Advanced Search

Ningxia Hui Autonomous Region, Administrative Accountability Approach

Original Language Title: 宁夏回族自治区行政责任追究办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Administrative accountability in the Nin summer self-government area

(The 11th ordinary meeting of the Government of the People's Party of the New summer Autonomous Region, held on 13 August 2008, considered the adoption of Decree No. 7 of 5 September 2008 No. 7 of the People's Government Order No. 7 of the New summer Resistance Zone, effective 1 October 2008)

Chapter I General

Article 1 promotes the proper performance of the duties of the executive branch and its staff, prevents and reduces administrative misperceptions, enhances administrative effectiveness and promotes the administration of the law and develops this approach in accordance with the relevant national provisions.

Article 2

(i) Civil servants of the executive branch;

(ii) Staff members who are authorized by law, legislation and regulations to administer the functions of public affairs are authorized to be in accordance with the Civil Service Act of the People's Republic of China;

(iii) Staff members other than those authorized by the executive branch by law.

Article 3 holds administrative responsibility and applies to executive organs and their executive heads (included by the Deputy) and other staff members who do not perform or are incorrectly discharging their duties.

The State and the self-government zone have special provisions for the accountability of executive organs and their staff.

In violation of this approach, in accordance with the Regulations on the disposition of civil servants of the executive branch and the relevant laws, regulations, regulations and regulations, as well as the State Department's decision, should be disposed of.

Article IV holds administrative responsibility and upholds the principles of realism, misappropriation and accountability, and integration of education and corrections.

Chapter II

Article 5 means accountability:

(i) To caution against statements;

(ii) A written inspection order;

(iii) An open apology;

(iv) To inform criticism;

(v) Removal of jobs;

(vi) Suspension of functions;

(vii) Recommended dismissal;

(viii) Resignation.

The administrative accountability under the preceding paragraph may be independent and applicable. The administrative responsibility is held in accordance with the authority and procedures of management, in accordance with subparagraphs 7 and 8 of the former paragraph.

Article 6. Staff members of the executive branch shall be held accountable for administrative responsibility:

(i) The main role played in cases of infraction;

(ii) himself or referring to the concealment, falsification and destruction of evidence of violations;

(iii) interference and obstruction of administrative responsibility investigations;

(iv) There are more than two violations committed within one year;

(v) The adverse social impacts and consequences of violations;

(vi) Other situations in which administrative responsibility should be re-vested.

Article 7. Staff members of the executive organs shall be prosecuted on a light or mitigation basis:

(i) To make an initiative to clarify violations of the law;

(ii) To cooperate actively with the investigation;

(iii) Effectively prevent the occurrence of negative social consequences;

(iv) Actively correcting violations or recovering losses;

(v) Other circumstances in which administrative responsibility should be prosecuted should be mitigated.

In the case of a minor violation by the staff of the executive branch, which does not result in adverse social impacts and consequences, and is ready to change after criticism of education, and can be exempted from accountability.

Chapter III

Article 8. The executive organs and their staff shall be held accountable for their administrative responsibilities by influencing the deployment of the Government as a whole:

(i) There is no justification for the implementation of the deployment of the Government concerned;

(ii) Difficulties and inefficiencies, resulting in a failure to complete or complete the quality of the important work of the people concerned during a period of time.

Article 9. The executive organs and their staff members shall be held accountable for their administrative responsibilities:

(i) At emergency times, such as natural disasters, security accidents and sudden events, which affect the interests of the State, the people's life and property security, without timely measures to be taken;

(ii) Organizing large-scale mass activities that do not take preventive measures to carry out security accidents;

(iii) Expropriation of reports, retreats, reports of major emergencies or important cases, and significant data;

(iv) In violation of the public provision of information by the Government, public information should not be publicized by law;

(v) Failure to implement the decisions of the People's Court of Justice, adjudication or inspection bodies, executive review bodies and audit bodies.

