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Xi Implementation Of Responsibility System Of Administrative Enforcement Approaches

Original Language Title: 西安市实施行政执法责任制办法

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(Adopted by the 31st ordinary meeting of the People's Government of Western Annai on 3 January 2008 (Act No. 70 of 22 February 2008 by the People's Government Order No. 70 of 22 February 2008)

Chapter I General
Article 1, in order to regulate and monitor administrative law enforcement, ensure the proper and effective implementation of laws, regulations, regulations and regulations, and effectively promote the administration of justice in accordance with the relevant provisions of the law, legislation and the State Department, and develop this approach in the light of the actual provisions of this city.
Article 2
Article III refers to the administrative law enforcement responsibility system established by administrative law enforcement units in accordance with their statutory responsibilities, the regulation of administrative law enforcement and the assumption of administrative law enforcement responsibility.
Implementation of administrative law enforcement responsibilities should establish administrative enforcement incentives and oversight mechanisms aimed at improving the effectiveness of administrative law enforcement.
Article IV
The executive, coordination and guidance for the implementation of administrative law enforcement responsibilities within the current administration is organized by the communes, districts, and the authorities responsible for the administration of justice in accordance with their respective mandates.
The executive law enforcement agencies lead the executive law enforcement responsibilities of the executive law enforcement agencies affiliated with this body to guide the implementation of administrative law enforcement responsibilities at the next level.
The executive law enforcement agencies that implement vertical management lead the implementation of the system.
Article 5 implements administrative law enforcement responsibilities and should be guided by the principles of government leadership, department responsible, legislative authority, accountability, effective oversight, responsibility and punishment.
Article 6.
Chapter II Administrative law enforcement functions
Article 7. Administrative law enforcement is governed by the executive head. The executive heads of the urban, district and district governments are responsible for administrative law enforcement in the present administration. The executive heads of administrative law enforcement agencies assume leadership responsibility for administrative law enforcement in this organ.
Article 8. Administrative law enforcement units shall be responsible for the organization of law, regulations, regulations, law enforcement responsibilities, on a case-by-case basis, and for law enforcement agencies and specific law enforcement positions, as set out in the laws, regulations, regulations and regulations governing the operation of this unit.
Following the enactment of new laws or laws, regulations, amendments and repeals, the executive law enforcement authorities and the legal, legislative and regulatory authorities should adapt their law enforcement functions in a timely manner, the law enforcement responsibilities, and file with the Government's rule of law institutions.
Article 9 The publication was decided by the Government of the people at this level.
The executive law enforcement units should separate this unit from the law enforcement functions implemented, the law enforcement responsibility to the law enforcement body of the current people's Government, or the executive law enforcement body to which it belongs, and be made public to society. The publication is determined by the administrative law enforcement units.
Article 10 Laws, regulations and regulations stipulate that an administrative law enforcement body is primarily responsible for the organization of implementation, while there is a need for cooperation between the relevant administrative law enforcement agencies, which are primarily responsible for the implementation of administrative law enforcement agencies, should be actively involved in assisting law enforcement.
Article 11. Administrative law enforcement units should establish the following systems:
(i) The evidence induction system for administrative law enforcement officials;
(ii) Administrative law enforcement documentation management system;
(iii) The learning training system for administrative law enforcement personnel;
(iv) Administrative law enforcement systems;
(v) regulate the administrative law enforcement system;
(vi) Administrative law enforcement statistical reporting system;
(vii) A system for the collection of property;
(viii) Production and filing systems of administrative law enforcement instruments;
(ix) Administrative law enforcement reporting system;
(x) The administrative law enforcement review system;
(xi) Administrative law enforcement review of the nuclear system;
(xii) The accountability system for administrative law enforcement;
(xiii) Other systems.
Article 12. Administrative law enforcement units should develop legal knowledge and training programmes for administrative knowledge learning, strengthen the education, training and management of administrative law enforcement officials and improve the legal and administrative levels of law enforcement officials.
Chapter III Oversight inspection
Article 13 states that the State's rule of law institutions should systematically monitor the implementation of administrative law enforcement responsibilities in administrative law enforcement units.
Article 14.
(i) Organizational leadership for the implementation of administrative law enforcement responsibilities.
The executive heads manage the implementation of administrative law enforcement responsibilities;
The integration of administrative law enforcement responsibilities into an integrated assessment of the organization's objective responsibilities;
Development and implementation of administrative law enforcement accountability programmes.
(ii) Implementation of administrative law enforcement functions.
Mapping the administrative law enforcement basis;
Disposition of administrative law enforcement responsibilities;
Identification of administrative law enforcement responsibilities.
(iii) Article 11 of this approach provides for the establishment of an appropriate system for the sound administration of justice.
Article 15. Ways to monitor inspections:
(i) Hearing reports on the implementation of administrative law enforcement responsibilities;
(ii) On-site inspection, access to relevant documents, information;
(iii) A colloquium or a social questionnaire survey;
(iv) Conduct legal quality tests for relevant administrative law enforcement personnel;
(v) Organizing thematic surveys.
Commentary
Article 16 shall enhance the assessment of administrative law enforcement by the competent administrative law enforcement authorities. Administrative law enforcement agencies should strengthen the evaluation of the executive law enforcement agencies and administrative law enforcement.
The evaluation of the results should be integrated into the objective responsibilities assessment as an important element of the performance assessment of the executive law enforcement agencies and the civil service examination.
Article 17: The municipal, district and district government evaluation body is responsible for conducting an evaluation of the executive law enforcement agencies affiliated to the Government.
