Implementation Measures For The Responsibility System For Administrative Law Enforcement In Urumqi

Original Language Title: 乌鲁木齐市行政执法责任制实施办法

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(July 30, 2006, the city of Urumqi people's Government at the 42nd Executive meeting on September 15, 2006 the Government of Urumqi announced as of October 16, 2006, 79th), first to standardize the administrative law enforcement, supervising the administrative organs in accordance with the exercise of administrative authority, promoting administration according to law, maintain the legal rights and interests of citizens, legal persons and other organizations, in accordance with the regulation on the implementation of the responsibility system of administrative enforcement of Urumqi city, number of observations, and the administrative law enforcement regulations
    And other laws and regulations, combined with the city's actual, these measures are formulated.
    Second article this approach by said administrative law enforcement accountability is refers to levels administrative law enforcement organ, legal, and regulations authorized of organization and administrative organ according to legal, and regulations and regulations delegate exercise administrative law enforcement functions of Organization (following referred to administrative law enforcement organ) in accordance with statutory of management permission, put legal, and regulations and regulations provides of statutory duties step by step decomposition to the law enforcement post, clear responsibility people, established sound corresponding system, and for supervision, and assessment, and rewards and punishments of a responsibility system.
    Third, administrative law enforcement organs, the establishment and implementation of responsibility system of administrative enforcement procedures apply. Fourth administrative enforcement evaluation shall strictly abide by the objective and principles of openness, fairness and justice.
    Evaluation standards, processes and results to the public.
    Article fifth municipal leadership responsibility system for administrative law enforcement in the city, and the district (County) Government, economic development zone, development zone management committee and the municipality belongs to the administrative law enforcement responsibility system for administrative law enforcement supervision, examination and evaluation.
    Area (s) shall exercise leadership responsibility system for administrative law enforcement work in their respective administrative areas, and belongs to the administrative law enforcement responsibility system for administrative law enforcement supervision, examination and evaluation.
    Economic and technological development zones and high-tech industrial development zone management committee leadership responsibility system for administrative law enforcement work within their respective jurisdictions, and subordinate departments implement the responsibility system of administrative enforcement monitoring, inspection and evaluation.
    Administrative law-enforcement organs within the scope of their statutory duties in the implementation of the implementation of the responsibility system for administrative law enforcement.
    Sixth of municipal, district (County) of legal institutions is under the people's Governments at the corresponding level implementing the responsibility system for administrative law enforcement supervision, examination and evaluation of working bodies.
    Economic and technological development zones and high-tech industrial development zone management Committee of legal institutions is its subordinate departments implement the responsibility system for administrative law enforcement supervision, examination and evaluation of working bodies.
    Administrative law enforcement organs are rule of law institutions of the Authority implementing responsibility system of administrative law enforcement agencies.
    Seventh administrative law enforcement organs should establish and implement the leadership responsibility system for administrative law enforcement system, strengthen organizational leadership on responsibility system for administrative law enforcement work, set up a leading group for administrative law enforcement responsibility.
    Administrative law enforcement organs should be drawn up in the first months of the year in this year's administrative law enforcement accountability work plans, the level of Government for the record.
    Article eighth administrative law enforcement organs should establish a system of legal publicity, publicity of relevant laws, rules and regulations, increase of citizens, legal persons and other organizations awareness and consciousness of law, usage.
    Administrative law-enforcement organs of citizens, legal persons and other organizations on the subject of administrative law enforcement Advisory should be timely and accurate answers. The Nineth administrative law enforcement responsibility system should be established by law enforcement agencies.
    Enforcement based on the regular combing to this body, statutory authority, law enforcement responsibilities are broken down to specific law enforcement agencies and law enforcement positions.
    Tenth administrative law-enforcement agencies to develop normative documents must conform to the Constitution, the laws, regulations and local laws, government regulations, uphold the rule of unity must be in close connection with reality, strengthen the research and feasibility studies, enhance the operability of the normative documents.
    Administrative law-enforcement organs of normative documents, should be required to submit a review on the right to the next higher level for the record. 11th administrative law enforcement agencies should carry out the law enforcement system.
