Shanxi Province, Administrative Law-Enforcement Inspection Requirements

Original Language Title: 山西省行政执法检查规定

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(December 5, 2003 Shanxi Province Government 14th times Executive Conference considered through December 5, 2003 Shanxi Province Government makes 169th, announced) first article to strengthening and specification on administrative law enforcement of check, full advance law administrative, guarantees legal, and regulations, and regulations of right implementation, protection citizens, and corporate and other organization of lawful rights and interests of, according to Shanxi province administrative law enforcement Ordinance and about legal, and regulations of provides, developed this provides.
    Administrative law enforcement in these rules in article, refers to the administrative functions of the units (hereinafter referred to as administrative unit) and its staff members (hereinafter referred to as administrative law enforcement personnel) in accordance with the specific administrative relative person taken to directly or indirectly in activities that affect their rights and obligations.
    Administrative law enforcement inspection in these rules refers to the people's Government above the county level and their departments (hereinafter referred to as administrative law enforcement organs) this administrative structure, the system of administrative organs, lower administrative units and administrative enforcement of law and administrative law enforcement officials know, query, correction and supervision activities.
    Administrative law-enforcement units in these rules, including the administrative law enforcement organs and organizations authorized by the laws, regulations and administrative law enforcement organs in accordance with the delegated organization.
    Article in administrative law enforcement inspection activities within the administrative area of the province, these provisions shall apply.
    Fourth provincial people's Government, the unified leadership of the province's administrative law enforcement inspection work.
    The people's Governments above the county level shall direct departments and administrative law enforcement inspection work of the lower level people's Governments, and set up in the vertical administrative law enforcement activities within the administrative area to be checked.
    Fifth people's Governments above the county level Office of Legislative Affairs and the Office of Legislative Affairs Department work the people's Governments above the county level, as the people's Governments at the corresponding level, or the Department's administrative law enforcement inspection body, shall be responsible for the Administration, within the system of administrative law enforcement inspection guidance, supervision and coordination of activities.
    Administrative law enforcement agency personnel and administrative law-enforcement and inspection agencies to determine other administrative law enforcement personnel as the Chief law enforcement officer.
    Sixth administrative law enforcement and inspection personnel must have good political and professional quality, familiar and acquire the relevant knowledge of the law.
    Administrative law enforcement inspection personnel qualification and certification work, organized by the provincial legislative affairs agency and uniform implementation.
    Seventh article administrative law enforcement check of content main is: (a) legal, and regulations, and regulations of implementation situation; (ii) normative file of developed and record situation; (three) specific administrative behavior of legitimacy and appropriate sex; (four) administrative reconsideration, and administrative litigation and administrative compensation situation; (five) administrative law enforcement accountability and the other level supervision system of established and implementation situation; (six) other law should check of matters.
    Article eighth administrative inspection of law enforcement should stick to practical, focused, and results-oriented principles, around the local area and Department priorities and people reflect strongly targeted to, urge the administrative law-enforcement units to resolve legal, regulations, regulatory problems in the implementation, improvement of administrative law enforcement.
    Nineth administrative law enforcement organs should be based on the local area and the actual situation of the sector, development of administrative law enforcement inspection plan, implemented by the administrative inspection of law enforcement agencies.
    Administrative law-enforcement inspection bodies according to the local area, the actual situation of the sector, development of administrative law enforcement inspection plan, reported the people's Governments at the corresponding level, or the for approval before implementation.
    Administrative law enforcement agencies in carrying out their duties found in or investigating or correcting an administrative offence is needed, according to the report, are not bound by administrative law enforcement inspection plan.
    Tenth administrative law enforcement inspection body shall, in accordance with administrative law enforcement inspection plan administrative law enforcement inspection programme.
    Administrative law enforcement inspection plan should include the content of administrative law enforcement investigation, object, scope, focus, methods, procedures, organization and other matters.
    11th administrative law enforcement agencies should establish and strictly enforce the system of administrative law enforcement inspection, strengthen daily supervision of administrative enforcement activities.
    12th administrative law enforcement inspection bodies and administrative law enforcement and inspection personnel in the course of administrative law enforcement and inspection shall be subject to strict, impartial, efficient and clean.
    13th article administrative law enforcement check can through following way for: (a) site check; (ii) access review about files, and file or information; (three) on administrative law enforcement units and administrative law enforcement personnel for assessment; (four) asked insider, and to administrative law enforcement personnel, and administration relative people survey understand situation; (five) on about focus problem organization survey, and collection evidence or supervision processing.
    14th administrative law enforcement and inspection agencies to carry out inspections, prior notification is subject, or prior notice. 15th administrative law enforcement agencies should establish and improve the administrative law enforcement system. Citizens, legal persons or other organizations that administrative law enforcement and administrative law violations committed by law enforcement officials has the right to complaint to the administrative law enforcement inspection bodies or authorities.
    Complaints of citizens, legal persons or other organizations, administrative law-enforcement and inspection agencies or departments concerned shall accept and respond in a timely manner.
