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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                 Chapter I General provisions article for promoting administration according to law and improve administrative efficiency, administrative organs and their staff the correct, timely, impartial and efficient administration, prevention and correction of administrative behavior, according to the People's Republic of China on administrative supervision law, the provisional regulations on civil servants, the law enforcement work in Wuhan City Ordinance and other relevant laws and regulations, these measures are formulated. Second, administrative bodies and organizations entrusted by the executive authorities in discharging their management responsibilities according to law, as well as the organization authorized by laws and regulations (hereinafter referred to as administrative organs) the staff in the performance of business activity as an administrative fault and omission responsibility, these measures shall apply. Article III administrative faults in these measures refers to administrative personnel do not perform, illegal to perform or properly perform their statutory duties, resulting in effect Executive orders and administrative efficiency, delay the Administration, or prejudice the legitimate interests of administrative counterpart, adverse effects and consequences of behavior. Article IV administrative authorities at various levels shall perform their respective duties and administrative rights, responsible for administrative liability of those people administration liability. Otherwise provided by laws and regulations, from its provisions. Administrative supervisory organs responsible for the fault responsibility investigation of administration of supervision and inspection, and lawful investigation and handling of the city's influential administrative fault case. Article fifth administrative fault responsibility investigation, stick to seeking truth from facts, wrong will investigate, punish commensurate with responsibility, the principle of combining education with punishment.
             Sixth administrative fault responsibility investigation system of administrative organs must be established, and its inclusion in administrative law enforcement responsibility, as important elements of responsibility and job evaluation. Second chapter administrative fault responsibility held range seventh article administrative organ in implementation administrative license management process in the, has following case one of of, should held administrative fault responsibility: (a) on meet provides conditions of administrative license application not accepted of; (ii) is not Office places publicity law should publicity of material of; (three) in accepted, and review, and decided administrative license process in the, not to applicants, and interest relationship people perform statutory told obligations of; (four) applicants submitted of application material not full, and not meet statutory form
, Not once told applicants must correction of all content of; (five) not law description not accepted administrative license application or not administrative license reason of; (six) law should held hearing and not held hearing of; (seven) obtained or received others property or seek other interests of; (eight) unauthorized charges or not by statutory project and standard charges of; (nine) interception, and misappropriated, and privately or disguised privately implementation administrative license law charged of costs of;
    (10) on not meet statutory conditions of applicants granted administrative license or beyond statutory terms made granted administrative license decided of; (11) on meet statutory conditions of applicants not administrative license or not in statutory term within made administrative license decided of; (12) law should according to tender, and auction results or exam results preferred made granted administrative license decided, without tender, and auction or exam, or not according to tender, and auction results and the exam results preferred made granted administrative license decided of; (13) illegal delegate intermediary institutions, and subordinates institutions or other organization generation line license management right of; (14) on involved different sector of license, not timely active coordination, mutual shuffle or delay not do, or in this sector license matters completed Hou not transfer or delay transfer other sector of; (15) other violation administrative license provides, bungle administrative license work or damage license application people lawful rights and interests of of. Administrative permission referred to in the preceding paragraph, refers to administrative organs according to the applications of the citizens, legal persons or other organizations, law review, grant acts engaged in specific activities.
    Eighth article administrative organ in implementation administrative levy management process in the, has following case one of of, should held administrative fault responsibility: (a) cannot set according to implementation levy of; (ii) without statutory program approved, unauthorized established levy project of; (three) not by statutory range, and time implementation levy of; (four) interception, and privately or unauthorized expenditure levy paragraph of; (five) implementation levy not issued legal notes of; (six) not show effective qualification documents implementation levy of; (VII) other acts that violate the provisions imposed. Administrative levy referred to in the preceding paragraph, refers to the collection of taxes and administrative fees.
