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Hebei Province, Administrative Law And Administrative Law Enforcement Supervision Requirements

Original Language Title: 河北省行政执法和行政执法监督规定

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(Adopted at the 16th ordinary meeting of the Government of the Northern Province on 24 November 2003 by Decree No. [2003] No. 10 of 28 November 2003)

Chapter I General
Article 1, in order to regulate administrative law enforcement, strengthen administrative law enforcement oversight and promote the administration of the administration of the administration in accordance with the relevant laws, regulations and regulations, and develop this provision in the light of the actual practice of the province.
Article 2
Article 3 refers to administrative law enforcement, as described in this Article, to administrative organs that have administrative law enforcement authority under the law (a body or organization that is authorized by the executive law enforcement branch, legislation and regulations, which includes the administration of justice, as follows:
Article IV provides for administrative law enforcement oversight, which refers to the superior supervision of the executive law enforcement activities of the executive branch of the executive branch of the executive branch of the administrative law enforcement in the administrative law enforcement sector at the level of the system by the Government of the superior population, the Government of the people at the district level.
Article 5
The Government's rule of law institutions at all levels (hereinafter referred to as the Government's rule of law bodies) are specifically responsible for administrative law enforcement oversight in this administrative area under the leadership of the Government of the people at this level; the rule of law institutions at all levels (hereinafter referred to as the rule of law institutions in the sector) are specifically responsible for the establishment of administrative law enforcement oversight in this sector, as well as administrative law enforcement in the administrative law enforcement sector under this system.
Administrative law enforcement activities in the vertically led administrative law enforcement sector should be subject to oversight by the same-level people's government and the superior administration.
Article 6. Civil, legal or other organizations have the right to apply for administrative review or administrative proceedings in accordance with the law and to lodge complaints or reports to the oversight organs. The right to administrative compensation is required in accordance with the law by virtue of the unlawful exercise by the administrative law enforcement authorities of their legitimate rights and interests.
Chapter II
Article 7.
The executive law enforcement branch, which is headed by vertically, is backed by the competent authority to review the functionality of administrative law enforcement, in accordance with the administrative reporting lines.
In accordance with the provisions of the preceding paragraphs, the executive law enforcement authorities that are eligible for executive law enforcement are entitled to conduct specific administrative acts in their own name and to assume corresponding legal responsibilities.
Article 8
Article 9. In accordance with the provisions of laws, regulations and regulations, the administrative law enforcement authorities may commission administrative penalties and their related administrative law enforcement within the statutory authority.
The administrative law enforcement branch has entrusted other organizations with the execution of administrative penalties and their related administrative law enforcement acts, which should be given a written form of commissioning, specifying the matters, competence and duration of the commission and publicizing them.
Article 10 The mandated organization shall, within the scope of its mandate, make specific administrative acts in the name of the entrusted department.
The authorities should provide guidance and oversight on the administrative penalties of the commissioning organization and its related administrative law enforcement, and assume legal responsibility for the consequences of the act.
Article 11. Administrative law enforcement officials engage in administrative law enforcement activities and must have access to administrative law enforcement certificates issued by the Government of the people at this level or other law enforcement documents accredited in the file.
Persons who have not obtained administrative law enforcement certificates or other law enforcement documents that have not been accredited in the case may not be involved in administrative law enforcement activities.
Article 12. The rule of law institutions at all levels, under the leadership of the Government of the people at this level, are specifically responsible for the issuance, annual prosecution and filing of administrative law enforcement documents.
Article 13 should establish a legal training system at all levels of government rule of law institutions and administrative law enforcement authorities to conduct regular legal knowledge training for administrative law enforcement officials.
Chapter III Administrative law enforcement
Article 14. The executive law enforcement branch shall exercise administrative law enforcement authority within the framework of law, regulations and regulations, and shall not exceed its mandate or give up its statutory responsibilities, and shall perform administrative law enforcement functions in accordance with the authorized responsibilities and powers.
