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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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(Prelease No. 33 of the Decree No. 33 of 19 October 2002 of the People's Government of the Faro City)

Chapter I General
Article 1, in order to transform its work, upholds the administration of justice, improve administrative effectiveness, ensures the proper, timely, impartial and efficient administration of the executive branch and its staff, prevents and corrects administrative wrongdoing, and develops this approach in accordance with the National People's Republic of China Administrative Monitoring Act, the National Civil Service Provisional Regulations and the relevant laws, regulations, regulations and regulations.
Article 2 of the present approach refers to acts of adverse impacts and consequences by staff members of the executive organs due to intentional or fault, failure to perform or incorrectly perform their mandated duties, which affect administrative order and administrative efficiency, mismanagement or damage to the legitimate rights and interests of the executive.
The preceding paragraph does not carry out its duties, including in cases such as refusal, abandonment, inference and non-fulfilment; incorrect performance of its duties, including the absence of a legal basis and the failure to perform its duties in accordance with the prescribed procedures, the terms of reference and the time frame.
Article 3. The executive organs of the city and the bodies entrusted by the executive organs of the law to carry out their management duties, as well as the legal, regulatory and authorized staff of the organization, are held accountable for failure to act as an administrative error.
Article IV. The executive organs at all levels shall be responsible for the accountability of the administrative error of the responsible person, in accordance with their respective responsibilities and the management authority. The provisions of the law, legislation and regulations are otherwise provided.
The personnel sector is responsible for the integrated management of civil servants in accordance with its statutory responsibilities.
The administrative inspectorate is responsible for the oversight of the administrative error and may investigate, in accordance with the law, cases of administrative error affecting the city.
Article 5 is responsible for administrative error, insisting on truth and error, punishing the principle of proportionality and punishment.
Article 6.
Structuralization of job-critical responsibilities is exercised. In accordance with the terms of reference and work of this unit, there is a scientific and reasonable determination of the objectives and management of the staff of the Unit.
A public start-up system has been introduced to clarify and open service content, conduct proceedings, commitment time, fees, oversight channels, and conduct results.
The time frame is in place, in accordance with the laws, regulations and regulations, and in the light of the actual practice of the sector, the time frame for administrative matters and their various components is established.
Chapter II
Article 7. In the course of the administrative licence management, one of the following cases shall be held accountable for the administrative error of the licensor:
(i) Applications that meet the conditions set shall be admissible, licensed and granted;
(ii) The conduct of the proceedings should be open without the approval of the decision;
(iii) The request for information does not provide a clear picture of the supplementary matter, or asked whether it was clear that the request was made;
(iv) The illegal establishment of a reimbursable counselling process;
(v) Inadmissibility, licence does not inform the grounds;
(vi) No provision is made for the application of a licence;
(vii) Execution of licences in accordance with the prescribed procedure or unlawful establishment of a licence procedure;
(viii) Excluding the application of a licence by the competent authority;
(ix) Failure to complete the licence matter or to communicate the results and submissions within the time frame for the provision or commitment;
(x) The payment of mortgages, bonds and licence fees in violation of the law;
(xi) The right to licens management by an intermediary, a subsidiary unit or other organization in conflict with the law;
(xii) The unlawful authorization of an intermediary or other organization to engage in a licence act;
(xiii) No public licence results;
(xiv) Responsibilities involving different sectors, without timely and proactive coordination, interference or delay, or transfer of other sectors after the completion of the licence matters in the sector;
(xv) Other infringements of the licence provisions, mislicensing or damaging the legitimate rights of the licensor.
The licence referred to in the preceding paragraph refers to the same or prestigious administrative acts as may be authorized, authorized, registered and other in accordance with the law.
Article 8. In the course of the administration, there are one of the following cases in which the executive organs should be held accountable:
(i) It cannot be determined on the basis of implementation;
(ii) Without the approval of the statutory process, unauthorized changes in the standards of collection have been made in addition or in the establishment of a collection project;
(iii) No levied by statute and time frame;
(iv) Exclusive, private or unauthorized expenses;
(v) The imposition of specialized instruments that are not legally collected or used by the statutory sector;
(vi) Nothing in the application of qualifications, licences;
(vii) In the event of an objection made by an extractive unit or individual, the statutory right to relief is not informed;
(viii) Other violations of the provisions.
The above section refers to administrative expenses, including taxes, administrative fees.