    Announced to the public the basis for law enforcement, conditions, scope, authority, responsibilities, timelines, procedures, and so on. 12th administrative organs shall establish a system of training of law enforcement personnel.
    Develop training and assessment programmes for law enforcement personnel, and improve the quality of law enforcement personnel.
    13th administrative law enforcement organs should implement document management system, administrative law enforcement documents, receive, use and recovery of work and establishment of administrative law enforcement personnel files.
    Law enforcement officers before applying for law enforcement, subject to the legal Office of the comprehensive legal training or examinations.
    14th administrative law enforcement organs should establish and implement major administrative punishment record system. 15th administrative law enforcement agencies should carry out administrative enforcement system for assigning responsibility for misjudged cases.
    Administrative law enforcement organs and their personnel by illegal or improper administrative action to citizens, legal persons and other social organizations that cause damages, in accordance with the relevant laws and regulations to hold people responsible.
    16th administrative penalty payment of separation should be made by law enforcement agencies, provisions for administrative law enforcement and law enforcement personnel shall not be confiscated indicators may not be confiscations bonuses with law enforcement authorities.
    17th administrative law enforcement organs should establish a major administrative punishment and the hearing system of administrative licensing, to meet the conditions for a hearing, and shall inform the parties, the Parties apply for a hearing, the Chief law enforcement agency shall organize the hearing. 18th administrative law enforcement organs should be standard law enforcement instruments.
    The drawing up of case registration, investigation and evidence collection, approval and enforcement of the case file management system. 19th administrative law enforcement agencies should carry out punishments, licenses, reconsideration, litigation statistics reporting system.
    Administrative organization for law enforcement should annually on July 5 and the following January 5, six months of administrative reconsideration and litigation cases tables and major penalties, license reporting legal institutions. 20th system of administrative law enforcement agencies should carry out the evaluation. Daily evaluation combined with the annual appraisal. Through the file comments looks up the examination of administrative law enforcement and administrative law enforcement quality of law enforcement personnel.
    Regular or periodic appraisal for internal organizations, and law enforcement personnel, establishment of quality, measurements, evaluation of law enforcement files.
    Of administrative law-enforcement departments combine internal reviews and external reviews and listen to the views of the relevant administrative, through the holding of seminars, to grant law enforcement review, establish public comment box, opening review of law enforcement hotline, hired supervisory comments, polls and other means.
    21st administrative law enforcement organs should be required to report annually on the implementation of the laws, regulations and rules.
    22nd administrative law enforcement organs should set up complaints, reports and case return system, legally inadmissible complaints, reports people. Article 23rd should law enforcement agencies to report annually to the level of government legal agencies in the first quarter this year on the implementation of administrative licensing situation, including the implementation of administrative licensing matters concerning the availability, licensing, application results, applicant complaints or applying for administrative reconsideration, administrative litigation and its results, and so on.
    The report should be published on the Government Web site.
    24th annual administrative law enforcement authorities administrative check by November 30 of the year on the programme of work should be reported to the people's Government at the legal organization, legal entity shall verify in accordance with the principles of lawfulness, streamlining and coordination and approval prior to December 30 administrative law enforcement departments.
    The district (County) Government, administrative law enforcement responsibility system for administrative law enforcement organs should be work with the unit's annual combined objective management assessment, annual performance appraisal of civil servants. The 25th listen to the administrative law enforcement responsibility reporting, sampling, access to law enforcement files, conducting questionnaire surveys, check the relevant documents, and to be checked, and so on.
    Assessment results out.
    Score 91 points for good, passing 81-90, 61-80 is qualified, less than 60 points or less to be ineligible.
    26th article administrative law enforcement personnel should comply with following behavior specification: (a) loyal to national, comply with Constitution, and legal, and regulations and regulations; (ii) loyal to duty, strictly law perform duties, maintenance legal of dignity and Government of image; (three) listening masses views, maintenance masses interests, efforts serving; (four) conservative national secret, maintenance national of security, and honors and interests; (five) just clean, self-denying and public-spirited; (six) implementation corporate Shi manners dignified, instrument clean, terms civilization;
    (VII) other consciously accept supervision, social supervision and oversight. 27th article administrative law enforcement personnel shall not has following behavior: (a) spread lossy Government reputation of speech, organization or participation against Government of activities; (ii) negligence, bungle work; (three) on proposed complaints, and reported of citizens, and corporate and other organization for retaliates against; (four) corruption, and bribery or using terms for himself or others seek self-interest; (five) abuse, bewilders masses, violations citizens, and corporate and other organization of lawful rights and interests of; (six) leaked national secret,
    Violation of trade secrets and personal privacy; (g) the participation, support or cover up acts; (VIII) engage in or engaging in profit-making business activities; (IX) other violations.
