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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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(Health No. 169 of 5 December 2003)

Article 1, in order to strengthen and regulate inspections of administrative law enforcement, promote the full implementation of the laws, regulations, regulations and regulations, protect the legitimate rights and interests of citizens, legal persons and other organizations, and develop this provision in accordance with the provisions of the Administrative Law Enforcement Regulations of the Province of San Francisco and the relevant laws, regulations and regulations.
Article 2 refers to activities that are directly or indirectly affecting their rights obligations under the law by units with administrative functions (hereinafter referred to as administrative law enforcement units) and their staff (hereinafter referred to as administrative law enforcement officials).
The administrative law enforcement inspection referred to in this provision refers to oversight activities undertaken by the Government of the above-mentioned people at the district level and by its competent service (hereinafter referred to as the executive law enforcement inspectorate) to the executive branch and administrative law enforcement officers in the present administration region, under the system.
This provision refers to administrative law enforcement units, including administrative law enforcement agencies, organizations authorized by law, legislation and administrative law enforcement agencies.
Article 3 conducts administrative law enforcement inspections within the administrative areas of this province and applies this provision.
Article IV
The Government of the more people at the district level leads the executive law enforcement inspections of the working sector and the lower-level people's governments, and conducts inspections of administrative law enforcement activities in the establishment of the vertical leadership sector within this administrative area.
Article 5
The staff of the administrative law enforcement inspectorate and other administrative law enforcement officers identified by the administrative law enforcement inspector.
Article 6. Administrative law enforcement inspectors must have good political, operational quality, familiarity and legal knowledge.
The eligibility of administrative law enforcement inspectors, the issuance of evidence, is the responsibility of the provincial people's Government's rule of law institutions and the organization of implementation.
Article 7.
(i) Implementation of laws, regulations and regulations;
(ii) The development and documentation of normative documents;
(iii) The legitimacy and appropriateness of specific administrative acts;
(iv) Administrative review, administrative proceedings and administrative compensation;
(v) The establishment and implementation of administrative law enforcement and other level-level oversight systems;
(vi) Other matters to be examined by law.
Article 8. Administrative law enforcement inspections should uphold the principle of in-depth, focused and results-oriented approaches that focus on the region, the work of this sector and the people's mass reflection of the strong problem, and urge administrative law enforcement units to address problems in the implementation of laws, regulations, regulations and regulations and improve administrative law enforcement.
Article 9. The executive law enforcement inspectorate shall establish administrative enforcement inspection plans based on the practice of the region and the sector, which are carried out by administrative law enforcement agencies.
The administrative law enforcement inspection body may develop an administrative law enforcement inspection plan, based on the practice of the region and the sector, to be organized after the approval of the Government of the current people or the sector.
The administrative law enforcement inspectorate is not bound by the administrative law enforcement inspection plan by identifying or correcting administrative offences in the performance of its official duties.
Article 10 Administrative law enforcement inspection agencies should develop administrative enforcement inspection programmes in accordance with administrative law enforcement inspection plans.
Administrative enforcement inspection programmes should include matters such as administrative law enforcement inspections, targets, scope, focus, methods, steps, organizational requirements.
Article 11. Administrative law enforcement inspection bodies should establish and strictly implement administrative law enforcement inspection systems to enhance day-to-day oversight of administrative law enforcement activities.
Article 12 Administrative law enforcement inspection bodies and administrative law enforcement inspectors should be rigorous, impartial, efficient and integrity during administrative law enforcement inspections.
Article 13 Administrative law enforcement inspections may be conducted by:
(i) On-site inspection;
(ii) Receive the examination of relevant files, documents or information;
(iii) Conduct evaluation of administrative law enforcement units and administrative law enforcement personnel;
(iv) Inquired about the knowledge of an informed person, to administrative law enforcement officials and to the relative to the administration;
(v) Organizing investigations, collecting evidence or monitoring on priority issues.
Article 14. The executive law enforcement inspectorate conducts inspections under the law, which may inform the subject of the examination before and may not be notified before.
Article 15. Administrative law enforcement inspection bodies should establish a system of judicial enforcement complaints. Citizens, legal persons or other organizations consider that administrative law enforcement units and administrative law enforcement officials have law enforcement offences and have the right to complain to administrative law enforcement agencies or the relevant authorities. Complaints against citizens, legal persons or other organizations should be received and answered in a timely manner by administrative law enforcement agencies or relevant departments.
Article 16, when administrative law enforcement officers perform their duties, should present administrative law enforcement oversight certificates that have been compiled by the Government of the people of the Province of San Sussi; no less than two persons may be found and subject to timely redress, in addition to law enforcement violations.
Administrative law enforcement inspectors conduct administrative enforcement inspections, and administrative law enforcement inspections should be produced.
Article 17 Administrative law enforcement units and administrative law enforcement officials inspected shall assist, cooperate with the inspection of administrative law enforcement inspectors, and provide information on the facts of the report, and shall not reject the inspection on any grounds.