The executive law enforcement agencies that are in charge of vertical management are evaluated by executive law enforcement authorities at the highest level and are fully consulted by the local people's Government.
Article 18
(i) The legality of the qualifications of the subject matter of administrative law enforcement;
(ii) Administrative law enforcement is in compliance with the statutory competence;
(iii) The determination of whether the facts are accurate and whether the evidence is sufficient;
(iv) The legality of administrative law enforcement procedures;
(v) The correctness of the legal basis applicable to administrative law enforcement;
(vi) Whether the content of administrative law enforcement decisions is lawful and whether the application of discretion is appropriate;
(vii) Is the use of statutory fines, forfeitures and for the lawful disposal of confiscated property;
(viii) Whether administrative law enforcement instruments are uniform and whether they are completed;
(ix) Whether administrative law enforcement files are properly maintained in accordance with requests;
(x) Administrative review of administrative law enforcement decisions, administrative proceedings and their implementation;
(xi) The receipt and investigation of complaints by administrative law enforcement;
(xii) Other elements.
Article 19 Administrative law enforcement reviews should be conducted in a manner that combines internal review and external review.
The internal review can be undertaken by accessing information on documentation, hearing reports on administrative law enforcement, administrative law enforcement review, and screening of administrative law enforcement.
The external review could take a colloquium, issue of administrative law enforcement review cards, establish a public opinion box, open a law enforcement review line telephone, engage in oversight of parliamentarians and conduct public opinion tests.
An evaluation of administrative law enforcement units and administrative law enforcement officials should be carefully heard of the views of the relative executives.
The outcome of the external review should serve as an important basis for the final evaluation of the executive law enforcement authorities.
Accountability
Article 20: Administrative law enforcement units are one of the following acts in the implementation of administrative law enforcement responsibilities and should be held accountable:
(i) Monitoring of the implementation of administrative law enforcement responsibilities is not synchronized and unacceptable;
(ii) Inadequate, negative response and misappropriation of administrative law enforcement responsibilities;
(iii) Administrative law enforcement responsibilities are non-implementation and non-implementation;
(iv) The system of administrative law enforcement responsibility is not sound and unimplemented.
Article 21, Administrative law enforcement officials shall be held accountable for the offences of administrative law enforcement, such as administrative sanctions, administrative licences, administrative expropriation, administrative payments, administrative enforcement, administrative decisions, administrative recognition, administrative inspection.
The responsibility of administrative law enforcement units and administrative law enforcement officials should be held in accordance with the principles of objectivity, impartiality, openness and equity.
Article 23 Types of accountability:
(i) A written inspection order;
(ii) Removal deadlines;
(iii) To inform criticism;
(iv) Removal of advanced qualifications for the year;
(v) To suspend or collect administrative law enforcement documents;
(vi) induction training;
(vii) Removal of administrative law enforcement positions;
(viii) Administrative disposal;
(ix) Other types of accountability under laws, regulations and regulations.
The types of accountability provided in the previous paragraph apply to administrative law enforcement officials, including subparagraphs (i), (ii), (iii), (iv), (ix) and (ix) to administrative law enforcement units. In the event of accountability, it may be applied either individually or jointly, depending on the circumstances.
Article 24, the Government of the city, the district and the people of the county is responsible for the executive law enforcement organs of which the executive law enforcement agencies are held accountable, but are temporarily deducted or seized of administrative law enforcement certificates in the province of Myungi and are governed by procedures by the law of the Government of the people.
Article 25, the Government of the people of the district, and the executive law enforcement authorities at all levels should be held in a timely manner, in accordance with the provisions of this approach, without due regard, and competent or inspectorate authorities at the top level are entitled to hold them accountable or directly accountable. The responsible organ shall take a decision within 30 days and report back-to-level proceedings within 5 days of the date of the decision.
The subordinate executive law enforcement body is still not held accountable within 30 days of the assignment of responsibility by the superior authority or the supervisory authority, by law, to the executive heads of the executive branch.
Article 26 provides administrative law enforcement officials with administrative disposition or reassignment of administrative law enforcement positions, by administrative law enforcement agencies or personnel out of office, the inspection department decides in accordance with the management authority; a written examination by the responsible order, a probationary change, a brief briefing on criticisms, induction training, cancellation of the selection of advanced qualifications, a decision by the executive law enforcement body in which administrative law enforcement officers are located; and the suspension or collection of the Administrative Law Enforcement Evidence in the Province of Western Province is governed by the procedures of the Government of the people. Regional, district and territorial Government rule of law institutions should deal with the collection of administrative law enforcement certificates in the provinces of Myungi in a timely manner with the rule of law institutions of the Government.
Article 27 concerning the accountability of the organ before deciding on the accountability of administrative law enforcement units and administrative law enforcement officials, the views of administrative law enforcement units and administrative law enforcement officials should be heard in order to guarantee their statements and the right to be heard.
Article 28, Administrative law enforcement units and administrative law enforcement officials may apply for review within 15 days of the date of receipt of the decision. The organ responsible for the review shall take a review decision within 30 days and be sent to the competent organ.
Administrative law enforcement officials have no decision on administrative disposition and apply for review or filing of complaints in accordance with the provisions of the Civil Service Act of the People's Republic of China and the Law on Administrative Monitoring of the People's Republic of China.
During the period of review or complaint, the enforcement of the decision was not stopped.
Article 29 Staff responsible for accountability, when dealing with matters of accountability, abuse of authority, provocative fraud, negligence and secrets, and administrative disposition by law, constituted an offence and criminal responsibility by law.
Annex VI
Article 33 The Government of the commune, which was released on 29 August 1998 on the provisional approach to the enforcement of sectoral law enforcement responsibilities by the executive branch of the city of Western Annai.