Zhengzhou City Administration Supervision Measures For The Implementation Of

Original Language Title: 郑州市依法行政监督实施办法

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Zhengzhou city administration supervision measures for the implementation of

    (December 31, 2009, Zhengzhou city people's Government, the 17th Executive meeting on February 1, 2010 released Zhengzhou municipal people's Government, the 187th come into force on April 1, 2010) Chapter I General provisions

    First to strengthen the administrative supervision according to law, speed up the process of the construction of legal Government, according to the relevant laws and regulations and the implementation outline for the holistic promotion of administration by law of the State Council and the decision of the State Council concerning strengthening the administration by law of city and County Government, as well as the relevant provisions of the provincial government, combined with the municipality, these measures are formulated.

    Article referred to administrative supervision according to law, refers to the higher levels of Government to lower levels of Government, government departments push forward administration by law of the appraisal and supervision and inspection activities.

    Third, administrative authorities shall, in accordance with this regulation, the implementation of administrative supervision according to law.

    City, County (city, district) people's Government on the vertical management departments of administration supervision of the application of this approach.

    Fourth municipal people's Government led to the city's administrative work according to law, and municipal government departments and the County (city, district) people's Governments monitoring implementation of administrative work according to law.

    The County (city, district) shall exercise leadership in the County (city, district) administrative work according to law, and County (city, district) people's Government departments and the township (town) people's Governments monitoring implementation of administrative work according to law.

    City, County (city, district) people's Government departments lead the Department's administrative work according to law and their institutions, the next level the Administration urged to guide the work of the Department.

    Article fifth administrative accountability, city and County (city, district) people's Governments and their departments in charge of administration according to law is the first person responsible.

    The sixth city, County (city, district) people's Government legal agencies specific administrative supervision according to law and shall perform the following duties:

    (A) is responsible for the establishment and implementation of the system of administrative supervision according to law;

    (B) is responsible for administrative supervision according to law and organize the implementation of the programme;

    (C) is responsible for organizing administrative appraisal;

    (Iv) is responsible for the supervision of exchange of guidance, supervision and administration according to law;

    (E) coordination of relevant departments or agencies do administrative supervision according to law;

    (F) the laws, rules and regulations and the State Council, provincial and municipal people's Government assigned other duties.

    City surveillance, social, financial, programming and other departments, shall, within the statutory terms of reference, joint administrative supervision according to law.

    Chapter II supervision and content

    Seventh administrative supervision according to law the main supervision and administration of organization and leadership, according to a scientific and democratic decision-making and regulatory documents management, to implement the responsibility system for administrative law enforcement supervision, perform their duties according to law, to implement the review functions and sound administration in responding mechanism, implementation matters such as government information publicity system.

    Article eighth led the primary oversight of the administration of the following:

    (A) implementation of the administrative-organizational leadership and leadership duties according to law;

    (B) the Administration five-year plan, annual work plan and implementation supervision;

    (C) the Administration statistics, the establishment and implementation of reporting system;

    (D) law of leading cadres, the executive staff, administrative law enforcement knowledge training and administration according to law;

    (E) administrative law setting qualification and management, administrative law enforcement personnel;

    (Vi) annual evaluation of administration by law into the annual responsibility system, law enforcement of internal assessment, accountability for administrative work according to law.

    Nineth lawfully monitoring major scientific and democratic decision, the following:

    (A) the major administrative decision-making mechanisms;

    (B) in the context of statutory authority exercising the right to executive decision;

    (C) the major administrative decision making system of listening, hearing, legality of censorship, collective decisions, post implementation evaluation implementation of the system;

    (D) the major administrative decision-making responsibility the establishment and implementation of the system.

    Tenth monitoring key regulatory documents regulatory the following matters:

    (A) the development of normative documents conform to the statutory authority and the legality of the program, content appropriate;

    (B) normative documents are submitted in accordance with the provisions established by filing, strict review record file, whether citizens, legal persons or other organizations to submit regulatory documents review of the proposed system;

    (C) the establishment and implementation of regulatory documents periodic cleaning system.

