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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(November 24, 2003, Hebei provincial people's Government, the 16th Executive meeting considered by people's Government of Hebei province, November 28, 2003 [2003] 10th release) Chapter I General provisions article to standardize administrative law enforcement, strengthening administrative law enforcement supervision, promoting administration according to law the executive authorities, in accordance with the relevant provisions of laws and regulations, combined with the facts of the province, these provisions are formulated.
    Article within the administrative area of the province of administrative law enforcement and administrative supervision over law enforcement, these provisions shall apply.
    Article III administrative law enforcement in these rules refers to the law has the right to executive law enforcement Executive (including people's Government above the county level administrative law-enforcement departments, agencies or organizations authorized by the laws and regulations, hereinafter referred to as administrative departments), the specific administrative act of the enforcement of the laws, regulations and rules.
    Administrative law enforcement supervision in fourth article of the rules, refers to the higher level people's Government on the lower level people's Governments, the people's Governments above the county level to which it belongs the administrative law-enforcement departments, higher administrative law-enforcement departments of administrative law-enforcement departments at lower levels of the system administration level of supervision over law enforcement activities.
    Article administrative law enforcement departments at various levels within the scope of their statutory functions and is responsible for the Administration and law enforcement.
    Governments at all levels legal organization (hereinafter referred to as the Government legal organization) under the leadership of the people's Governments at the corresponding level, responsible for the administration of administrative law enforcement and supervision work; administrative law enforcement departments at all levels legal organization (hereinafter referred to as sector legal institutions) under the leadership of the Department, in charge of this Department is headed by executive law enforcement bodies, as well as the administrative law-enforcement departments at lower levels of the system of administrative law enforcement supervision work.
    For vertical administrative law enforcement departments of administrative activities shall be subject to the supervision of local people's Governments at the higher administrative and law enforcement authorities. Article a citizen, legal person or other organization about illegal or improper administrative law enforcement of the specific administrative act, is entitled to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law, the right to complaints or reports of the oversight bodies.
    Terms for violation of administrative law enforcement departments to exercise their lawful rights and interests are damaged, shall have the right to claim compensation from the administration.
    Chapter II administrative seventh levels of government legislative bodies and administrative law enforcement personnel in accordance with the laws, regulations, rules and duties of the people's Government at the Department, audit to determine the level of Government has the administrative law-enforcement departments of administrative law enforcement entity and to the public.
    For vertical administrative law-enforcement departments in accordance with the administrative relationship between administrative law enforcement entity by the authority after an examination, to the local government legislative bodies at the same level for the record.
    In accordance with the provisions of the preceding two paragraphs, the Executive law enforcement entity's administrative law-enforcement departments have the right to specific administrative acts in their own name, and bear the corresponding legal responsibility.
    Article has the right to administrative penalties administrative law-enforcement departments to implement the administrative penalty, Hebei province confiscated shall be in accordance with the relevant provisions of the interim measures for the administration of property confiscated license.
    Nineth provisions of administrative law enforcement in accordance with the laws, rules and regulations, you can delegate administrative punishments should be imposed within the statutory authority and its related administrative law enforcement.
    Administrative law-enforcement departments commissioned other organizations implement the administrative penalty and the related administrative law enforcement actions shall be made in written form, clearly entrusted matters, permissions and terms, and to the public.
    Article tenth entrusted organization shall, within the terms of reference in order to formulate specific administrative acts on behalf of client departments.
    Client departments should be entrusted with the Organization and the administrative penalty related administrative law enforcement guidance and supervision and the legal responsibility for the consequences of the Act.
    11th administrative law enforcement personnel engaged in law enforcement activities, must be issued by the people's Governments at the corresponding level of administrative law enforcement certificate or holds the record recognized by other law enforcement documents.
    Lack of administrative law enforcement certificates or it is not recognized by the record of other law enforcement personnel shall not engage in law enforcement activities.
    12th levels of government legal organization under the leadership of the people's Governments at the corresponding level, in charge of administrative law enforcement issue, inspection of documents and filing work.
