions shall be admissible without justification;
(ii) No application for administrative review shall be transferred in accordance with the provisions;
(iii) No reconsideration decisions within the statutory period;
(iv) Instruction in private fraud or other malfunctioning, negligence in administrative review activities.
Article 15. Staff of the executive branch shall be held accountable for administrative error when performing their administrative duties:
(i) Units with administrative functions that do not have a clear place in the area of operation to demonstrate intent and to conduct the business process map;
(ii) The content of services not covered, the conduct of proceedings, commitment time, fees, oversight channels, and the results of the operation are not public;
(iii) A window unit for socially directly receiving business, which is empty during the work;
(iv) Staff induction is not provided for in the form of work plates and uniforms;
(v) Disadvantaged and unanswered the service target, which is a matter within the purview of the duty and is not delayed;
(vi) In the case of communications, telegraphs, failure to receive, register, review and submit the proposed observations, without justification, to send the lead office without a specified time limit;
(vii) No explanation, inadmissibility and non-transfer of matters that are not covered by the terms of reference of this unit or are not deemed appropriate;
(viii) In public affairs, matters relating to other sectoral mandates are not agreed upon in consultation or consultation with the relevant departments, and no decision is taken by the superior or organ;
(ix) The lack of strict enforcement of confidentiality and documentation management provisions, resulting in documents, archives, information leading, destruction or loss;
(x) Accommodation, which does not strictly collate books, books, formats, language and seals, resulting in serious consequences;
(xi) The issuance of self-release without leadership;
(xii) No statement of time specified;
(xiii) No chapter of the use of units as prescribed;
(xiv) Other violations of the internal administration system and the management of internal affairs within the administration.
Chapter III Discriminatory division and responsibility
Article 16 divides the responsibility of administrative error into direct responsibility, leading responsibility and key leadership.
Article 17, without the approval of the licensor, directs specific administrative acts, resulting in administrative misconceptions and direct responsibility.
The failure of the custodian, the author, the author, the author, the author, the author, to properly perform the duties of the review and approval, has resulted in the consequences of the administrative error, which has a direct responsibility.
Despite the approval of the licensor and the approval of the licensor, the custodian does not carry out specific administrative acts in accordance with the clearance, approval of matters, resulting in the administrative error and the direct responsibility of the contractor.
Article 18 misleading programmes or opinions, the licensor, the rator, the rator, the ratifier should find that there was no finding or that the latter had not been corrected, leading to a direct responsibility of the custodian, vested with the primary lead responsibility for the review and the approval of an important lead responsibility.
Article 19 examiners do not accept or change the right opinion of the custodian, whose approval has led to the consequences of the administrative error, have the direct responsibility of the licensor and approves the primary responsibility for leadership.
The reviewor does not request the approval of a decision directly, leading to the occurrence of the administrative error and the responsibility of the reviewers.
Article 20 does not adopt or alter the right opinion of the custodian, the licensor and the verifies the author's direct responsibility.
The author is directly responsible for the consequences of the administrative error without the preparation, review and approval of the contractor.
Article 21 leads, interferes with specific administrative acts, leading to the occurrence of administrative misconceptions and direct responsibility for intervention.
The change in the specific administrative behaviour of the lower-level organs resulting in the misleading consequences of the administration, with the leading responsibility of the superior authority.
Article 23, after a decision of the hearing, authorized the author to agree with the wrong proposal of the moderator to the effect of the administrative error, to be directly responsible for the author's approval, to the primary responsibility for leadership; to authorize the author to refrain from adopting the right recommendations of the hearing facilitators resulting in the administrative mismanagement of the consequences and to authorize the author to be directly responsible.
Article 24 Changes in specific administrative acts by the review body, resulting in the occurrence of excessive administrative consequences and the important leadership of the review body.
Article 25 is deliberately or faulted, resulting in the occurrence of administrative misconceptions and the identification of responsibilities according to the role of the individual.
Chapter IV
Article 26
(i) A written inspection order;
(ii) To inform criticism;
(iii) Removal of prequalification for the year;
(iv) Excellence of awards;
(v) To caution against statements;
(vi) Suspension of law enforcement activities;
(vii) Redeployment or suspension training;
(viii) Removal;
(ix) Administrative disposal.
Article 27, according to the circumstances, the consequences and the size of the impact, has been dilapidated by the administrative error, which is generally wrong, serious mistakes and particularly serious faults:
(i) In exceptional circumstances, the consequences and impacts of damage to the relative administrative or administrative order are smaller and are generally misusory;
(ii) In serious circumstances, the consequences of the damage caused to the relative administrative or administrative order are serious and disproportionate;
(iii) In particular, the consequences of the damage caused by the relative administrative or administrative order are particularly severe and have an impact on the other.
Article 28 is generally misleading, giving the person directly responsible, individually or jointly, administrative treatment under article 26, subparagraphs (i), (ii), (iii), (iv), (v)). Individually granted or merged administrative treatment under article 26, subparagraphs (i), (ii), (iii), (iv), (v) and (v) of this approach to the principal lead responsibilities or key lead responsibilities.
Article 29 imposes a serious error on those directly responsible, gives administrative penalties to the administrative downgrading below, either alone or in combination to administrative treatment under article 26, subparagraphs (iii), (iv), 5 (vi), (vii), and (vii) of this approach, and gives administrative weight to the principal leadership responsibilities, key lead responsibilities, and administrative dispositions, either separately or jointly, to the administrative processing of article 26, subparagraphs (iii), (iv), (v), (vi), (vii)).
