Xiamen Responsibility System Of Administrative Enforcement Provisions (As Amended In 2007)

Original Language Title: 厦门市行政执法责任制规定(2007年修正本)

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(On August 8, 2000 Xiamen Government makes 92nd, announced according to on September 30, 2007 Xiamen Government makes 127th, announced of Xiamen City Government on abolition, and announced failure, and modified part municipal government regulations of decided Amendment) first chapter General first article to promote administrative organ law exercise terms, guarantee legal, and regulations and regulations of right implementation, maintenance citizens, and corporate and other organization of lawful rights and interests of, further improved investment environment, according to national about provides,
    Xiamen City, combined with practical, these provisions are formulated.
    Second article this provides by said administrative law enforcement accountability is refers to City Government in accordance with legal, and regulations, and regulations and administrative duties Division, will implementation legal, and regulations, and regulations of responsibility implementation to about administrative law enforcement organ and legal, and regulations authorized of Organization (following collectively administrative law enforcement sector); administrative law enforcement sector will this sector law enforcement responsibility decomposition to belongs law enforcement institutions and law enforcement personnel, by City Government on administrative law enforcement sector, and administrative law enforcement sector on belongs law enforcement institutions and law enforcement personnel of law enforcement responsibility for supervision, and assessment of system.
    Article III administrative law enforcement responsibility system clear responsibility, strengthen supervision and strict appraisal principles.
    Fourth municipal people's Government, leadership responsibility system for administrative law enforcement in the city.
    Legal agencies specific guidance, oversight, coordinate the implementation of responsibility system of administrative law enforcement and is responsible for implementation of this provision.
    Chapter II the Executive law enforcement responsibilities article fifth administrative law enforcement departments should be responsible for the implementation of laws, rules and regulations into their respective law enforcement agencies and law enforcement personnel, clearly defined responsibilities, and within 3 months from the date of implementation of this provision in developing concrete implementation of the responsibility system of administrative law enforcement in this sector.
    Administrative law-enforcement departments in accordance with the provisions of administrative law enforcement responsibility implementation plan, should be the release date in the 15th municipal people's Government for the record.
    Sixth administrative law enforcement assumed legal responsibility for its administrative enforcement action.
    Administrative law enforcement departments in legal authority and administrative enforcement of the laws and regulations within the scope of authority, cannot exceed the permissions.
    Administrative law-enforcement departments within its competence should be objective and impartial in exercising discretion, depending on the implementation of the provisions of the laws, rules and regulations, combined with illegal plot, the consequences of specific detail, such as the appropriate punishment, no abuse of power.
    Seventh administrative organ entrusted with the management of public affairs functions of the administrative law enforcement must be according to the laws, regulations and rules, and the entrusted organization liable for executive action.
    Article eighth administrative law enforcement personnel shall be based on administrative law enforcement departments belonging to the name of administrative law enforcement; commissioned by the Executive law enforcement organization in the administrative law enforcement personnel shall be to delegate authority on behalf of the administrative law enforcement.
    Regardless of the terms of reference of the Chief law enforcement officers, legal consequences arising from their personal commitment.
    Nineth administrative law enforcement departments of administrative law enforcement personnel should be strengthened and the discharge of the duties of the education laws, rules and regulations.
    Administrative law enforcement personnel must be carried out according to the relevant legal knowledge training, examination, pass an examination before induction of law enforcement.
    Administrative law enforcement personnel shall apply for administrative documents, in accordance with the measures for Administration of law enforcement certificates, Xiamen, implementing certificates, permits law enforcement.
    The tenth administrative law enforcement departments should be responsible for the implementation of laws, rules, regulations and other normative documents compiled to facilitate advocacy and law enforcement.
    Administrative law-enforcement departments should adopt various ways citizens, legal persons and other organizations to carry out regular publicity.
    11th administrative law-enforcement departments of administrative enforcement actions, must find that facts are clear, conclusive, the application properly.
    12th administrative law-enforcement departments must be strictly in accordance with laws and regulations of the process, methods and regulations, deadlines and other procedural requirements for administrative enforcement.
    13th administrative law enforcement departments should be law enforcement powers, responsibilities, standards, criteria, procedures and charges available to the public, and accept their supervision.
    14th administrative law enforcement departments shall establish systems, by the specialized agencies or persons inadmissible complaints, and publicize the complaint calls, subject to public supervision.
    15th administrative organs of normative documents shall comply with the following requirements: (a) the scope of the matters within the competence of the enacting body, (ii) content may not be incompatible with the laws, rules and regulations; (c) not illegal as the authorities establish obligations or to the management of the person subjected to (iv) shall be without prejudice to national interests or infringe upon the legitimate rights and interests.
    16th administrative law enforcement departments should establish a system of administrative law enforcement inspection and written report of January each year to the municipal administration of the previous year.
