Taiyuan Executive Staff Administrative Fault Responsibility Investigation Methods

Original Language Title: 太原市行政机关工作人员行政过错责任追究办法

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(October 19, 2002 Taiyuan City Government 25th times Executive Conference considered through October 19, 2002 Taiyuan City Government makes 33rd, announced) first chapter General first article for change work style, insisted law administrative, improve administrative effectiveness, guarantee administrative organ and staff right, and timely, and just, and efficient implementation administration, prevent and corrected administrative fault behavior, according to People's Republic of China administrative monitored method, and civil servants interim regulations and about legal, and regulations, and
    Regulation, these measures are formulated.
    Second administrative fault in these measures refers to the executive staff due to intentional or negligent, nonperformance or incorrect compliance responsibilities, resulting in effect Executive orders and administrative efficiency, delay the Administration, or damage the lawful rights and interests of the Administration object, adverse effects and consequences for the administration of the Act.
    Referred to in the preceding paragraph do not perform their duties, including denial, abandon and evasive, incomplete performance of duties; does not properly carry out their duties, including has no legal basis and not in accordance with the prescribed procedures, provided permission to perform their duties and deadlines, etc.
    The third article of the municipal administrative organs and agencies entrusted by the executive authorities in discharging their management responsibilities according to law, and laws and regulations authorize the staff of the Organization in carrying out corporate activities and not as an administrative fault liability, shall apply to these measures. Article IV administrative authorities at various levels shall perform their respective duties and administrative rights, responsible for administrative liability of those people administration liability.
    Otherwise provided by laws and regulations prevail.
    Personnel departments in accordance with the statutory duty is responsible for the General management of the civil service.
    Administrative supervisory organs shall be responsible for supervision and inspection of administrative fault responsibility investigation work and investigating cases dealing with the city's influential administrative fault.
    Article fifth administrative fault responsibility investigation, stick to seeking truth from facts, wrong reserved punishment commensurate with the responsibility, the principle of combining education and punishment.
    Sixth administrative organs must establish, improve and standardize job goal responsibility and act with an open system and a handling system for the internal administration system. Post responsibility system, strictly consist of posts and responsibilities.
    Based on the functions and powers, and actual work, scientifically and rationally determine the unit's staff work objectives and management approaches.
    Implementation of the public service system, clear content policies, procedures, and public service commitment, standards, supervision and efficient results.
    Implementing limited-handling system, in strict accordance with the laws, rules and regulations, combined with the actual situation of the sector, develop all aspects of administrative matters and specific time frames.
    Second chapter administrative fault responsibility held range seventh article administrative organ in implementation administrative license management process in the, has following case one of of, should held accepted, and license responsibility people of administrative fault responsibility: (a) on meet provides conditions of application should to accepted, and license and not accepted, and license of; (ii) accepted Hou should issued and not issued accepted receipt of; (three) application information not full not once clear told added matters, or first asked failed to clear told application specific requirements of; (four) illegal established paid Advisory program of;
    (Five) not accepted, and license not told reason of; (six) no provides according to implementation license of; (seven) not in accordance with provides program, or illegal established license program implementation license of; (eight) beyond provides permission implementation license of; (nine) not in provides or commitment time within completed license matters or told do paper results and issued a of; (10) illegal charged deposit, and margin and license costs of; (11) illegal delegate intermediary institutions, and subordinates institutions or other organization generation line license management right of;
    (12) illegal allowed intermediary institutions or other organization engaged in license agent activities of; (13) not public license results of; (14) on involved different sector of license, not timely active coordination, mutual shuffle or delay not do, or this sector license matters completed Hou not transfer or delay transfer other sector of; (15) other violation license work provides, bungle license work or damage license application people lawful rights and interests of of.
    License referred to in the preceding paragraph refers shall be approved according to law, approval, registration and other administrative acts of the same or similar nature.
    Eighth article administrative organ in implementation administrative levy management process in the, has following case one of of, should held levy personnel of administrative fault responsibility: (a) cannot set according to implementation levy of; (ii) without statutory program approved, unauthorized increased or established levy project, unauthorized change levy standard of; (three) not by statutory range, and time implementation levy of; (four) interception, and privately or unauthorized expenditure levy paragraph of; (five) implementation levy not issued legal receipt or not using statutory sector business sent of dedicated notes of;
    (Vi) do not produce is imposed by the introduction of eligibility, license, and (VII) be levied individual collection object, does not inform the statutory remedies and approaches, and (VIII) other acts that violate the provisions imposed.
    Administrative levy referred to in the preceding paragraph, including taxes, administrative fees and other matters.