    13th levels of government legislative bodies and administrative law-enforcement departments shall establish systems of legal training, legal training administrative law enforcement personnel regularly.
    Chapter III administrative law enforcement article 14th administrative law enforcement departments should be laws, regulations, rules and regulations within the terms of reference of the exercise of administrative law enforcement power, cannot exceed the authority or give up the statutory duties; and approval by the power of relatively concentrated administrative punishment, administrative law-enforcement departments shall, in accordance with the responsibility and authority to perform the Executive law enforcement functions.
    In the course of administrative law enforcement departments of administrative law enforcement, find other matters governed by administrative law-enforcement departments, shall be promptly advised of the jurisdiction of the administrative law enforcement departments.
    In the course of administrative law enforcement in dealing with illegal behavior, on cases of alleged crime, shall, in accordance with the provisions of administrative law-enforcement organs transfer suspected criminal cases, transferred to the public security organs.
    15th administrative law enforcement by administrative law enforcement personnel shall present certificate of administrative law enforcement; does not produce a certificate of administrative law enforcement, citizens, legal persons or other organizations to refuse to cooperate with.
    16th administrative law enforcement personnel in law enforcement activities, shall withdraw from one of the following circumstances: (a) the relationship between husband and wife, a blood relative with the administrative relative person relationship, within three generations of blood relatives; (b) the administrative relative person interested, (iii) have other relationships with administrative relative person may affect the impartial law enforcement.
    17th administrative law-enforcement departments to conduct law enforcement inspections, investigations, collect evidence, coercive measures, administrative law enforcement personnel shall not be less than two.
    Article 18th administrative law enforcement departments at the exploration site, it shall notify the parties or their agents to the scene; a party or its agents to the site's, should be invited to parties where neighbors, unit personnel or grass-roots organizations personnel arrived at the scene to witness.
    Survey results should make a written record, and by the investigation, the parties or their agents and witnesses signatures; parties or their representatives, the witnesses refused to sign, does not affect the validity of survey results, but exploration personnel should be indicated on the transcript.
    Article 19th administrative law enforcement departments to formulate specific administrative acts, specific administrative act shall inform the party making the facts, grounds, and basis and shall have the right, and to listen to the statements of the parties fully and to defend themselves.
    Administrative law-enforcement departments shall not be a party to plead for an increase in administrative punishment or of matters apply to the deliberate prevarication, delaying and harassment.
    Article 20th administrative law-enforcement departments need to notify the parties in writing of the specific administrative act, administrative law-enforcement instruments should be used, and required to be served.
    Provisions of relevant departments of the State Council on administrative enforcement document format, from its provisions is not specified, the provincial governments for administrative law enforcement departments to produce the system of document format, and reported to the provincial government's legal filings. Article 21st administrative law enforcement penalties, confiscation of illegal proceeds, confiscation of illicit property, parties should be issued by the provincial financial Department made of special paper.
    But otherwise provided by laws and regulations prevail.
    Administrative law-enforcement departments confiscated property, you must perform the confiscations to two lines of income and expenditure management provisions and penalty decisions of administrative bodies separate from the agency that collects the fine system.
    22nd more administrative law enforcement departments to implement the same laws, regulations, rules, should be a clear division of labour according to law, roles and coordination.
    Provided by laws, rules and regulations for an administrative law enforcement authorities and other administrative law-enforcement departments, assist in the implementation of the provisions, the competent authority shall take the initiative to contact, coordination, and other law enforcement authorities should cooperate and assist.
    Article 23rd administrative law enforcement departments of higher administrative law-enforcement departments or other administrative departments in the acts of administrative enforcement of law in the administrative area, shall assist and cooperate with us.
    Two more administrative law enforcement by administrative law-enforcement rights dispute, jurisdiction of the case and other issues, coordinated by the common ancestor of the Government legal organization; coordination fails, put forward opinions and submit them to the level people's Government for decision; the level shall have no authority to decide and submit them to the discretion of agency decisions.
