(Adopted at the 44th ordinary meeting of the Eleventh People's Government, held on 7 January 2011, by Decree No. 252 of 20 January 2011, to be issued effective 20 February 2011)

Chapter I General

Article 1, in order to enable the executive branch to exercise administrative discretion, in accordance with the law and in a manner consistent with the law, the right to social justice, to protect the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this approach in the light of the relevant laws, regulations and regulations.

Article II refers to the executive discretion described in this approach, which refers to the right of the executive branch to decide freely to deal with administrative matters, in accordance with the conditions, types and scope set out in the laws, regulations and other normative documents, within the framework of its statutory responsibilities.

Article 3 governs the exercise of administrative discretion by the executive organs in the administrative area of my province and should be in compliance with this approach.

The law, legislation and regulations provide otherwise for the exercise of administrative discretion.

Article IV exercises executive discretion and should be guided by the principles of law, equity, justice, openness and efficiency.

Article 5 should govern administrative discretion, including control of source, setting benchmarks, improving procedures and issuing cases.

Article 6. Provincial, municipal, district (at the district level, district, subpara.

The provincial, municipal and district government rule of law sector is specifically responsible for organizing, guiding, coordinating and overseeing normative administrative discretion in the current administration. The inspectorate exercises administrative oversight in accordance with the law on the exercise of administrative discretion.

The provincial and municipal government-owned sectors should strengthen guidance on the normative work of the lower-level government. The executive organs of vertical management should be strengthened with the leadership of the executive branch in regulating administrative discretion.

Chapter II Basic requirements

Article 7 introduces a system of administrative discretion to control the source.

The executive branch shall establish government regulations and normative documents within the statutory competence and shall not include the following matters in the scope of administration:

(i) Citizens, legal persons or other organizations can be resolved autonomously;

(ii) Market mechanisms are able to regulate themselves;

(iii) Industry organizations or intermediaries can resolve through self-regulation;

(iv) Other matters under the law, regulations shall not be included.

Article 8. The executive organs shall, within their statutory competence, draft local legislation, establish government regulations and normative documents, make reasonable administrative measures such as administrative sanctions, administrative approval, administrative recognition, administrative inspection, administrative expenses, administrative charges, etc.; and, in the case of unwarranted administrative measures, the administrative organs shall be clean-up in accordance with the legislative authority, deadlines and procedures, and shall be amended or repealed in a timely manner.

Article 9. The executive body shall, within the statutory competence, draft local legislation, establish government regulations and normative documents, make specific and clear provisions on the subject, conditions, types, scales, etc. of executive power.

Article 10 imposes a system of administrative discretion.

The executive branch shall exercise administrative discretion in compliance with the following rules:

(i) In conformity with the legal purposes;

(ii) Fair and equal treatment of citizens, legal persons or other organizations;

(iii) Exclusion of interference with non-relevant factors;

(iv) To achieve administrative purposes in a variety of ways by law, it should be chosen to minimize the harm to the rights and interests of the parties and not to be balanced with the legal interests protected;

(v) The decision to deal with the same administrative matters should be the same as previous decisions under the law, in addition to the legal basis and objective changes.

Article 11 introduces an administrative discretion-building system.

The exercise of administrative discretion by the executive branch should be governed by procedural provisions such as laws, regulations and regulations relating to circumventation, public notification, hearing, duration and justification.

The executive organs should establish sound procedures for the implementation of administrative acts, which should be clearly accepted, investigated, reviewed and decided. The implementation of major administrative acts should be determined by a collective discussion among the executive heads.

Article 12 introduces a benchmarking system for administrative discretion.

The provincial, municipal and territorial Government's rule of law sector should organize the quantification and dedicatement of the executive organs exercising administrative discretion within the current administrative area, legislation, regulations and normative documents, as well as benchmarking.

The executive branch should develop a baseline for administrative discretion, taking into account the same parameters of administrative discretion established by the superior administration.

The development of administrative discretion benchmarks applies to normative documentation management.

Article 13 introduces a system of guidance on administrative discretion cases.

