Jiangxi Province, Measures For Administration Of Law Enforcement

Original Language Title: 江西省行政执法证件管理办法

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  First in order to strengthen the management of administrative documents, standardize administrative enforcement action to ensure implementation of the laws, regulations and rules, in accordance with the People's Republic of China on administrative punishment law, administrative law enforcement supervision regulations of Jiangxi province and other provisions of laws and regulations, combined with the facts of the province, these measures are formulated.

Second certificate of administrative law enforcement in these measures, including administrative and administrative law enforcement and supervision of law enforcement certificates certificate.

Administrative law enforcement certificate, refers to the administrative area of the province of administrative law enforcement personnel shall carry out administrative enforcement activities of qualification.

Administrative law enforcement supervision certificate refers to the administrative law enforcement supervision within the administrative area of the province of administrative law enforcement supervision activities according to law qualification. Article within the administrative area of the province of administrative law enforcement documents apply to the application, issuance, use and management, application of this approach.

Otherwise provided by laws and regulations prevail. The fourth certificate of administrative law enforcement management, applying the principle of unified leadership and graded responsibility.

Administrative documents issued by the people's Governments above the county level classification, specific work by the people's Governments above the county level legal bodies.

Provincial administrative organization for law enforcement and the vertical management departments below the provincial administrative legal body responsible for the issuance of certificates by province.

District administrative law enforcement organs of the municipal administrative documents by District municipal legislative affairs agency is responsible for issuing.

The County (city, district) administrative law enforcement organs and the people's Government of township (town) people's administrative law enforcement by County (city, district) issued by the Legislative Affairs Agency. According to the provisions of laws and administrative regulations has been issued by the Administrative Department for national unity of administrative law enforcement documents, not issued in this province, however, should the Department of provincial administration of law enforcement personnel roster and numbering and document design submitted to provincial people's Government legal filings.

Record shall be submitted to the electronic data.

Fifth legal agencies above the county level people's Government is responsible for the administration of administrative law enforcement documents apply to the application, issuance, use, and management of supervision and inspection.

People's Governments above the county level administrative law enforcement organs should do the unit, the daily management of the system of administrative law enforcement documents.

Sixth rule of administrative law enforcement model by the provincial bodies for the programmes submitted to the provincial people's Government, the provincial governments for uniform provisions and make an announcement.

Seventh article apply for administrative law enforcement card of personnel must meet following conditions: (a) has clear of administrative law enforcement work post and specific of administrative law enforcement duties; (ii) familiar legal, and regulations and regulations, and has corresponding of expertise; (three) after County above government legal institutions organization of administrative law enforcement induction training and administrative law enforcement organ organization of professional legal knowledge training, or in online learn full provides of class, and by exam qualified; (four) Shang annual assessment qualified.

The eighth the following persons may apply for administrative law enforcement supervision certificate: (a) the people's Governments above the county level administrative staff engaged in administrative law enforcement supervision in law enforcement agencies, (ii) rule of the people's Governments above the county level staff in administrative law enforcement and supervision agency and (iii) other personnel comply with laws, rules and regulations.

Administration and supervision of law enforcement personnel should be familiar with the law, experience in an administrative management and supervision of law enforcement training.

Nineth provincial legislative affairs is responsible for the establishment of administrative law enforcement officials online exam system, production of generic training materials and examination of legal knowledge, and developing online training and tests specified.

Tenth administrative law enforcement documents, in accordance with the following procedures: (a) individual written application; (b) the law enforcement agency audits, for example (c) issued by the Government legal organization reviews,.

Legal institutions in the people's Government above the county level engaged in administrative law enforcement supervision of staff directly to the Government legal body for administrative law enforcement supervision card. 11th administrative law enforcement should be centrally by the administrative law-enforcement agencies to apply for.

Administrative law enforcement organ should according to this approach seventh article, and eighth article of provides, on this organ about staff of qualification conditions for audit summary Hou, submitted following material to sibling government legal institutions review: (a) administrative law enforcement documents application table; (ii) qualification training exam results; (three) annual work assessment situation; (four) administrative law enforcement organ issued of identity proved and review views.

12th government legal agencies shall from the date of receiving the administrative law enforcement organs to apply for documents five working days to complete the examination, applications for materials are complete and in conformity with the requirements, issuance of administrative documents in a timely manner; applications for materials are incomplete or do not meet the criteria, should be returned to the administrative law enforcement organs and state the reasons.

City divided into districts, counties (cities and districts) issued by the Legislative Affairs Agency shall promptly submit the certificate of administrative law enforcement information and electronic document province people's Government legal agencies. 13th chief law enforcement officers in the performance of law enforcement duties, administrative law enforcement certificate must be presented, in a specified range of functions and powers, and the exercise of enforcement powers.

