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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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(Act No. 118 of the People's Government Order No. 118 of 17 January 2007 on 1 March 2007)

Contents
Chapter I General
Chapter II Administrative law enforcement functions
Commentary
Chapter IV Accountability
Chapter V
Chapter I General
Article 1, in order to regulate administrative law enforcement, strengthen administrative law enforcement responsibilities, establish accountability, code of conduct, monitor effective and secure robust administrative enforcement systems, and develop this approach in the light of the relevant provisions of the law, legislation and the State Department.
Article 2 refers to the administrative law enforcement responsibility system established by executive law enforcement agencies at all levels to ensure the proper effective implementation of laws, regulations, regulations and regulations, and to the exercise of administrative law enforcement functions and the assumption of administrative law enforcement responsibilities in accordance with the statutory responsibilities.
Article 3: The Government of the above-ranking people within the province and its executive organs, as well as the law, law enforcement agencies and administrative organs authorized by the law (hereinafter referred to as “the executive law enforcement agencies”), and the executive law enforcement responsibility under the provisions of this approach.
Article 4
In particular, the authorities of the people at the district level organize the implementation, coordination and guidance on administrative law enforcement responsibilities within the current administration area, personnel, inspection, institutional development departments are responsible for the administration of justice in accordance with their respective mandates.
Administrative law enforcement agencies lead the administration of law enforcement responsibilities of this organ and the competent executive law enforcement agencies to guide the administration of justice at the lower level.
The executive enforcement responsibilities of the system are led by vertically managed sectors.
Article 5 imposes administrative law enforcement responsibilities and upholds the principle of legality, accountability, responsibility and punishment.
Chapter II Administrative law enforcement functions
Article 6. Administrative law enforcement agencies at all levels should perform their duties under the laws, regulations and regulations in a manner consistent with their legislative authority and procedures.
Article 7. The executive law enforcement body shall, in accordance with the provisions of this approach, organize law enforcement functions under the laws, regulations, regulations, regulations and regulations governing the implementation of the institution and in cooperation with other organs, enforce enforcement responsibilities on a case-by-case basis and implement law enforcement and law enforcement functions.
After the enactment of new laws or laws, regulations, amendments, amendments and repeals, the executive law enforcement authorities should adapt in a timely manner the law enforcement functions and the law enforcement responsibilities accordingly.
Article 8. The law enforcement body of the executive branch, the law enforcement, which is confirmed by the Government of the current people, should be made public in the name of the Government. The publication is determined by the Government of the people at the district level.
The executive law enforcement agencies should make the executive branch accountable to society for the implementation of the law enforcement functions. The publication is determined by the executive law enforcement agencies.
Article 9. Administrative law enforcement is governed by the executive head. The executive heads of the above-ranking people's governments assume leadership responsibility for administrative law enforcement in the current administration area; the executive heads of the executive branch of the executive branch are responsible for the administration of this body.
Article 10. Administrative law enforcement agencies should improve law enforcement procedures, harmonize law enforcement instruments, regulate law enforcement volumes, establish legal, regulatory, learning awareness-raising systems and strengthen the education, training and management of administrative law enforcement personnel.
Article 11. Law enforcement functions are disputed between executive law enforcement authorities, involving functional segregation, which is coordinated by the institution-building sector; legal, regulatory and regulatory provisions are addressed in coordination with the Government's rule of law institutions.
Commentary
Article 12 Administrative law enforcement review is an important element of the performance assessment of the executive branch and the conduct of civil service inspections, which are carried out annually in conjunction with the annual evaluation.
Article 13. The main elements of the review of the examination are:
(i) The legality of the qualifications of the subject matter of administrative law enforcement;
(ii) Does administrative law enforcement functions be implemented separately;
(iii) Administrative law enforcement is in compliance with the law enforcement authority;
(iv) The determination of facts by administrative law enforcement and the accuracy of the applicable law;
(v) The legality of administrative law enforcement procedures;
(vi) The legitimacy and appropriateness of the content of administrative law enforcement decisions;
(vii) The harmonization of administrative law enforcement instruments;
(viii) The integrity of administrative law enforcement files;
(ix) Administrative law enforcement complaints, the receipt of reports and the results of investigations;
(x) Administrative review and administrative proceedings of administrative law enforcement decisions;
(xi) Other needs to be reviewed.