    Nineth article administrative organ in implementation administrative check management process in the, has following case one of of, should held check personnel of administrative fault responsibility: (a) cannot set according to implementation check of; (ii) no due reason, and matters, and content implementation check of; (three) not show effective qualification documents implementation check of; (four) not by statutory program, and time implementation check of; (five) not by statutory permission or beyond statutory permission implementation check of; (six) gave up, and shuffle, and delay, and refused to perform check duties of;
    (G) the inspection found violations in concealing, harboring and shielding and conniving, action to stop or correct; (h) prejudice the legitimate interests were targets of the contravention, and (IX) other violations of provisions on administrative inspection work. Tenth Article administrative organ in on violation administration order of behavior implementation administrative punishment Shi, has following case one of of, should held law enforcement personnel of administrative fault responsibility: (a) not has administrative law enforcement qualification implementation administrative punishment of; (ii) no legal and facts according to implementation administrative punishment of; (three) unauthorized established punishment type or change punishment range of; (four) violation statutory program for punishment of; (five) using, and lost or damaged seized of property, to party caused loss of; (six) violation about provides
    , To citizens personal or property caused damage, and to corporate or other organization caused loss of; (seven) should law transfer judicial organ held criminal of not transfer, to administrative punishment instead of penalty of; (eight) negligence, on should be stop and punishment of violations not stop, and punishment of; (nine) meet hearing conditions, administration object requirements hearing, should to organization hearing and not organization hearing of; (10) not law told was punishment people statutory relief right and way of;
    (11) other illegal imposition of administrative penalty. 11th article administrative organ staff in law enforcement process in the take administrative forced measures Shi, has following case one of of, should held administrative fault responsibility: (a) cannot set according to take administrative forced measures of; (ii) illegal limit citizens liberty of; (three) illegal on citizens, and corporate and other organization of property take seized, and seized, and freeze, and stranded, forced measures of; (four) violation statutory program or beyond statutory time take administrative forced measures of; (five) illegal take administrative forced measures led citizens, and
    Legal persons and other organizations the personal or property rights are being infringed.
    12th article administrative organ reconsideration staff in perform administrative reconsideration duties Shi, has following case one of of, should held administrative fault responsibility: (a) on meet conditions of reconsideration application, should to accepted no due reason and not accepted of; (ii) not according to provides transferred administrative reconsideration application of; (three) in statutory term within not made reconsideration decided of; (four) in administrative reconsideration activities in the engages in or has other malfeasance, and dereliction of behavior of. 13th article administrative organ staff in perform administrative duties Shi, has following case one of of, should held administrative fault responsibility: (a) has administration functions of units, not in do places obviously location hanging do schematic and public do flowchart of; (ii) not involved key of service content, and do program, and commitment time, and charges standard, and supervision channel, and do results not public of; (three) oriented social directly accepted business of window units, work during empty gang of; (four) staff induction not wearing work brand , And not by provides wearing uniforms of; (five) on service object not seriously reception, and not ignored, and not replies of, belongs to duties range within of matters shuffle, and delay not do of; (six) on meet provides, and procedures complete, no due reason in provides time within not settles of; (seven) on communications, and calls, and letter, not by provides sign, and registration, and audit, and proposed proposed views, no due reason not by provides time submitted led contracting of; (eight) on not is this units terms range or should not be by this units handle of matters, not description, and
    Not asked, and not transferred, ignored of; (nine) documents handle in the met has involved other sector terms of matters, not and about sector consultations or consultations cannot made consistent, not reported to the superior led or organ ruling, good for decided of; (10) not strictly implementation confidential and file management provides, led file, and archives, and information leaks, and damaged or lost of; (11) foreign issued a, not strictly check paper species, and paper,, and format, and text and the stamped seal, led to serious consequences occurred of;
    (12) without the leading audited external dispatch (13) external issued for not complying with the time limits, (14) is not used in accordance with the provisions of the official seal (15) other violations of the internal management system, delaying the administration of internal affairs management. Chapter III Administrative Division of fault liability and commitment

    14th administrative liability is divided into: direct responsibility, the primary leadership responsibility and an important leadership responsibility.
    15th sponsor without approval of the reviewer and approver directly to specific administrative acts and administrative consequences of fault, are directly responsible.
    Undertaker fraud, malpractice, reviewer, approver cannot properly review and approval responsibilities, leading to administrative consequences of fault, contractors are directly responsible.
    16th provision approved by the reviewer and approver, but contractors are not in accordance with the specific administrative act review, approval, implementation and administrative consequences of fault, contractors are directly responsible.
