Implementation Measures For The Administrative Law Enforcement Responsibility System In Guiyang City

Original Language Title: 贵阳市行政执法责任制实施办法

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Implementation measures for the administrative law enforcement responsibility system in Guiyang City

    (June 7, 2010 Executive meeting of the Guiyang municipal people's Government on June 25, 2010, Guiyang municipal people's Government to the 13th release since September 1, 2010) article to strengthen the enforcement of administrative work and improve the level of law enforcement, the implementation of responsibility system of administrative law enforcement, promoting administration according to law, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second this approach applies to the municipal administrative organs and their staff at all levels.

    Article III responsibility system for administrative law enforcement in these measures refers to the administrative law enforcement organs to guarantee the correct implementation of laws, statutes, regulations and statutory responsibilities, administrative law enforcement responsibility system. Administrative law enforcement in these measures refers to the administrative law enforcement organs and administrative law enforcement personnel shall exercise the executive powers, carry out administrative duties.

    Including the development of regulatory documents, implementation of administrative license, the administrative punishment and administrative compulsory, administrative reconsideration, administrative expropriation or requisitioning, administrative decisions, administrative confirmations, administrative supervision, administrative payment and other administrative acts.

    Administrative law-enforcement organs mentioned in these measures refers to an administrative law enforcement the right to executive authorities and laws, regulations, administrative law enforcement power in the exercise of delegated rights to manage public affairs organizations, as well as of administrative organs in accordance with the Commission's administrative law enforcement activities and institutions.

    Administrative law enforcement personnel in these measures refers to obtain qualifications for administrative law enforcement in administrative law-enforcement organs at all levels, and assume control of administrative law enforcement staff.

    Fourth administrative law enforcement should follow lawful, reasonable, appropriate, efficient, honest code of honor, rights and responsibilities as a unified principles for the convenience. Fifth of municipal people's Government is responsible for the implementation of the responsibility system for administrative law enforcement in the city.

    District, city or county people's Government responsible for the administrative implementation of the responsibility system of administrative enforcement of law enforcement agencies.

    Administrative law enforcement agencies, Governments at all levels, the rule of law institutions and rule of law institutions responsible for local areas, implementation of the responsibility system for administrative law enforcement in this sector specific guidance, supervision, coordination and evaluation work.

    Personnel in accordance with their respective responsibilities, monitoring, the preparation of Department, responsible for the relevant administrative law enforcement responsibility.

    Sixth administrative law-enforcement agencies are the Executive Heads of the responsibility system of administrative law enforcement responsibility, is responsible for leading the work responsibility system for administrative law enforcement.

    Seventh, administrative law-enforcement organs at all levels should be developed and implemented, the rules of administrative law enforcement responsibility, after the examination by the people's Government at the legal organization.

    Eighth rule of the people's Governments above the county level per year shall be the administrative work of implementing the responsibility system for administrative law enforcement report higher people's Government legal agencies.

    People's Government above the county level administrative organs shall each year the authorities implementing the responsibility system for administrative law enforcement report similar legislative affairs agency and parent departments.

    Nineth municipal people's Government legal agencies should be on the Government departments and the people's Governments above the county level administrative law enforcement responsibility for day-to-day supervision, regular or ad hoc basis to organize inspection activities, to understand and grasp the work responsibility system for administrative law enforcement in a timely manner.

    Tenth legal agencies above the county level people's Government shall, in accordance with laws, regulations, and regulations review and confirm the administrative law-enforcement organs of administrative law enforcement entity, announced by the people's Governments above the county level, and announcements in the media. Of two or more administrative law enforcement organs of the same laws, regulations, should be clearly defined responsibilities, carry out their duties.

    Segregation of duties is uncertain, the legally determined by the people's Government at one of the Chief law enforcement agency for law enforcement.

    11th administrative law enforcement organs should be regularly combing law enforcement based on the content, scope, authority, responsibility for enforcement, stepwise decomposition to law enforcement positions, determined law enforcement responsibilities, and make enforcement procedures flow chart.

