Jiangxi Province Responsibility System Of Administrative Enforcement Approaches

Original Language Title: 江西省行政执法责任制办法

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(September 17, 2003, Jiangxi provincial people's Government, the 10th Executive session on September 27, 2003, Jiangxi provincial people's Government, the 124th published) first to standardize the administrative law enforcement, promoting administration according to law, construction norms, well-coordinated, fair, transparent, clean and efficient Government, protection of economic and social development, according to the relevant regulations of the State, combined with the facts of the province, these measures are formulated.
    Second administrative law enforcement responsibility in these measures refers to the Executive (including laws and regulations authorized by the Organization, the same below) in accordance with statutory law enforcement powers and responsibilities, to break the law enforcement responsibilities to the respective law enforcement agencies to implement each law enforcement positions, and monitoring, evaluation and reward system.
    Article III administrative organs at various levels in the province in accordance with the relevant provisions of the State and these measures, establish and implement a responsibility system for administrative law enforcement.
    Fourth administrative organs shall establish and implement a responsibility system for administrative law enforcement, shall follow the terms of reference of the law, the principles of openness and fairness, power and responsibility, strict law enforcement and mistakes must be corrected.
    Fifth people's Governments above the county level shall direct the administrative law-enforcement departments and lower level people's Governments of responsibility for administrative enforcement of work. Implement vertical administrative law enforcement departments below the provincial leadership of the lower administrative law enforcement responsibility system for administrative law enforcement work.
Implement vertical below the provincial districts and cities, County (city, district) administrative law enforcement responsibility system for administrative law enforcement work should also accept the people's Governments at the same level of guidance and supervision.
    District municipal people's Government administrative departments at or above the lower administrative law enforcement responsibility system for administrative law enforcement work in guidance and supervision.
Sixth article County above Government and administrative law enforcement sector of is responsible for legal work of institutions (following referred to legal institutions) respectively in this level Government and this sector of led Xia, is responsible for administrative law enforcement accountability of specific work, its main duties is: (a) this organ established, and implementation administrative law enforcement accountability of specific work; (ii) Guide, and supervision check, and assessment subordinate organ of administrative law enforcement accountability work; (three) Organization publicity, and implement implementation national about administrative law enforcement accountability of provides and this approach;
    (D) other duties related to administrative law enforcement responsibility.
    Seventh administrative organs are in charge of the work responsibility system for administrative law enforcement responsibility, on administrative law enforcement responsibility to assume leadership of the body.
    Eighth administrative organs shall, in accordance with provisions of laws and regulations and rules, as well as the Organization and function of this organ, clear administrative law enforcement duties of the various law enforcement agencies and law enforcement personnel, comprehensive and accurate implementation of the relevant laws, rules and regulations.
    Nineth administrative organs shall establish a system of legal publicity, publicity of relevant laws, rules and regulations, increase of citizens, legal persons and other organizations awareness and consciousness of law, usage.
    Administrative bodies of citizens, legal persons and other organizations on the subject of administrative law enforcement Advisory should be timely and accurate answers.
    Tenth administrative organs shall establish a system of administrative law enforcement personnel, legal training, administrative law enforcement personnel are trained on a regular basis.
    Administrative law enforcement personnel must be trained and qualified in order to obtain qualifications for administrative law enforcement.
    11th administrative organs of normative documents must conform to the Constitution, laws, administrative regulations or the State Council's decisions and orders, national policies and local laws in the province, government regulations, uphold the rule of unity must be closely combined with local conditions, strengthen research and feasibility studies, enhance the operability of the normative documents.
    Normative documents of the administrative organs shall, in accordance with the relevant provisions of national and provincial, submitted have the right to review at the next higher level for the record.
12th administrative authorities should implement open Government will be the basis for law enforcement, law enforcement authority, law enforcement procedures, telephone hotlines to the public, and accept supervision by the citizens, legal persons and other organizations.
    Involving administrative licensing shall be announced to handle the conditions, procedures and time limit involved fees,, standard fees and charges shall be published and the basis.
    13th administrative organs the implementation of administrative licensing, administrative punishments administrative enforcement action must be strictly in accordance with laws, regulations, rules and limits of authority and procedures for any excess or abuse.
14th administrative organs shall regulate administrative permit, with clearly defined responsibilities, and improve supervision, exercising the power of administrative approval.
    Administration the implementation of administrative licensing shall follow the principle of openness, fair, impartial, accessible, timely, and reduction processes, simplify procedures and improve efficiency.
    15th article County above Government established concentrated administrative license places of, administrative law enforcement sector should in the places within established service window unified accepted administrative license application, and served administrative license decided; for special situation, cannot into the places of, by this level Government agreed Hou, should determine this sector of a features institutions or in this sector established service window unified accepted administrative license application, and served administrative license decided.
    16th administrative authorities should strictly enforce the penalty decisions from collection of penalty provisions for separating, provisions on administrative law enforcement and administrative law enforcement personnel shall not be target of fine, fines and administrative law-enforcement agencies may not be funding administrative law enforcement personnel or benefits linked to statutory duties must not be converted into paid services, may retain, distribute or disguised dividing up and confiscations.