The typical case was issued regularly by provincial, municipal and district governments to guide the executive branch to exercise administrative discretion. A typical case should comply with the public information provisions.

The same administrative matters should be dealt with by the executive branch, in addition to legal and objective changes, taking into account the typical cases issued by the Government.

Article 14. Administrative acts that are directly related to the daily lives and production of citizens, legal persons and other social organizations may be carried out by executive organs at the municipal, district level.

In addition to legal, regulatory and regulatory matters that cannot be delegated, the executive branch of the superior administration is responsible for administrative acts that may be carried out by the executive branch of the parent administration.

Article 15. The executive organs shall exercise administrative discretion, in addition to complying with the rules set out in this chapter, and shall also comply with the applicable rules of administrative sanctions, administrative approval, administrative recognition, administrative inspection, administrative charges, administrative payments, administrative awards, administrative awards and administrative incentives.

Chapter III Administrative penalties

Article 16 shall take preventive measures, such as information, reminders, recommendations and guidance, to prevent violations committed by citizens, legal persons or other organizations.

The executive branch shall not take undue means to collect evidence, such as inducement, fraud, coercion, violence, and therefore impose administrative sanctions on citizens, legal persons or other organizations.

Article 17 should take prompt measures to correct violations and to refrain from pre-empting violations, and to impose administrative sanctions upon them as a result of the fact that they are in breach of the law, and to refrain from continuing to commit an offence as a result of administrative sanctions.

Article 18 relative to the administration of justice is a violation of the different laws, regulations and regulations imposed by an administrative body, and administrative penalties are not consolidated for the same type of administrative penalties.

Article 19, the extent of fines imposed by the city, the territorial Government, in accordance with the laws, regulations and regulations, may make a decision under the law to limit the amount of the fine. However, except for violations involving national security, public safety, physical health, life property security and environmental protection.

The decision to control the maximum penalty applies to the relevant provisions for the development of normative documents.

Chapter IV Administrative approval

Article 20, the work sector of the provincial, municipal and district governments should prepare a directory of administrative licence approval projects and non-licensor administrative approval projects, and be made public to society.

The executive branch shall not continue to implement or adapt to the administrative approval projects already cancelled.

Article 21 Relevant work sectors, municipalities and district governments should innovative administrative approval mechanisms for the implementation of harmonized administrative approval, joint processing and centralization through, inter alia, “one-stop approval” and e-government.

Article 22 provides for non-administrative approval by the executive branch and shall be subject to approval by means of solicitation, auctions, examinations, vouchers, etc., as set out in the National People's Republic of China's administrative licence law.

Article 23 Departments of work of provincial, municipal and district governments should be reasonably compressed and administrative approval deadlines provided for in the laws, regulations and regulations should be improved.

Article 24 provides that the conditions for administrative approval are clearly defined and that the administrative organs shall not be subject to additional conditions; there is no explicit provision that the administrative organs shall determine the conditions and make them public.

Article 25. The executive organs shall not require the applicant to receive brokering services without legal, regulatory and regulatory basis; legal, regulatory and regulatory provisions require brokering services and the administrative organs shall not designate brokering services.

Chapter V Administrative recognition

Article 26, which states administrative recognition, refers to specific administrative acts determined and endorsed by the executive organs in accordance with the law on the legal status of citizens, legal persons or other organizations, legal relations, legal facts.

(i) The right to ownership and use of natural resources, the right to housing and the right to patent, the right to trade;

(ii) Evidence of matters such as education, degree, resident status and origin of goods;

(iii) Registration of family, marriage and other matters;

(iv) Determination of matters such as accident responsibility, work injury;

(v) Certification of matters such as product quality;

(vi) Other administrative confirmations provided for in laws, regulations and regulations.

Article 27 recognizes the legal status, legal relations and legal facts and the content, form and manner in which the instruments of recognition should be in conformity with the relevant provisions of the law, regulations and regulations; and shall not apply administrative recognition to violations, false legal status, legal relations and legal facts.

