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Chongqing Administrative Law Enforcement Personnel Management Practices

Original Language Title: 重庆市行政执法人员管理办法

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Management of administrative law enforcement personnel in the city

(Health of 2 February 2012 at the 118th Annual Meeting of the People's Government to consider the adoption of the Order No. 262 of 10 February 2012 of the Order of the Government of the People's Republic of the Greater Cessation of 10 February 2012.

Chapter I General

In order to strengthen the management of administrative law enforcement officials, to increase the level of administrative law enforcement, to protect the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this approach in line with the provisions of the laws, regulations, such as the National People's Republic of China Administrative Punishment Act.

Article 2

Administrative law enforcement officials refer to the in-service staff of administrative law enforcement agencies (including administrative law enforcement agencies, the administrative law enforcement organizations authorized and delegated under the authority of the law, etc.), who are effectively performing administrative licensies, administrative penalties, administrative enforcement, administrative charging, administrative issuance and administrative decisions.

Article 3. Management of administrative law enforcement officials upholds the principle of unity of leadership and sub-ordination, eligibility and day-to-day training, supervision of restraint and integration of nuclear awards.

Article IV. The Government of the People's Government of the municipality, the District (Autonomous Region) is responsible for the management of administrative law enforcement personnel in the present administration.

The Government's rule of law institutions are responsible for the integrated management of administrative law enforcement personnel and for the identification of administrative law enforcement officials, training for general legal knowledge, law enforcement documentation management and enforcement oversight.

Administrative law enforcement agencies are responsible for the specific management of administrative law enforcement personnel and are responsible for the day-to-day management of administrative law enforcement officials, review of qualifications, specialized legal knowledge training, legal knowledge updating training, induction training, annual appraisal, law enforcement documentation management and law enforcement oversight.

The departments, such as institution-building, human security, finance, inspection, are responsible for the administration of law enforcement personnel within their respective mandates.

Article 5. Administrative law enforcement officials have a significant contribution in the administration of justice and are rewarded in accordance with the relevant provisions.

Article 6. The authorities of the commune government should establish an information management system for all municipal executive law enforcement officials, providing access to information, and receiving social oversight through the re-elebrity of the information network of administrative law enforcement officials.

Chapter II Training in law enforcement

Article 7. Training of administrative law enforcement officials should uphold the principles of theoretical contact, teaching and effectiveness.

Article 8. The Government's rule of law body is responsible for guiding the training of administrative law enforcement personnel, with specific responsibility for the training of administrative law enforcement officials in general legal knowledge.

Administrative law enforcement agencies are responsible for specialized legal knowledge training, legal literacy training and induction training for administrative law enforcement officials.

Article 9 is the responsibility of the State's rule of law institutions to organize the preparation of a common legal knowledge training materials and examination kits, and municipal executive law enforcement agencies are responsible for organizing specialized legal knowledge training materials and examination kits.

Article 10 The personnel to be involved in administrative law enforcement should participate in administrative law enforcement training.

Administrative law enforcement qualifications training includes general legal knowledge training and specialized legal knowledge training.

Article 11. Administrative law enforcement officials should participate at least once a year in the updating of legal knowledge organized by administrative law enforcement agencies.

Article 12. Administrative law enforcement officers are temporarily deducted by law enforcement documents and should be involved in induction training organized by administrative law enforcement agencies.

Article 13 Training should be closed.

The training examinations have been carried out by hundreds of scores, with examinations of 60 and over, qualified for the examination; the examination is not qualified and can be completed once.

Article 14. Training of administrative law enforcement officials, examination achievements should be based on the contents of the annual examination and the promotion of office.

Chapter III

Article 15.

The staff of administrative law enforcement agencies are not granted administrative law enforcement qualifications and are not subject to law enforcement.

Article 16 Staff members of administrative law enforcement agencies apply for recognition of administrative law enforcement qualifications and should have the following conditions:

(i) Staff on work;

(ii) To be engaged in administrative law enforcement;

(iii) Education with higher education;

(iv) A good political, operational quality and morality;

(v) The qualifications of administrative law enforcement training examinations;

(vi) More than one year of work.

Article 17: The following staff members of administrative law enforcement agencies shall not apply for recognition of administrative law enforcement qualifications:

(i) Not directly involved in administrative law enforcement;

(ii) Be disposed of above without removal;

(iii) Contracts, temporary workers and borrowers;

(iv) The annual examination of the non-statement of functions;

(v) The review is being carried out for violations or for disciplinary acts.

Article 18 Applications for recognition of administrative law enforcement qualifications should be submitted to:

(i) The application for qualifications of administrative law enforcement personnel;

(ii) Eligibility to train examination performance;

(iii) Annual work appraisal;

(iv) The identity of administrative law enforcement agencies and review observations.