Article 9. In the course of administrative inspection management, one of the following cases shall be held accountable for the administrative error of the inspector:
(i) It is not possible to determine the basis for the implementation of the inspection;
(ii) There is no justification, matter and content for carrying out inspections;
(iii) No inspection of valid eligibility documents;
(iv) No inspection is carried out in accordance with statutory procedures and time limits;
(v) No inspection is carried out in accordance with the statutory authority or beyond the statutory competence;
(vi) Denouncing, devoting, delaying and refusing to perform inspection duties;
(vii) Intrusion, shelter, support, condonment, and non-struction and redress for the offences identified in the examination;
(viii) In violation of the provisions which undermine the legitimate rights and interests of the person examined;
(ix) Other violations of administrative inspection provisions.
Article 10 In imposing administrative sanctions on violations of the administrative order, the executive branch has one of the following cases and should be held accountable for the administrative error of law enforcement officials:
(i) There is no administrative law enforcement capacity to impose administrative penalties;
(ii) There is no legal and factual basis for administrative sanctions;
(iii) The establishment of the type of punishment or changes in the level of punishment;
(iv) Punishment in violation of statutory procedures;
(v) The use, loss or damage to the property seized, resulting in loss to the parties;
(vi) In violation of the relevant provisions, damage to the person or property of the citizen and loss to legal or other organizations;
(vii) The transfer of criminal responsibility by the judiciary, in accordance with the law, should replace the sentence;
(viii) Toys negligence and to refrain from suppressing, punishing violations that should be stopped and punished;
(ix) In accordance with the conditions of hearing, the executive is subject to a request for hearing and shall organize hearings without organizing hearings;
(x) No legal notification of the rights and means of the legal remedies of the offender;
(xi) Other violations committed administrative penalties.
Article 11. When administrative coercive measures are taken by the staff of the executive branch in the course of law enforcement, one of the following cases should be held accountable:
(i) It is not possible to determine the basis for administrative coercive measures;
(ii) The violation restricts the liberty of citizens;
(iii) Execution of coercive measures such as seizure, seizure, freezing and residual of property of citizens, legal persons and other organizations;
(iv) The adoption of administrative coercive measures in violation of statutory procedures or beyond the statutory time frame;
(v) Execution of administrative coercive measures in conflict with the law has resulted in injury to civil, legal and other organizations or property rights.
Article 12 Reviewing staff in the executive branch shall be held accountable in one of the following cases when performing their administrative review duties:
(i) The application for review in accordance with conditions shall be admissible without justification;
(ii) No application for administrative review shall be transferred in accordance with the provisions;
(iii) No reconsideration decisions within the statutory period;
(iv) Instruction in private fraud or other malfunctioning, negligence in administrative review activities.
Article 13 Staff members of the executive branch should be held accountable when performing their administrative duties by:
(i) Units with administrative functions that do not have a clear place in the premises of the Office of the United Nations High Commissioner for Human Rights (OHCHR);
(ii) The content of services not covered, the conduct of proceedings, commitment time, fees, oversight channels, and the results of the operation are not public;
(iii) A window unit for socially directly receiving business, which is empty during the work;
(iv) The staff member's absence of a work name, which is not uniformed as prescribed;
(v) Disadvantaged, neglected and disrespect for service recipients, which are matters within the purview of the responsibility for precision and delays;
(vi) In order to comply with the provisions, procedures are fully in place and there is no reason to proceed within the specified time frame;
(vii) With respect to communications, telegraphs, correspondence, no receipt, registration, review, submission of proposed observations, without justification, of the submission of the delegation of authority by the specified time frame;
(viii) It is unreasonable that matters relating to the terms of reference of the non-exclusive units or omissions of the unit are not covered by this unit;
(ix) Subject to consultation or consultation with the relevant departments, the decision of the superior or organ is not submitted to the decision of the decision of the superior authority or authority;
(x) The lack of strict enforcement of confidentiality and documentation management provisions, resulting in documents, archives, information leading, destruction or loss;
(xi) External statements, which have not been strictly checked, books, formats, language and seals, resulting in serious consequences;
(xii) The issuance of external submissions without leadership;
(xiii) No provision of external statements as required;
(xiv) The use of public chapters in accordance with the provisions;
(xv) Other violations of the internal administration system and the management of internal affairs within the administration.
Chapter III Discriminatory division and responsibility
Article 14.
Article 15 The holder has a direct responsibility, without the approval of the licensor, to make specific administrative acts, which have resulted in an administrative error.
The failure of the custodians to properly perform the clearance, approval functions has led to a direct responsibility of the custodians for the administrative error.
Article 16, while the licensor has been reviewed and approved, the licensor does not carry out specific administrative acts in accordance with the matter of review, approval, resulting in the administrative error and the direct responsibility of the contractor.
