Shaanxi Province Responsibility System Of Administrative Enforcement Approaches

Original Language Title: 陕西省行政执法责任制办法

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(On January 17, 2007 Shaanxi Province Government makes 118th, announced since on March 1, 2007 up purposes) directory first chapter General second chapter administrative law enforcement duties third chapter comments assessment fourth chapter responsibility held fifth chapter schedule first chapter General first article to specification administrative law enforcement behavior, strengthened administrative law enforcement responsibility, established responsibilities clear, and behavior specification, and supervision effective, and guarantees powerful of administrative law enforcement system, according to legal, and regulations and State of about provides, combined this
    Province, these measures are formulated.
    Second administrative law enforcement responsibility in these measures refers to administrative law enforcement organs at all levels to protect the laws, regulations and rules correctly and effectively implemented, in accordance with the statutory responsibility to establish the exercise of administrative enforcement of terms of reference, and take on responsibility system of administrative law enforcement.
    Article within the administrative area of the province of the people's Governments above the county level and their administrative bodies, as well as laws and regulations authorized by the law enforcement agencies and administrative organs in accordance with the Commission's law enforcement organization (hereinafter the "administrative law enforcement organs"), in accordance with the provisions of the measures implementing responsibility system of administrative law enforcement.
    Fourth above the county level shall exercise leadership responsibility system for administrative law enforcement work in their respective administrative areas.
    Rule of the people's Governments above the county level body organization-specific implementation of responsibility system of administrative law enforcement, coordinate and guide the administrative, personnel, monitoring and establishments of departments in accordance with their respective terms of reference working in charge of administrative law enforcement responsibility.
    Administrative law enforcement agencies leading the organ and the administrative law enforcement responsibility system of administrative law enforcement agencies working under the direction of administrative law enforcement responsibility system for administrative law enforcement work.
    The vertical management departments lead the work of the system of administrative law enforcement responsibility.
    Article fifth administrative law enforcement responsibility, to adhere to the terms of reference of the law, in line with, the principle of responsibility and the punishment appropriate.
    Chapter II administrative law enforcement responsibilities article sixth administrative law enforcement organs at all levels should conscientiously perform the duties described laws, regulations, rules, in accordance with the statutory powers and procedures in administrative law enforcement activities.
    Seventh administrative law enforcement organs shall, in accordance with the regulations, to the bodies responsible for implementation, as well as with other organs of the Organization 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 laws, rules and regulations after the revision, amendment, repeal, administrative law enforcement organs should law enforcement powers, to make the appropriate adjustments in a timely manner. Article eighth administrative enforcement by law enforcement agencies, law enforcement, according to the local government audit is confirmed, on behalf of the Government to the public.
    Announced by the people's Governments above the county level shall determine. Administrative law-enforcement organs of this body should be down law enforcement powers, law enforcement responsibilities to the public.
    Announced way determined by law enforcement authorities. The Nineth administrative head responsibility system of administrative law enforcement.
    Executive head within the administrative area of the people's Governments above the county level administrative law enforcement to assume leadership of administrative law enforcement organs of the Executive Heads of the agencies administrative law enforcement to assume leadership.
    Tenth administrative law enforcement organs should improve law-enforcement procedures, uniform law instruments, standardizing law enforcement files, establishing laws, regulations, regulatory study information system, strengthening education, training of law enforcement personnel and management.
    11th law enforcement duty disputes between administrative law enforcement organs involving functions, resolved by the establishments of departments involved laws, rules, regulations, legal agencies coordinated by the Government to solve.
