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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Chongqing administrative law enforcement personnel management practices

    (February 2, 2012, Chongqing Municipal People's Government for the 118th general meeting February 10, 2012, Chongqing Municipal People's Government announced order No. 262, come into force on April 1, 2012) Chapter I General provisions

    First in order to strengthen the management of administrative law enforcement personnel and improve the level of law enforcement, protecting the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China administrative penalty provisions of the Act and other laws and regulations, combined with the city's actual, these measures are formulated.

Second, administrative management of law enforcement personnel, application of this approach, provisions of laws, rules or regulations, from its provisions.

    Administrative law enforcement, means that law enforcement agencies (including administrative law enforcement organs and legally authorized and delegated administrative organization for law enforcement, the same below), administrative law enforcement qualifications, practical implementation of administrative license, the administrative punishment and administrative compulsory, administrative collection, administrative decisions of executive law enforcement functions, such as making up a staff.

    III unified leadership and management of administrative law enforcement personnel shall adhere to hierarchical accountability, qualification and ongoing training, supervision and assessment incentives combined with the principle.

Fourth municipal, district (County) in the people's Government responsible for the administration of administrative law enforcement personnel management.

Government legislative bodies responsible for administrative law enforcement integrated management, administrative law enforcement personnel qualification, General legal knowledge training, law enforcement documents, management and supervision of work.    

Administrative law-enforcement agencies are responsible for specific administration of administrative law enforcement personnel, day-to-day management, accreditation, administrative law enforcement personnel and specialized legal knowledge training, legal knowledge training, post training, annual appraisal and law enforcement documents, management and supervision of work.

    Organization establishment, human, social, financial and supervisory departments in the administrative law enforcement personnel within the scope of their respective duties and responsibilities related to management.

    Fifth administrative law enforcement personnel shall have made significant contributions in the work of administrative enforcement, in accordance with the relevant regulations of awards.

    Sixth, legal institutions should be established under the city's administrative law enforcement personnel information management system, through the publication of legal information network of Chongqing administrative law enforcement personnel-related information, provides enquiry services, subject to public supervision.

    Chapter law enforcement training

    Seventh administrative training of law enforcement personnel should uphold integrating theory with practice, on-demand education, the principle of pursuing practical results.

The eighth government legislative body is responsible for directing the administrative law enforcement training, in charge of administrative law enforcement general legal knowledge training.

    Administrative law-enforcement agencies in charge of administrative law enforcement personnel and specialized legal knowledge training, legal knowledge and post training.

    Nineth of municipal legislative affairs agency is responsible for organizing the preparation of General legal knowledge training and examination, municipal administrative law enforcement agencies responsible for the preparation of specialized legal knowledge training and examination.

Tenth administrative law enforcement agencies to engage in administrative law enforcement personnel shall participate in the administrative law enforcement training.

    Legal knowledge training in administrative law enforcement training, including General and specialized legal knowledge training.

    11th annual administrative law enforcement personnel shall participate in at least one legal knowledge training in administrative law-enforcement agencies.

    12th administrative law enforcement personnel shall be temporarily suspended enforcement certificates, organizations should participate in the administrative law enforcement agencies leave training.

13th should be closed before the end of training.

    Training examination exercises room, test scores at 60 or above, for examination; failed to pass the exam, exam again.

    14th administrative law enforcement training, exam results, as a basis for annual assessment of content promotion and tenure.

    Chapter law enforcement qualification

15th the city's administrative law enforcement personnel qualification management system.

    Administrative personnel of law enforcement institutions without law enforcement qualifications shall apply and the law permits shall not post law enforcement.

16th article qualification of administrative staff to apply for confirmation of administrative enforcement of law enforcement agencies, subject to the following conditions:

(A) preparation of the serving staff;

(B) the proposed administrative enforcement;

(C) have a college education;

(D) has good political, professional and moral conduct;

(E) administrative law enforcement qualification examinations;

    (F) the annual performance evaluation more than competent.

17th following administrative law enforcement personnel shall not apply for verification of eligibility of administrative law enforcement:

(A) does not directly engage in administrative law enforcement work;

(B) the above demerit punishment not cancelled;

   (C) contract workers, temporary workers and borrow personnel;

    (D) the incompetence of the annual appraisal;

    (E) the law or discipline is being reviewed.

18th apply for verification of eligibility of administrative law enforcement, shall submit the following materials:

(A) the application form for administrative law enforcement personnel;

(B) the qualification examination;

(C) the annual performance evaluation;

    (D) identification and review of comments issued by administrative law-enforcement agencies.