Article 10. The executive organs and their staff members shall be held accountable for their administrative responsibilities in violation of decision-making procedures, blind decisions, resulting in adverse social impacts or economic losses:

(i) National investment-building projects have serious violations of the integrity and quality or are wasteful;

(ii) Concurrently arrange for the use of financial funds, State assets, resulting in waste of funds or loss of State assets;

(iii) In violation of the decision to take significant administrative measures that result in mass visits or repeated visits that affect social stability.

Article 11. The administrative organs and their staff shall be held accountable for the economic losses incurred in their official activities:

(i) In solicitation activities, infringements committed preferential treatment or credits, economic security, resulting in economic loss or inaccurateness, which could not be performed by the contract and undermined the legitimate rights and interests of the investor;

(ii) Inviolate violations of public procurement and waste of financial funds;

(iii) Contrary-crime financing, resulting in adverse consequences.

Article 12. The executive organs and their staff shall be held accountable for their administrative responsibilities in cases such as chaotic order in areas governed by the law, impunity for administrative misconduct.

Article 13. The administrative authority should be held accountable for the administrative responsibilities of its staff, which have a negative social impact or other grave consequences:

(i) The normative documents developed are incompatible with laws, regulations, regulations or national policies that undermine public interests and undermine the legitimate rights and interests of citizens, legal persons or other organizations;

(ii) Staff attitudes, poor quality of services, reflecting a strong public;

(iii) Infractions, such as abuse of authority, provocative fraud, etc. by staff;

(iv) In violation of Government effectiveness-building provisions, resulting in adverse consequences;

(v) Reference is made to misleading, awarding, condoning staff, decepting honour or impeding, intervention in monitoring inspections and case inspections.

Article 14. The executive organs and their staff shall be held accountable for their administrative responsibilities:

(i) It is not possible to determine the basis for the implementation of the inspection;

(ii) There are no specific grounds for carrying out oversight inspections;

(iii) Preference, delay and refusal to perform oversight duties;

(iv) The finding that the offence is not punishable by law;

(v) Violations of the legitimate rights and interests of the person examined;

(vi) Other violations of the administrative supervision inspection.

Article 15. The executive organs and their staff shall be held accountable for their administrative responsibilities:

(i) There is no factual and legal basis;

(ii) Removal of the types of punishment and the range;

(iii) Violations of statutory procedures;

(iv) To deal with the imposition of penalties in violation;

(v) Administrative offences should be punished without punishment or punished;

(vi) It should be transferred to the judiciary or to other organs without being transferred;

(vii) Other violations of administrative penalties.

Article 16: The executive organs and their staff shall be held accountable for their administrative responsibilities in the implementation of administrative licences:

(i) No application for the harmonization of admissibility, joint acceptance and centralization of the application for administrative licences, as prescribed;

(ii) Delays and deliberately harass the applicant;

(iii) No information required for the admission of a return or the declaration of the survivor;

(iv) No administrative licence matters shall be closed within the statutory period;

(v) Violations of the provision of self-charging or non-application of statutory projects and standards;

(vi) Constraint, misappropriation, private separation or conversion of charges charged by administrative licences;

(vii) Other cases of administrative licence in violation of the law.

Article 17: The executive organs and their staff shall be held accountable for their administrative responsibilities in the implementation of administrative recognition:

(i) The admissibility or delay of the application for administrative recognition;

(ii) Excluding the exercise of administrative recognition by the competent authority or giving more than two applicants and repeat the certificate of recognition, resulting in adverse consequences;

(iii) Administrative recognition of procedural violations or administrative recognition based on unconfirmed and insufficient evidence, resulting in adverse consequences;

(iv) Other violations of administrative recognition.

Article 18

(i) There is no statutory basis for implementation;

(ii) To change the scope, criteria, targets and deadlines for the collection of projects;

(iii) The interception, misappropriation, seating or private distributors;

(iv) Non-use of specialized collections by the statutory sector;

(v) Other violations of the administration.

