Shenzhen Administrative Supervision Regulations

Original Language Title: 深圳市行政监督工作规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Shenzhen administrative supervision regulations

    (September 3, 2009, Shenzhen Municipal People's Government promulgated as of November 1, 2009, No. 208) Chapter I General provisions

    First to standardize the supervision of administrative actions, coordination of administrative supervision, strengthen the constraints on executive power, improving Executive ability to promote administration according to law, and building government governed by law, in accordance with the relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    Provisions of this article apply to this city, municipal and district administration and authorized by laws and regulations to administer public affairs organizations and municipal and district administrative authority delegated organization (hereinafter administrative authorities) and their staff.

    Administrative supervision referred to in the provisions of article III, refers to the subject of administrative supervision according to law within the Government Agency and its principals and other staff of the legality of administrative acts, reasonable, monitor the implementation of the activities, supervision, inspection, and redress.

    Fourth administrative supervision shall include the following main elements:

    (A) administrative organs and their staff to develop normative administrative acts such as file monitor;

    (B) administrative organs and their staff on the implementation of administrative punishments, administrative approval, administrative collection and administrative expropriation, executive pay, administrative confirmations, administrative Awards, administrative decisions, administrative acts on compulsory administrative implement supervision;

    (C) the financial management of administrative organs and their staff and the use of supervision;

    (D) administrative organs and their staff personnel appointment and removal of administrative supervision, internal management;

    (E) administrative organs and their staff of hardworking and clean conduct supervision;

    (Vi) exercise supervision over administrative organs and their staff to other duties.

    Fifth administrative supervision work should follow the law, the principles of fairness, impartiality, openness, combining the introduction and improvement of supervision and inspection work. Sixth administrative supervision should be combined with an external monitor.

    Administrative organs and their staff shall accept the supervision of the party, national people's Congress, the CPPCC's democratic supervision, judicial and social supervision, external supervision.

    Chapter II subject of administrative supervision

    Seventh, shall lead and organize the implementation of the administrative supervision of the city.

    Supervisory organs responsible for the coordination and supervision of internal administrative supervision work, and are responsible for carrying out special supervision responsibilities.

    Finance, prepare, audit and civil service departments and government legal agencies and governmental supervisory agencies exercising oversight functions within the Government bodies (hereinafter referred to as administrative oversight bodies) and other administrative bodies within the scope of their functions, to perform level monitoring, functional supervision or special supervisory responsibilities.

    Eighth-level monitoring includes:

    (A) municipal district people's Government oversight;

    (B) city or district belongs to the executive authorities of the Government of the people's supervision;

    (C) municipal and district administration oversight of subordinate administrative organs;

    (D) the internal supervision of superior to subordinate administrative organs.

    Nineth of municipal and district people's Government, apart from its own discharge level oversight responsibilities, by the Government legal organization, supervision of government agencies and other institutions to fulfil their level of oversight responsibilities.

    The tenth finance, preparation, civil service departments and other agencies on matters within the area of responsibility to carry out functions of supervision according to law.

    Monitor, audit and other special supervision organs should perform their duties according to law, to monitor independently.

    11th supervisory authority shall establish and improve the supervision system, perfect the supervision procedures, perform his supervisory duties, cooperate, carry out internal administrative supervision work.

    12th administrative organs shall establish a sound working system and internal control system, the strengthening of internal oversight, to detect and correct the organs and their staff illegal or improper administrative action.

    13th administrative supervision organ perform administrative supervision of the staff should have its oversight of professional knowledge and ability.

    14th administrative organs and their staff shall exercise administrative supervision, shall comply with the following requirements:

    (A) shall not go beyond the scope of supervision authority or supervision;

    (B) not abuse;

    (C) not used his position for personal gain;

    (D) shall not disclose State secrets, secrets or knowledge of trade secrets, personal privacy arising from the performance of duties;

    (E) oversight or has an interest in oversight matters may affect the relationship between administrative supervision, should be avoided;

    (Vi) administrative supervision according to law shall comply with the other provisions.

    Chapter III administrative oversight coordination mechanism

    15th administrative supervisory organs shall establish contact and coordination mechanisms, integrated monitoring, strengthening administrative oversight.

    Administrative supervisory organs shall establish and improve coordination, communication and cooperation with external oversight mechanisms.

    The 16th joint meeting of the administrative supervision system. Administrative supervision by the supervisory organs of the joint meeting to call, once every six months.

    Emergency or significant matters, subject to the oversight body proposed, interim joint meeting could be convened.

    Study on administrative supervision of the joint administrative supervision on major issues, informed of its work, exchange of information, analysis of dynamics, harmonization of administrative supervision.

    Information copy system of administrative supervision article 17th.

    Administrative oversight body should be important administrative oversight, CC-related administrative supervisory organs in a timely manner.

    18th article refer issues of administrative violation processing systems. Administrative oversight bodies in carrying out supervision work, suspected illegal problem, should be dealt with according to law, need to be transferred to the other administrative oversight organs, shall be transferred in time.

    For violation of the transfer problems, transferred to the sector should be dealt with in a timely manner, no prevarication, and transfer of the results in writing inform departments.

    The 19th joint supervision and inspection system.

    Administrative oversight bodies can carry out joint supervision and inspection found problems of supervision and inspection work, according to their respective functions, and develop solutions and preventive measures.

    Article 20th linkage system of urban administrative oversight bodies.

    Municipal administrative supervisory organs should strengthen guidance to the district administrative administrative oversight of the oversight bodies, sectors administrative supervisory organs shall report regularly to the relevant municipal administrative oversight body in administrative supervision works.