    Chapter III administrative enforcement evaluation is evaluation by the 12th Executive performance evaluation and evaluation of important content, combined with the annual evaluation carried out together every year. 13th article comments assessment of main content is: (a) administrative law enforcement subject qualification whether legal; (ii) administrative law enforcement terms whether decomposition implementation; (three) administrative law enforcement behavior whether meet law enforcement permission; (four) administrative law enforcement behavior finds facts, and applies legal whether accurate; (five) administrative law enforcement program whether legal; (six) administrative law enforcement decided of content whether legal, and appropriate; (seven) administrative law enforcement instruments whether unified; (eight) administrative law enforcement files whether full specification; (nine) administrative law enforcement complaints, and
    Reception, investigation and handling of the reported results (x) administrative enforcement decisions of administrative reconsideration and administrative litigation results and (11) other circumstances that require evaluation.
    14th administrative enforcement evaluation organizational evaluation, self evaluation and cross-check the method of combining peer review, to organize the evaluation.
    People's Governments at or above the county level evaluation bodies (Commission for examination or evaluation leadership group) responsible for evaluation the respective administrative law enforcement organs; evaluation body responsible for administrative law enforcement organs at all levels to their law enforcement bodies and administrative law enforcement personnel evaluation.
    The vertical management of administrative law enforcement organs, the upper-level administrative authority for evaluation, and to fully hear the views of local people's Governments.
    Institutions up to the level of people's Governments at or above the county level evaluation personnel, monitoring, legal system, institutions and other sectors.
    15th review body should be combined with different bodies, different circumstances and characteristics, clear evaluation of the content and standards, specific indicators for quantifying the content, development of evaluation work programme. 16th administrative enforcement evaluation by introducing an external review mechanism.
    Through the holding of seminars, to grant law enforcement review, establish public comment box, open law enforcement review telephone, monitoring councilors in schools, polls and other means, seriously listen to the views of the administration.
    External review to the administrative law enforcement organs and administrative law enforcement officials an important basis for final assessment.
    17th in the evaluation found that untreated illegal administrative enforcement actions should be confirmed by the evaluation unit or by evaluation personnel, and to transfer responsibility in accordance with this approach to hold corresponding responsibilities. 18th article administrative law enforcement comments assessment in the, found administrative law enforcement organ has following case one of of, shall not selection for advanced: (a) administrative law enforcement organ heads was held administrative law enforcement responsibility, or this organ has 5 passengers above was held administrative law enforcement responsibility of; (ii) violation this approach 19th article provides, was superior administrative organ informed criticism of; (three) administrative law enforcement behavior caused administrative reconsideration or administrative litigation, administrative reconsideration organ and trial organ finds the administrative law enforcement behavior illegal, made revoked ruling and proportion high of
    And (iv) external review in the lower level of satisfaction of the masses, or "success rating poor" activities was rated as poor. Fourth chapter responsibility held 19th article administrative law enforcement organ and administrative law enforcement personnel in administrative law enforcement activities in the has following case one of of, should held administrative law enforcement responsibility: (a) administrative law enforcement subject not legal of; (ii) beyond or abuse administrative terms of; (three) violation statutory program law enforcement of; (four) finds facts not accurate, applies legal according to errors of; (five) not perform or delay perform statutory duties of; (six) no administrative law enforcement documents engaged in law enforcement activities or illegal using administrative law enforcement documents of; (
    Seven) not using statutory charges, and fine, and confiscated property notes of; (eight) not implementation penalty paid separation provides and the unauthorized misappropriated or processing confiscated seized property of; (nine) not using unified law enforcement instruments format, law enforcement files not full, and not specification of; (ten) refused to, and delay superior administrative organ law made of administrative decided of; (11) refused to, and shuffle law should accepted, and investigation citizens, and corporate and the other organization on administrative law enforcement complaints, and reported of;
    (12) administrative enforcement decisions in force the administrative reconsideration decision or administrative judgments were identified in law or administrative compensation caused by change, cancellation and, (13) the laws and regulations of the other illegal administrative acts and regulations. 20th administrative illegal or improper acts of administrative enforcement of law enforcement authorities, by the people's Governments at the corresponding level, or the competent authority shall order rectification, give notice of criticism.