    16th the Chief law enforcement officer in the execution of their duties should be administrative law enforcement supervision of the people's Government of Shanxi province, to produce printed certificates; in addition to outside law enforcement violations detected and corrected in a timely manner, shall not be less than two.
    Administrative law enforcement and inspection personnel in administrative law enforcement inspection, it shall make the examination of administrative law enforcement.
    Article 17th of the administrative law enforcement unit and law enforcement officers inspected, shall assist and cooperate with the inspectors enforcing check report provides relevant information shall not be refused on any grounds to check.
    18th special administrative law enforcement inspection activities after the end of the deployment, administrative law enforcement agencies should be to report on the administration of administrative law enforcement organs to write.
    Report on the administration of the content must include: (a) to check the overall assessment of the implementation of the laws, regulations and rules and (b) cause analysis on problems existing in administrative enforcement of law and (iii) recommendations for improving administrative enforcement; (iv) laws and regulations, the rules themselves need to modify additional recommendations (v) other matters that require reporting.
    19th administrative enforcement unit self-examination can take units, departments, cross, system check check and correct violations of administrative law enforcement.
    Administrative units and their results should be reported to people's Governments and administrative enforcement unit at a higher level. 20th article on administrative law enforcement check in the found of problem, respectively different situation for following processing: (a) not has administrative law enforcement subject qualification or delegate law enforcement not legal of, ordered stop administrative law enforcement activities, and replacement procedures or reported to the about organ processing; (ii) administrative law enforcement personnel not meet Shanxi province administrative law enforcement Ordinance 11th article provides of, ordered where units out law enforcement post or dismissed; (three) main facts not clear, and evidence insufficient or applies legal, and regulations, and regulations errors of,
    Revoked or ordered corrected; (d) violation of legal procedures, to rescind, change or be ordered to renew a specific administrative act; (e) failure or delay in enforcing the law, rules and regulations, supervise the execution or ordered to perform; the failure to perform or delay in performing its statutory responsibilities, obligations and urge performed or ordered to perform.
    Withdrawn in the preceding paragraph, change or be ordered to renew a specific administrative decisions made by the administrative law enforcement organs; other decisions by the administrative law-enforcement agencies or administrative law enforcement organs.
    21st article administrative law enforcement check institutions on administrative law enforcement check in the found of problem, belongs to processing terms range within of, directly made processing decided; belongs to administrative law enforcement check organ processing terms range or need by administrative law enforcement check organ processing of, reported to the administrative law enforcement check organ processing; belongs to other sector processing terms range of, recommends about sector processing, about sector no due reason shall not refused to, and will processing situation written told administrative law enforcement check institutions. Administrative law enforcement authorities make a decision on the use of administrative law enforcement supervision notice.
    Treatment decisions of the administrative law enforcement agencies directly, use the notice of administrative law enforcement supervision; the Executive law enforcement authority, using the report forms; recommendations to relevant departments, administrative law enforcement supervision proposals.
    In the name of administrative law enforcement organs produced by the administrative law enforcement supervision notice affixed to the local government or special administrative law enforcement supervision in this sector; administrative law enforcement supervision made in the name of the inspection body of administrative law enforcement notices and administrative law enforcement supervision proposals sealed by the law enforcement inspection bodies or administrative law enforcement supervision in this sector-specific chapters.
    Administrative law enforcement supervision notice served was notification of administrative law enforcement units Hou, was notification of administrative law enforcement units must in provides of term within implementation, and will rectification results written report issued notification of administrative law enforcement check organ or administrative law enforcement check institutions; administrative law enforcement supervision recommends book served about sector Hou, about sector no due reason shall not refused to, and will processing situation written told recommends of administrative law enforcement check institutions.
    22nd administrative enforcement and administrative law enforcement inspection activities shall accept the supervision of the people's congresses at the corresponding levels and their standing committees.
    Administrative law-enforcement and administrative law enforcement inspection activities should be subject to judicial authorities, the CPPCC, democratic parties, social organizations, the media and the masses ' supervision.
    23rd administrative law enforcement personnel shall obstruct, obstruction of administrative law enforcement personnel shall perform their duties, by the administrative law-enforcement and inspection agencies or the Department criticized education, temporary suspension or cancellation of the administrative law enforcement certificate, and recommended that the relevant departments shall be given administrative sanctions. Article 24th executive law enforcement unit and law enforcement personnel who violate this provision, unjustified refusal to implement provisions of the administrative law enforcement supervision notice, inspection by the inspection of law enforcement agencies or executive law enforcement authority shall be ordered to correct immediately, give notice of criticism on administrative law enforcement units and heads of relevant government departments are directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions.

    Administrative inspection of law enforcement agencies in violation of the provisions of the article 25th, criticized by the administrative law enforcement organs in serious cases, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    Administrative law enforcement and inspection personnel in violation of the provisions of the administrative law enforcement inspection bodies or executive law enforcement authority depending on the seriousness of giving criticism and education, temporary suspension or revocation of administrative law enforcement supervision certificate shall be given administrative sanctions; a suspected crime, transferred to judicial organs for criminal prosecution.
  26th article of the regulations come into force on January 1, 2004.