    Fourth chapter of administrative law enforcement supervision and 24th people's Governments above the county level and administrative law-enforcement departments should strengthen the construction of legal institutions, with administrative law enforcement supervision and inspection personnel to make it commensurate with the administrative law enforcement supervision.
    25th government legislative bodies at all levels should be based on the administrative situation within their respective administrative areas, organized special administrative law enforcement supervision and inspection at the right time, and check the level on the report to the Government legal agencies.
    Under the leadership of rule of law institutions at all levels in the Department, according to the Department within the institution or subordinate administrative departments of the system of administrative law enforcement, there are plans to conduct supervision and inspection.
    26th article administrative law enforcement supervision check of main content: (a) legal, and regulations, and regulations of implementation and perform statutory duties situation; (ii) administrative law enforcement system construction and specification law enforcement situation; (three) administrative law enforcement subject qualification and administrative law enforcement personnel qualification situation; (four) holding card induction, and bright card law enforcement situation; (five) specific administrative behavior of legitimacy, and appropriate sex situation; (six) administrative law enforcement accountability of established and implementation situation; (seven) other should law supervision of content.
    27th levels of government legal agencies, departments, legal institutions and administrative law enforcement supervision and inspection personnel in discharging its oversight responsibilities, the right to oversight matters in the investigation, query, access to administrative documents and other relevant materials law enforcement administrative law enforcement personnel has the right to order it on the spot to stop the illegal administrative acts or urge them to fulfil their statutory duties.
    Surveyed administrative law-enforcement departments and the administrative law enforcement personnel shall cooperate and truthfully report the situation and provide the relevant information.
    28th administrative law enforcement supervision and inspection personnel in administrative law enforcement supervision and inspection, administrative law enforcement supervision and inspection certificate must be presented. Article 29th and mandatory law enforcement records system.

    Delegate administrative enforcement of the people's Governments at all levels should be reported to people's Governments at a higher level for the record; authorized administrative law enforcement departments of administrative law enforcement, shall be submitted to the Government legal filings.
    Article 30th filing system established and significant specific administrative act.
    People's Governments at all levels to make order to suspend and revoke licenses and major specific administrative acts such as business license shall make a specific administrative act within 30th of higher level people's Government for the record; administrative law enforcement departments to make these important concrete administrative act shall be submitted to the Government legal system and the administrative law-enforcement departments at the system level.
    31st establish and implement administrative law enforcement reporting system.
    Administrative law-enforcement departments at all levels should regularly inform the Government legal system and the administrative law-enforcement departments at the system level reports on administrative law enforcement; government legislative bodies at all levels should regularly to this level of Government and the level of government institutions to report the administration of the legal system of administrative law enforcement.
    Administrative enforcement referred to in the preceding paragraph include laws, rules and regulations after the implementation of the development support measures implementation and effectiveness, existing problems and suggestions for improvement.
    Articles 32nd to establish and implement the administrative law enforcement, reporting system.
    At all levels of government legislative bodies and administrative law-enforcement departments should establish and improve the system of administrative law enforcement, reporting, and publicize the complaint, telephone hotlines.
    Complaints and reporting of government legislative bodies and administrative law-enforcement departments should be in the 30th after receiving complaints and reports of complaints or information content verification process verification process or to instruct the relevant administrative law enforcement, and handle whistleblower complaints, informed of the results. Article 33rd on the issues found in the administrative law enforcement supervision, in accordance with the following provisions: (a) the specific administrative act illegal, by the level of government legal agencies legal notice or by the administrative law-enforcement departments within corrections. Fails to correct and submit them to the level people's Governments or by the administrative law-enforcement departments to alter or revoke, (ii) an authorizing administrative law enforcement, by the level of government legal agencies to advise their deadlines to correct.
    Late not corrected of, reported to the this level Government be revoked; (three) illegal established administrative law enforcement institutions of, by this level government legal institutions notification its stop administrative law enforcement activities, and reported to the this level Government be revoked; (four) not perform statutory duties of, by this level government legal institutions or superior administrative law enforcement sector notification its deadline perform; (five) not handle confiscated license, and administrative law enforcement card or not by provides for documents annual and the record of, by this level government legal institutions notification its deadline corrected.