Article 19: The executive organs and their staff shall be held accountable for their administrative responsibilities in the implementation of administrative coercive measures:

(i) There is no factual and legal basis for implementing administrative coercive measures;

(ii) Execution of administrative coercive measures in violation of statutory procedures;

(iii) The seizure, misappropriation, private seizure, seizure and confiscation of property;

(iv) The maintenance of seized, seized and confiscated property, which causes damage;

(v) Other violations of the enforcement of administrative coercive measures.

Article 20: The executive branch and its staff shall be held accountable for their administrative responsibility:

(i) Sustain or reject the statutory duty to protect the legitimate rights and interests of citizens, legal persons and other organizations;

(ii) Sustain or refuse to grant relief payments, such as pension payments, minimum living guarantees, to be granted by law;

(iii) Other cases of delays or refusal to fulfil their statutory responsibilities.

Article 21: The executive organs and their staff shall be held accountable for their administrative responsibilities in the process of dealing with a letter of visit:

(i) To conceal or undermine the material of the mission;

(ii) Disclosure and release of material from the visitors;

(iii) To harass those who are in distress;

(iv) The adverse consequences and impacts of sudden-onset events and events that may have a significant impact on society;

(v) Other violations of the provisions of the mission.

The executive organs and their staff members should be held accountable for their administrative responsibilities in the course of administrative review:

(i) No application for administrative review is admissible under the law;

(ii) No application for administrative review shall be transferred by law;

(iii) Not to provide written replies, based on evidence, and other relevant materials for specific administrative acts, in accordance with the statutory deadline;

(iv) Constraint, disincentives against citizens, legal persons or other organizations to apply for administrative review in accordance with the law;

(v) Other violations of administrative review.

Article 23. The executive organs and their staff shall be held accountable for their administrative responsibilities:

(i) The absence of a provision for the processing of communications and electricity resulting in adverse consequences;

(ii) Proclamation and delays in the delivery of public documents falling within the purview of the responsibility;

(iii) No clarification, non-exclusive and non-transfer of public matters that are not within the scope of the responsibility or are otherwise inappropriate;

(iv) The public service involves other sectors of competence without consultation, consultation or unauthorized issuance without the consent of a common superior authority;

(v) In violation of confidentiality and documentation management provisions, resulting in documents, archives, information disclosure, destruction or loss;

(vi) The failure to collate correspondence, books, formats and correspondence, resulting in adverse consequences;

(vii) A breach of a provision for printing;

(viii) Other cases of violation of the provisions of correspondence.

Article 24 Staff conduct, ethics, and one of the following cases should be held accountable:

(i) The advantage of the unpublicized information available for themselves or for their loved ones;

(ii) Not subject to superior leadership, without hearing the right opinion at the level or at the lower level, without oversight and causing adverse consequences;

(iii) Inadmissibility and serious consequences;

(iv) To put an end on the public scene, causing adverse social impacts.

Article 25. The executive organs and their staff have other public interests that undermine the legitimate rights and interests of citizens, legal persons or other organizations, which have adverse social consequences and should be held accountable for their administrative responsibilities in accordance with this approach.

Chapter IV

Article 26

(i) The executive heads of the appointed Government shall apply the provisions of Article 5, paragraphs 1 to 4, of this scheme to the executive heads of the municipalities, district-level people's representatives to the General Assembly and its Standing Committee, and shall decide whether the executive heads of the appointed Government shall be held accountable directly by the supervisory organs of the population at the highest level;

(ii) The application of this approach to the executive heads of government-owned departments to the executive heads of the executive branch of Article 5, paragraphs 1 to 4, with the direct decision of the supervisory authority of the current people; and the application of Article 5, paragraphs 5 to 8, of this approach to the accountability of the executive branch, to be determined by the Government.

(iii) To hold administrative responsibilities for other staff members of the executive branch and to be determined by the administrative authority of the staff member.

(iv) A written examination of an administrative order, a public apology and a briefing of criticism, by the same-level inspectorate to present the decisions of the current people's Government.