    Nineth article administrative organ in implementation administrative check management process in the, has following case one of of, should held administrative fault responsibility: (a) cannot set according to implementation check of; (ii) no due reason, and matters, and content implementation check of; (three) not show effective qualification documents implementation check of; (four) not by statutory program, and time implementation check of; (five) not by statutory permission or beyond statutory permission implementation check of; (six) gave up, and shuffle, and delay, and refused to perform check duties of; (G) the inspection found violations in concealing, harboring and shielding and conniving, action to stop or correct; (VIII) damage the lawful rights and interests of the inspected object and (IX) other violations of provisions on administrative inspection work. Tenth Article administrative organ in on violation administration order of behavior implementation administrative punishment Shi, has following case one of of, should held administrative fault responsibility: (a) not has administrative law enforcement subject qualification implementation administrative punishment of; (ii) illegal delegate implementation administrative punishment of; (three) no legal and facts according to implementation administrative punishment of; (four) unauthorized set administrative punishment or change administrative punishment type, and range of; (five) violation statutory administrative punishment program of; (six) meet hearing conditions, Administrative relative people requirements hearing, should to organization hearing and not organization hearing of; (seven) not using fine, and confiscated property documents or using illegal set sector business sent of fine, and confiscated property documents of; (eight) violation administrative punishment method provides itself collection fine of; (nine) using positions Shang of convenience, obtained or received others property, collection fine pocketed of; (10) should transfer judicial organ held criminal and not transfer, to administrative punishment instead of penalty of; (11) negligence, Action to stop violations of should be stopped and punished according to law, penalties, causes a citizen, legal person or other organization's legitimate rights and interests, and damage to the public interest and public order (12) other illegal imposition of administrative penalty. 11th article administrative organ in law enforcement process in the take administrative forced measures Shi, has following case one of of, should held administrative fault responsibility: (a) cannot set according to take forced measures of; (ii) violation statutory program take administrative forced measures of; (three) beyond statutory permission take forced measures of; (four) other violation administrative forced measures provides, damage administrative relative people lawful rights and interests of of. 12th article administrative organ in perform administrative duties of process in the, has following case one of of, should held administrative fault responsibility: (a) illegal fund-raising, and assessed costs or illegal requirements citizens, and corporate or other organization perform other obligations of; (ii) law should perform citizens, and corporate or other organization application protection its personal, and property, statutory duties and refused to perform of; (three) violations citizens, and corporate or other organization of legal business autonomy of; (four) damage citizens, and Personal rights and property rights of the legal person or other organization other law enforcement actions. 13th administrative authorities should carry out his managerial responsibilities and refuse to perform, without undue delay to perform shall be investigated for administrative liability. 14th article administrative organ in perform administrative reconsideration duties Shi, has following case one of of, should held administrative fault responsibility: (a) on meet conditions of reconsideration application, should to accepted and no due reason not accepted of; (ii) not according to provides transferred administrative reconsideration application of; (three) in statutory term within not made reconsideration decided of; (four) in administrative reconsideration activities in the engages in or has other malfeasance, and dereliction of behavior of.
15th article administrative organ staff in perform administrative duties Shi, has following case one of of, should held administrative fault responsibility; (a) has administration functions of units, not in handle places obviously location hanging do schematic and public do flowchart of; (ii) not involved key of service content, and do program, and commitment time, and charges standard, and supervision channel, and do results not public of; (three) oriented social directly accepted business of window units, work during empty gang of;
(Four) staff induction not by provides wearing work brand, and wearing uniforms of; (five) on service object not ignored, and not replies of, belongs to duties range within of matters shuffle, and delay not do of; (six) on communications, and calls, not by provides sign, and registration, and audit, and proposed proposed views, no due reason not by provides time submitted led contracting of; (seven) on not belongs to this units terms range or should not be by this units handle of matters, not description, and not asked, and not transferred, ignored of;
(Eight) documents handle in the met has involved other sector terms of matters, not and about sector consultations or consultations cannot made consistent views, not reported to the superior led or organ ruling, good for decided of; (nine) not strictly implementation confidential and file management provides, led file, and archives, and information leaks, and damaged or lost of; (10) business sent documents, not strictly check paper species, and paper,, and format, and text and the stamped seal, led to occurred serious consequences of; (11) without led validation issued unauthorized issued a of;
                (12) not complying with the time limit dispatch (13) does not require the use of a seal (14) other violations of the internal management system, delaying the administration of internal affairs management. Chapter III Administrative Division and assumed liability article 16th administrative liability is divided into: direct responsibility, the primary leadership responsibility and an important leadership responsibility. �

    Article 17th sponsor without approval of the reviewer and approver directly to specific administrative acts and administrative consequences of fault, are directly responsible. Undertaker fraud, malpractice, reviewer, approver fails to properly review and approval responsibilities, leading to administrative consequences of fault, contractors are directly responsible. Although approved by the reviewer and approver, but contractors are not in accordance with the specific administrative act review, approval, implementation and administrative consequences of fault, contractors are directly responsible. 18th undertaker proposals or suggestions for errors, reviewer and approver should be found and not found or has not been corrected after it was discovered, leading to administrative consequences of fault, contractors bear direct responsibility, reviewers will have the primary leadership responsibility to ratify important leadership responsibility for people. 19th reviewer does not accept or change contractors correct opinion, approved by the approved administrative consequences of fault, the reviewers were directly responsible, approved by the primary leadership responsibility. Reviewers do not approval of the approving decisions directly led to administrative consequences of fault, the reviewers were directly responsible. Article 20th person does not accept or change the correct views of the undertaker, audit and administrative consequences of fault, approved by bear direct responsibility. Without the contractor's action and the reviewer, approved by decisions directly led to administrative consequences of fault, approved by bear direct responsibility. 21st led instruction, intervention, specific administrative acts and administrative consequences of fault, instruction, intervention, direct responsibility for the leadership. 22nd superior authorities change a subordinate organ specific administrative acts and administrative consequences of fault, authorities charge an important leadership responsibility. Article 23rd after hearing decisions, approval of people agree with the hearing officer's error suggested that lead to the consequences of fault, the hearing officer directly responsible, approved by the primary leadership responsibility; approved by hearing right advice is not leading to administrative consequences of fault, approved by bear direct responsibility. 24th reconsideration organ change the original specific administrative act, leading to administrative consequences of fault, head of the administrative body held important leadership responsibility.
