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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(31st Executive session on January 3, 2008 in XI ' an city people's Government through the 70th release on February 22, 2008 in XI ' an city people's Government since March 22, 2008) Chapter I General provisions article in order to standardize and supervise administrative enforcement actions, laws, regulations and rules correctly and effectively implemented to promote administration according to law, in accordance with the relevant laws and regulations and the relevant provisions of the State Council, combined with the city's actual, these measures are formulated.
    Second city, district and county people's Government administrative organs, organization authorized by the laws, regulations and administrative law enforcement organs in accordance with the delegated organization (hereinafter "executive law enforcement units") to implement the responsibility system for administrative law enforcement, these measures shall apply.
    Article III responsibility system for administrative law enforcement in these measures refers to administrative law enforcement units in accordance with the statutory duty to have an administrative law enforcement terms, specifications and bear the responsibility of enforcing the administrative law enforcement system.
    Implementation of the responsibility system for administrative law enforcement, should be set up with the aim of improving the social effect of administrative law enforcement administrative incentive mechanisms and monitoring mechanisms.
    Fourth municipal, district and County leading implementation of the responsibility system for administrative law enforcement in their respective administrative areas.
    Municipal, district and County law agency-specific implementation, coordinate and guide the implementation of the responsibility system of administrative enforcement in the administrative area, establishment, monitoring and personnel departments in accordance with their respective functions and is responsible for the implementation of the responsibility system for administrative law enforcement related work.
    Administrative law enforcement agencies leading the organ belongs the administrative implementation of the responsibility system of administrative enforcement of law enforcement agencies, under the direction of administrative law enforcement responsibility system for administrative law enforcement implementation.
    The vertical management of administrative law enforcement agencies leading the implementation of the system of administrative law enforcement responsibility.
    Article fifth administrative law enforcement responsibility, shall follow the Government leadership, departments are responsible for, and powers statutory, power and responsibility, effective supervision, the principle of responsibility commensurate with the punishment.
    Sixth administrative duties dispute arises between law enforcement agencies, related laws, statutes, rules and regulations, as well as functions, by the people's Governments at the corresponding level legal agencies in conjunction with the preparation of departmental coordination. Chapter II administrative law enforcement responsibilities article seventh administrative head responsibility system of administrative law enforcement. City, district and county governments Chief Administrative Officer assumed lead responsibility for administrative law enforcement within their respective administrative areas.
    Executive Heads of the administrative law enforcement organs on administrative law enforcement to assume leadership of the body.
    Eighth administrative enforcement unit should be responsible for the Organization and in conjunction with other law enforcement agencies to implement laws, rules and regulations as set forth in law enforcement functions, item-by-item breakdown of law enforcement responsibilities, and to law enforcement agencies and law enforcement positions.
    Promulgation of the new law or following the laws, rules and regulations and to amend, repeal, organization authorized by laws and regulations on administrative law enforcement organs and shall timely law enforcement authority, law enforcement responsibility to make the appropriate adjustments to the people's Governments at the corresponding level and legal filings. Nineth of municipal, district and county people's Government administrative organs, as well as laws and regulations authorized the Organization of law enforcement, the basis shall be approved by the people's Governments at the corresponding level of the rule of law enforcement agencies check, and reported to the people's Governments at the corresponding level for approval, on behalf of the Government to the public.
    Announced way decided by the people's Governments at the corresponding level. Administrative enforcement of the unit the unit should be down law enforcement powers, owes it to the people's Governments at the corresponding level of the rule of law enforcement agencies or law enforcement authorities for the record, and to the public.
    Released by decision of the administrative law enforcement units.
