Guizhou Province, Administrative Law Enforcement Accountability And Evaluation Requirements

Original Language Title: 贵州省行政执法责任制和评议考核规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(January 19, 2004 14th meeting consideration of Guizhou province on February 26, 2004, Guizhou Provincial people's Government promulgated as of April 1, 2004, 75th), first in order to standardize the administrative law enforcement, promoting administration according to law and ensure that the law enforcement authorities, maintaining the lawful rights and interests of citizens, legal persons and other organizations, in accordance with the Constitution and relevant regulations of the State, combined with the facts of the province, these provisions are formulated.
    Second administrative law enforcement organs at all levels in the province and the administrative law enforcement personnel shall abide by these provisions.
    Article III administrative law enforcement in these rules refers to administrative law enforcement organs at all levels to develop normative documents, implementation of administrative license, the administrative punishment and administrative compulsory, administrative reconsideration, administrative expropriation or requisitioning, administrative decisions, administrative confirmations, administrative supervision, administrative payment and other administrative acts.
    Administrative law enforcement responsibility in these rules refers to statutory responsibility for administrative law enforcement organs the decomposition, administrative law-enforcement agencies and personnel of law enforcement powers, responsibilities and objectives of the system.
    Administrative organization for law enforcement in these rules refers to administrative authorities at all levels of the administrative law enforcement entity, authorized by laws and regulations to administer public affairs functions of the Organization, in accordance with the laws, regulations or rules of delegated management of public affairs and institutions.
    Administrative law enforcement personnel in these rules refers to obtain qualifications for administrative law enforcement in administrative law-enforcement organs at all levels, and assume control of administrative law enforcement staff.
    Fourth article establish and implement a responsibility system for administrative law enforcement must adhere to the terms of reference of the law, in line with principles, a combination of internal and external oversight. Fifth people's Governments above the county level leadership responsibility system for administrative law enforcement work in their respective administrative areas.
    The vertical management departments ' responsibility system for administrative law enforcement work by the superior administrative departments, and the leadership of the people's Governments at the same level.
    Rule of the people's Governments above the county level bodies and belongs to the administrative law-enforcement agencies, in conjunction with relevant government departments responsible for the implementation, the system of administrative law enforcement responsibility.
    Sixth administrative law enforcement organs shall, in accordance with the provisions of article building and implementing the responsibility system for administrative law enforcement.
    Article seventh administrative law enforcement responsibility system for administrative law enforcement bodies are the Executive Heads of the agencies responsible for leading the work responsibility system for administrative law enforcement.
    Eighth rule of the people's Governments above the county level per year shall be the administrative work of implementing the responsibility system for administrative law enforcement report higher people's Government legal agencies.
    People's Government above the county level administrative organs shall each year the authorities implementing the responsibility system for administrative law enforcement report similar legislative affairs agency and parent authorities. Nineth article administrative law enforcement organ established administrative law enforcement accountability should including following content: (a) statutory terms of classification finishing, decomposition implementation, posts set accountability; (ii) this organ and features institutions, and administrative law enforcement personnel of administrative law enforcement permission, and responsibility and work target; (three) administrative law enforcement responsibility qualitative quantitative and comments assessment system; (four) administrative law enforcement fault responsibility of held system; (five) administrative law enforcement activities of public, and publicity system; (six) service political, and independent Commission against corruption, and
    Administrative effectiveness of the safeguards and complaint systems; (VII) knowledge of administrative law enforcement personnel training, evaluation measures and impartial, and civilized law enforcement requirements; (h) the administrative law enforcement instruments used, file management and statistical reporting systems; (IX) other relevant administrative law enforcement responsibility.
    Tenth administrative law enforcement organs of evaluation into management by objectives, conducted once in every year, target management institutions and people's Governments above the county level shall rule of agency organization.
    11th article on administrative law enforcement organ comments assessment of main content has: (a) led and organization implementation administrative law enforcement accountability of work situation; (ii) established and implementation administrative law enforcement accountability about system of situation; (three) normative file record review work situation; (four) administrative license, and administrative punishment, and administrative forced, and administrative reconsideration, administrative law enforcement situation; (five) on administrative law enforcement personnel violations of held situation; (six) County above Government determine of other need comments assessment of content.
    12th article County above target management work institutions and government legal institutions carried out comments assessment work, can take following way for: (a) heard was comments assessment organ of reported; (ii) check out administrative law enforcement archives and and administrative law enforcement about of other work information; (three) to was comments assessment organ has work contact of units understand situation; (four) sought NPC representative, and CPPCC members or social from all walks of life on comments assessment organ of views.
    13th evaluation of administrative law enforcement agencies, in accordance with objective management assessment program.
    Evaluation results by target management institutions at all levels and the rule of the people's Governments at the same level approved by the Agency, and at the same time as part of the evaluation of performance of Heads of administrative law enforcement organs.
    14th evaluation of administrative law enforcement personnel into the annual performance evaluation.
    15th administrative law enforcement organs for people's Government above the county level shall be reported to the people's Governments at the corresponding level compliance and enforcement of laws, rules and regulations, reflect the existing problems. The people's Government above the county level within the institutions responsible for the administration of the legal system of administrative law enforcement supervision and inspection work, and establish a system of administrative enforcement evaluation.
    Within the administrative area of society reflects a strong sense of the relevant administrative law enforcement problems, should be undertaken in a timely manner would investigate, and report to the people's Governments at the corresponding level to investigate the situation.
    People's Government above the county level agency Legislative Affairs Agency is responsible for the system of administrative law enforcement responsibility system for administrative law enforcement supervision and inspection work.
    16th administrative law enforcement entity of the administrative law enforcement organs, by the people's Governments above the county level legal agencies according to the law, regulations and rules of the verification and announcements in the media. 17th administrative law enforcement personnel must apply for administrative law enforcement in Guizhou province card and certificates, permits law enforcement.
    According to the provisions of laws and regulations have other types of administrative documents, shall be filed with the people's Government at the same level legal filings.
    People's Government above the county level administrative law enforcement organs should be the list of administrative law enforcement personnel changes and announcements in the local media in a timely manner, subject to public supervision.
    18th has one of the following, or superior administrative departments of the people's Governments above the county level shall give notice of criticism, an administrative violation, the person directly responsible and other persons directly responsible shall be given administrative punishments, Director of: (I) failure to establish and implement a responsibility system for administrative law enforcement, (ii) refusal to accept supervision and inspection, and appraisal; (c) deception.
    19th article concerned carry out supervision and inspection, and appraisal of staff, in the work of supervision and inspection, appraisal fraud, malpractice, neglect their duties, constitutes an administrative violation, according to the personnel management authority shall be given administrative sanctions.
                                                                                                                    20th article of the regulations come into force on April 1, 2004.