    Amendment or cancellation of administrative acts involving a citizen, legal person or other organization's property, shall order the administrative law enforcement departments to formulate specific administrative acts refund or compensation for the price.
    34th levels of government legal agencies notify the administrative law-enforcement departments to rectify illegal administrative enforcement actions of limited duration, shall make the notification of administrative law enforcement supervision; people's Government, or by the administrative law-enforcement departments at all levels shall be altered or annul illegal administrative acts of law enforcement, it shall make a written decision of the administrative law enforcement supervision. The administrative law enforcement supervision notice or the written decision of administrative supervision of law enforcement by making authorities directly supervised administrative law enforcement departments.
    Supervised administrative law enforcement departments shall, on receipt of the notice of the administrative law enforcement supervision and the 15th days of the written decision of administrative law enforcement supervision or the expiry of the deadlines to correct written report on implementation in the 15th.
    Fifth chapter of rewards and punishments article 35th Governments at all levels, government legislative bodies and administrative law enforcement departments should be in administrative law enforcement, administrative law enforcement supervision and made outstanding achievements in the work of units and individuals that recognize or reward.
    Article 36th administrative law enforcement of any of the following acts, the consequences are serious, except in accordance with the relevant provisions of this article 33rd processing, and shall also be fined a maximum of 1000, and seriousness by the local government or by the administrative law-enforcement departments give notice of criticism, leading personnel and persons directly responsible shall be given administrative sanctions.
    (A) the specific administrative act unlawful, (ii) an authorizing administrative enforcement; (c) an administrative law-enforcement agencies and (iv) who refuse to handle confiscated permits, administrative enforcement of.
    Fines shall be turned over to the State Treasury.
    Administrative law-enforcement departments in accordance with the amount of the fine is a fine of a certain percentage of persons directly responsible for recovery. 37th article administrative law enforcement sector violation this provides, has following situation one of of, by this level government legal institutions or superior administrative law enforcement sector ordered deadline corrected; late not corrected of, Visual plot weight give informed criticism, and recommends on directly is responsible for of competent personnel and directly responsibility personnel law give administrative sanctions: (a) on superior administrative law enforcement sector or other administrative law enforcement sector in this administrative within law implementation of administrative law enforcement behavior not tie or for interference of; (ii) no due reason,
    Not implementation this level Government and government legal institutions or has decided right of organ on administrative law enforcement dispute of mediation decided of; (three) not by provides for major specific administrative behavior record of; (four) not regular report administrative law enforcement situation of; (five) no due reason, on administrative law enforcement supervision notice, and administrative law enforcement supervision decided book refused to implementation or not replies of; (six) hamper administrative law enforcement supervision check personnel law perform supervision duties of.
    38th article administrative law enforcement personnel has following behavior one of of, by awarded card organ of government legal institutions temporarily buckle or revoked its administrative law enforcement card, and recommends law give administrative sanctions; constitute crime of, law held criminal: (a) beyond terms or not perform statutory duties of; (ii) abuse of; (three) refused to administrative law enforcement supervision check of; (four) on charged, and reported who retaliates against of; (five) other illegal dereliction of behavior plot serious of.
    39th in administrative law enforcement supervision in administrative law enforcement and supervision activities negligence, malpractice and abuse their powers, by the licensing authority of government legal agencies withhold or revoke the administrative law enforcement supervision and inspection certificate and recommendations shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    40th given administrative sanctions in accordance with this article, in accordance with administrative rights by monitoring, personnel or unit to which the decision by the parties and, if necessary, the people's Governments at the corresponding level can directly make a decision. Sixth chapter supplementary articles article 41st complaints, reporting shall not charge a fee.
    Administrative law and administrative requirements for the supervision of law enforcement by the Government included in the budget.
                                42nd article of the regulations come into force on January 1, 2004.