    17th sponsor proposals or suggestions for errors, reviewer and approver should be found and not found or has not been corrected after it was discovered, leading to administrative consequences of fault, contractors bear direct responsibility, reviewers will have the primary leadership responsibility, ratifying important leadership responsibility for people.
    18th reviewer does not accept or change contractors correct opinion, approved by the approved administrative consequences of fault, the reviewers were directly responsible, approved by the primary leadership responsibility.
    Reviewers do not approval of the approving decisions directly led to administrative consequences of fault, the reviewers were directly responsible.
    Article 19th person does not accept or change the correct views of the undertaker, audit and administrative consequences of fault, approved by bear direct responsibility.
    Without the contractor's action and the reviewer, approved by decisions directly led to administrative consequences of fault, approved by bear direct responsibility.
    20th led instruction, intervention, leading to administrative consequences of fault, instruction, intervention, direct responsibility for the leadership.
    21st as collective research, decision the consequences of fault, decision-makers will have the primary leadership responsibility, important leadership responsibility for people with the wrong ideas, people with the right ideas is not liable.
    22nd superior authorities change a subordinate organ specific administrative acts and administrative consequences of fault, authorities charge an important leadership responsibility.
    Article 23rd after hearing decisions, approval of people agree with the hearing officer's error suggested that lead to the consequences of fault, the hearing officer directly responsible, approved by the primary leadership responsibility, approved by hearing right advice is not leading to administrative consequences of fault, approved by bear direct responsibility.
    24th reconsideration organ change the original specific administrative act, leading to administrative consequences of fault, head of the administrative body held important leadership responsibility.
    25th article of two or more persons intentionally or negligently, resulting in administrative consequences of fault, in the role of personal responsibility.
    Fourth chapter administrative fault responsibility held 26th article administrative fault responsibility held way is divided into: (a) ordered made written check; (ii) informed criticism; (three) canceled when assessment assessment first qualification; (four) withholding bonus; (five) commandments Mian talk; (six) out work post or suspended post training; (seven) resigned, and dismissed; (eight) give administrative disciplinary. 27th article according to plot weight, and damage consequences and effect size, administrative fault is divided into general fault, and serious fault and special serious fault: (a) plot minor, to administrative organ and administration relative people caused damage consequences and effect smaller of, is General fault; (ii) plot serious, to administrative organ and administration relative people caused damage consequences serious, and effect larger of, is serious fault; (three) plot special serious, to administrative organ and administration relative people caused damage consequences special serious, and effect major of
    , Is a particularly serious mistake.
    28th article for General fault, on negative directly responsibility who, separate give or merged give this approach 26th article subsection (a), and (ii), and (three), and (four) items administrative processing; on negative main led responsibility who and important led responsibility who, separate give or merged give this approach 26th article subsection (a), and (ii), and (three), and (four), and (five) items administrative processing. 29th article for serious fault, on negative directly responsibility who, give administrative downgraded following administrative disciplinary, merged give this approach 26th article subsection (three), and (four), and (five), and (six) items administrative processing; on negative main led responsibility who, give administrative remember than following administrative disciplinary, merged give this approach 26th article subsection (three), and (four), and (five), and (six) items administrative processing; on negative important led responsibility who, give administrative warning or administrative demerit administrative disciplinary,
    Merge this article 26th (c), (d) and (e), (f) administrative processing. 30th article for special serious fault, on negative directly responsibility who, give administrative fired disciplinary or resigned, and dismissed administrative processing, or give administrative dismissed disciplinary, merged give this approach 26th article subsection (three), and (four), and (five), and (six) items administrative processing; on negative main led responsibility who, give administrative downgraded, and administrative dismissed disciplinary, merged give this approach 26th article subsection (three), and (four), and (five), and (six) items administrative processing; on negative important led responsibility who,
    Administrative demerit, the demotion, Executive dismissed the disciplinary, merge this article 26th (c), (d) and (e), (f) administrative processing. 31st because of administrative mistakes violated the citizens, legal persons and other organizations, the legitimate rights and interests, and relates to compensation for the damage caused, in accordance with the People's Republic of China on State compensation law on the liability of the relevant provisions of the fault liability of those.
    Violate the criminal law, law transferred to judicial organs for handling.
    32nd article administrative fault responsibility people has following behavior one of of, should from heavy processing: (a) one years within appeared two times above should to held administrative fault case of; (ii) interference, and hinder, and not tie on its administrative fault behavior for survey of; (three) on complaints people, and report people, and charged people combat, and revenge, and framed of; (four) in perform duties process in the has engages in behavior and the received party property, and accept party hosted, and participate in party provides of tourism and entertainment activities of.