    Tenth law, regulations, rules and regulations by administrative law-enforcement organs primarily responsible for organization and implementation, as well as for related administrative law enforcement organs joined together, mainly responsible for the implementation of administrative law enforcement organs should communicate with the Office, with the organs should actively assist in law enforcement. 11th article administrative law enforcement units should established sound following system: (a) administrative law enforcement personnel holding card induction system; (ii) administrative law enforcement documents management system; (three) administrative law enforcement personnel learning training system; (four) administrative law enforcement publicity system; (five) specification administrative law enforcement work system; (six) administrative law enforcement statistics report system; (seven) confiscated property collection management system; (eight) administrative law enforcement instruments making and the archive system; (nine) administrative law enforcement case reported disposal system; (ten)
    Files comments on the system of administrative law enforcement (11) administrative enforcement evaluation systems; (12) administrative law enforcement accountability system (13) other systems.
    12th administrative enforcement unit should establish legal knowledge and learning training programs administration according to law, strengthen the education of law enforcement personnel, training and management, improve the level of administrative law and administrative law enforcement for law enforcement personnel.
    Chapter III supervision and inspection of the 13th municipal, district and County legal body for administrative law enforcement units should be systematically supervise and inspect the implementation of the responsibility system for administrative law enforcement.
    14th the contents of the control and inspection: (a) the implementation of responsibility system of administrative law enforcement organization and leadership.
    1. the administrative officer in charge of the implementation of the responsibility system for administrative law enforcement work; 2. administrative law enforcement responsibility included responsibility for comprehensive evaluation of the goals, 3. formulating and implementing the responsibility system for administrative law enforcement programmes.
    (B) the administrative law enforcement responsibility down.
    1. comb depending on the circumstances of administrative law enforcement; 2. decomposition of administrative law-enforcement duties; 3. determination of administrative law enforcement responsibility.
    (C) the 11th provided these measures of establishing and perfecting the system of administrative law enforcement responsibility.
    15th the control and inspection of: (a) receive reports on the implementation of the responsibility system for administrative law enforcement, (ii) on-site inspection and access to check the relevant documents, information and (iii) held a forum or a social survey (iv) legal quality of the relevant administrative law enforcement personnel testing; (e) Organization of thematic investigations. The fourth chapter evaluation by the 16th city, district and county governments should strengthen their administrative evaluation of administrative law enforcement by law enforcement agencies.
    Administrative law enforcement organs should strengthen their law enforcement agencies and administrative enforcement evaluation by administrative law enforcement officials.
    Evaluation results should serve as a law enforcement agency performance assessment and comprehensive evaluation of important content into the target of civil liability.
    17th municipal, district and County appraisal agencies of the people's Governments at the corresponding level belongs to the administrative law-enforcement agencies in the review.
    The vertical management of administrative law enforcement organs, for evaluation by the administrative law-enforcement organs at a higher level, and to fully hear the views of local people's Governments. 18th article administrative law enforcement comments assessment of main content: (a) administrative law enforcement subject qualification whether legal; (ii) administrative law enforcement behavior whether meet statutory permission; (three) administrative law enforcement behavior finds facts whether accurate, evidence whether full; (four) administrative law enforcement program whether legal; (five) administrative law enforcement applies legal according to whether right; (six) administrative law enforcement decided of content whether legal, free CD volume right of using whether appropriate; (seven) whether using statutory fine, and
    Confiscated property notes and the whether legal disposal confiscated of property; (eight) administrative law enforcement instruments whether unified, and whether fill business specification; (nine) administrative law enforcement files whether according to requirements filing archive, and properly custody; (ten) administrative law enforcement decided of administrative reconsideration, and administrative litigation results and implementation situation; (11) administrative law enforcement complaints reported of accepted and the survey processing situation; (12) other content.
    19th Administration Council shall adopt internal review and external evaluation methods.
    Access to relevant documentation, internal review can take the Executive law enforcement reporting, administrative law enforcement files comments looks up to conduct enquiries, administrative law enforcement investigations or in other ways.
    External reviews can take hold symposiums, issuance of administrative law enforcement comment card, set up a public suggestion box, opening review of law enforcement hotline, hired supervisory comments, polls and other means.
    Review on administrative law enforcement unit and law enforcement personnel, should listen carefully to opinions of the administrative relative person.
    External review should serve as an important basis for final examination on administrative law enforcement organs.