Article 28 of the executive body implements administrative recognition that the applicant's application material should be reviewed.

The applicant's submissions are fully and in accordance with the statutory form, and the executive organs shall make written decisions within the statutory period.

In accordance with statutory conditions and procedures, verification of the substance of the application is required by the executive branch.

Article 29 examines and verifys the application for administrative recognition by the executive body, which should be informed of the important interest of the administrative recognition matters directly.

The applicant, the stakeholder have the right to make a presentation and the defence.

Article 31 stipulates that the applicant who has administrative recognition must be personally at the site and that the executive body should verify the applicant's identity at the time; the applicant has not been personally present, and that the applicant has not been able to carry out administrative recognition and has been nullified.

Chapter VI

Article 31, Priorities for administrative enforcement, non-administrative measures should be taken. The introduction of non-administrative coercive measures can achieve administrative purposes without administrative measures.

Article 32 imposes administrative coercive measures by the executive branch, and it is generally not possible to decide on items that are not in a position to defuse, democratize, etc.

The administration should be kept in good custody for the seizure, seizure and freezing of property. In the event of the inviolability of property damage, the administrative body should be liable under the law.

The administrative organs should, after carrying out the administrative coercive measures that are sealed, seized and frozen, determine the facts in a timely manner and take decisions within the statutory period.

Article 33 imposes administrative coercive measures by the executive branch in accordance with the law and shall be preceded by a reminder in writing that the parties have fulfilled their administrative decisions within the specified period and no administrative coercive measures are implemented.

Article 34 of the executive branch provides administrative measures for the payment of money under the law, the parties are overdue and the administrative organs are punishable under the law or the amount of the lagium, and shall not exceed the amount paid by the parties.

Article XV implements administrative enforcement, and the executive branch may, without prejudice to the interests of the State, the public interest and the interests of others, enter into compliance with the law.

Chapter VII Administrative inspection

Article 36 shall control and regulate general administrative inspections of citizens, legal persons or other organizations.

The executive body should strengthen administrative inspections on important and special matters, such as national security, public safety, hygiene, life property security, environmental protection.

Article 37 should determine the scope and cycle of administrative inspections reasonably.

In addition to administrative inspections of important and special matters, such as national security, public safety, personal health, life property security, environmental protection, the provincial, municipal and district governments, the executive inspection plans should be developed at the beginning of each year and sent back to the Government's rule of law sector.

Article 39 is subject to a general administrative inspection of the same unit carried out by more than two Government work departments, with a joint inspection led by a working sector.

The same work department of the different levels of government conducts administrative inspections of the same unit on the same matter, which should be checked by a working department or jointly organized by the work sector of the parent government.

Administrative inspections are carried out by multiple in-house institutions and subordinate agencies in the work sector, and an integrated inspection should be conducted under the leadership of the organization in this sector.

Article 40 provides that the administrative body conducts regular inspections of administrative licence documents and other supporting documents in accordance with the law and that the period of spacing the test is not clearly specified and that its interval shall not be less than five years.

Article 40. The executive body shall test essential equipment, facilities and facilities that directly relate to public safety, hygiene, life and property security, in accordance with the provisions of the law, administrative regulations.

The duration of the regular test is not clearly specified by law, administrative regulations, and the relevant administrative bodies should determine the duration of the regular test in accordance with the objective attributes and security requirements of equipment, facilities and be made public.

Chapter VIII

Article 42 should gradually reduce administrative fees. No unauthorized establishment shall be permitted without the approval of the law.

Article 43 thirteenth provides for new administrative charges and for raising administrative expenses, which should be subject to the competence and procedures set forth in the relevant laws, regulations and regulations and to holding hearings.

Article 44 shall not assign administrative services within the scope of responsibility to other units or individuals for service charges in the name of paid services.

Administrative authorities are prohibited from using industry associations, intermediaries to carry out service charges for their functions.

Chapter IX

Article 42, which refers to administrative payments, means that the executive branch provides material benefits to eligible applicants in accordance with the law or gives them rights and interests related to the material interest, including relief, assistance, subsidies, poverty reduction, preference, pensions, etc.

