Interim Measures On The Accountability Of Executive Leadership In Harbin

Original Language Title: 哈尔滨市行政机关领导问责暂行办法

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(September 21, 2007, Harbin municipal people's Government at the 13th Executive meeting on September 25, 2007, Harbin municipal people's Government, the 174th promulgated as of November 1, 2007) the first in order to comprehensively promoting administration according to law, strengthen the administrative responsibility, prevention and reduction of administrative mistakes, improve administrative efficiency and productivity, according to the People's Republic of China of the organic law of the local people's congresses and local people's Governments at various levels, and of the People's Republic of China Law on administrative supervision, the
    People's Republic of China Law on civil servants and the party and Government leading cadres and other relevant provisions of the provisional regulations on the resignation, these measures are formulated.
    Second article this approach by said administrative organ led asked accountability, is refers to City Government on belongs sector and district, and County (City) Government (following referred to administrative organ) main head not perform or not right perform statutory duties, led its led of organ (System) Decree not Chang, and order chaos, and effectiveness low, damage public interests and administration relative people lawful rights and interests of of behavior, in accordance with this approach be asked and held responsibility.
    Municipal Government departments mentioned in these measures refers to municipal departments, directly under the body, municipal people's Government departments agencies, the offices of the deliberation and coordination agencies and institutions directly under the municipal government with administrative functions, agency of the municipal government.
    Article these measures apply to municipal people's Government departments and district and County (City) people's Government presided over key principal or Deputy (hereinafter referred to as the administrative leader) accountability.
    Fourth administrative leaders should strictly carry out laws and regulations provided for by the law of responsibility and municipal responsibilities, and earnestly fulfill the work assigned by the municipal people's Government, and consciously accept the supervision and strictly by law.
    The fifth article of the approaches implemented by the municipal administrative supervision departments. Sixth article administrative organ has following case one of of, should on its administrative led asked accountability: (a) no due reason failed to regular completed City Government determine by its bear of work task of; (ii) not right implementation superior organ law made of decision and deployment, to public interests, and administration relative people lawful rights and interests of, and national property caused serious loss or effect Government overall work deployment of; (three) violation provides for decision, occurred major decision errors of; (four) illegal set or implementation administrative license, and administrative punishment , And administrative career sex charges or administrative forced measures, caused bad social effect or serious consequences of; (five) not according to about provides and requirements established sound security work regulations, and developed burst public event emergency plans of; (six) occurred heavy King burst public event Shi concealed, and lied about, and late reported, or not according to related legal provides, and superior requirements and reality timely, and properly, and effective processing and organization about rescue work of; (seven) on public security, and safety regulatory poor, Or found hidden Hou not take measures processing or measures poor, appeared major accident or caused bad social effect of; (eight) illegal intervention market activities, and on disrupt market order behavior regulatory poor or condoned, and shield of; (nine) interception, and stranded, and crowding out or misappropriated financial special funds and Government escrow funds of; (ten) in decided capital project of project, and design, and construction, and production, work in the caused major errors of; (11) violation provides arrangements using financial, and State-owned assets,
    Caused funds waste or State-owned assets loss of; (12) for neglect management, and disposal improper led public interests, and administration relative people lawful rights and interests of suffered serious damage or caused bad social effect of other case; (13) this sector efficiency low, service quality poor, masses reflect strongly of; (14) on masses reflect strongly of problem not timely solution and improved, raised group event or on group event disposal improper caused contradictions intensified, effect social stable of;
    (15) decision errors in administrative litigation lawsuit or specific administrative acts in administrative reconsideration changed causes losses to the State; (16) refusal to implement court decisions in administrative cases, decisions or administrative supervision departments, the Audit Department, of the decision taken by the administrative reconsideration organ.
    Acts of Administration other than these measures, resulting in serious consequences or negative social impacts, should be accountable to the Executive, in accordance with these measures of accountability. Seventh article administrative led has following case one of of, should on its asked accountability: (a) violation provides leak national secret or by master of work secret of; (ii) using work of will master of not public information for himself or relatives seek interests of; (three) on this administrative organ of disciplinary, and violations hide not reported, shield, and shield, and condoned of; (four) inspired, and directed, and condoned this sector staff fraud or block, and intervention, and against supervision check or case investigation, and on case people, and report people, and
    Of an accused person, witness retaliation.
    Executive direction other than these measures, resulting in serious consequences or negative social impacts, should be accountable to the Executive, in accordance with these measures of accountability.