Citizens, legal persons or other organizations to understand the holder's name, identification number, and law enforcement.

For failure to produce a certificate of administrative enforcement, or produce invalid certificates of administrative enforcement, belong to illegal procedures, citizen, legal person or other organization has the right to refuse to accept or to cooperate with law enforcement.

14th administrative supervision of law enforcement officers to exercise oversight responsibilities, the administrative law enforcement supervision shall produce certificates.

Supervision by supervisory staff shall be subject to the supervision of law enforcement officers asked and to provide truthful information. 15th administrative law enforcement personnel and administrative law enforcement supervision shall take good care of the administrative law enforcement documents, if lost, should promptly report to the administrative law-enforcement agencies, administrative law enforcement authorities shall, without delay, in main local newspapers or the people's Governments at the corresponding level portal announcements aside and report to the legal documents issued by the Government; the Government legal organization should be based on the actual cancellation of the original certificate, reissue a new certificate.

Defaced, torn and cannot identify administrative law enforcement documents, shall report without delay to apply for a new card. 16th administrative law enforcement and administrative supervision of law enforcement officers because of job relocation, resignation, dismissal, retirement or for other reasons to leave work, the unit at the time of going through the formalities should withdraw its administrative law enforcement documents and submit legal documents issued by the Government Agency for cancellation.

Legal documents issued by the Government institutions shall, within five working days of the cancellation of the information reported to the provincial people's Government legal agencies.

Administrative law-enforcement personnel, administrative law enforcement supervision of post adjustment shall be timely renewal of certificate of administrative law enforcement. 17th the establishment of information management system for administrative law enforcement in the province, and implementation of information management.

Provincial administrative law enforcement personnel and administrative law enforcement supervision information and certificate holders, centrally managed by the provincial legal and Government information website, for social inquiry, supervision.

18th administrative law enforcement training, examination and certification are free of charge, budget requirements into all levels of its work.

19th article administrative law enforcement personnel has following case one of of, administrative law enforcement organ or County above government legal institutions can temporarily buckle its administrative law enforcement documents; plot serious of, revoked its administrative law enforcement documents; was revoked administrative law enforcement documents of, shall not again engaged in administrative law enforcement and administrative law enforcement supervision activities: (a) not law perform post duties, negligence, and abuse administrative law enforcement right of; (ii) violation statutory program implementation administrative law enforcement of;

(C) administrative law enforcement to others or used for purposes other than law enforcement; (d) the brutal, barbaric law enforcement. Suspended for a period of three months, to withhold administrative law enforcement documents, its administrative organ shall order the correct persistent, revoke its certificate of administrative law enforcement.

Administrative law enforcement organs should be suspended and revocation cases reported to the people's Government at the legal filings.

Administrative law enforcement personnel on was temporarily buckle administrative law enforcement documents or revoked administrative law enforcement documents of decided refuses to of, can since received processing decided of day up 30th within to decided organ application review; on review results refuses to of, can since received review decided of day up 15th within to review organ of Shang level competent sector proposed complaints; also can not by review, since received processing decided of day up 30th within to decided organ of Shang level competent sector proposed complaints; Shang level competent sector should since received complaints of day up 15th within made replies.

20th article has following case one of of, administrative law enforcement organ should recovered administrative law enforcement documents and handed issued documents of government legal institutions be cancellation: (a) administrative law enforcement documents damaged or by contains information need change, holding witnesses where administrative law enforcement organ proposed replacement, and for led application of; (ii) administrative law enforcement personnel was revoked administrative law enforcement documents of; (three) on not meet this approach provides conditions of apply for people issued has administrative law enforcement documents of; (four) need recovered, and cancellation of other case.

21st article administrative law enforcement organ has following case one of of, by sibling above Government or Shang level government legal institutions ordered corrected; plot serious of, by its superior competent sector or monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel law be administrative sanctions: (a) apply for material fraud of; (ii) forged or variable made administrative law enforcement documents of; (three) not according to this approach 16th article, and 20th article provides recovered and handed administrative law enforcement documents of;

(D) other acts that breach of administrative law enforcement regulations.

22nd article government legal institutions has following case one of of, by its superior competent sector ordered corrected; plot serious of, by its superior competent sector or monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition: (a) on meet apply for conditions of personnel not handle administrative law enforcement documents of; (ii) on knows not meet apply for conditions of personnel handle administrative law enforcement documents of; (three) not according to provides of program and term handle administrative law enforcement documents of. 23rd these measures come into force on January 1, 2016. People's Government of Jiangxi province, on September 8, 1998, the 83rd publishing, November 1, 2010, 186th of Jiangxi province, Jiangxi province, administrative law-enforcement documents, as amended, regulation repealed at the same time.

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