    The supervisory authorities shall cooperate with the municipal executive oversight bodies on the vertical management oversight of the municipal administrative organs of local agencies, local issues appear institutions shall promptly report to the municipal administrative oversight bodies.

    Article 21st people's congresses, political consultative conference assigned by, and transfer of the judiciary administrative oversight matters, undertake administrative supervision organ shall promptly investigate and deal with, according to regulations and procedures will result in writing informed the national people's Congress, the Committee or the judiciary.

    22nd to encourage, support and protect citizens, legal persons and other organizations in the role of administrative supervision, administrative organ shall protect citizens, legal persons and other organizations on the administrative organs and their staff report, complaints, criticisms, recommendations of the right. 23rd executive oversight bodies should establish and perfect the News investigation of the system and the system of supervision and investigation results.

    For news media and reflects the major problems existing in administrative organs and their staff, and administrative oversight body should be investigated, verified, or to urge the relevant administrative authority to investigate, verify, and dealt with in a timely manner, and the results announced to the public.

    Fourth chapter of administrative supervision

    24th executive oversight bodies should continue to innovate administrative supervision, proactive monitoring.

    25th administrative supervision shall include the following:

    (A) an inspection or investigation;

    (B) the electronic surveillance;

    (C) the Government performance evaluation;

    (D) evaluation;

    (E) the construction of legal Government work;

    (Vi) administrative review cases;

    (VII) review of the administrative system;

    (H) administrative accountability;

    (I) the provisions of other laws, rules and regulations.

    26th check or survey include the following:

    (A) review of the administrative act;

    (B) special inspection;

    (C) the survey on major issues or specific surveys;

    (D) investigation of illegal or improper administrative action;

    (E) the provisions of other laws, rules and regulations.

    27th municipal governments establish and improve online approval system, execution and feedback systems, online public services, online transaction systems, online public resource monitoring system, real time electronic monitoring and inspection supervision.

    28th City Government to strengthen the Government's performance management and optimizing government performance evaluation index system and method of improving government performance evaluation, strengthening the use of government performance evaluation to promote continuous improvement of government performance.

    29th assessment include:

    (A) annual evaluation of the civil service and routinely;

    (B) administrative enforcement evaluation.

    30th administrative review include:

    (A) the normative documents for filing and review;

    (B) the Executive review of work systems and procedures.

    31st Executive oversight bodies should do found problems in supervision of synthesis and analysis, finding common issues, analysis of causes and solutions, and to guide and standardize the administrative work.

    The fifth chapter of illegal or improper administrative action

    The 32nd executive administrative acts of illegal or improper, they shall correct themselves.

    Administrative oversight authority in executive administrative acts is found in illegal or improper, verified, 33rd in accordance with this section in the manner provided in making treatment decisions, decided to request relevant administrative organs to perform his duties, the administrative authority shall comply in a timely manner and performance results are reported to the administrative authorities.

    33rd for illegal or improper administrative action to deal with, including the following:

    (A) ordered to perform;

    (B) shall be ordered to correct;

    (C) changes;

    (D) revoke;

    (E) Recognizing the illegal;

    (Vi) recognized invalid;

    (G) the provisions of other laws, rules and regulations.

    34th administrative supervisory organs shall establish illegal or unjust administrative actions and statistics system, the illegal or improper administrative acts of the executive authorities to be statistical, as a basis for examination, appraisal, supervision of work carried out. 35th executive oversight bodies discovered during the monitoring system is not perfect, imperfect management issues, should make recommendations to the executive authorities of the problems in a timely manner, and follow the corrective action.

    Accept the recommendations without any justified reason, the executive authorities should be adopted.

    The sixth chapter liability

    36th administrative organs and their staff illegal or improper administrative acts should be held accountable administrative responsibility in accordance with the regulations on the punishment of civil servants of administrative organs, the Shenzhen administrative fault responsibility investigation measures, the Shenzhen City people's Government and other provisions of the interim measures for administrative heads of Department accountable administrative responsibility of those.

    37th accept supervision of administrative organs and their staff has any of the following circumstances, shall be subject to administrative responsibility:

    (A) refuses, prevents, supervision and inspection;

    (B) the refusal to implement the administrative decisions of supervisory authority;

    (C) no legitimate reason not to implement the recommendations;

    (D) any other violation of supervision should be held responsible for circumstances specified.

    38th in the administrative supervision and supervision of administrative organs and their staff in any of the following circumstances, shall be subject to administrative responsibility:

    (A) shall perform the administrative decline or undue delay in the fulfilment of the duties of the Superintendent;

    (B) permissions, or programs that are not required in fulfilling its oversight responsibilities;

    (C) not complying with the provisions of administrative supervision of administrative supervision information system, a copy of the joint system, administrative violations refer issues to dealing with coordinate system and other administrative supervision system, causing serious consequences;

    (D) outside the scope of supervision authority or supervision supervision;

    (E) administrative oversight in the use of their positions for personal gain;

    (F) in the course of supervision, favoritism or other negligence, misconduct;

    (G) disclose State secrets, secrets or supervised business secrets and personal privacy;

    (VIII) any other violation of supervision should be held responsible for circumstances specified.

    39th article of accountability does not accept the decision by administrative organs and their staff, complaints in a manner prescribed by law.

    40th executive staff for illegal or improper administrative behavior, crime, transferred to judicial organs for handling.

    The seventh chapter by-laws

    41st law or otherwise provided by the rules and regulations on administrative oversight from its provisions.

    42nd enterprises, institutions, social groups of persons appointed by the municipal administrative organs in reference to these provisions. 43rd these provisions come into effect November 1, 2009.