In the course of administrative law enforcement, the administrative law enforcement sector found matters that fall under the jurisdiction of other administrative law enforcement authorities and should be informed in a timely manner of administrative law enforcement.
In the course of the investigation of the offence, the administrative law enforcement authorities should transfer cases of suspected crimes to public security authorities in accordance with the provisions of the transfer of suspected criminal cases by administrative law enforcement authorities.
Article 15. Administrative law enforcement by law enforcement officials should produce administrative law enforcement documents; citizens, legal persons or other organizations have the right to refuse cooperation without presentation of administrative law enforcement documents.
Article 16 Law enforcement officials should avoid:
(i) Relating to the administration of the same person, the direct blood-related relationship, and the three-generation spoilers;
(ii) Relations with the administration of justice for the benefit of others;
(iii) Other relationships with the administration may affect justice enforcement.
Article 17, when administrative law enforcement authorities conduct law enforcement inspections, investigation cases, collection of evidence and enforcement measures, administrative law enforcement officials shall not be less than two.
Article 18, when the administrative law enforcement branch investigates the site, it shall notify the parties or their agents to the place; the parties or their agents are less than on site, shall invite the parties neighbouring, the personnel of the unit or the personnel of the grass-roots organization to present the evidence.
The results of the survey should be produced and signed by the surveyor, the party or its agent, the witness; the party or its agent, the witness's refusal to sign, without prejudice to the effectiveness of the results of the survey, but the surveyor should indicate the circumstances in the record.
Article 19 provides specific administrative actions by the administrative law enforcement authorities and should inform the parties of the fact, reason, basis and the rights enjoyed by the law in respect of specific administrative acts and fully listen to the parties' statements and the defence.
The administrative law enforcement sector shall not be subject to increased administrative penalties or to deliberate precision, delay and harassment on matters of application.
Article 20 provides that specific administrative acts requiring written notification to the parties should be used by the administrative law enforcement instruments and sent under the provisions.
The relevant departments of the Department of State have provisions in the form of administrative law enforcement instruments, from their provisions; they do not provide for the production of a uniform instrument by the administrative law enforcement authorities of the province, as well as for the provincial government rule of law institutions.
Article 21 imposes fines, confiscation of proceeds of conflict and confiscation of illegal property by the administrative law enforcement authorities, and shall be given to the parties the author of a specialized statement issued by the provincial financial sector. However, the provisions of the law, legislation and regulations are otherwise provided.
The administrative law enforcement services deal with impunity and must implement a system of separation between the administrative organs for the confiscation of payments and the imposition of a fine decision.
More than two administrative law enforcement departments are implementing the same laws, regulations, regulations and regulations, which should be clearly division of labour by law, their functions and coordination.
Laws, regulations and regulations provide for the competent organ of an administrative law enforcement department, while providing for cooperation and assistance by other administrative law enforcement agencies, the competent organ shall act as proactively contacting, coordinating and other administrative law enforcement authorities should cooperate and assist.
Article 23. Administrative law enforcement authorities should assist and cooperate in the administration of justice at the superior administrative law enforcement or other administrative law enforcement authorities in the present administration.
More than two administrative law enforcement authorities have disputed issues relating to the administration of justice, the limits of the jurisdiction of the case, coordinated by their common-level government rule of law institutions, coordination and non-conclusiveness, reporting on the decisions of the Government of the people at this level, and the Government of the people at this level is not competent to decide, and the authorities that have the authority to decide.
Chapter IV Administrative law enforcement oversight
Article 24 Governments of more people at the district level and their administrative law enforcement authorities should strengthen the building of the rule of law institutions, with administrative law enforcement supervisors to adapt them to the administrative enforcement oversight efforts undertaken.
Article 25 The rule of law institutions at all levels should, in accordance with the administrative law enforcement status in the present administration, organize specific administrative enforcement oversight inspections and report on inspections at the Government's rule of law.