                 25th article of two or more persons intentionally or negligently, resulting in administrative consequences of fault, in the role of personal responsibility. Fourth chapter administrative fault responsibility held 26th article administrative fault responsibility held way is divided into: (a) ordered made written check; (ii) informed criticism; (three) canceled when assessment assessment first qualification; (four) withholding bonus; (five) commandments Mian talk; (six) suspended law enforcement activities; (seven) out law enforcement post or suspended post training; (eight) dismissed; (nine) give administrative sanctions. 27th article according to plot weight, and damage consequences and effect size, administrative fault is divided into general fault, and serious fault and special serious fault: (a) plot minor, to administrative relative people or administration order caused damage consequences and effect smaller of, is General fault; (ii) plot serious, to administrative relative people or administration order caused damage consequences serious, and effect larger of, is serious fault; (three) plot special serious, The administrative relative person or administration order resulting in harmful consequences are especially serious, significant, is a particularly serious mistake. 28th General fault, directly responsible for separate or merge to article 26th of this approach (a), (b), (c), (d), (e) administrative processing. Or important leadership responsibility for primary leadership responsibility, separately or in combination to provide the article 26th (a), (b), (c), (d), (e) administrative processing. 29th article for serious fault, on negative directly responsibility who, give administrative downgraded following administrative sanctions, separate or merged give this approach 26th article subsection (three), and (four), and (five), and (six), and (seven) items administrative processing; on negative main led responsibility, and important led responsibility who, give administrative remember than and the following administrative sanctions, separate or merged give this approach 26th article subsection (three), and (four), and (five), and (six), and (seven) items administrative processing. 30th article for special serious fault, on negative directly responsibility who, give this approach 26th article subsection (eight) items administrative processing, and administrative dismissed or administrative fired disposition, which give administrative dismissed disposition of, separate or merged give this approach 26th article subsection (three), and (four), and (five), and (six), and (seven) items administrative processing; on negative main led responsibility who, give administrative downgraded and the above disposition, which not give administrative fired disposition of, merged give this approach 26th article subsection (three), and (four), and (V), (vi), (VII) administrative process; to take important lead responsibility, punishment imposed administrative demerit and above, which does not give the Chief expelled, merge this article 26th (c), (d) and (e), (f), (g) administrative processing. 31st article administrative fault responsibility people has following behavior one of of, should from heavy processing: (a) 1 years within appeared two times above should to held administrative fault case of; (ii) interference, and hinder, and not tie on its administrative fault behavior for survey of; (three) on complaints people, and charged people, and report people or responsibility held hosted personnel retaliates against of; (four) in perform duties process in the has engages in behavior or received party property, and accept party hosted, and participate in party provides of tourism or entertainment activities of. Article 32nd administrative liability proactively identify and correct errors, caused no major damage or adverse effects, can be given a lighter or mitigated punishment or be exempted from administrative liability of those.
    33rd article has following case one of, not held administrative organ staff of administrative fault responsibility: (a) for applies of legal, and regulations, and regulations provides not clear and appeared awareness understanding deviation of; (ii) closed Hou found new of evidence, makes original finds facts and case nature occurred changes of, but deliberately hide or for fault missed evidence of except; (three) for administrative relative people fraud, and led administrative organ staff cannot made right judge of; (D) administrative faults resulting from force majeure situations occur, and (v) other circumstances as stipulated by laws, rules and regulations.
