Key Benefits:
(Adopted by Order No. 293 of 14 June 2006 of the Government of the Northern Province of Lake Great Britain and Northern Ireland) Chapter I General Article 1, in order to prevent, reduce violations or misappropriation of administrative law and administrative omissions, guarantees that administrative law enforcement agencies and their staff are properly and efficiently implement administrative acts and promote the establishment of this approach in accordance with the provisions of the Law on Civil Service of the People's Republic of China, the National People's Republic of China Administrative Inspectorate Act. Article II of this approach refers to the responsibility to be assumed by administrative law enforcement agencies and their staff for violations of or inappropriate administrative law enforcement and administrative omissions, which undermine the legitimate rights and interests of the administrative relative or the mismanagement of the munitions, causing adverse or consequences. Article 3 applies to administrative law enforcement agencies and laws, legislative mandates and organizations entrusted by administrative law enforcement agencies in compliance with administrative law enforcement duties under the law (hereinafter referred to as executive law enforcement agencies) and their administrative enforcement responsibilities. Article IV is responsible for administrative law enforcement and upholds the principles of truth, integrity, accountability and misadjustment, punishment and education. Chapter II Scope of accountability for administrative law enforcement Article 5 (i) Applications for administrative licences consistent with the statutory conditions are inadmissible; (ii) No administrative licence application or grounds for administrative licence are provided by law; (iii) It is not possible to determine an administrative licence decision based on the application of administrative licences or beyond the statutory authority; (iv) Execution of administrative licences in violation of statutory procedures; (v) The payment of fees in violation; (vi) No public administrative licence basis, procedures, conditions and results; (vii) The transfer of administrative licences involving more than two sectors, without prompt and prompt coordination, the non-implementation or delay of each other or the transfer of other departments after the completion of the relevant procedures in the sector; (viii) Other violations of the administrative licence law, misappropriation of administrative licences and damage to the legitimate rights and interests of the administrative licensor and the owner. Article 6. The executive law enforcement agencies and their staff members shall be held accountable for administrative law enforcement when administrative charges and recruitment are carried out: (i) It is not possible to determine the basis for the collection and use of funds; (ii) To establish or increase expropriation, recruitment projects and to change the collection, scope and standards; (iii) Expropriation and requisition in violation of statutory procedures; (iv) The interception, private subordination or misappropriation of funds; (v) Other violations of the provisions of the collection, application. Article 7. The executive law enforcement authorities and their staff are one of the following cases when implementing administrative law enforcement inspections: (i) No inspection can be carried out on the basis of or beyond the statutory competence; (ii) There are no specific grounds, matters, content inspections; (iii) Conduct inspections in violation of the statutory procedures; (iv) Denouncing, devoting, delaying and refusing to perform inspection duties; (v) Exclusiveness, shelter, support, condonment, and failure to stop and redress the offences identified in the examination; (vi) Other violations of administrative law enforcement inspection provisions undermine the legitimate rights and interests of the administrative relative. Article 8. Administrative law enforcement agencies and their staff should be held accountable when administrative sanctions are imposed: (i) There is no legal, factual basis or administrative sanctions imposed by a statutory procedure; (ii) To assign administrative penalties for persons who do not have administrative law enforcement qualifications; (iii) The establishment of the type of punishment or changes in the level of punishment; (iv) In violation of the “removal punishment” provision, the penalty shall be repeated against the parties; (v) In violation of the provisions of “Criminal separation”, the imposition of a fine was not charged; (vi) The penalties imposed on the parties against the use of fines, forfeiture of property documents or for the use of fines imposed by illegal custom, forfeiture of property documents; (vii) Believing and punishing offences that should be stopped and punished; (viii) The transfer of criminal responsibility by the judiciary in accordance with the law; (ix) Other violations committed administrative penalties. Article 9. When administrative law enforcement agencies and their staff enforce administrative enforcement, one of the following cases should be held accountable: (i) It is not possible to impose administrative enforcement on the basis of law and beyond the statutory competence; (ii) Execution of administrative coercion in violation of the statutory procedures; (iii) The use, loss or damage of the property seized, resulting in loss to the relative administrative person; (iv) Other violations of administrative coercive provisions undermine the legitimate rights and interests of the administrative relative. Article 10 Administrative law enforcement agencies and their staff should be held accountable when performing their administrative review duties: (i) Applications for administrative review in accordance with statutory conditions are inadmissible; (ii) No application for administrative review shall be transferred by law; (iii) No administrative review decision within the statutory period; (iv) Decisions for administrative review of violations or inappropriateness. Article 11. Administrative law enforcement authorities and their staff should be held accountable when