    On administrative law enforcement of responsibility people, according to following provides processing: (a) plot minor, and can active corrected, and against consequences smaller of, give responsibility people criticism education or canceled when appraisals advanced of qualification, and post training, and temporarily buckle administrative law enforcement documents of processing; (ii) plot serious, has deliberately illegal case of, on responsibility people give informed criticism, or out administrative law enforcement post, and collection administrative law enforcement documents of processing; caused bad consequences or major effect of, give warning or demerit, and remember than disposition;
    (C) the circumstances are especially serious, resulting in significant loss or compensation, for demotion or dismissal of those responsible; a suspected crime, transferred to the judicial authorities to investigate and punish. 21st article administrative law enforcement responsibility, according to following provides divided: (a) administrative law enforcement personnel directly made of specific administrative behavior caused administrative law enforcement illegal or improper of, by the administrative law enforcement personnel bear all responsibility; (ii) by administrative law enforcement organ head audit, and approved made of specific administrative behavior illegal or improper of, by hosted institutions head, and administrative law enforcement organ head bear main responsibility, hosted personnel bear secondary responsibility, hosted personnel deliberately hide facts truth or provides of case false, Hosted institutions head, and administrative law enforcement organ head according to false case for audit, and approved, caused administrative law enforcement illegal or improper of, by hosted personnel bear main responsibility, hosted institutions head, and administrative law enforcement organ head bear secondary responsibility; (three) hosted institutions head, and administrative law enforcement organ head directed or inspired hosted personnel hidden evidence, and change case facts or illegal case caused administrative law enforcement illegal or improper of, by hosted institutions head, and administrative law enforcement organ head bear main responsibility,
    Employees bear secondary responsibility; (d) the administrative law enforcement organs decided collectively caused by a specific administrative act undertaken by administrative enforcement of illegal or improper, borne by the administrative law-enforcement organs primarily responsible primarily responsible, other principals and employees bear secondary responsibility; (e) adhere to the correct personnel opinions had not been adopted is not responsible. 22nd administrative accountability for law enforcement authorities administrative enforcement law, irregularity or omission should be checking, and the date of filing the reviewed in the 30th over, make a decision of administrative law enforcement responsibility.
    Complex, subject to the approval of the accountability of Heads of law enforcement, and may extend the review period, but the extension period shall not exceed 20th.
    23rd administrative law enforcement responsibility of those responsible need to be given administrative punishments, cadre management authority for the appointment and removal, monitoring authorities removing responsibility for administrative law enforcement qualifications, to withhold or collect law enforcement documents, give notice of criticism, post training, cancel rating advanced qualification, by its competent authorities or Government legal agencies.
    Accountability authorities before making a decision, should listen to be held accountable and the person to defend themselves. 24th levels of people's Governments and the administrative law-enforcement organs at all levels shall, in accordance with the regulations administrative enforcement of those obligations in a timely manner, refusing to hold, competent authorities have the power to instruct the relevant authority 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. 25th administrative law enforcement organs and administrative responsibility and refuses to accept the decision by law enforcement officials, from the date of receipt of the decision on 15th to the accountability within the local government or administrative authorities to apply for a review at a higher level.
    Authority shall review at the 30th accepting the review decision, with a copy to the original.
    During the review, did not stop the implementation of the original decision.
    26th the administrative law enforcement accountability to citizens, legal persons or other organizations complained, administrative law enforcement responsibilities of those reported cases of illegal administrative acts, whistle-blower complaints should be informed of the results, and have a significant impact, results should be announced to the public. 27th authorities responsible for administrative law enforcement accountability and their staff should be impartial, objective and fair, not horizontal.
    For abuse of power, favoritism, retaliation and negligence, monitored by their competent authority or authorities shall be given administrative sanctions in serious cases, suspected of a crime, and transferred to the judicial authorities to investigate and punish.
                                                                                              Fifth chapter supplementary articles article 28th of the measures take effect on March 1, 2007, November 16, 2002, issued by the provincial people's Government of the implementation measures for administrative law enforcement responsibility, Shaanxi Province, abolished at the same time.

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