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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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(Act No. 92 of the People's Government Order No. 92 of 8 August 2000 issued in accordance with the Decision of the House of Commons of 30 September 2007, No. 127, No. 127 of the Order of the People's Government of the City, concerning the abolition, declaration of invalidity, modification of the regulations of the municipalities)

Chapter I General
In order to promote the exercise by the executive branch of its functions under the law, to ensure the proper implementation of laws, regulations and regulations, to preserve the legitimate rights and interests of citizens, legal persons and other organizations, to further improve the investment environment, and to develop this provision in line with the relevant provisions of the State.
Article 2 states that administrative law enforcement responsibilities are defined as the division of labour between the Government of the city, in accordance with the laws, regulations, and administrative responsibilities, to implement the responsibilities of implementing laws, regulations and regulations to the organizations authorized by the relevant executive law enforcement bodies and laws, regulations and regulations (hereinafter referred to as the executive law enforcement branch); the executive law enforcement branch has transferred the law enforcement responsibilities of this sector to the law enforcement agencies and law enforcement personnel, and the authorities of the city are governed by the executive branch, the executive law enforcement authorities's system, and the law enforcement agencies.
Article III imposes clear responsibilities, strengthens oversight and strictly conducts the principle of the conduct of inspections.
Article IV. Government of the city leads the administration of justice throughout the city.
The municipal rule of law institutions specifically guide, monitor and coordinate the implementation of administrative law enforcement responsibilities, and are responsible for the implementation of this provision.
Chapter II Administrative law enforcement responsibility
Article 5
The executive law enforcement sector implements the administrative law enforcement responsibilities programme in accordance with this provision, which should be reported to the Government of the city within 15 days of the date of publication.
Article 6.
The administrative law enforcement authorities should conduct administrative enforcement within the framework of statutory powers and legislative, regulatory mandates and should not go beyond the authority.
The executive law enforcement authorities should exercise discretion in an objective and impartial manner within their competence, and in accordance with the legal, regulatory and regulatory provisions implemented, the extent of the penalties corresponding to the circumstances of the violation, the consequences shall not be abused.
Article 7. The executive body entrusts the organization with the functions of the administration of public affairs with administrative enforcement, which must be based on laws, regulations, regulations and legal responsibility for the administrative enforcement of the delegated organization.
Article 8. Administrative law enforcement officers shall be subject to administrative law enforcement in the name of the executive law enforcement branch, and administrative law enforcement in the organizations entrusted by the executive branch shall be carried out in the name of the commissioning authority.
The legal consequences arising from acts carried out by administrative law enforcement officials that are not relevant to their duties are borne by their individuals.
Article 9. The executive law enforcement authorities should strengthen their education with respect to the laws, regulations and regulations relating to their administration.
Administrative law enforcement personnel must be trained in legal knowledge, evaluated, subject to the relevant provisions, and subject to the law enforcement by the competent party.
Administrative law enforcement officials should be instructed in accordance with the law and in accordance with the administrative law enforcement documents management approach in the municipality of the House, to introduce evidence-based induction and to identify law enforcement.
Article 10 The administrative law enforcement sector should compile the legal, regulatory and other normative documents responsible for the implementation of this sector in order to facilitate advocacy and enforcement.
The administrative law enforcement sector should conduct regular rule of law awareness of citizens, legal persons and other organizations in all ways.
Article 11. Enforcement of administrative law enforcement by the administrative law enforcement authorities must be determined that the facts are clear and that the evidence is correct.
Article 12 Administrative law enforcement authorities must strictly enforce administrative law in accordance with the steps, modalities, time frames, etc. of law, regulations and regulations.
Article 13. Administrative law enforcement authorities should make public disclosure of law enforcement powers, duties, conditions, procedures and fees.
Article 14. The administration of justice should establish a system of complaints to receive complaints by specialized agencies or persons and to make complaints available to society and receive social oversight.
Article 15
(i) The matters set out shall not exceed the terms of reference of the organ in place;
(ii) The content shall not be incompatible with the law, regulations and regulations;
(iii) No violation of the authority granted by the organ or an additional obligation to the management relative;
(iv) No violation of the legitimate rights and interests of the State or of others.
Article 16 should establish an administrative law enforcement inspection system and report to the Government of the city a written report on administrative law enforcement during the previous year.
In the first quarter of each year, the municipal rule of law institutions, in accordance with local realities, have proposed a full-year enforcement inspection workplan, which is planned to conduct law enforcement inspections, and will report to the Government of the city in a timely manner.
Article 17 should establish an accountability system for administrative law enforcement. In cases where persons responsible for wilful or gross negligence are responsible, the relevant organs shall be subject to administrative disposition by law, which constitutes an offence and shall be criminalized by law.