The rule of law institutions at all levels, under the leadership of this sector, may conduct systematic oversight inspections in accordance with the administrative law enforcement status of the institution or the administrative law enforcement component at the level of the system.
Article 26
(i) The implementation of laws, regulations, regulations and the fulfilment of the statutory duties;
(ii) Construction and regulation of law enforcement in administrative law enforcement systems;
(iii) The qualifications of executive law subjects and the qualifications of administrative law enforcement officials;
(iv) Proclamation, censorship law enforcement;
(v) The legitimacy and appropriateness of specific administrative acts;
(vi) Establishment and implementation of administrative law enforcement responsibilities;
(vii) Other elements that should be monitored by law.
Article 27, when all levels of government rule of law institutions, sectoral rule of law institutions and their administrative law enforcement supervisors perform oversight duties, has the right to investigate, search and receive administrative law enforcement and other related materials; and to provide administrative law enforcement officials in conflict with the law enforcement authority with the right to take responsibility for the cessation of administrative acts or for the enforcement of their statutory duties.
The administrative law enforcement services investigated and their administrative law enforcement officials should be synchronized and, if any, provided information.
Article 28, when administrative law enforcement inspectors conduct administrative law enforcement oversight inspections, must present administrative law enforcement inspections.
Article 29 establishes and implements a system of commissioning a law enforcement file.
The Government of all levels entrusted administrative law enforcement and should submit a petition to the Government of the people at the highest level; the administrative law enforcement authorities have delegated administrative law enforcement and should be presented to the Government's rule of law institutions.
Article 31 establishes and implements a significant specific system of administrative action.
The Government of the people at all levels takes a significant administrative act, such as the suspension of the production, suspension of licences and business licences, and should report back to the Government of the people at the top 30 days from the date of the specific administrative conduct; and the executive law enforcement authorities make the above-mentioned major administrative acts, which should be presented to the executive law enforcement authorities at the level of the Government's rule of law and the system.
Article 31 establishes and implements the administrative law enforcement reporting system.
Administrative law enforcement at all levels should report on administrative law enforcement on a regular basis to the Government's rule of law institutions and administrative law enforcement authorities at the level of the system, and the rule of law institutions at all levels should report regularly to the current Government and the Government's rule of law bodies on administrative enforcement in the present administrative region.
Administrative law enforcement referred to in the previous paragraph included legal, regulatory, regulatory and regulatory follow-up measures and effectiveness, problems and recommendations for improvement.
Article 32 establishes and implements administrative law enforcement complaints, reporting systems.
The rule of law institutions at all levels and the administrative law enforcement authorities should establish sound administrative law enforcement complaints, reporting systems, and publicize complaints, reporting calls.
Complaints, government rule of law institutions reporting and administrative law enforcement authorities should be processed within 30 days of the receipt of the complaint, the verification of the contents of the report or the responsibility of the relevant administrative law enforcement authorities to verify the treatment and inform the perpetrators of the outcome.
Article 33 addresses issues identified in administrative law enforcement oversight, in accordance with the following provisions:
(i) Specific administrative acts are in conflict with the law of the Government, either by the principal organs of the rule of law or by law enforcement agencies at the superior level. The Government of the people at this level or the executive branch at the senior level are invited to change or withdraw after the approval of the Government of the people;
(ii) The commission of administrative law enforcement in violation of the law, which is communicated by the current Government's rule of law bodies to their deadlines. The Government of the people at this level was invited to withdraw without delay;
(iii) The establishment of administrative law enforcement agencies in conflict with the law of the Government and the rule of law institutions of the current Government to inform them of their cessation of administrative law enforcement activities, and to report to the Government of the people at this level to withdraw them;
(iv) Not to perform its statutory duties, by the principal Government's rule of law body or by the superior administrative law enforcement authorities;
(v) In the absence of a licence, administrative law enforcement evidence or the absence of a provision for a certificate-based examination and file, the current Government rule of law body informs the period of time corrections.