    Article 33rd administrative liability proactively identify and correct errors, caused no major damage or adverse effects, may be given a lighter or mitigated punishment or be exempted from administrative liability of those.
    34th article has following case one of of, not held administrative organ staff of administrative fault responsibility: (a) Administration object fraud, led administrative organ staff cannot made right judge of; (ii) legal, and regulations, and regulations and internal administration system not for provides or provides not specific, led administrative organ staff understanding errors of; (three) appeared accident or not resist force factors led administrative fault case occurred of; (four) legal, and regulations, and regulations provides of other case. The fifth chapter administrative fault responsibility investigation bodies and procedures article 35th administrative fault responsibility investigation should be handled according to relevant regulations to manage permissions and administrative sanctions for approval. Administrative authorities at all levels to establish the administrative fault responsibility investigation audited organizations, members of the unit leadership, monitoring, legal, personnel and other departments together.
    Perform the following duties: (a) decide whether to investigate, (ii) the consideration of the report of the investigation or trial, and (iii) to make a decision. Article 36th Chief fault responsibility investigation offices of the audited organization by monitoring, legal and personnel Department staff.
    Perform the following duties: (a) complaints, exposures or charges; (b) to investigate the fault behavior; (c) the draft investigation report, put forward opinions. 37th investigation and handling of administrative acts of fault system.
    Administrative fault responsibility investigation audited organization members and their office staff and act interested, may affect the impartiality of administrative fault handling, should carry out the withdrawal. 38th article specific administrative behavior has following case one of of, should for survey, to determine specific administrative behavior people whether should bear administrative fault responsibility: (a) released normative file and developed administrative measures has illegal case was superior organ or competent organ law revoked of; (ii) made of specific administrative behavior, by administrative litigation, was court judgment revoked, and part revoked sent back again made specific administrative behavior of; (three) made of specific administrative behavior, by administrative reconsideration, superior organ change original processing decided
    , Or new specific administrative act is made back to the revocation, and (iv) higher or same level people's congresses, government administrative law enforcement supervision and inspection, and identified errors requires the investigation and handling of (v) complaints of citizens, legal persons and other organizations, reports, complaints, and (vi) authorities demanding an investigation into responsibility. 39th for citizens and legal persons complaints and accusations, complaints and other organizations, the Chief fault responsibility investigation office should examine the facts in the 7th and deciding whether to accept. Having examined all the evidence, shall accept without basis in fact, inadmissible.
    Specifically complainants, informants, complainants, shall inform the inadmissibility grounds. 40th decided to investigate the case, the investigation shall, within 15 working days to process. Complex, and can be extended for a further 15 working days for processing.
    Otherwise provided for by laws, regulations, rules, from its provisions.
    41st complainants, informants, and not accepted by the complainant does not accept the decision, or finds it inconvenient to make the specific administrative act of authority complaints and accusations, complaints can be submitted to the supervisory organs.
    Supervisory organs apply directly for cases relating to administrative disciplinary action, in accordance with the People's Republic of China Law on administrative supervision regulations.
    42nd Executive responsible for the fault decision has specific complainants, informants and complainants, it shall notify the complainant, the Prosecutor and the accused person. Article 43rd administrative liability representation and differentiation of Port Dickson power.

    Administrative liability for people not satisfied with the decision, 15th days after receipt of the decision to make a decision on the review or appeal to the supervisory organs at the same level, you can also apply for arbitration to the arbitration of personnel at the same level.
    Review, review, decision or arbitration decision shall be made within the prescribed time.
    Article 44th of administrative liability made a decision, in accordance with the personnel management permission shall be submitted to the supervisory organs and personnel departments at the same level. Sixth chapter supplementary articles article 45th approved in these measures, generally refers to the Executive heads and their deputies of the Executive personnel; reviewer, generally refers to the internal organization of the Executive heads and their deputies personnel; sponsor, generally refers to the concrete contractor staff on administrative matters.
    But in accordance with or authorized by the administrative division of internal management, by other staff exercise of authority, audit authority, approval of the specific exercise of rights, the right to audit personnel for approval, the reviewer. 46th article of the municipal administrative organs at all levels shall, in accordance with the relevant provisions of the measures, combined with the work of their unit, develop the administrative fault responsibility investigation of specific measures for its implementation. Have already been making relevant administrative fault responsibility investigation system, should be revised in accordance with the relevant provisions of this way back.
    Not specified in this way, the units can be based on the actual work to supplement and perfect.
                                      47th these measures come into force on the date of promulgation.