    Fifth chapter responsibility held 20th article administrative law enforcement units in implementation administrative law enforcement accountability in the has following behavior one of of, should held responsibility: (a) on implementation administrative law enforcement accountability of supervision check not tie, and not accept of; (ii) on implementation administrative law enforcement accountability organization poor, and negative meet, and fraud of; (three) administrative law enforcement duties not decomposition, and not implementation of; (four) administrative law enforcement accountability supporting system not sound, and not implementation of.
    21st administrative law enforcement personnel shall implement administrative punishments, administrative licensing and administrative expropriation and requisition, executive pay, administrative enforcement, administrative decisions, administrative confirmation, administrative checks and other administrative enforcement action illegal, should be held accountable.
    22nd held executive responsibility for law enforcement and administrative law enforcement personnel shall follow the principles of objectivity, impartiality, openness, fairness.
    23rd article responsibility held of type: (a) ordered made written check; (ii) ordered deadline rectification; (three) informed criticism; (four) canceled when selection advanced of qualification; (five) temporarily buckle or collection administrative law enforcement documents; (six) post training; (seven) out administrative law enforcement post; (eight) administrative sanctions; (nine) legal, and regulations and regulations provides of other responsibility held type. Types of liability prescribed in the preceding paragraph apply to administrative law enforcement personnel, of which (I), (ii), (iii), (iv), (IX) also apply to administrative law enforcement units.
    When the responsibility was implemented, can be individually or jointly depending on the circumstances.
    24th of municipal, district and county governments pursue the responsibility of respective administrative law enforcement organs, administrative organs for administrative law enforcement organs and executive law enforcement responsibilities, suspend or withdraw the certificate of administrative enforcement, Shaanxi Province, by the people's Governments at the corresponding level legal procedures. 25th district and county people's Government and the administrative law-enforcement organs at all levels shall, in accordance with the regulations held accountable, not complying with the provisions to hold, or compliance Department has the right to oblige the competent authorities at a higher level held accountable or answerable to it.
    Be obliged to hold the authority shall make a decision in the 30th, and make a decision within 5th of the superior authorities for the record.
    Lower administrative law enforcement agency is the competent authority, entrusted the responsibility of 30th and still be forgiven, by the competent authority or inspectorate shall be given the lower administrative sanction of Heads of law enforcement agencies. 26th article give administrative law enforcement personnel administrative sanctions or out administrative law enforcement post processing of, by administrative law enforcement personnel where administrative law enforcement organ or personnel appointment sector, and monitored sector according to management permission made decided; ordered made written check, and deadline rectification, and informed criticism, and post training, and canceled selection advanced qualification, by administrative law enforcement personnel where administrative law enforcement organ made decided; temporarily buckle or collection Shaanxi Province administrative law enforcement card by this level government legal institutions by program handle.
    District and County legal institutions should be collected under administrative law enforcement certificates promptly turned over to the city in Shaanxi Province of the people's Government legal agencies.
    27th about accountability in administrative law enforcement and administrative accountability for decisions from law enforcement officers, should listen to the views of the Executive law enforcement unit and law enforcement personnel to ensure their representation and the right to plead. 28th administrative law enforcement accountability and administrative law enforcement personnel is dissatisfied with a decision may, from the date of receipt of the decision to the accountability within the 15th level of Government or law enforcement authority for review.
    Authority shall review at the 30th accepting the review decision, with a copy to the original accountability.
    Administrative sanction decision by law enforcement officials, in accordance with the People's Republic of China Law on civil servants and the People's Republic of China on administrative supervision law of the provisions of the relevant laws and regulations, to apply for a review or appeal.
    During the review or appeals, and do not stop execution of the original accountability decisions.
    29th staff responsible for accountability in handling matters of accountability, abuse, deception, negligence, to reveal the secret, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Sixth chapter supplementary articles article 30th these measures come into force on March 22, 2008.
                                                    Released on August 29, 1998, the XI ' an city people's Government municipal administrative organs of the interim measures for the implementation of Department law enforcement responsibility at the same time repealed.