    11th implementation of responsibility system of administrative enforcement of the primary oversight of the following matters:

    (A) administrative law enforcement according to Combs, cleaning on a regular basis, new laws, rules, regulations, publicity, right before the application has been modified, or has been repealed, the legal basis of the failure of the phenomenon;

    (B) to break down administrative law enforcement power, there are no allowed to increase or expand the Department administrative law enforcement power;

    (C) determine the administrative law enforcement responsibility, different departments and agencies, job specific enforcement responsibility of law enforcement officials, there are no ambiguous, illegal or inappropriate administrative actions has not been held accountable;

    (D) to confirm the subject of administrative law enforcement and administrative law enforcement personnel qualifications, all administrative law enforcement entity institutions, Constitution and administrative law enforcement qualifications in administrative law enforcement activities;

    (E) establishment and implementation of the administrative procedure, filing a case, evasion, investigations, hearings, decisions, and other procedures to improve service, there is no violation of procedure or abuse;

    (Vi) administrative law enforcement files comments looks up the situation, there is no administrative law enforcement is not uniform and irregular phenomenon;

    (VII) implementation of responsibility system of administrative enforcement evaluation;

    (H) the administrative disputes of competence established coordination mechanisms and implementation functions, terms of reference cross solved.

    12th shall perform their duties the primary oversight of the following matters:

    (A) within the scope of the statutory authority, is not ultra vires administrative and arbitrary addition of citizens, legal persons and other organizations or harm, infringe, restrict the rights of citizens, legal persons and other organizations;

    (B) strict compliance with statutory duties, and to investigate and punish and correct the violations, are there when administrative acts, acts, which infringe upon the public interests and private interests and lead to administrative chaos effect, cause significant social phenomenon;

    (C) construction of credibility, there is no violation of revoke or alter administrative decision and the entry into force according to law withdrawn, effective administrative decisions and change without prescribed compensation, compensation; (Four) sector internal perform duties supervision constraints mechanism established and the implementation situation, whether established, and implementation specification administrative punishment, and administrative license CD volume right of related system, whether established sound specific administrative behavior legal audit system, and administrative law enforcement complaints reported accepted investigation mechanism, has no illegal punishment, and illegal license of phenomenon, has no without legal audit made specific administrative behavior phenomenon, has no specific administrative behavior was administrative reconsideration organ and people Court revoked, and change or was ordered deadline made specific administrative behavior of phenomenon,

    No prevarication, perfunctory, refused to investigate and deal with complaints and combat,, framed or disguised attack, retaliation, retaliation against whistle-blowers.

    Article 13th administrative review function and monitoring major work mechanism of sound administration in responding to the following matters:

    (A) fulfil administrative review function and sound administration in responding mechanism of relevant work system development;

    (B) to strictly fulfill the duties of administrative review, with or without the reception will not be accepted, the review does not review, the decision not to decide;

    (C) pilot work on relatively centralizing the power of administrative reconsideration;

    (D) participation in the administrative reconsideration and administrative litigation, has refused to free the respondent, refused to participate in the review, refuses to give evidence;

    (E) proactive administrative reconsideration decision, the entry into force of the administrative decision, there is no refusal to implement an administrative reconsideration decision, the entry into force of the administrative decision;

    (F) main charge in accordance with the provisions of administrative reconsideration and administrative litigation cases appear in court and sit in on the proceedings.

    Main article 14th Government information publicity system overseeing the preparation and update the list of the information disclosed, perfect public carriers of information, significant public interest disclosures, according to citizens ' legal persons and other organizations for public information, administrative law enforcement to disclose the terms, this law enforcement based on law enforcement law enforcement procedures and working processes, law enforcement officials, the basic information, such as the public.

    15th at a higher level people's Governments in administration according to law by lower level people's Governments should also monitor the following:

    (A) set up institutions, defining functions and streamlining administration;

    (B) promoting the reform of administrative examination and approval system;

    (C) deepening the reform of administrative law enforcement to carry out relative-centralized administrative punishment right, comprehensive power of relatively concentrated administrative licensing and enforcement;

    (D) administrative enforcement of financial security requirements;

    (E) establishment and implementation of the system of executive compensation, Executive compensation.

    Chapter III supervision and procedures

    16th city, County (city, district) people's Governments and their departments shall establish statistics system of administration by law, collect, master based on capacity-building and work of administration by law, and carried out the administrative work according to law to carry out research and analysis.

    17th administrative supervision according to law can undertake comprehensive inspections, Special Inspector, ad hoc surveys, review of administrative work according to law reports and other means.