    According to local conditions and legal institutions each proposed law enforcement inspection work plan for the year in the first quarter, according to the law enforcement inspection plan and inspection time reported to the municipal people's Government. 17th administrative law enforcement departments should establish an administrative law enforcement system for assigning responsibility for misjudged cases.
    Persons who have committed intentional or gross negligence, competent authorities shall be given administrative punishments according to law constitutes a crime, criminal liability shall be investigated for.
    On State compensation, the compensation after the executive authorities of the obligation to compensate for the losses, and shall order the intentional misconduct or gross negligence of administrative law enforcement to bear part or all of the damages.
    Chapter III administrative law enforcement supervision 18th entrust other departments according to law enforcement by administrative organs, shall have written procedures, and power of Attorney submitted to the municipal people's Government for the record.
    Municipal government legal institutions is responsible for on reported prepared of law enforcement Attorney for review, found has following case one of of, timely notification delegate organ be correction or itself revoked: (a) delegate no legal, and regulations, and regulations according to of; (ii) delegate beyond statutory permission of; (three) by delegate sector not has statutory conditions of; (four) delegate procedures not meet other statutory requirements of.
    19th to receive ministries or provincial administrative law-enforcement departments of administrative law enforcement documents, should claim received within 30th of the documents submitted to the municipal people's Government for the record. 20th district people's Government develop regulatory documents shall be from the date of publication in the 15th municipal people's Government for the record. Legal body responsible for the normative documents on the review of the report, discovered illegal or appearance of impropriety, shall notify the enacting body to stop execution immediately and promptly amended or repealed; can also be directly brought to the municipal people's Government for amendment or cancellation.
    Modification or revocation of regulatory documents, shall make a written decision on the amendment or cancellation. Municipal people's Government departments to formulate normative documents before publishing normative documents as well as the drafting instructions and developed based on material submitted to the legal institutions for review.
    Without legal institutions to review departmental normative documents shall not be published, sector normative documents released without authorization is invalid.
    21st State enacted new laws, administrative regulations and the rules and regulations established by the city after the expiration of one year, is responsible for the implementation of administrative law enforcement departments should be the 30th law, implementation of laws and regulations, including defining complementary measures, implemented after the effects, problems and suggestions for improvement, and to report to the municipal people's Government.
    The 22nd District Government and the municipality belongs to the administrative law enforcement departments should be before January 15 and July 15 of each year, the first half of this area and administrative law enforcement statistics reported to the legal authorities in this sector.
    Legal bodies shall, before January 30 and July 30 will be half a year before the written report on the statistical analysis of administrative law enforcement in the city municipal people's Government.
    23rd article administrative law enforcement sector made following major administrative processing decided Shi, should in decided served of day up 15th within reported municipal government legal institutions record: (a) fine amount personal in 10,000 yuan above, units in 100,000 yuan above of; (ii) ordered discontinued closed of; (three) revoked license or license of; (four) legal, and regulations, and regulations provides of, or administrative law enforcement sector think should reported prepared of other major administrative processing decided. Legal institutions in the major administrative decisions for the record review process, the right of access to administrative documents and related materials. Upon examination, found major administrative decisions unlawful or manifestly inappropriate, due to the authorities in a timely manner, and supervision of law enforcement proposals.
    Original decision after receiving the supervision proposals, the decision should be reviewed again, and back in the 15th.
    24th system for assigning responsibility for misjudged cases by administrative law-enforcement departments, directly responsible for the executives hold responsible and other persons directly responsible for their decision, shall, on the date of the decision in the 30th, administrative supervisory organs and legal filings. 25th in day-to-day administrative supervision of law enforcement, the legal institutions, found that administrative law enforcement violates the relevant provisions of administrative law enforcement responsibility, or fails to perform the statutory duties of, proposals can make law enforcement supervision, ordered to correct; it refuses, it is recommended that city personnel, monitor the authorities directly responsible for the competent authority and other persons directly responsible shall be given administrative sanctions.
    Accept the suggested authorities shall, in accordance with provisions of laws and administrative regulations, dealt with in 2 months.
    Administrative supervisory organs in the law enforcement examination, found that administrative law enforcement departments and personnel in violation of the law and the rules and regulations, can be corrected or suggestions directly to correct; constitutes a disciplinary offence, given administrative sanctions in accordance with the regulations; to constitute a crime shall be transferred to the judicial organs and investigated for criminal responsibility according to law.
    26th fourth chapter assessment responsibility system of administrative enforcement evaluation by unified into the performance appraisal of the Executive category, and occupy a certain proportion of the scores. 27th annual municipal people's Government on an annual assessment of implementation of the responsibility system for administrative law enforcement in the city.
    Legal body in charge of the municipality belongs to the administrative implementation of the responsibility system of administrative enforcement of law enforcement agencies on a daily basis monitoring and evaluation.
    Fifth chapter supplementary articles article 28th district people's Governments shall, in the light of these provisions, combined with the practical, administrative law-enforcement departments of administrative law enforcement responsibility to which it belongs.
                              29th these provisions been in force since September 2000 1.