Article 17 misleadings of programmes or opinions, the licensor, the rator, the rator, the rator should find that there was no finding or that the latter had not been corrected, causing the consequences of the administrative error, the holder had a direct responsibility to review the primary responsibility for leading the responsibilities of the holder and the approval of the person was responsible for leading responsibility.
Article 18 examiners do not accept or change the right opinion of the custodian and, with the approval of the author, the result of the administrative error, the holder has a direct responsibility for the approval of the principal leadership.
The reviewor does not request the approval of a decision directly, leading to the occurrence of the administrative error and the responsibility of the reviewers.
Article 19 Authors do not adopt or change the right opinion of the custodian, the reviewer, which has led to the occurrence of administrative misconceptions and the direct responsibility of the author.
The author is directly responsible for the consequences of the administrative error without the preparation, review and approval of the contractor.
Article 20 leads, interventions leading to the occurrence of administrative misconceptions and direct responsibility for the direction and intervention.
Article 21, which was carried out by collective research, decision-making leading to the consequences of administrative mismanagement, was the primary responsibility of the decision-makers, the responsibility of those who had misconceptions to lead, and those who had the right opinion were not responsible.
The change in the specific administrative behaviour of the lower-level organs resulting in the misleading consequences of the administration, with the leading responsibility of the superior authority.
Article 23, after a decision of the hearing, authorized the author to agree with the wrong proposal of the moderator, which had led to the administrative misconceptions, had a direct responsibility for the facilitators, the approval of the principal leadership and the approval of the author's failure to adopt the correct recommendations of the hearing facilitators had led to the administrative error and the author's direct responsibility.
Article 24 Changes in specific administrative acts by the review body, resulting in the occurrence of excessive administrative consequences and the important leadership of the review body.
Article 25 is deliberately or faulted, resulting in the occurrence of administrative misconceptions and the identification of responsibilities according to the role of the individual.
Chapter IV
Article 26
(i) A written inspection order;
(ii) To inform criticism;
(iii) Removal of prequalification for the year;
(iv) Excellence of awards;
(v) To caution against statements;
(vi) Removal or suspension training;
(vii) Resigned, resigned;
(viii) Administrative disciplinary action.
Article 27, according to the circumstances, the consequences and the size of the impact, has been dilapidated by the administrative error, which is generally wrong, serious mistakes and particularly serious faults:
(i) In the light of the circumstances, the consequences and impacts of damage to the administrative organs and the administration are smaller and are generally wrong;
(ii) In the event of a grave nature, the consequences of the damage caused to the administrative organs and to the relative administration of the administration of the administration are serious and disproportionate;
(iii) In exceptional circumstances, the consequences of damage were particularly severe and affected by the relative administrative organs and administrations.
Article 28 is generally misleading, giving or consolidating administrative treatment under article 26, subparagraphs (i), (ii), (iii), (iv), and (iv), of this approach, to those responsible for leading responsibility and key leadership responsibilities, individually or jointly, to article 26, subparagraphs (i), (ii), (iii), (iv), (v)).
Article 29 imposes a serious error on those who are directly responsible, assigns administrative disciplines to the administrative downgrading below, consolidates administrative treatment under article 26, subparagraphs (iii), (iv), 5 and (vi), of this approach, assigns administrative disciplines to the principal lead responsibilities, assigns administrative disciplines to the executive branch, consolidate administrative treatment under article 26, subparagraphs (iii), (iv), (v), (vi) of this approach, impose administrative warnings on key lead responsibilities or administrative disciplines, and consolidates this approach (art. 26), and (iv)).
Article 36, subparagraphs (iii), (iv), 5), (vi) of the present approach, administrative dismissal, administrative dismissal, administrative dismissal, removal of administrative disciplinary measures, or administrative dismissal of the principal lead holder, administrative dismissal, dismissal of the executive branch, subparagraphs (c), (v), (vi) of the executive branch, (iii), (iv), (vi) of the executive branch), (iv) of the executive branch, executive branch, executive branch, executive branch, executive branch, executive branch, executive branch, executive branch.
Article 31, which violates the legitimate rights and interests of citizens, legal persons and other organizations by administrative error, causes damage and concerns reparations, holds the liability of the wrongly responsible in accordance with the relevant provisions of the National Compensation Act of the People's Republic of China. In violation of sentences, the judiciary is transferred by law.
Article 32 is one of the following acts by the responsible administrative error and should be addressed again:
(i) More than two cases of administrative error should be held within one year;
(ii) Interference, obstruction and non-coordinated investigation into its administrative error;
(iii) Countering, revenge and trapping the complainant, the prosecution, the accused;
(iv) In carrying out their duties, private fraud and the receipt of the belongings of the parties, acceptance of the dinner requests of the parties, participation in tourism and recreational activities provided by the parties.