Article 46 provides administrative payments to the executive branch and shall be made publicly applicable to society.

Article 47 should organize an investigation into the applicant's situation and, if necessary, a hearing may be held.

The executive body should make the proposed administrative presentation to the target.

The executive organs decide not to pay the applicant's administration and should fully listen to the applicant's views and explain the reasons.

Article 48 responds to emergencies and other emergencies, the executive branch may take a simple process to make timely administrative payments decisions. However, the executive organs that make decisions to pay should be made public to the society after the cessation of the incident and other emergencies.

Article 49 should be reviewed periodically by the executive branch on the implementation of administrative payments. The review confirmed that the administration was unreasonable and should be adjusted in due course.

Chapter X Administrative incentives

Article 50 imposes administrative incentives by the executive branch and is guided by the principle of equal treatment and incentives and contributions.

Article 50 states that administrative organs shall make the basis, conditions, scope and criteria for administrative incentives available to society.

The conditions, scope and criteria for administrative incentives are not clear, and are explicitly and published by the executive body.

Article 52 shall establish an evaluation committee to evaluate units or individuals who are to be awarded.

In addition to the question of State secrets, commercial secrets, personal privacy and potential adverse effects on the parties, the executive branch should, within the appropriate context, make the list and the monuments to be rewarded, listen to views and make the results available to society.

Article 54 imposes administrative incentives and their staff and shall not be charged to the recipients or distributors.

Chapter XI Oversight

Article 55 citizens, legal persons or other organizations consider that administrative organs are in conflict with the administrative discretion and can lodge complaints, reports to the supervisory branch, the rule of law and the superior administration.

Complaints and reports should be investigated by the executive branch and, in accordance with its mandate, within 60 days of the date of receipt, and inform the complainant, the reporting person.

Article 56 found that the exercise of administrative discretion in violation of public interests or the legitimate rights of others should be carried out by the executive branch and corrected in a timely manner.

The provincial, municipal and district authorities' rule of law authorities should send a letter of administrative law enforcement oversight to the organs exercising administrative discretion to put an end to implementation, deadlines change. The executive body that has received the letter of administrative law enforcement oversight shall, within 20 days, communicate the results to the Government's rule of law.

Article 57 rejects the abuse of administrative discretion by the executive branch and, in accordance with the relevant provisions of the hierarchy of oversight, is subject to a decision of the supervisory authority to impose an order, withdraw, act or corrections, to confirm the treatment of administrative discretion in violation of the law.

Article 58 imposes a decision to perform administrative discretion, to bring an order to an end or to a correction to the administrative discretion and to confirm the decision to exercise administrative discretion in violation of the law.

Article 59 exercises administrative discretion and, in one of the following cases, should be withdrawn:

(i) Existence and abuse of authority;

(ii) Violations of statutory procedures;

(iii) Serious violations of the provisions of this approach to the exercise of the principle of administrative discretion;

(iv) No application of the administrative discretion benchmark;

(v) Other violations of laws, regulations and regulations and the provisions of this approach.

Article sixtieth quantification of administrative discretion is determined by the rule of law of the current Government or by the superior administrative body.

The administrative discretion was partially withdrawn and other parts remained in force, although the partial withdrawal of administrative discretion was not established and should be completely removed.

The administrative discretion had been revoked and the administrative discretion had been nullified.

Removal of administrative adjudication shall be compensated by law for damages to citizens, legal persons or other organizations.

Article 63/, Administrative organs exercising administrative discretion and their staff, one of the following cases, are administratively disposed of by their superior administrative authorities or units:

(i) The administrative discretion was cancelled;

(ii) No benchmark for administrative discretion;

(iii) Other grave breaches of this approach.

Chapter XII

Article 62, the organization authorized by the law, the organization authorized by the statute and the organization entrusted under the law exercises administrative discretion and applies the provisions of this approach to the administration.

Article 63 is implemented since 20 February 2011.