19th administrative law enforcement Certification qualifications, in accordance with the following procedures:

(A) the written application;

(B) the law enforcement agency audit;

    (C) Government legislative bodies.

20th administrative law enforcement qualification is valid for 5 years, since the Chief law enforcement officers made the date of qualification.

    Administrative law enforcement personnel shall, before expiry of the current administrative law enforcement qualification, participate in administrative law-enforcement examinations and re-apply for verification of eligibility of administrative law enforcement.

    Fourth chapter law enforcement documents

    Article 21st of the Chongqing administrative law enforcement certificate (hereinafter referred to as law enforcement certificate) is the Chief law enforcement officers make administrative enforcement of the legal documents, is engaged in the identification of administrative enforcement.

22nd uniform enforcement by the city people's Government and administrative law enforcement certificate of registration municipal seal.

    Enforcement permits implementation of municipal, district (County) of classification management system, specific issue and regulation by government legal agencies.

    The 23rd law enforcement by the administrative law-enforcement agencies apply to the Government legislative bodies at the same level.

24th administrative law enforcement personnel for administrative checks and administrative penalties, administrative enforcement, administrative collection and other administrative law enforcement activities, should take the initiative to produce a valid certificate of law enforcement.

    Administrative law enforcement personnel did not produce their card, administrative people do not meet the obligations.

25th administrative law enforcement personnel because of job changes or card damaged, by administrative law-enforcement agencies to the Government legal organization written statements at the same level when applying for renewal of law enforcement certificates.

    Law enforcement certificate is lost, the Chief law enforcement agency shall be announced through the press or Government websites declare it invalid, after the Government legal organization written statements at the same level again for law enforcement certificates. Article 26th law enforcement certificates are valid for 5 years. After the expiration, need to regain the administrative law enforcement qualifications to apply for permits.

    Original back centrally by the administrative law-enforcement agencies of law enforcement certificates.

    27th of administrative law enforcement personnel shall not engage in administrative law enforcement and its enforcement by the administrative law-enforcement agencies unified recovery.

    28th article use the administrative departments of the State Council issued the administrative enforcement of law enforcement agencies, should be licensed relevant information in the city's administrative law enforcement personnel information management system, and submitted to the Government legal filings at the same level.

    Rights and obligations of the fifth chapter

    29th administrative law enforcement personnel shall carry forward socialist spirit, adhere to the concept of law enforcement for the people and abide by professional ethics and professional discipline, strict, standardized, fair, and civilized law enforcement.

    30th administrative law enforcement personnel shall perform his duties in accordance with law, is protected by law, citizens, legal persons or other organizations should provide necessary support and assistance.

31st administrative law enforcement personnel shall enjoy the following rights:

(A) access to carry out their duties should have conditions of work;

(B) non-statutory basis and without going through statutory procedures, not to be dismissed, demoted, dismissed or punished;

(C) access to salary, benefits, insurance benefits;

(D) participation in the administrative law enforcement training;

    (E) administrative law enforcement and law enforcement license according to law.

32nd administrative law enforcement personnel shall perform the following obligations:

(A) strict compliance with the provisions of the Constitution, laws, rules and regulations;

(B) perform their duties in accordance with statutory authority and procedures, and be impartial;

(C) safeguard the State interests and public interests, protect the lawful rights and interests of citizens, legal persons and other organizations;

(D) observance of professional discipline and code of conduct;

    (E) keep state secrets and the secrets.

Article 33rd administrative law enforcement personnel engaged in law enforcement activities, should be neat, and sweet and a dignified, civilized language, polite manner.

    Administrative law enforcement personnel in law enforcement activities, vulgar, discriminatory, insulting and threatening language shall be used.

Article 34th administrative law enforcement personnel engaged in law enforcement activities, unity uniforms, uniforms without uniforms, clothing should be clean, dignified and decent.

    Administrative law enforcement personnel shall not lend, rent or sale of uniforms; non-administrative enforcement activities may not be uniform access to entertainment.

    35th administrative law enforcement personnel shall conduct during the law enforcement process, without drinking, playfulness, gambling behavior.

Article 36th when administrative law enforcement investigation, it should be comprehensive, objective, impartial and timely.

    Administrative law enforcement personnel shall not to cajole, fraud, coercion, violence or other improper means to collect evidence, or forge, conceal evidence.

37th when correcting violations of administrative law enforcement personnel shall adhere to the principle of combining punishment with education, the implementation of reasoning-style law enforcement.

Administrative law enforcement personnel shall regulate the exercise of the administrative law enforcement discretion, equal treatment of administrative relative person, without bias and discrimination.