    Eighth article city administrative monitored sector found administrative organ and administrative led has this approach sixth article, and seventh article case of, or according to following asked accountability information, can to Mayor proposed asked accountability recommends, by Mayor started asked accountability program; Mayor found administrative organ and administrative led has this approach sixth article, and seventh article case, or according to following situation, can decided started asked accountability program: (a) citizens, and corporate or other organization signature of with related evidence material of report, and charged material; (ii) superior led organ of indicates, and instructions;
    (Three) NPC representative, and CPPCC members proposed of asked accountability recommends; (four) trial organ, and prosecutorial organ proposed of asked accountability recommends; (five) audit, and government legal, and Government Chief Inspector, sector proposed of asked accountability recommends; (six) sector work assessment results or performance assessment results; (seven) news media exposure of material; (eight) Deputy Mayor, and Secretary-General proposed of asked accountability recommends; (nine) other reflect sector or administrative led exists asked accountability case of material.
    Nineth accountability program is started, the mayor or Mayor Deputy Mayor may order to be entrusted to be accountable to the executive leadership report, administrative supervision departments, and entrusted the investigation to verify.
    Tenth of Municipal Administration Department in accordance with instructions from the Mayor, investigation team should be established, and in accordance with the People's Republic of China on administrative supervision law on rights and procedures for conducting investigations.
    Surveyed departments and administrative leaders in the survey at the same time, positive measures should be taken to rectify the errors or changes in work situations, recover their losses, reduce adverse effects.
    11th members of the investigation team and intends to be accountable to the executive leadership has an interest, may affect the impartiality of treatment, it shall be implemented to avoid.
    12th in the survey process, the proposed shall be accountable to the executive leadership group to provide a written description of the survey.
    Relevant departments and personnel shall be to assist in investigations of the research group.
    Block intends to be accountable to the executive leadership of the investigation or intervention, the Group drew attention to the municipal people's Government in accordance with the relevant provisions of the suspension to be accountable executive duties. 13th investigation to verify the work should be completed within 30 working days, and submit a written report to the Mayor.
    Investigation report should include accountability for specific facts, whether the basic conclusions and specific recommendations for accountability.
    Article 14th investigation group of investigation's findings of fact should be material and be verified by the Executive direction of the investigation, administrative leadership of the investigation the reasonable views should be adopted, if necessary, may make additional investigations; being investigated administrative leadership is not reasonable opinions, facts should be made according to the instructions.
    Executive leadership should sign on the facts of the investigation, refusing to sign comments, group indicated on the facts of the investigation.
    15th Mayor after receiving the report, shall be submitted to the Standing Committee of the municipal people's Government discussed within 15 working days, take accountability or no accountability decisions.
    Standing Committee of the municipal people's Government decision on the proposed accountable executive leadership accountable manner by the municipal administrative supervisory authorities written notice be made accountable administrative leadership and informed of his right to apply for review, review.
    16th administrative leadership accountability, accountability in the following ways: (a) order the rectification, (ii) order the written examination; (c) informed criticism; (d) the adjustment to work; (v) be ordered to resign; (f) the recommendation of demotion or removal from Office.
    A responsibility of this section can be individually or jointly.
    Paragraph a of this article paragraph (iv), (v) and (vi) accountability, in accordance with administrative permissions and prescribed procedures. 17th accountability of executive accountability resigned before the commencement of proceedings, not in accordance with these measures of accountability.
    In accordance with the laws and regulations shall be investigated for other responsibilities, according to the laws and regulations of regulations.
    Executive direction of the accountability for breach of disciplines should be given administrative sanctions, dealt with by administrative supervision departments in accordance with the relevant provisions and procedures; alleged breaches of party discipline, transferred to the party's discipline inspection organs dealt with crime, transferred to judicial organs for handling.
    18th against the leadership, accountability or no accountability for decisions by the municipal administrative supervision departments to notify the proposed accountability instructions or recommended by the relevant organs or individuals.
    Article 19th accountability accountability of executive leadership is dissatisfied with a decision, he may, within 15 working days of receipt of the decision apply municipal people's Government to review.
    After the 20th municipal people's Government received an application for review, according to the contents of an application for review obliges Municipal Administration Department in the review report submitted within 7 working days, can also be formed investigation teams for review, and review reports submitted within 20 working days.
    21st article Mayor according to review or review report, respectively made following decided: (a) original survey report facts clear, evidence of, original asked accountability decided continues to implementation; (ii) original survey report basic facts clear, basic evidence, but plot weight has deviation of, can change held responsibility of way; (three) original survey report has major errors of, terminated original held responsibility of decided.
    22nd investigators abuse, malpractice, negligence, leading to major errors in the investigation report, shall, in accordance with the People's Republic of China on administrative supervision law and cadre management of permissions to administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.
    Article 23rd according to these measures after the executive accountability, accountability is in charge of the deputies or by the executive departments within the Department (room), district (City) Government departments or staff members as a result of may refer to this approach to accountability.
    24th municipal people's Government departments and district and County (City) people refer to this approach, the Department internal institutions, heads of the Government departments of the same level of accountability.
                                                                                                        25th article this way come into force on November 1, 2007.