Article 33, an administrative error holder's initiative to identify and respond in a timely manner to errors, failure to cause significant losses or adverse impacts, may be held accountable for administrative error.
Article 34 states that:
(i) Exemptive leave by the executive, resulting in the inability of the staff of the executive branch to make the right judgement;
(ii) Law, regulations, regulations and internal administration systems do not provide for specific provisions or provisions, thereby compromising the staff of administrative organs to understand errors;
(iii) The occurrence of an accidental or force majeure factor resulting in administrative error;
(iv) Other circumstances under the laws, regulations and regulations.
Chapter V Accountability institutions and procedures
Article XV should be held accountable for administrative error, in accordance with the relevant provisions of the terms of competence for the management of personnel and the administration of the authorization. The executive organs at all levels have established administrative error accountability to be held accountable for the validation of the organization, which is composed of heads of departments, such as the heads of the unit's leadership, the inspection, the rule of law, personnel. Mainly perform the following duties:
(i) Resolves to investigate;
(ii) Consideration of reports of investigations or proceedings;
(iii) Decisions taken.
Article XVI of the administrative error is held accountable for the organization's office consisting of staff from the inspection, the rule of law and the personnel sector. Mainly perform the following duties:
(i) To receive complaints, prosecutions and charges;
(ii) Investigation of administrative error;
(iii) Drafting of investigation reports and providing responses.
Article 337 investigates the system of avoidance of administrative misconduct. The administrative error should be avoided by holding that the members of the organization and the staff of its office were in a position to be in a position to be in a position to be able to deal with the administrative error.
Article 33 is one of the following specific administrative acts and should be investigated to determine whether specific administrative actors should assume responsibility for administrative error:
(i) The publication of normative documents and the development of administrative measures that are in violation of the law by superior organs or competent authorities;
(ii) Specific administrative acts, subject to administrative proceedings, which have been dismissed by the People's Court and partially removed from specific administrative acts;
(iii) Specific administrative acts, subject to administrative review, changes in decision-making by superior authorities or the restatement of specific administrative acts;
(iv) In high-level or peer-level, government administrative enforcement oversight inspections are found to be wrong and require investigation;
(v) Complaints, prosecutions and charges by citizens, legal persons and other organizations;
(vi) High-level authorities are required to investigate them.
Article 39 Complaints, prosecutions, charges against citizens, legal persons and other organizations, and accountability for administrative error should be examined by the institution of the office within 7 days whether the facts are based on and deciding whether to be admissible. The facts under review should be admissible; there is no factual basis and inadmissible. There is a clear complaint, a prosecution and a complaint that should be informed of the reasons for admissibility.
Article 40 decides that the investigation shall be completed within 15 working days. The complexity of the situation could be extended by 15 working days. However, laws, regulations, regulations and regulations provide otherwise, from their provisions.
Article 40, the complainant, the prosecution, the alleged offender, the alleged person's inadmissibility of the decision, or the absence of a complaint, prosecution and prosecution to the inspectorate, may be filed with the inspector.
The cases handled directly by the inspectorate concerned administrative disciplinary proceedings, in accordance with the relevant provisions of the National People's Republic of China Administrative Monitoring Act.
Article 42 determines the treatment of persons responsible for administrative error, with clear complaints, prosecution and prosecution, and should inform the complainant, the prosecution and the accused.
Article 43 imposes the right to make statements and the right to be heard.
The administrative erronety may submit a review or appeal to the same-level inspection body within 15 days of the date of receipt of the decision to deal with the decision, or an arbitration application to the same level of personnel arbitration body. A review, review or arbitration decision shall be made within the specified period.
Article 44's decision to deal with the administrative error of responsibility shall be communicated to the peer inspection body and the personnel sector, in accordance with the terms of reference.
Annex VI
Article 42 of this approach refers generally to the executive heads and their deputy officials; the reviewer, generally to the heads of departments and their deputy officials within the executive branch; the custodian, generally refers to staff members who perform administrative matters. However, in accordance with the internal division of labour or subject to administrative authority, other staff exercise the right to approval, review and approval by the author and the reviewer.
Article 46 shall be governed by the relevant provisions of this approach by the executive organs at all levels of the city to develop a specific implementation approach to the accountability of this unit in the light of the actual work of the unit. The relevant units have established a system of accountability for administrative error and should be renovated in accordance with the relevant provisions of this approach. This approach is not specified and units can be effectively supplemented and refined in accordance with the work of this unit.
Article 47 is implemented since the date of publication.