(v) A written examination, a public apology and criticism of the executive body responsible for the implementation of vertical management, an agency established under the law, and a decision by the Government of the people (sector) of the institution.

Article 27 provides that the executive branch and its staff members have one of the acts under chapter III of this approach or one of the following cases, and the relevant organs under article 26 of this approach shall initiate administrative accountability proceedings:

(i) Individuals, legal persons or other organizations are charged and seized;

(ii) The request of the superior authority for accountability;

(iii) The judicial organs, the prosecution body, in writing, recommend that administrative responsibility be held;

(iv) The inspection body, the audit body, in writing, recommends that administrative responsibility be held;

(v) The Government's rule of law body, in writing, recommends that administrative responsibility be held;

(vi) To hold administrative responsibility in accordance with the performance assessment and the results of the examination;

(vii) Other cases where administrative accountability procedures can be initiated.

Article 28 concerned that the executive body should organize investigations and make decisions on whether to hold administrative responsibility within 10 working days from the date of the decision to initiate administrative accountability proceedings. The staff of the administrative organs surveyed have the right to make presentations and pleas.

The decision to hold administrative responsibility should be communicated in writing to staff who are held accountable for administrative responsibility; the decision to hold administrative responsibility should be communicated in writing to the relevant units and individuals, in accordance with the circumstances set out in article 27 of this approach.

Article 29 concerning the decision of the executive branch and its staff to hold administrative responsibility is inconsistency and may apply for review by the decision-making organs or to the superior administrative organ of the decision-making body, which shall make a review decision or other decisions within 10 working days of receipt of the request, the date of the complaint.

The implementation of administrative accountability decisions is not discontinued during the review and the appeals period.

Chapter V Oversight measures for accountability

Article 33 The Government of the people at the district level should strengthen the leadership of the respective departments and the lower-level people's governments in the administration of justice, coordinate in a timely manner the problems encountered in the administration of justice and ensure that cases of administrative responsibility are prosecuted.

The supervisory bodies, the personnel sector and the Government's rule of law institutions, the Government's supervisory body should be guided by administrative responsibility and oversight of inspections, in accordance with their legal, regulatory and regulatory responsibilities.

Article 31 states that the executive branch shall report promptly to the Government of the current people or to the leadership at the parent level on the conduct of administrative accountability cases and provide guidance and oversight to the executive responsibilities of the subordinate organs.

Article 32 citizens, legal persons or other organizations have the right to inspect violations committed by the inspectorate or other organs of the administration and its staff, which shall be promptly inspected and inform the author of the findings.

The prosecution should be objectively true and accountable for the authenticity of the material provided to it, deliberately fabricated, distorted facts, falsely and hurt others, and be held in accordance with the law.

Article 33, executive organs and their staff are held accountable for administrative responsibility and their qualifications are cancelled within one year.

The staff of the executive organs shall be subject to suspension or write-off of their administrative law enforcement documents and shall be determined by their organs or by the rule of law body of the Government of the people at this level, in accordance with the relevant provisions of the Administrative Law Enforcement Documents Management Scheme of the Lin summer Self-Government Zone.

Article 344 staff members of the executive organs who are held accountable for administrative responsibility have refused to implement the decisions of accountability for administrative accountability, giving warnings, lapses or excessive disposal, giving a higher circumstance, giving downgrading or dismissal; and, in serious circumstances, granting dismissal.

Article XV Staff of the inspectorate or other organs misuse their functions in the administration of accountability, play negligence, provocative fraud, warnings, negligence or excessive disposal of the competent and other direct responsible personnel directly responsible; aggravating circumstances, granting a lower or removal of their functions; and in the case of serious circumstances, granting them removal.

Annex VI

Article 16 of this approach refers to sectors of origin, including the formation of sectoral and sectoral administrations at the district level, the immediate ad hoc body, the immediate agency, the dispatch agency and the unit of the immediate cause.

The form of the instruments required to implement this approach is regulated by the self-government inspectorate.

Article 38 of this approach was implemented effective 1 October 2008.