    17th administrative organs shall take measures for the implementation of administrative review, administrative litigation and administrative compensation system, serious handling of administrative reconsideration and administrative compensation cases, administrative litigation according to law.
    Administrative institutions should implement a legally effective administrative review of decisions or judgments or orders.
    18th administrative organs should be combined with the Authority's actual, establish and improve the fault responsibility investigation system of administrative law enforcement, law enforcement liability to the administrative law enforcement investigation, prosecute.
19th article administrative law enforcement personnel should comply with following behavior specification: (a) loyal to national, comply with Constitution, and legal, and regulations and regulations; (ii) loyal to duty, strictly law perform duties, maintenance legal of dignity and Government of image; (three) listening masses views, maintenance masses interests, efforts serving; (four) conservative national secret, maintenance national of security, and honors and interests; (five) just clean, self-denying and public-spirited; (six) implementation positions Shi manners dignified, instrument clean, terms civilization;
    (VII) other consciously accept supervision, social supervision and oversight. 20th article administrative law enforcement personnel shall not has following behavior: (a) spread lossy Government reputation of speech, organization or participation against Government of activities; (ii) negligence, bungle work; (three) on proposed complaints, and reported of citizens, and corporate and other organization for retaliates against; (four) corruption, and bribery or using terms for himself or others seek self-interest; (five) abuse, bewilders masses, violations citizens, and corporate and other organization of lawful rights and interests of; (six) leaked national secret,
    Violation of trade secrets and personal privacy; (g) the participation, support or cover up acts; (VIII) engage in or engaging in profit-making business activities; (IX) other violations.
Article 21st Department administrative enforcement of the people's Governments above the county level shall timely establishment and assessment of implementation of responsibility system for administrative law enforcement, on the lower level people's Governments to establish and implement the responsibility system for administrative law enforcement supervision and inspection.
    Implement vertical below the provincial level under the administrative law enforcement departments should be timely to administrative law enforcement departments and implementation of responsibility system of administrative enforcement evaluation. Administrative organs shall annually to respective law enforcement agencies and administrative law enforcement personnel to perform the administrative duties of an assessment.
Examination for administrative law enforcement personnel can be combined with civil service examination. Assessment drawn up legal organization of specific programmes by the assessment authority, reported that the Bureau for approval.
    Evaluation scheme after approval, should also be reported to the legal organization of the administrative organs at a higher level for the record.
22nd article on administrative law enforcement sector assessment of main content including: (a) implementation administrative law enforcement accountability of organization led situation; (ii) administrative law enforcement responsibility system construction situation; (three) administrative law enforcement responsibility of decomposition, and implementation situation; (four) administrative law enforcement team construction situation; (five) perform statutory duties situation; (six) administrative law enforcement fault responsibility held situation; (seven) assessment organ determine of other assessment content.
    The main elements of administrative law enforcement personnel evaluation including law, statutory duty, self-discipline and other conditions.
    23rd assessment should uphold the principles of objectivity, impartiality, simplification of procedures, results-oriented.
    24th article administrative law enforcement accountability assessment can used following way for: (a) heard was assessment sector established and implementation administrative law enforcement accountability situation of reported; (ii) check out was assessment sector implementation administrative law enforcement accountability of about information; (three) checks administrative law enforcement files; (four) held administration relative people Symposium, consulting social from all walks of life of views; (five) on was assessment sector head and administrative law enforcement personnel for legal quality evaluation; (six) assessment organ determine of other way.
    25th administrative law enforcement departments at various levels in advance of the assessment for its assessment, it shall establish and implement a responsibility system for administrative law enforcement in this sector to carry out self-assessment and self-evaluation findings evaluation organs.
    Article 26th examination organization examination of administrative law enforcement agencies shall cooperate, listen and correct existing problems.
27th after assessment the assessment sector assessment, should be made good, qualified or unqualified conclusion.
    Evaluation conclusions by evaluation authorities be informed, and report to the legal organization of the administrative organs at a higher level for the record.
    28th article was rated as excellent in the administrative law enforcement responsibility of administrative law-enforcement departments, recognition and reward by the examination bodies.
29th article administrative organ has following case one of of, by superior administrative organ give informed criticism, and by superior administrative organ of legal institutions recommends has administrative sanctions right of organ law on first responsibility people and the about head give administrative sanctions: (a) not established and implementation administrative law enforcement accountability of; (ii) administrative law enforcement work in the exists serious illegal problem of; (three) on serious violations investigation poor of; (four) social from all walks of life reflect its law enforcement image poor of; (V) the supervision and inspection of work or by the fails to cooperate, fraud.

    30th administrative law enforcement personnel shall have these measures one of the acts listed in article 20th, criticized by host authorities to grant education, post training processing or documents issued by administrative law enforcement organs to recover its administrative law enforcement documents, cancelled its law enforcement qualifications; the circumstances are serious, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    31st in administrative law enforcement responsibility or supervision and inspection work in the appraisal, supervision and inspection of favoritism, fraud, the unit should be criticism; the circumstances are serious, shall be given administrative sanctions. 32nd article this way come into force on November 1, 2003.

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