performing other administrative functions: (i) Violations of pooling, assessment costs and obligations of additional citizens, legal persons or other organizations in conflict with the law; (ii) To deny or delay the fulfilment of the statutory duties of citizens, legal persons or other organizations, such as the right to protection of their personal rights, property rights, in accordance with the law; (iii) Violations of the legitimate ownership of civil, legal or other organizations; (iv) Other violations that undermine the legitimate rights of citizens, legal persons or other organizations, and property rights. Article 12 Administrative law enforcement agencies and their staff should be held accountable for administrative law enforcement in the course of genuine administrative permits, administrative sanctions and administrative enforcement. Article 13 Administrative law enforcement agencies and their staff should be held accountable for administrative law enforcement when dealing with sudden public events, failure to perform emergency response duties in a timely or inappropriate manner. Article 14. Administrative law enforcement agencies and their staff shall be liable to administrative law enforcement, in addition to legal compensation or recovery, for infringement of their personal or property rights by citizens, legal persons or other organizations. Article 15 Administrative law enforcement agencies and their staff should be held accountable for administrative law enforcement when performing their duties. Chapter III Division of administrative law enforcement responsibility Article 16 distinguishes between the types of responsibilities of administrative law enforcement responsibilities: direct responsibility, key leadership and leading responsibility. Article 17, without the approval of the licensor, direct administrative handling decisions leading to violations or inappropriate administrative law enforcement and administrative misconduct, and the direct responsibility of the licensor. The failure of the custodian, the author, the author, the author, the author's failure to properly perform the duties of the review, approval, led to violations or inappropriate administrative law enforcement and administrative misconduct, and the direct responsibility of the custodian. Despite the approval of the licensor, the custodian does not review, approve matters and require the implementation of administrative procedures, resulting in violations or inappropriate administrative law enforcement and administrative misconduct, and the direct responsibility of the licensor. The programmes or observations of the holder of article 18 were wrong, and the licensor, the rator, the rator should be found to have been uncovered, or were found to have been corrected, leading to violations or inappropriate administrative law enforcement and administrative omissions, and the holder had a direct responsibility for the examination of the key leadership responsibilities of the holder and the approval of the principal responsibility for leadership. Article 19 examiners do not accept or change the right opinion of the custodian, and the author has authorized the occurrence of unlawful or inappropriate administrative law enforcement and administrative omissions, with the sole responsibility of the licensor and the primary responsibility of the author. Article 20 does not require the approval of direct decisions by the author, resulting in unlawful or inappropriate administrative law enforcement and administrative misconduct as a result of a direct responsibility of the author. Article 21, without the author's intention, the review, the author's decision directly or the author's approval does not adopt or change the proper opinion of the custodian, the licensor, resulting in a violation of or inappropriate administrative law enforcement and administrative misconduct and the direct responsibility of the author. The change of specific administrative acts by executive law enforcement agencies at the level of article 22, resulting in violations of or inappropriate administrative law enforcement and administrative misconduct, and the direct responsibility of the executive head. Article 23. Collective studies take decisions leading to violations or inappropriate administrative law enforcement and administrative misconduct, and the direct responsibility of decision makers. Article 24, which has led to unlawful or inappropriate administrative law enforcement by administrative law enforcement agencies and their staff members, should also be held accountable to the executive law enforcement responsible, in addition to the legal accountability of administrative law enforcement officials. Chapter IV Administrative enforcement accountability and application Article 25. The manner in which accountability for administrative law enforcement responsibilities is divided: (i) To caution against statements; (ii) A written inspection order; (iii) To inform criticism; (iv) Removal of prequalification for the year; (v) Excellence of awards; (vi) Suspension of law enforcement activities; (vii) Removal training or relocation of jobs; (viii) Administrative disposal. Article 26, in accordance with the gravity of the circumstances, the consequences and impact, acts of unlawful or inappropriate administrative law enforcement by administrative law enforcement officials and administrative omissions are classified as aggravating circumstances, circumstances and circumstances. Article 27, in the light of the circumstances, is accountable to the responsible person for the provisions of article 25, subparagraphs (i), (ii), (iii), (iv) and (v), of this approach. Article 28, in the light of the circumstances, gives the executive downgrading of the person directly responsible to the administrative downgrading below, may be held individually or jointly by the responsibility set out in article 25, subparagraphs (c), (iv), 5 (vi), (vii) and (vii) of this approach, by giving the principal lead responsibility, the executive secretary of the key lead responsibilities and the administrative dispositions of the following, with separate or consolidating the responsibility set out in article 25, subparagraphs (iii), (iv), (v), (vi), (vii) and (vii) of this approach. Article 29, in the case of serious circumstances, gives administrative dismissal to those responsible; gives executive heads with significant lead responsibilities for administrative downgrading and disposal, which does not grant administrative dismissal, consolidates the responsibilities set out in article 25, subparagraphs (iii), (iv), 5 (vi), (vii), (vii) and (vii) of this approach; assigns administrative responsibilities to those responsible for leading responsibility and for the administration of justice. Article 33 is one of the following acts by the administrative law enforcement holder and should be addressed again: (i) Restructuring and concealing information about significant administrative law enforcement responsibilities that are not reported or are not investigated; (ii) More than two cases of accountability for administrative law enforcement should be held within one year; (iii) Interference, obstruction and incompatibility with their administrative enforcement responsibilities; (iv) The prosecution of the complainant or the responsible officer against retaliation. Article 31 requires the executive law enforcement responsible to identify and correct errors in a timely manner, without causing loss or adverse impacts, and to be held accountable for administrative law enforcement. Article 3 is one of the following cases and does not hold administrative enforcement responsibilities: (i) Staff members of administrative bodies cannot be properly judged because of the administrative error; (ii) The occurrence of unlawful or inappropriate administrative law enforcement and administrative misconduct as a result of force majeure; (iii) Receiving accountability to identify new evidence after the determination of the facts and the underlying changes in the nature of the case, except for intentional concealment or omission of evidence; (iv) Other cases provided for by law, regulations and regulations. Article 33, which causes the consequences of State compensation for violations of administrative law enforcement, should also be held in accordance with the relevant provisions of the National Compensation Act of the People's Republic of China, in addition to the accountability of administrative law enforcement. The nature of administrative law enforcement responsibilities and their consequences are of particular gravity, constituting crimes and criminal responsibility by the judiciary. Article 33 fifteenth accountability for administrative law enforcement responsibilities is addressed in such a way as to reorganize deadlines, to inform criticism, to eliminate the pre-emptive qualifications. Chapter V Article 36 Governments and all branches of government should be rigorously accountable for administrative law enforcement in accordance with the terms of reference and statutory procedures. Departments such as personnel, inspection, are responsible for the administration of justice in accordance with their respective legislative mandates. The rule of law sector of the people at all levels is responsible for the supervision, coordination and accountability of administrative law enforcement. Article 337 Administrative law enforcement authorities should be held accountable for administrative law enforcement, and the superior administrative law enforcement authorities may be responsible for handling their cases, or decide directly in accordance with the management authority. Article 338 responsibilities for administrative law enforcement should be avoided by holding staff in the interest of administrative law enforcement responsibilities. Article 39, in line with the scope set out in chapter II of this approach, has one of the following cases and should be investigated in order to determine whether the person implementing the administrative act should assume administrative law enforcement responsibility: (i) The decision of the People's Court to rescind specific administrative acts; (ii) The decision of the executive review body to withdraw specific administrative acts; (iii) Complaints, prosecutions by citizens, legal persons or other organizations; (iv) Media exposure; (v) High-level authorities are required to investigate; (vi) Administrative law enforcement inspections determine that investigations are required. Article 40 Complaints, prosecution of citizens, legal persons or other organizations, and the accountability of administrative law enforcement shall be reviewed and decided upon within 7 days of the date of receipt of complaints, prosecution. Inadmissibility should be informed of the reasons for admissibility. Article 40 decides that the investigation shall be completed within 60 days of the date of the decision. The situation is complex and, with the approval of the head of the receiving body, 30 days may be extended. The law, legislation and regulations provide otherwise, from their provisions. Article 42, the complainant, the Prosecution, in the absence of a decision, or in the opinion that the complaints, prosecution may be made to the organ making a specific administrative act, by the superior administrative authority, the inspection department. Article 43 deals with administrative law enforcement responsibilities, with a clear complaint and the prosecution, and should inform the complainant and the prosecution. Article 44 responsibilities for administrative law enforcement may, within 30 days of the date of receipt of the decision, lodge a complaint with the organ dealing with the decision or its superior administrative authorities. The author of the complaint shall, within 30 days of the date of the receipt of the complaint, make a complaint-processing decision in accordance with the law. Article 42's decision to deal with those responsible for administrative law enforcement that are more serious and in circumstances should be accompanied by a management authority to be sent to their superior administrative authorities and to the same level of personnel, inspection, government rule of law. Annex VI Article 46 shall establish administrative law enforcement responsibilities in accordance with this approach by all levels of government and all branches of government. Article 47 |