Article 19 requires recognition of administrative law enforcement qualifications, in accordance with the following procedures:

(i) Individual written application;

(ii) Approval by administrative law enforcement agencies;

(iii) Government rule of law institutions.

Article 20 is valid for five years and has been calculated from the date of administrative law enforcement.

Administrative law enforcement officials should participate in administrative law enforcement examinations before the expiration of the administrative law enforcement qualifications, and re-appoint administrative law enforcement.

Chapter IV Law enforcement documents

Article 21 Administrative Law Enforcement Evidence (hereinafter referred to as the law enforcement certificate) is the legal testimony of administrative law enforcement officials in this city to obtain administrative law enforcement qualifications, as evidenced in the status of administrative law enforcement.

Article 2 law enforcement evidence is produced by the Government of the city and is a special chapter of the executive law enforcement of the Government of the city.

The law enforcement evidence is governed by the municipal, district (autonomous district) sub-management system, with specific distribution and regulatory work being undertaken by the Government's rule of law institutions.

Article 23 of the law enforcement evidence is presented by administrative law enforcement agencies to the same level of government rule of law institutions.

Article 24, when administrative law enforcement officials engage in administrative law enforcement activities such as administrative inspections, administrative penalties, administrative enforcement and administrative charges, they should offer an effective law enforcement certificate.

Administrative law enforcement officials do not produce law enforcement evidence and the administrative relative is not in compliance with the obligation.

Article 25 Administrative law enforcement officials apply for the conversion of law enforcement documents, owing to changes in their work or the breakdown of law enforcement evidence, after a written statement by administrative law enforcement agencies to the same level of government rule of law institutions.

In the absence of law enforcement evidence, the executive law enforcement agencies should reproduce the law enforcement evidence, either through press or government website announcements, after written statements by the same Government's rule of law institutions.

Article 26 After the expiry of the period of effectiveness, a law enforcement certificate must be re-established after administrative law enforcement qualifications. The original law enforcement evidence was recovered by administrative law enforcement agencies.

Article 27, Administrative law enforcement officials are no longer involved in administrative law enforcement, and their law enforcement certificates are recovered by administrative law enforcement agencies.

Article 28 Administrative law enforcement agencies that use administrative law enforcement documents issued by the Department of State should incorporate the relevant information of the licensee into the information management system of administrative law enforcement officials throughout the city and report back to the same level of government rule of law institutions.

Chapter V Obligations of rights

Administrative law enforcement officials should promote the spirit of the socialist rule, uphold the concept of law enforcement as citizens, adhere to professional ethics, adhere to occupational disciplines and ensure strict, normative, fair and civilized law enforcement.

Article 33 Act enforcement officials perform their duties under the law and are protected by law, and citizens, legal persons or other organizations should provide support and assistance.

Article 31 enjoys the following rights by administrative law enforcement officials:

(i) Access to working conditions that should be exercised in the performance of their duties;

(ii) Non-exclusive dismissal, dismissal or disposal due to statutory conduct, non-application of statutory procedures;

(iii) Access to wages and benefits, insurance treatment;

(iv) Participation in administrative law enforcement training;

(v) Access to administrative law enforcement and law enforcement evidence by law.

Article 32: Administrative law enforcement officials shall fulfil the following obligations:

(i) Str strictly respect the provisions of the Constitution, laws, regulations and regulations;

(ii) To carry out their duties in accordance with the statutory competence and procedures, and to enforce justice;

(iii) Maintenance of national interests, public interest and protection of the legitimate rights and interests of citizens, legal persons and other organizations;

(iv) Respect for occupational disciplinary and behavioural norms;

(v) Conservation of State secrets and working secrets.

In the course of administrative law enforcement activities, administrative law enforcement officials should be equipped with integrity, attitudes and treasury, matural, language civilization, gifts.

Administrative law enforcement officials may not use custom, discrimination, stigma and threatening languages in administrative law enforcement activities.

In the course of administrative law enforcement activities, administrative law enforcement officials have uniformed clothing and should be structured in a form of clothing; there is no uniformed clothing and should be replicated and reliant.

Administrative law enforcement officials shall not borrow, rent or sell a manufacturer of clothing, and non-administrative law enforcement activities shall not have access to a form of clothing.

Article 335 Administrative law enforcement officials should be subject to the norms of conduct in the law enforcement process and shall not be subjected to acts such as alcohol, cascabo.

Article 36, when administrative law enforcement officials investigate the evidence, should be comprehensive, objective, impartial and timely.

Administrative law enforcement officials shall not collect evidence by reason of futility, fraud, coercion and violence, and shall not forfeiture, conceal evidence.