    Administrative law enforcement personnel before making administrative enforcement, administrative penalty decision, and shall inform the parties of facts, reasons and basis and shall inform the Parties shall have the right to be heard and the right to be heard, the right to apply for withdrawal, the right to apply for a hearing and the right to relief.

38th administrative law enforcement personnel shall prohibit the following acts:

(A) abuse of power, ultra vires law enforcement;

(B) rough and brutal law enforcement;

(C) a denial of Justice, arbitrary enforcement;

(D) the excuse delays and inefficient;

    (E) to eat, abusing power for personal gain.

    Sixth chapter law enforcement and supervision

39th executive law enforcement officials should consciously accept the supervision organs, government legislative bodies or by the administrative supervision according to law, law enforcement agencies, as well as the supervision of citizens, legal persons or other organizations.

    Administrative supervision shall be established by law enforcement agencies and to the public, citizens, legal persons or other organizations for administrative law enforcement supervision.

    40th law enforcement agencies shall establish and improve the supervision system of administrative law enforcement officer in the execution of laws, rules and regulations, discipline and supervise. 41st citizens, legal persons or other organizations against illegal violations of administrative law enforcement personnel has the right to report to the relevant State organs.

Accept reporting authorities shall promptly investigate, and told prosecutors the investigation results.

    According to law in the prosecution of a citizen, legal person or other organization, no unit or individual shall suppress, and retaliation.

    The seventh chapter legal liability

42nd? administrative law enforcement personnel have one of the following circumstances, legal or administrative law enforcement by the Government agencies to withhold their law enforcement certificates:

(A) annual examination grades to be incompetent;

(B) fails to participate in law enforcement training or training is not qualified;

(C) being altered or enforcement of law enforcement certificates certificate lent to others;

(D) lend, lease or sale of uniforms, non-uniform access to entertainment, in the activities of administrative enforcement;

(E) administrative law enforcement personnel in the administrative law enforcement, use of vulgar, discriminatory, insulting and threatening language.

(F) the administrative acts of administrative enforcement of law enforcement personnel are not standardized;

    (VII) administrative law enforcement personnel using unfair means to investigate and collect evidence.

Article 43rd withholding enforcement license term for 30th, suspended during the administration of administrative law enforcement personnel shall not engage in law enforcement activities.

    Withholding of administrative law enforcement personnel shall participate in post training of law enforcement certificates, after passing the examination, return of law enforcement certificates.

44th administrative law enforcement personnel shall have any of the following circumstances, the cancellation of the law enforcement agency shall be submitted to the Government Legal Office Executive law enforcement qualifications, revocation of law enforcement certificates:

(A) subject to criminal penalty, reeducation through labor or expelled;

(B) the administrative law enforcement is not as or as, causing serious consequences;

(C) in the course of administrative law enforcement brutality, abuse assault administrative relative person, resulting in serious injuries;

(D) used his position of power for personal gains and bending, a bad influence;

(V) violate the law abuse, it tube which penalty, resulting in serious consequences.

(F) obtained through fraud, bribery or other improper means of law enforcement certificates;

   
(VII) the withholding of law enforcement certificates more than 2 times or for 2 consecutive years in the annual assessment such as incompetent.

45th refuses to accept the administrative law enforcement personnel to withhold permits, May 30th from the date of receipt of the decision, the Government made the decision on the legal or administrative agencies to apply for a review.

Administrative law enforcement personnel, revoking their eligibility for cancellation of administrative enforcement of law enforcement certificates is dissatisfied, he can receive a decision within 30th of, government legal agencies made the decision on the application for revision.

Government legal agencies or administrative law enforcement agencies shall review the applications received within 30th of review decisions, and notify the applicant in writing.

    During the review, did not stop the implementation of the original decision.

    46th administrative law enforcement personnel shall be temporarily suspended enforcement certificates, cancellation of certificates of qualification, revocation of administrative law enforcement law enforcement, administrative law-enforcement agencies should be publicized through the city's administrative law enforcement personnel information management system.

    47th in administrative law enforcement in administrative law enforcement, illegal or discipline, the relevant authorities shall be subject to punishment; a suspected crime, transferred to judicial organs for handling.

    48th administrative people obstruct, interfere with administrative law enforcement personnel shall carry out their duties, violating the administration of public security, the public security organs shall be subject to punishment; a suspected crime, transferred to judicial organs for handling.

    The eighth chapter supplementary articles 49th these measures come into force on April 1, 2012. On October 10, 1997, Chongqing Municipal People's Government announced the measures for Administration of law enforcement certificates (Chongqing Municipal People's Government, the 2nd) repealed simultaneously.