Zhengzhou City Complaints Of Administrative Law Enforcement Approach

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

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(September 20, 2002 Zhengzhou municipal people's Government at the 15th Executive meeting on October 21, 2002, Zhengzhou municipal people's Government released 110th) first to strengthen the administrative supervision of law enforcement, protecting the legitimate rights and interests of citizens, legal persons and other organizations, administrative law-enforcement organs exercise their powers, according to the Henan provincial administration of law enforcement Act and its implementing regulations, these measures are formulated.
    Second administrative complaints in these measures refers to citizens, legal persons or other organizations considered that the administrative law enforcement organs and administrative law enforcement personnel of administrative enforcement action illegal or improper, to municipalities, counties (cities), the district people's Government and the administrative law-enforcement agencies (hereinafter Agency) of complaints and reports. Article city and County (City) and district people's Government legal agencies and administrative law-enforcement organs of legal organization (hereinafter referred to as the Organization) is responsible for receiving, handling and supervision of administrative enforcement cases.
    Beyond the institutions of administrative law enforcement organs, shall designate appropriate bodies responsible for receiving, dealing with administrative law enforcement cases.
    Administrative enforcement cases with administrative enforcement authority shall be subject to the legal system of the people's Government at the institution and supervised by the higher administrative law enforcement departments.
    Fourth article of the administrative areas of Shanghai administrative enforcement complaints and complaint receiving and processing procedures apply.
    Letters and visits, monitoring and other relevant authorities in accordance with the relevant laws, regulations and rules of the receiving, handling complaints, these procedures do not apply.
    Fifth article of the municipal people's Government and the administrative law-enforcement organs at all levels shall establish a complaints system of administrative law enforcement, establishment of and public administrative law enforcement complaints.
    Citizens, legal persons or other organizations may take calls, letters, and other forms of complaint.
    Sixth administrative law enforcement should have clear complaints, specific complaints, complaints should be objective and realistic.
    Article citizens, legal persons or other organizations that administrative law enforcement organs and administrative enforcement of law enforcement personnel is illegal or inappropriate, both complaints.
    Has following case one of of, complaints accepted institutions not accepted, but should to complaints people description reason: (a) meet administrative reconsideration method provides of by case range, and in statutory reconsideration term within of; (ii) meet administrative procedure provides of by case range, and in statutory litigation term within of; (three) on administrative reconsideration decided or court judgment refuses to of; (four) complaints matters has by monitored, and petition or other organ accepted of; (five) other law not accepted of case.
    Article eighth in accordance with the regulations and there is prima facie evidence of administrative law enforcement cases, complaints bodies shall, in accordance with the provisions of administrative privileges is admissible, administrative law enforcement complaints and fill in the registration form.
    Nineth of municipal or County (City) and district people's Government legal agencies to accept the complaint, investigation and handling of direct; can also be agreed by the people's Governments at the same level, related administrative law enforcement agencies in the investigation process, and to monitor the investigation.
    Accept complaints ordered by administrative law-enforcement agencies should be required to investigate and penalize, and report the results in the process after the 5th assigned by government legal agencies.
    Article tenth complaints body investigate and deal with complaints, right of access to administrative documents and other information relating to the complaint has the right to executive law enforcement officers investigating related administrative law enforcement activities.
    Administrative law-enforcement organs being complained against or administrative law enforcement personnel shall reflect the situation, provide relevant information, not withholding and forgery.
    11th complaints when agency investigators to investigate complaints, shall be not less than two, and show the certificate of administrative law enforcement supervision in Henan province. Article 12th 30th after complaints authority shall accept complaints investigation, disposed of.
    Complexity really necessary extended, approved by the complaints Bureau can be prolonged, but not exceeding a maximum of 30th. Administrative law enforcement people have real names, addresses, contact information, an accepting institution shall inform complainants of the results of complaint.
    The complainant requests confidentiality, complaints against the Agency and its staff shall keep confidential. 13th cases of complaints against in accordance with this Regulation shall be accepted, without good reason refused or accepted after these measures are not in accordance with the provisions in the investigation, the people's Governments at the corresponding level or upper-level authorities may be ordered to receive, investigate, or direct investigation.
    Refuse to accept or investigate complaints these measures are not in accordance with the provisions of administrative law enforcement organs and main responsible, by the city and County (City) and district people's Government informed criticism.
    14th article administrative law enforcement complaints case by check is following case one of, not constitute crime of, should in accordance with about provides held responsibility people of responsibility: (a) law enforcement behavior obviously improper of; (ii) should law investigation and not law investigation of; (three) should law handle and not handle of; (four) refused to perform statutory obligations of; (five) abuse, bribes bribery of; (six) engages in, and fraud of; (seven) other administrative law enforcement illegal of. 15th article administrative law enforcement complaints case by check was confirmed for misjudged of, by investigation organ ordered deadline corrected, and can directly or recommends right to organ in accordance with following provides held responsibility people of responsibility: (a) plot minor of, give criticism education; (ii) plot more heavy of, give warning or demerit disposition, and suspended law enforcement activities; (three) plot serious of, give remember than or downgraded disposition, and revoked administrative law enforcement documents; (four) for deliberately or serious dereliction of caused misjudged of, give downgraded, and
    Dismissal until dismissal of administrative sanctions and revocation certificate of administrative law enforcement.
    According to the provisions of the preceding paragraph to the person responsible for assigning responsibility for misjudged cases, as one of the basis of the annual evaluation.
    16th complaints receive organs and their functionaries, favoritism, bribes, dereliction of duty and other illegal acts, the relevant authorities be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 17th investigated administrative complaints outstanding administrative organs and their staff by the city and County (City), the district people's Government give recognition or reward.
                                                                                                          18th article this way come into force on December 1, 2002.