Article 31 gives persons with special gravity, directly responsible, administrative treatment under article 26, subparagraph (vi), (vi), (vi), (vi), (vi), (vi), and (d) of this approach to administrative dismissal, which is not subject to administrative dismissal, combined with article 26, subparagraphs (iii), (iv), (v), (vi), (vii), (vii) of the present approach, and administrative responsibility for the treatment of persons under the principal responsibility of the head of authority, subordination and disposal of administrative responsibility.
Article 31 is one of the following acts by the responsible administrative error and should be addressed again:
(i) More than two cases of administrative error should be held within one year;
(ii) Interference, obstruction and non-coordinated investigation into its administrative error;
(iii) To prosecute the complainant, the accused, the prosecution or the responsible person against retaliation;
(iv) In carrying out their duties, private fraud or the receipt of the belongings of the parties, acceptance of a personal request and participation in the tourism or recreational activities provided by the parties.
Article 32, an administrative error holder has offered to identify and correct errors in a timely manner, without causing significant losses or adverse impacts, and can be held accountable for administrative error.
In one of the following cases, there is no accountability for the administrative error of the staff of the executive branch:
(i) There is a lack of clarity in the legal, regulatory and regulatory provisions of application;
(ii) The discovery of new evidence after the conclusion of the investigation, which has led to changes in the nature of the facts and cases, with the exception of intentional concealment or omission of evidence;
(iii) Staff of the executive branch cannot be properly judged because of the administrative error;
(iv) The occurrence of administrative error due to force majeure;
(v) Other cases provided for by law, regulations and regulations.
Article 34 imposes a State liability due to administrative error and, in addition to the miserability under this approach, the reimbursement portion or all compensation costs shall be pursued to the responsible person in accordance with the relevant provisions of the National Compensation Act of the People's Republic of China.
Chapter V Accountability institutions and procedures
Article XV should be held accountable for administrative error, in accordance with the relevant provisions of the terms of competence for the management of personnel and the administration of the authorization. The establishment of an administrative error accountability institution at all levels of administration consists of heads of departments, such as heads of units, inspectors, the rule of law, personnel, auditing, etc., with the following responsibilities:
(i) Resolves to investigate;
(ii) Consideration of reports of investigations or proceedings;
(iii) Decisions taken.
Article 36 investigates the system of avoiding administrative misconduct. Members of the executive wrongly held accountable and the staff of their offices should be avoided in the interest of the administrative error and may affect fair treatment.
In one of the following cases, an investigation should be carried out to determine whether the person who commits the administrative act should assume responsibility for administrative error:
(i) The publication of normative documents and the development of administrative measures are in violation of the law by the superior organ or competent authority;
(ii) In administrative proceedings, the people's courts have been sentenced to annulment or partial dismissal, re-establishing specific administrative acts or changes, and responsible for implementation;
(iii) After administrative review, the review body decides to withdraw or partially withdraw, modify specific administrative acts, identify specific administrative acts in violation of the law or order;
(iv) In administrative law enforcement inspections at the upper or secondary levels or at the senior level, the Government or at the senior level, are found to be wrong and require investigation;
(v) Complaints, prosecutions and charges by citizens, legal persons or other organizations;
(vi) High-level authorities are required to investigate them.
Article 338 complaints, prosecutions, charges against citizens, legal persons or other organizations, and the institution responsible for administrative misresponsibility should examine the merits and decide whether or not to be admissible within 7 days. The facts under review should be admissible; there is no factual basis and inadmissible. There is a clear complaint, a prosecution and a complaint that should be informed of the reasons for admissibility.
Article 39 decides that the investigation shall be completed within 15 working days of the date of the decision. The situation is complex, with the approval of 15 additional working days. However, the laws, regulations, regulations and regulations provide for their provisions.
Article 40 complaints, prosecution, prosecution, prosecution, prosecution of the complainants against the non-recruitment of the decision or, in the opinion of the author of an administrative act, may be brought to the inspection body.
The cases handled directly by the inspectorate relate to administrative disposition and are governed by the relevant provisions of the National People's Republic of China Administrative Monitoring Act.
Article 40 decides on the treatment of an administrative wrongly responsible person, with a clear complaint, the prosecution and the accused, shall be communicated to the complainant, the prosecution and the accused.
Article 42 states that the responsible administrative error has the right to make statements and the right to defence.
The administrative erronety may submit a review or appeal to the same-level inspection body within 15 days from the date of receipt of the decision to deal with the decision, or to the same-level personnel arbitration body under the law. A review, review or arbitration decision shall be made within the specified period.
Article 43's decision to deal with an administrative error of responsibility shall be communicated to the same inspection body, personnel, the rule of law sector, in accordance with the terms of personnel management.
Annex VI
Article 44 states that the author refers to the head of the executive branch; the reviewer, which refers to the head of the department within the executive branch; the contractor refers to the staff who perform administrative matters. However, in accordance with the internal division of labour or subject to administrative authorization, other staff exercise the right to approval, review and approval, with the specific exercise of the right to approval, the reviewer.
This approach refers to those who, within their mandate, do not perform, perform or perform their statutory responsibilities in an unlawful manner or fail to perform or perform their legal functions, to those who have played a decisive role in causing administrative error; to the principal lead responsible for the work of the direct supervisor, irresponsible, non-performance, default or misappropriation of the statutory responsibilities, and to those who are directly responsible for causing administrative misleading responsibility; and to the important lead responsibility, within its mandate, to the work of the counterpart or to participate in the decision-making process, to the detriment of the performance of the responsible for the administration.
Article 42 of this city's executive branch shall, in accordance with the relevant provisions of this approach, develop a specific implementation approach to the accountability of this unit in conjunction with its work. The relevant units have developed an administrative error accountability system that should be revised in accordance with the relevant provisions of this approach. This approach is not specified and units can be effectively supplemented and refined in accordance with the work of this unit.
Article 46