    Article 28th of administrative law-enforcement departments to appraise the main contents include: (a) implement the responsibility system for administrative law enforcement organization and leadership and education; (b) the establishment and implementation of the responsibility system for administrative law enforcement, (iii) regularizing administrative enforcement activities; (iv) oversight of administrative law enforcement inspection.
    29th article administrative law enforcement accountability assessment can used following way for: (a) heard was assessment sector established and implementation administrative law enforcement accountability situation of reported; (ii) check out was assessment sector implementation administrative law enforcement accountability of about information; (three) checks administrative law enforcement files; (four) held administration relative people Symposium, consulting social from all walks of life of views; (five) on was assessment sector head and administrative law enforcement personnel for legal quality evaluation; (six) assessment organ determine of other way.
    30th article administrative organ has following case one of of, by superior administrative organ give informed criticism, and by superior administrative organ of legal institutions recommends has administrative sanctions right of organ law on first responsibility people and the about head give administrative sanctions: (a) not established and implementation administrative law enforcement accountability of; (ii) administrative law enforcement work in the exists serious illegal problem of; (three) on serious violations investigation poor of; (four) social from all walks of life reflect its law enforcement image poor of;
    (V) the supervision and inspection of work or by the fails to cooperate, fraud.
    31st administrative complaints has not been established by law enforcement agencies, to report and return system and legally admissible relative to the case complaint or information, in accordance with the relevant provisions shall be given notice of criticism.
    32nd administrative law enforcement personnel shall transfer, resignation, dismissal, retirement or for other reasons to leave jobs, administrative law enforcement authorities failing to recover administrative documents to the issuing authority, be ordered by the municipal people's Government legal agencies administrative law-enforcement departments to rectify, and shall be treated in accordance with relevant provisions.
    33rd annual inspection scheme for administrative law enforcement authorities are not reported to the people's Government at the legal audit coordination or has not been checked in accordance with the planned inspection, shall be subject to criticism.
    34th administrative law-enforcement agencies not to report annually to the level of government legal agencies in the first quarter this year on the implementation of administrative licensing situation, the implementation of administrative licensing matters concerning the availability, licensing, application results, applicant complaints or applying for administrative reconsideration, administrative litigation and its results; not published on the Government Web site, in accordance with the relevant provisions of law.
    35th administrative law enforcement personnel to the way one of the acts listed in article 26th, criticized by host authorities to grant education, post training processing or documents issued by administrative law enforcement organs to recover its administrative law enforcement documents, cancelled its law enforcement qualifications; the circumstances are serious, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 36th article on has illegal or improper administrative law enforcement behavior of administrative law enforcement sector, according to caused consequences of serious degree or effect of bad degree, specific situation, give deadline rectification, and informed criticism, and canceled appraisals advanced of qualification, processing; on about administrative law enforcement personnel, according to fault form, and against size, and plot weight, give criticism education, and post training, and out law enforcement post, and canceled law enforcement qualification, processing.
    Constitute a crime, criminal responsibility shall be investigated according to law.
    37th on the administrative law-enforcement departments of administrative enforcement of law in administrative reconsideration and administrative litigation is found illegal, invalid or changes, settings, and a higher proportion of may order rectification administrative law enforcement in serious cases, may give notice of criticism or to cancel the competition advanced qualifications.
    Article 38th of administrative law enforcement accountability assessment results are excellent, the municipal, district (County) shall be informed by subordination praised or rewarded in accordance with the relevant provisions.
    Responsibility system for administrative law enforcement failed to pass the examination results, ordered corrective action and informed criticism.
    39th test and scoring criteria enacted separately by the city's Legislative Affairs Office.
                                                                                                                        40th these measures shall come into force on October 16, 2006.

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