In the case of compensation to the State, the administrative organ responsible for the obligation to compensate for damages should be responsible for taking part or all of the costs of compensation to administrative law enforcement officials who have deliberately or had suffered significant negligence.
Chapter III Administrative law enforcement oversight
Article 18 The executive branch shall, in accordance with the law, entrust the law with the law of other departments and shall proceed with the written authorization process and transmit the letter to the Government of the city.
The municipal rule of law body is responsible for reviewing the bill of law enforcement entrusted to it, finding one of the following cases, giving prompt notification to the commissioning body to be completed or to withdraw itself:
(i) To entrust the absence of a legal, regulatory and regulatory basis;
(ii) Authorizes the extension of statutory competence;
(iii) The mandated sector does not have statutory conditions;
(iv) The commissioning process is not in accordance with other statutory requirements.
Article 19 Administrative law enforcement services that receive administrative law enforcement documents from ministries or provincial governments shall be reported to the Government of the municipality within 30 days of receipt of the documents.
Article 20 peoples' governments have developed normative documents that should be presented to the Government of the city within 15 days of the date of publication. The municipal rule of law bodies are responsible for reviewing the normative documents that are submitted, identifying violations or apparent misappropriation, which should be notified in writing of the immediate cessation of implementation and, in a timely manner, amendments or repeals; and may also be brought directly to the Government of the city. Changes or cancellation of normative documents should be made or the decision should be withdrawn.
Normative documents are developed by the working sector of the city's Government, which should be submitted to the municipal rule of law bodies in conjunction with the publication of the text of normative documents and the drafting of notes and the development of the basis. Sectoral normative documents that have not been reviewed by the municipal rule of law bodies shall not be issued and the sectoral normative documents that have been issued are not valid.
The executive branch responsible for the implementation of the Ministry's laws, regulations, regulations and regulations, which have been enacted by the State and developed by this city for a period of one year, shall report to the Government of the city within 30 days on the implementation of the laws, regulations, regulations and regulations, including the development of the measures, the effectiveness achieved after implementation, the problems encountered and recommendations for improvement.
The executive law enforcement sector, which is governed by Article 2 and the municipalities, shall be reported to the municipal rule of law institutions in the first half of the year and until 15 July each year.
The municipal rule of law institutions should report in writing to the Government of the people by 30 January and 30 July.
In making the following major administrative management decisions by the executive law enforcement authorities, the following shall be reported to the municipal rule of law institutions within 15 days of the date of the decision to be delivered:
(i) A fine of more than 1 million dollars for individuals, with more than 10,000 dollars for units;
(ii) The suspension of the work;
(iii) Removal of licences or licences;
(iv) Laws, regulations, or administrative law enforcement authorities consider other major administrative management decisions that should be presented.
The municipal rule of law institutions have the right to receive administrative law enforcement files and related materials during the review of major administrative processing decisions. Upon review, significant administrative treatment has been found to be unlawful or manifestly inappropriate, and enforcement oversight recommendations should be submitted to the original decision body in a timely manner. The former decision-making body should re-examine the decision after receiving a law enforcement oversight proposal and respond to it within 15 days.
Article 24 of the administrative law enforcement system, based on the error of accountability, decisions taken on accountability for the direct responsible and other direct responsibilities, shall be reported to the municipal administrative inspectorate and the municipal authorities within 30 days of the date of the decision.
Article 25 In the day-to-day administrative law enforcement oversight, the municipal rule of law institutions found that the administrative law enforcement authorities violate the relevant provisions of the administrative law enforcement regime or do not perform their statutory duties, may make proposals for law enforcement oversight to be responsible for its transformation; and in the absence of correction, it is recommended that the municipal personnel, the inspectorate provide administrative disposal to the competent and other direct responsible personnel directly responsible. The organs that accept the recommendation should be dealt with within two months, in accordance with the provisions of the law, administrative regulations.
In law enforcement inspections, the administrative inspectorate found that the administrative law enforcement authorities and their law enforcement officials were in violation of legal, legislative and present provisions, which could be corrected directly or recommended; that administrative disposition be made in accordance with the relevant provisions; and that criminal justice should be transferred to the judiciary.
Chapter IV
Article 26 Review of administrative law enforcement responsibilities incorporates the scope of the evaluation of the performance of the executive branch and takes a proportion of ratings.
The Government of the commune conducts an annual review of the implementation of the responsibilities of executive law enforcement throughout the previous year. The municipal rule of law institutions are specifically responsible for the regular monitoring and evaluation of the implementation of administrative law enforcement responsibilities in the administration of the municipal government.
Chapter V
The Twenty-eighth People's Government should, in the light of this provision, introduce administrative law enforcement responsibilities for its administrative law enforcement in the light of the actuality of the area.
Article 29