    12th administrative establishment of responsibility system of administrative enforcement of law enforcement agencies should include the following:

    (A) statutory authority classified down, posts and responsibilities;

    (B) the organs and internal body, administrative enforcement of administrative law enforcement powers, responsibilities and objectives;

    (C) qualitative and quantitative appraisal and executive law enforcement responsibilities;

    (D) the fault responsibility investigation system of administrative law enforcement;

    (E) the open and public system of administrative law enforcement activities;

    (F) the diligent, independent Commission against corruption and administrative effectiveness of the system of safeguards and complaint;

    (G) knowledge of administrative law enforcement personnel training, evaluation measures and impartial, and civilized law enforcement system;

    (H) the administrative law enforcement instruments used, file management and statistical reporting systems;

    (IX) other relevant administrative law enforcement responsibility. 13th people's Governments above the county level legal and administrative enforcement legal institutions should develop long-term and annual administrative law enforcement personnel training programs, and organizations.

    Administrative law enforcement personnel shall, in accordance with the relevant provisions of the training test made in Guizhou province after the administrative law enforcement certificates, may engage in administrative law enforcement.

    14th people's Governments above the county level shall rule of administrative law enforcement organs of the Agency on the level of Government-owned and their law enforcement officer in the execution of laws, rules and regulations for supervision and inspection, rectify illegal administrative action.

    15th administrative law enforcement organs and the people's Governments above the county level should be the level of Government and normative documents developed in accordance with the regulations of the entity report filing, regular cleaning of normative documents.

    16th administrative law enforcement agencies make a significant decision for administrative penalty according to law for the record. 17th system of administrative law enforcement accountability and compensation for misjudged cases.

    Administrative law enforcement organs and administrative law enforcement personnel shall perform their duties or violation of legal competence and the procedure for the implementation of administrative acts, shall, in accordance with the relevant provisions to hold persons accountable.

    18th administrative law enforcement organs should designate a specific agency, the law enforcement investigations, comments shall be determined in accordance with the laws, regulations and law enforcement responsibilities and accountability. Article 19th administrative enforcement evaluation system.

    Administrative law-enforcement organs of evaluation into management by objectives, conducted once in every year, the people's Governments above the county level working bodies and legislative affairs agency organizing the implementation of management by objectives.

    Evaluation results by target management institutions at all levels and the rule of the people's Governments at the same level approved by the Agency, and at the same time as part of the evaluation of performance of Heads of administrative law enforcement organs.

    Evaluation of administrative law enforcement personnel into the annual performance evaluation.

    20th responsibility system of administrative enforcement evaluation include:

    (A) leadership and organizing the implementation of responsibility system of administrative enforcement cases;

    (B) establish and implement the system of responsibility for administrative enforcement of the relevant circumstances;

    (C) normative documents for the record review;

    (D) the administrative license, the administrative punishment and administrative compulsory, administrative reconsideration, administrative enforcement;

    (E) administrative violations committed by law enforcement officials be investigated for conditions;

    (Vi) the people's Governments above the county level shall determine other needs of the contents of the appraisal.

    21st responsibility system of administrative enforcement evaluation can take the following way:

    (A) hear administrative law enforcement accountability reporting;

    (B) on-site checks, checks or review documents, data files and administrative enforcement;

    (C) the administrative relative person held seminars for comments;

    (D) organize inspection of law enforcement, special investigations and case supervision;

    (E) Executive Heads of law enforcement agencies and law enforcement personnel learning and knowledge tests;

    (F) conducting a questionnaire survey to the community;

    (G) other forms of evaluation.

    The 22nd under any of the following circumstances, the people's Governments above the county level shall give notice of criticism or higher administrative authorities, constitutes an administrative violation, the person directly responsible and other persons directly responsible shall be given administrative punishments, Director of:

    (A) failure to establish and implement the responsibility system of administrative enforcement;

    (B) refuses to accept supervision and inspection and evaluation;

    (C) deception.

    23rd article concerned carry out supervision and inspection, and appraisal of staff, in the work of supervision and inspection, appraisal fraud, malpractice, neglect their duties, constitutes an administrative violation, according to the personnel management authority shall be given administrative sanctions. 24th article this way come into force on September 1, 2010.