    Major deployments of the subordinate administrative organs in accordance with the administrative implementation, important work completed, major issues to handle the implementation of special inspectors; major appears in the administration according to law and administrative enforcement is not as, as, as implementation of ad hoc surveys which; administration year evaluation and periodic assessment of the work of investigation, implement a comprehensive inspection.

    18th article according to the provisions of the Municipal Government to lower levels of Government and municipal sectors, evaluating and supervising the implementation of the laws, regulations and rules.

    The 19th bar according to the needs of administrative supervision according to law, city and County (city, district) people's Government legal agencies, city and County (city, district) people's Government departments legal institutions and the vertical management departments below the provincial legal organization, should make recommendations for comprehensive inspections, Special Inspector, ad hoc surveys, after approval by the level of Government or the sector mainly responsible organization. 20th on administration of comprehensive check, Special Inspector, ad hoc surveys or inspectorate shall form the unit.

    Inspection Unit or head of the Inspectorate imposed responsibility. Inspection Unit, Inspectorate can be heard reporting, access to the relevant law enforcement files and documents, held seminars, surveys ask and scene information, ascertaining the facts.

    Shall cooperate with the relevant units, and truthfully explaining the situation, providing related materials relevant entities and persons shall be subject to investigations, inquiries, provide truthful information.

    21st end of the inspection, inspectors, inspection unit, Inspectorate shall report to the Agency, submitted to the inspection or investigation reports, to identify where responsibility should be made of the problems and making recommendations.

    Inspection Unit, Inspectorate of problems found in the inspection, inspectors, shall immediately make recommendations for improvement to the relevant mainland authorities. 22nd sent Inspection Unit, Inspectorate body shall verify the report of the inspection or investigation, a timely decision.

    Investigation team's recommendations on problems found, beyond the authorities permission, sent Inspection Unit, Inspectorate authorities shall study review, or submitted to the authority to determine the transfer involving the Executive and staff should make recommendations to the supervisory authority of competent jurisdiction.

    Results need to be released or feedback from the Parties shall promptly publish or feedback.

    23rd authorities needed power to inferior authorities for matters relating to supervision or direct supervision of matters to be supervised by the subordinate organs when necessary, superior oversight matters in different places can also be assigned or deployed personnel involved in handling. 24th of municipal and County (city, district) people's Government at the end of each year to report on the administration of Government, and to report to the national people's Congress at the same level.

    City, County (city, district) people's Government departments should report to the Government at the same level at the end of each year in accordance with administrative work. Administration according to law should include a report on the work in the region and push forward administration by law in this sector's progress, access to the main performance, existing problems and future working arrangements.

    Before the report, shall be approved by the municipal or County (city, district) people's Government and the collective decision of the Department head.

    Submit to the city and County (city, district) administration of the people's Government work report, accepted by the Government legal organization on behalf of the Government at the same level, review.

    The fourth chapter evaluation

    25th annual appraisal of the establishment of administration according to law.

    City, County (city, district) people's Government Administration evaluation programme should be established scientifically quantified targets have been set, rational evaluation score, evaluation results are credited directly to the annual responsibility assessment conclusions, and copied to peer organizations, people and social sector, linked to the cadre appointment, award punishment and belonging to the vertical management departments, examination and appraisal results copied to the competent Department.

    Push forward administration by law effectiveness of outstanding units and individuals, by the city and County (city, district) people's Government in accordance with the relevant regulations, recognize and reward.

    26th administration evaluation the main administrative organs in accordance with legal competence and the procedure for exercising their powers and performing their duties as the point of reference, focusing on content of the examination provided for in chapter II of this approach.

    Administering social commentary, social survey institution commissioned; conditional and can be used by the relevant government departments to implement the same level.

    27th article administration evaluation results-excellent, good, qualified and non-qualified order, specific evaluation rules and standards developed separately by the municipal people's Government.