The executive law enforcement inspectorate should write administrative law enforcement reports to the administrative law enforcement inspectorate after the administrative law enforcement inspection activities specifically deployed.
The contents of the administrative enforcement inspection reports should include:
(i) Comprehensive evaluation of the implementation of the laws, regulations and regulations inspected;
(ii) Problem and causes analysis in administrative law enforcement;
(iii) Recommendations to improve administrative law enforcement;
(iv) Legislation, regulations and regulations themselves need to modify the additional recommendations;
(v) Other matters requiring reporting.
Article 19 Administrative law enforcement units may use units to inspect themselves and correct violations in administrative law enforcement, such as self-identification, inter-ministerial and systematic inter-checking.
Administrative law enforcement units should report the results of their own inspections to the Government and the executive law enforcement units at the highest level.
Article 20 addresses issues identified in administrative law enforcement inspections, as follows:
(i) The absence of a functionality of the executive law enforcement or the commission of law enforcement is not lawful, ordering to stop administrative law enforcement activities, disciplinary proceedings or reporting to the authorities concerned;
(ii) Administrative law enforcement officers are not in accordance with article 11 of the administrative law enforcement regulations in the Province of San Sustainability, and are responsible for the relocation of the office or revocation;
(iii) Discussed, insufficient evidence or error of application of laws, regulations, regulations, regulations, rules and regulations, which have been removed or punished by time limits;
(iv) Removal, modifying or punishing specific administrative acts in violation of statutory procedures;
(v) Execution or delay in the implementation of laws, regulations, regulations, supervision of enforcement or enforcement of a period of time; enforcement or enforcement of legal duties, obligations and deadlines for failure or delay.
The decision to rescind, modify or punish specific administrative acts was taken by the executive law enforcement inspectorate; other decisions could be taken by the administrative law enforcement inspectorate or by administrative law enforcement agencies.
Article 21, the administrative law enforcement inspectorate has found problems in administrative law enforcement inspections, which fall within the purview of the handling and direct decision-making; that is the administrative law enforcement inspectorate to deal with the terms of reference or needs to be handled by administrative law enforcement agencies; and that it belongs to other departments to deal with the terms of reference, recommends that the relevant departments address, do not justify the refusal of the authorities concerned and inform the administrative law enforcement agencies in writing.
The executive law enforcement inspectorate has taken a decision to use administrative law enforcement oversight letters. The executive law enforcement inspectorate takes decisions directly and uses a letter of administrative law enforcement oversight; reports of administrative law enforcement inspection authorities to handle and use the form of reports; recommends that the relevant authorities address and use administrative law enforcement oversight recommendations.
The letter of administrative law enforcement oversight, which was produced on behalf of the executive law enforcement inspectorate, adds to the exclusive chapter of the executive law enforcement supervision of the superior people's Government or the sector's administration; the letter of administrative law enforcement oversight and administrative law enforcement oversight recommendations produced in the name of the administrative law enforcement inspectorate have been added to the executive law enforcement body or the special chapter for administrative law enforcement oversight in this sector.
Upon the transfer of the administrative law enforcement authority to the noticed administrative law enforcement units, the administrative law enforcement units of the notice must be executed within the prescribed time period, and the administrative law enforcement inspectorate or administrative law enforcement agencies that have been notified in the written report; the administrative law enforcement oversight recommendations are sent to the relevant departments without justification and will inform the administrative law enforcement agencies that have submitted recommendations in writing.
Administrative law enforcement and administrative law enforcement inspection activities should be subject to the supervision of the General Assembly and its Standing Committee.
Administrative law enforcement and administrative enforcement inspection activities should be subject to the supervision of the judiciary, the Civil Affairs Association, the Democratic Party, social groups, the media and the people.
Article 23. Administrative law enforcement officials obstruct and prevent administrative law enforcement inspectors from carrying out their duties under the law, are criticized by administrative law enforcement agencies or their departments for education, suspension or suspension of administrative law enforcement certificates, and recommend that the relevant authorities be given administrative penalties in accordance with the law.
In violation of this provision by administrative law enforcement units and their administrative law enforcement officials, there is no justification for denying the implementation of the provisions of the administrative law enforcement supervision, which is immediately rectified by an administrative law enforcement inspectorate or administrative law enforcement inspection authority, and to inform the administrative law enforcement units and recommend that the authorities give administrative treatment to the competent and other persons directly responsible.
Article 25 Administrative law enforcement inspection bodies, in violation of this provision, are criticized by the administrative law enforcement inspectorate; in serious circumstances, are subject to administrative disposition by law of the competent and other direct responsible personnel directly responsible.
In violation of this provision, administrative law enforcement inspectorates are criticized by administrative law enforcement agencies or administrative law enforcement inspectorates, in the light of the circumstances, for the purpose of giving priority to education, suspension or suspension of administrative law enforcement oversight certificates, which are subject to the law, and for the transfer of criminal responsibility to the judiciary.
Article 26