                  Article 34th State due to administrative fault liability fault except in accordance with this regulation to hold responsibility, should also be in accordance with the People's Republic of China relevant provisions of the law on State compensation, to the relevant persons who recover some or all of the damages. The fifth chapter administrative fault responsibility investigation bodies and procedures article 35th administrative fault responsibility investigation should be handled according to relevant regulations to manage permissions and administrative sanctions for approval. Administrative authorities at all levels to establish the administrative fault responsibility investigation agencies, the Agency members of the unit leadership, monitoring, legal, personnel, audit department consists of mainly perform the following duties: (a) decide whether to investigate, (ii) the consideration of the report of the investigation or trial, and (iii) to make a decision. 36th survey to deal with avoidance system in the administrative acts of fault. Administrative fault investigation agency members and their office staff and act interested, may affect the impartiality of administrative fault handling, should carry out the withdrawal. 37th article has following case one of of, should for survey, to determine implementation the administrative behavior of personnel whether should bear administrative fault responsibility: (a) released normative file and developed administrative measures has illegal case was superior organ or competent organ law revoked; (ii) by administrative litigation, was court judgment revoked or part revoked, and again made specific administrative behavior or change, and ordered perform of; (three) by administrative reconsideration, was reconsideration organ decided revoked or part revoked, and change specific administrative behavior, and Confirmation of illegal specific administrative act or be ordered to perform and (iv) higher or same level people's Congress, Government or Government Department in administrative law enforcement supervision and inspection, and found errors, require investigation; (e) a citizen, legal person or other organization complaints, exposures or charges; (f) the authorities demanding an investigation into responsibility. Article 38th for the citizens, legal person or other organization's complaint, report or complaint, the Chief fault responsibility investigation body should examine the facts in the 7th and deciding whether to accept. Having examined all the evidence, shall accept without basis in fact, inadmissible. Specifically complainants, informants, complainants, shall inform the inadmissibility grounds. 39th decided to investigate the case, shall decide within 15 working days from the day of acceptance survey completed. Complex, approval may be extended by 15 working days for processing. Otherwise provided for by laws, regulations, rules, from its provisions. 40th complainants, informants, and not accepted by the complainant does not accept the decision, or finds it inconvenient to make administrative complaints, reports, complaints can be submitted to the supervisory organs. Supervisory organs apply directly for cases relating to administrative sanctions, in accordance with the People's Republic of China Law on administrative supervision regulations. 41st Executive responsible for the fault decision has specific complainants, informants and complainants, it shall notify the complainant, the Prosecutor and the accused person. 42nd administrative liability has the right to be heard and right to be heard.
    Administrative liability for people not satisfied with the decision, 15th days after receipt of the decision to make a decision on the review or appeal to the supervisory organs at the same level, it can apply to peer personnel arbitration organization for arbitration. Review, review, decision or arbitration decision shall be made within the prescribed time. �

    Article 43rd on administrative liability made a decision, in accordance with the personnel management permission shall be submitted to the supervisory organs, personnel and legal department at the same level. Sixth chapter supplementary articles mentioned in the 44th article of the measures approved, Executive Director; reviewer, refers to the internal organization of the Executive Head of the undertaker, refers to the concrete contractor staff on administrative matters. But in accordance with or authorized by the administrative division of internal management, by other staff exercise of authority, audit authority, approval of the specific exercise of rights, the right to audit personnel for approval, the reviewer. This approach by said directly responsibility who, is refers to in its duties range within, not perform, and illegal perform or improper perform statutory duties, on caused administrative fault up decisive role of personnel; main led responsibility who, is in its duties range within, on directly competent of work not responsible, not perform, and illegal perform or improper perform statutory duties, on caused administrative fault negative directly led responsibility of personnel; important led responsibility who, is in its duties range within, corresponds to tube of work or participation decided of work, not perform, and Illegal to perform or properly perform their statutory duties, secondary lead responsibility for administrative faults personnel. 45th article of the municipal administrative organs at all levels shall, in accordance with the relevant provisions of the measures, combined with the work of their unit, develop the administrative fault responsibility investigation of specific measures for its implementation. Authorities formulate related administrative fault responsibility investigation system should be revised in accordance with the relevant provisions of this approach. Not specified in this way, the units can be based on the actual work to supplement and perfect. 46th article of the rules as of April 1, 2004.