Article 37, when administrative law enforcement officials correct violations, should uphold the principle of combining penalties and education and promote the enforcement of the law.

Administrative law enforcement officials should regulate the exercise of administrative law enforcement discretion, equal treatment of the administrative relative and non-discrimination.

Prior to an administrative enforcement officer's decision on enforcement, administrative sanctions should be informed of the facts, rationales and basis of the decision of the parties and of the right of the parties to make statements under the law, the right to be heard, the right to seek a waiver, the right to apply for hearing and the right to relief.

Article 338 imposes on administrative law enforcement officials the following acts:

(i) Abuse of authority and cross-border enforcement;

(ii) Arrogance and barbaric enforcement;

(iii) Excellence of law enforcement and arbitrary enforcement;

(iv) Delays and inefficiencies;

(v) To eat the cards to be private.

Chapter VI Enforcement oversight

Article 39, Administrative law enforcement officials should be aware of the supervision carried out by the inspectorate, the Government's rule of law or superior administrative law enforcement agencies, as well as the supervision of citizens, legal persons or other organizations.

Administrative law enforcement agencies should establish monitoring telephones and publicize society to accept supervision of administrative law enforcement officials by citizens, legal persons or other organizations.

Article 40. Administrative law enforcement agencies should establish a robust monitoring system to monitor the implementation of laws, regulations and regulations by administrative law enforcement officials and compliance with disciplinary procedures.

Article 40. Civil, legal or other organizations have the right to report to the relevant State organs on violations and unconstitutional acts of administrative law enforcement officials. The organ receiving the report shall be promptly checked and inform the prosecution of the findings.

Citizens, legal persons or other organizations subject to the law shall not suppress and combat reprisals by any unit or individual.

Chapter VII Legal responsibility

Article 42? Administrative law enforcement officers have one of the following cases, with the suspension of their law enforcement evidence by governmental rule of law or administrative law enforcement agencies:

(i) Substantial functions, such as the annual examination;

(ii) The lack of participation in law enforcement training or training;

(iii) Removal of law enforcement or transfer of law enforcement documents to others;

(iv) Loans, rents, or sells and non-administrative law enforcement activities in a form of clothing access to recreational places;

(v) Administrative law enforcement officials use custom, discrimination, stigma and threatening languages in administrative law enforcement.

(vi) Administrative law enforcement by administrative law enforcement officials is not regulated;

(vii) Administrative law enforcement officials use inappropriate means to investigate evidence.

Article 43 deadlines for the suspension of law enforcement documents are 30 days, and administrative law enforcement officers shall not be involved in administrative law enforcement activities during the suspension.

Administrative law enforcement officers who have been subject to a provisional law enforcement certificate should be involved in induction training and, after the examination is qualified, the law enforcement evidence was issued.

Article 44 states that administrative law enforcement officials have one of the following cases, and administrative law enforcement agencies should be invited to write the administrative law enforcement qualifications, revoke the law enforcement certificate:

(i) Criminal punishment, labour rehabilitation or dismissal;

(ii) The absence or incest of administrative law enforcement, which causes serious consequences;

(iii) In the course of administrative law enforcement, the abuse of the perpetrators and the infliction of serious harm;

(iv) The use of the job to make private and provocative private laws that affect them;

(v) In violation of the law, abuse of authority, incestimation and grave consequences.

(vi) Access to law enforcement evidence, such as fraud, bribery;

(vii) Be suspended for more than two or two consecutive years of annual examination.

Article 48 fractures of law enforcement by administrative law enforcement officials may apply for review to government rule of law institutions or administrative law enforcement agencies, within 30 days of receipt of the decision.

Administrative law enforcement officials may apply for review to government rule of law institutions that have taken the decision within 30 days of receipt of the decision.

The Government's rule of law or administrative law enforcement agencies shall make a review decision within 30 days of the date of receipt of the request for review and inform the applicant in writing.

During the review period, the implementation of the decision was not stopped.

Article 46, administrative law enforcement officials were temporarily deducted from law enforcement evidence, write-off of administrative law enforcement qualifications, revocation of law enforcement documents, and administrative law enforcement agencies should make public statements through the information management system for all municipal law enforcement officials.

Article 47, in administrative law enforcement, is unlawful or unconstitutional and disposed of by the competent organ in accordance with the law; is suspected of committing crimes and transferred to the judiciary.

Article 48 is relatively obstructive and disrupted by administrative law enforcement officials to perform their duties in accordance with the law, in violation of the management of the security sector, punishable by law by public security authorities, and transferred to the judiciary for alleged crimes.

Chapter VIII

Article 49 of this approach is implemented effective 1 April 2012. The Modalities for the administration of administrative law enforcement documents issued by the Government of the commune on 10 October 1997 (No. 2 of the Order of the People's Government).