Article 14. Administrative law enforcement evaluation is carried out by means of a combination of organizational appraisals, self-assessments and mutual evaluation to organize the evaluation.
The archaeological body of the people's government at the district level (the archaeological board or the archaeological team) is responsible for the conduct of an evaluation of the executive law enforcement agencies of the country, and the executive law enforcement agencies at all levels are responsible for conducting an evaluation of the law enforcement agencies and administrative law enforcement personnel.
Administrative law enforcement agencies that are vertically administered are evaluated by the executive authorities at the highest level and are fully consulted by the local people's Government.
People's government evaluation bodies should be attended by the level of personnel, inspection, the rule of law, institution-building.
Article 15. The evaluation body shall, in conjunction with the specificities and characteristics of different organs, different positions, make a clear assessment of the content and criteria of the examination, quantify the specific indicators of the various aspects of the examination and develop the evaluation of the programme of work.
Article 16 introduces an external review mechanism. The relative views of the administration were carefully heard, including through the holding of colloquiums, the issuance of a law-enforcement review card, the establishment of a public opinion box, the opening of a law enforcement review line telephone, the hiring of a sensorship and the conduct of a public opinion test.
The outcome of the external review will serve as an important basis for the final evaluation of the views of administrative law enforcement and administrative law enforcement officials.
Article 17 found untreated administrative law enforcement in the evaluation of the examination of the examination, which shall be confirmed by the evaluation unit or by the valuator, and shall be transferred to the accountability authority to hold a corresponding responsibility in accordance with this approach.
In the Administrative Law Enforcement Review (IPSAS), it was found that administrative law enforcement authorities had one of the following cases, and that they should not be considered as advanced:
(i) The Head of Administrative Law Enforcement Agencies is held accountable for administrative law enforcement, or more than five individuals are held accountable for administrative law enforcement;
(ii) In violation of article 19 of this approach, the superior administrative body is informed of criticism;
(iii) Administrative law enforcement acts give rise to administrative review or administrative proceedings, and the administrative review body and the trial body determine that the administrative law enforcement is in violation of the law and that the decision is withdrawn and proportionately high;
(iv) The low level of satisfaction of the public in external reviews or the “Everaging poor” exercise was seen as poor units.
Chapter IV Accountability
Article 19 In one of the following cases in administrative law enforcement activities, the executive law enforcement agencies and their administrative law enforcement officials should be held accountable:
(i) The subject of administrative law enforcement is not lawful;
(ii) Existence or abuse of administrative authority;
(iii) Law enforcement in violation of statutory procedures;
(iv) Determining that the facts are not accurate and that the legal basis is wrong;
(v) Failure to perform or delay the fulfilment of the statutory duties;
(vi) The use of administrative law enforcement documents in law enforcement activities or in violation of administrative law enforcement documents;
(vii) No royalties, fines and confiscation of property;
(viii) Execution of the provision of separation and unauthorized diversion or disposal of confiscation of property;
(ix) In the absence of a uniform law enforcement instrument format, law enforcement files are incomplete and non-standard;
(x) To reject, delay the administrative decisions of the superior administration in accordance with the law;
(xi) To deny, deferate in accordance with the law, to receive and investigate complaints of administrative law enforcement by citizens, legal persons and other organizations;
(xii) Administrative law enforcement decisions are found to be unlawful or altered in administrative review decisions or administrative proceedings in force;
(xiii) Other unlawful administrative acts under laws, regulations and regulations.