The change or withdrawal of specific administrative acts involving the property of citizens, legal persons or other organizations shall be responsible for refunding or compensating the corresponding amount of the administrative law enforcement department for specific administrative acts.
Article 34 of the rule of law at all levels informs the administrative law enforcement authorities of the deadlines for redressing violations of administrative law enforcement, the letter of notification of administrative law enforcement oversight should be produced, the changes in law at all levels of the people's Government or the superior administrative law enforcement authorities or the removal of violations of administrative law enforcement should be produced.
The letter of administrative law enforcement oversight or the Administrative Law Enforcement Regulatory Decision are sent directly by the production authority to the administrative law enforcement department under scrutiny. The administrative law enforcement sector, which is overseen, shall report on the implementation of the written report within 15 days from the date of receipt of the letter of notification of administrative law enforcement oversight and the administrative enforcement oversight decision.
Chapter V
Article XV, at all levels, the Government's rule of law and the administrative law enforcement sector, should recognize or reward units and individuals that have made notable achievements in administrative law enforcement, administrative law enforcement oversight.
Article 36 contains one of the following acts and causes serious consequences in the administration of justice, which, in addition to the provisions of article 33 of the present provision, may be subject to a fine of up to one thousand dollars and may be criticized by the Government of the current people or by the superior administrative law enforcement authorities, and administratively disposed of directly responsible personnel by law.
(i) The violation of specific administrative acts;
(ii) The commission of administrative law enforcement in violation;
(iii) Establish administrative law enforcement agencies in violation of the law;
(iv) To reject the imposition of penalties and administrative law enforcement certificates.
A fine shall be paid to the treasury.
The administrative law enforcement authorities that have been fined may seek compensation for those directly responsible in accordance with a certain proportion of the fine.
In violation of this provision, the executive law enforcement branch has one of the following cases: a change in the period of time by the principal Government's rule of law body or a superior administrative law enforcement authority; a failure to change may give a notice of criticism in the light of the circumstances, and recommends that administrative disposition be given to the competent and direct responsibilities directly responsible:
(i) Administrative law enforcement, or other administrative law enforcement authorities, carried out under the law in the present administration area shall not be in line with or interfered;
(ii) There is no justification for the non-implementation of the decisions of the Government of the people at this level and its organs in the rule of law of the Government or the organs in which decisions are taken;
(iii) No significant specific administrative actions are required;
(iv) The absence of an interim report on administrative law enforcement;
(v) There is no justification for refusing to implement or not respond to the letter of administrative law enforcement oversight, the letter of administrative law enforcement oversight;
(vi) The obstruction of administrative law enforcement inspectors to perform their oversight duties under the law.
Article 338 is one of the following acts by administrative law enforcement officials, with the suspension or suspension of their administrative law enforcement documents by the Government's rule of law organs of the awarding body, and recommends that administrative disposition be made in accordance with the law; and that criminal responsibility be prosecuted in accordance with the law:
(i) Existence or failure to perform statutory duties;
(ii) Individualization;
(iii) Denial of administrative law enforcement inspections;
(iv) Counter reprisals against perpetrators;
(v) Other wrongful acts are serious.
Article 39, executive law enforcement supervisors play a role in administrative law enforcement oversight, in favour of private fraud, abuse of power, and in the form of a government rule of law in the awarding body for the suspension or suspension of its administrative law enforcement inspection certificate, and recommends that administrative punishment be taken in accordance with the law; and that criminal responsibility is prosecuted in accordance with the law.
Article 40 provides administrative disposal in accordance with this provision, and in accordance with the authority of management, decisions are taken by the inspectorate, the personnel sector or the party's unit, and, where necessary, the Government of the people at this level may decide directly by law.
Annex VI
Article 40. Complaints, reports shall not be charged. The requirements for administrative law enforcement and administrative law enforcement oversight are reflected in the budget.
Article 42