Advanced Search

Zhengzhou City Complaints Of Administrative Law Enforcement Approach

Original Language Title: 郑州市行政执法投诉受理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Prelease No. 110 of 21 October 2002)

Article 1. To strengthen administrative law enforcement supervision, protect the legitimate rights and interests of citizens, legal persons and other organizations, promote the exercise by the executive law enforcement authorities of their functions under the law and develop this approach in accordance with the provisions of the Law Enforcement Regulations of the administrative organs of the River Southern Province and their means of implementation.
Article 2 refers to complaints and reports submitted by citizens, legal persons or other organizations that the administrative law enforcement organs and their administrative law enforcement officials are considered to be unlawful or inappropriate, to the municipalities, districts (markets), the people of the region and their administrative law enforcement authorities (hereinafter referred to as the receiving authority).
Article 3 provides specific responsibility for the admissibility, processing and monitoring of administrative law enforcement complaints cases by municipalities, districts (markets), rule-of-law institutions of the territorial Government and the rule of law enforcement agencies. The administrative law enforcement agencies are not in a position to do so, and the relevant institutions should be appointed to receive and deal with administrative law enforcement complaints.
Administrative law enforcement authorities should be subject to the supervision of the rule of law and superior administrative law enforcement authorities.
Article 4
This approach is not applicable to letters of visit, inspection and other relevant bodies, in accordance with the relevant laws, regulations and regulations.
Article 5. The Government of the people at all levels of the city and its executive law enforcement agencies should establish an administrative law enforcement complaints system and establish and make public administrative enforcement complaints telephones available to society.
Citizens, legal persons or other organizations may make complaints in such a way as telephones, letters, face.
Article 6. Administrative law enforcement complaints should have a clear target of complaints, specific complaints, and the content of the complaints should be objective and authentic.
Article 7. Civil, legal or other organizations consider that administrative law enforcement by administrative law enforcement agencies and their law enforcement officials is incompatible with or inappropriate, may be subject to a complaint.
In one of the following cases, the complaint is inadmissible, but the grounds should be given to the complainant:
(i) In accordance with the scope of the cases provided for in the Administrative Review Act and within the time period of the statutory review;
(ii) In accordance with the scope of the cases provided for in the administrative proceedings law and within the statutory period of time;
(iii) The decision on administrative review or the judgement of the People's Court;
(iv) The matter of the complaint has been dealt with by the inspection, the visit or other organs;
(v) Other cases in which the law is inadmissible.
Article 8. In cases of administrative law enforcement complaints consistent with the provisions of this approach and with initial evidence, the complaints body shall be admissible in accordance with the required management authority and complete the registration form of administrative law enforcement complaints.
Article 9. Upon receipt of a complaint by the city, the district (market), the rule of law institutions of the territorial Government, it may be dealt with directly; or, with the consent of the same-ranking people, to refer to the relevant administrative law enforcement bodies to investigate and monitor the situation.
The executive law enforcement body that accepts a complaint should be organized according to the provisions and will deal with the governmental rule of law bodies that will be reported on the results within 5 days of the disposition.
Article 10 Complaints by the Complaints Body, which has the right to receive administrative law instruments and other information relating to complaints matters, has the right to investigate administrative law enforcement activities to administrative law enforcement officials.
Complaints of administrative law enforcement organs or administrative law enforcement officials should, if they were actually reflected in law enforcement, provide information and not conceal and counterfeit.
Article 11. The investigating officer of the complaints body shall not be less than two persons in the investigation of the complaint and present the administrative law enforcement certificates in the Southern Province.
Article 12 The complaint-seeking body shall investigate and deal with the complaint within 30 days of the receipt of the complaint. The complexity of the situation warrants an extension, with the approval of an appropriate extension by the head of the complaints authority, but the extension period shall not exceed 30 days.
The executive law enforcement complaint retains a true name, address and contact, and the complaints body should communicate the results to the complainant. The complainant requires confidentiality and the prosecution and its staff shall be confidential.
Article 13. Complaints that are to be admissible in accordance with the provisions of this approach shall not be subject to a proper refusal to receive or receive a complaint under this scheme, and the Government of the people at this level or the competent authorities at the superior level may be responsible for the admissibility, investigation or direct investigation. Administrative law enforcement authorities and key responsibilities for refusing to receive or fail to comply with this approach are criticized by the municipalities, districts (markets), the people of the region.
Article 14. The cases of administrative law enforcement complaints are identified as one of the following cases, which do not constitute an offence and should be held accountable to the responsible person in accordance with the relevant provisions:
(i) Clearly inappropriate law enforcement;
(ii) It should be determined by law and not by law;
(iii) It should be done by law and not by law;
(iv) To deny compliance with statutory obligations;
(v) Abuse of duties and bribery;
(vi) To favour private fraud and misappropriation;
(vii) Other administrative law enforcement offences.
Article 15. The case of administrative law enforcement complaints is confirmed as wrong and is corrected by an order of responsibility by the body responsible and may be directly or recommended to the organ to hold the responsible person accountable in accordance with the following provisions:
(i) Distinguished and criticized education;
(ii) In the light of the gravity of the circumstances, the warning or punishment of the disposition and the suspension of law enforcement activities;
(iii) In the event of a serious nature, giving excessive or downgrading of administrative law enforcement documents;
(iv) Degradation, dismissal and dismissal of administrative law enforcement documents due to intentional or gross negligence.
The accountability of the responsible person in the case should be prosecuted in accordance with the preceding paragraph as one of the basis for its annual examination.
Article 16 of the Complaints Procedural Body and its staff abuse their duties, favouring private fraud, misbriefing, malfunctioning and other offences, are subject to administrative disposition by the relevant organs; constitutes an offence punishable by law.
Article 17 provides recognition or incentives to the executive organs and their staff whose performance in administrative law enforcement complaints is significant.
Article 18