    Any of the following circumstances, administration appraisal as substandard grades:

    (A) for administrative decision making serious mistakes, resulting in heavy losses or bad influence, or normative document content is illegal or inappropriate resulting in serious consequences, caused mass incidents;

    (B) the specific administrative act unlawful, improper or omission of major accidents, events, cases, serious damage to the legitimate rights and interests of citizens, legal persons and other organizations, resulting in heavy losses or adverse effects, or large group event is raised;

    (C) administrative work without arrangements and supervision according to law, did not complete the annual task of administration according to law;

    (D) the Administration appraisal did not include examination of annual objectives;

    (E) inadequate implementation of responsibility system of administrative enforcement of law enforcement positions and responsibility is not fulfilled;

    (F) refuses to perform the administrative duty of responding, or refusing to carry out effective administrative judgments or orders of the Court;

    (VII) administrative reconsideration decision refusing to comply with the administrative reconsideration organ;

    (H) matters related to administrative enforcement decisions refusing to execute municipal people's Government, or refusal to accept supervision and inspection or examination of administrative enforcement;

    (IX) other circumstances be determined to be ineligible.

    28th administrative examination and appraisal results shall be made public according to law, and to the public in an appropriate manner.

    The fifth chapter liability

    29th under any of the following circumstances, by the city and County (city, district) shall give notice of criticism, correction is in serious cases, by the competent administrative authorities or the supervisory organs of the main responsible shall be given administrative sanctions:

    (A) administrative omission or acts leading to administrative order;

    (B) non-qualified persons or bodies of administrative law enforcement in administrative law enforcement activities;

    (C) administrative complaints and supervision and inspection problems not found in investigations in a timely manner;

    (D) the administrative complaint to attack, retaliation, framed or disguised attack, retaliation, frame-up;

    (E) officers shall not be held responsible should be held accountable according to law.

    Any of the provisions of the second paragraph of this article 27th circumstances, in accordance with the provisions of the preceding paragraph.

    30th article of major executive decisions in the following circumstances, in accordance with the regulations on the punishment of civil servants of administrative organs article 19th of (a) provides that persons who are leaders in civil service administrative sanctions:

    (A) the hearing and not hearing;

    (B) without the review or the review of legitimacy not legal decisions;

    (C) the discussion should be decided collectively and not collective decision-making.

    Decisions should be made according to law and not make decisions, neglect of duty, delaying the work, in accordance with the regulations on the punishment of civil servants of administrative organs 20th of the rules, the directly responsible shall be given administrative sanctions.

    31st lower administrative authority does not perform any administrative organs in accordance with the decision of administrative supervision, the higher administrative authority shall order the Executive who refuses to perform, and by a higher administrative authority or the supervisory organs of the main charge in accordance with the regulations on the punishment of civil servants of administrative organs article 19th of (b) provisions shall be given administrative sanctions.

    Article 32nd should pursue other administrative law enforcement responsibility, in accordance with the regulations on administrative law enforcement, Henan province and the Henan province the trial procedures for assigning responsibility of enforcing the relevant provisions.

    33rd administration appraisal result of substandard grades, shall participate in the Executive of the year award award; mainly responsible and competent head of a year-end review, then not as good grades, cancel the selection of all kinds of advanced qualifications. Administration officials be held accountable according to law or administrative law enforcement responsibility, shall participate in the selection of all kinds of administrative awards that year.

    Were given a warning over an administrative sanction, in that year's annual review, in accordance with the civil service examination (for trial implementation), tenth before Nineth and provisions at the 25th being investigated for according to law or administrative law enforcement responsibility in other ways, not as good grades. 34th article County (city, and district) Government and sector continuous two years in law administrative comments assessment in the was evaluation for not qualified Melchizedek or ranked last a name, or not perform on law administrative of led duties, and led to this county (city, and district) this sector a years within occurred three up above serious illegal administrative case, and caused serious social effect of, by City Government on the County (city, and district) Government and sector of main head for informed criticism, and law held County (city, and

    District) people's Governments and their departments in charge of the corresponding responsibility.

    35th under any of the provisions of this approach need to be held accountable, in accordance with the provisional regulations on accountability for party and Government leading cadres under the accountability, according to the cadre management authority in accordance with the relevant leaders accountable.

    36th article of liability under this chapter, except outside imposed by all levels of Government, by monitoring, human societies, government departments such as the legal system in accordance with the Division of responsibilities to implement.

    The sixth chapter supplementary articles

    The 37th national and provincial provisions of administrative supervision according to law, to apply its provisions.

    38th article of the approach to the city and County (city, district) Regulations of the people's Government Department, authorized by the applicable laws and regulations to administer public affairs functions of the organization. 39th these measures shall come into force on April 1, 2010.

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