Article 20 The responsibilities for administrative law enforcement are addressed in accordance with the following provisions:
(i) The circumstances are minor and can be remedied, with less consequences, criticized for education by the responsible person or removed from the year's assessment of advanced qualifications, induction training, suspension of administrative law enforcement documents;
(ii) In serious circumstances, there are deliberate violations, criticisms of the responsible person or removal of administrative law enforcement positions, collection of administrative law enforcement documents, warning of adverse consequences or significant impacts, and excessive and systematic disposal;
(iii) In exceptional circumstances, causing significant loss or administrative compensation, giving the responsible person a reduction or removal of his or her functions, and the transfer of the judiciary to the extent that the offence was committed.
Article 21, Administrative law enforcement responsibilities, according to the following provisions:
(i) Specific administrative acts made directly by administrative law enforcement officials have resulted in administrative law enforcement or misappropriation, with the full responsibility of the administrative law enforcement personnel;
(ii) An administrative law enforcement authority responsible for the supervision, approval of specific administrative acts that are unlawful or inappropriate, with the principal responsibility of the head of the institution of the institution, the executive branch, the head of the executive branch, the subsidiaries, the intention of concealing the facts or the merits of the provision, the supervision, approval of the head of the institution, the head of the executive branch, the authority of the executive branch on the basis of the wrongfulness, resulting in administrative law enforcement or misappropriation, and the assumption of the primary responsibility of the head of the institution, the executive branch;
(iii) The head of the institution, the head of the executive law enforcement body shall refer to the concealment of evidence, the modification of the facts of the case or the misappropriation of the case, with the primary responsibility of the head of the institution of the institution, the head of the administrative law enforcement authority, and the secondary responsibility of the contractor;
(iv) Collective discussions by administrative law enforcement agencies on specific administrative actions that have resulted in administrative law enforcement violations or misappropriation, with the primary responsibility of executive law enforcement authorities and other heads and contractors assuming secondary responsibility;
(v) There is no responsibility for those who insist on the right of opinion.
In article 22, the executive law enforcement accountability body found that administrative law enforcement was in conflict with, inappropriate or inappropriate, and should be reviewed and closed within 30 days of the date of the submission, and administrative law enforcement accountability was held accountable. The situation is complex and, with the approval of the executive law enforcement holder, the duration of the review could be extended appropriately, but the extension period should not exceed 20 days.
Article 23 accountability for administrative law enforcement requires the administrative disposition of the responsible person, which is dealt with by the office of the Exemptory, the inspectorate in accordance with the competent authority of the Ministry of Management; the removal of the administrative law of the responsible person, its suspension or collection of administrative law enforcement documents, the provision of a briefing, the removal of probationary training, the removal of the higher qualifications and the specific treatment of its competent authorities or government rule of law institutions.
Prior to the decision to be taken by the responsible organ, the statements and the defence of the responsible person should be heard.
Article 24 Governments and executive law enforcement agencies at all levels should be held in a timely manner, in accordance with the provisions of this approach, to be held accountable for administrative law enforcement and not to be held, and the competent authorities at the highest level have the authority to hold the relevant organs accountable or directly accountable. The responsible organ shall take a decision within 30 days and report back-to-level proceedings within 5 days of the date of the decision.
Article 25 Administrative law enforcement and administrative law enforcement officials may apply for review within 15 days of the date of receipt of the decision. The organs that receive the review shall take a review decision within 30 days and shall be sent to the body in question.
During the review period, the implementation of the decision was not stopped.
Article 26 The accountability of administrative law enforcement should be brought to the attention of the public, legal persons or other organizations to the accountability of administrative law enforcement for complaints, reported violations of the administration of justice. The results should be communicated to the complaint, the reporting person, and the result should be made public in society.
Article 27 organs responsible for administrative law enforcement and their staff should be held in good faith, objective impartiality and not condoned. In cases of abuse of power, provocative fraud, revenge and maladjustment, the administrative disposition by its competent authorities or the inspectorate is governed by the law; in serious circumstances, the alleged offence is transferred to the judiciary.
Chapter V
Article 28 of this approach was implemented effective 1 March 2007 and was repealed in conjunction with the implementation of the administrative law enforcement responsibilities in the Province of the People's Government issued on 16 November 2002.