Key Benefits:
(Act No. 6 of 29 December 2005 of the People's Government Order No. 6 of the State, which came into force on 1 March 2006) Article 1, in order to effectively address administrative law disputes among executive subjects at all levels of the city, to establish and improve codes of conduct, operation coordination, accountability and clear administrative law enforcement systems, to promote the administration of the law and to establish this provision in conjunction with the relevant laws, regulations and regulations. Article 2 The executive subjects referred to in the previous paragraph include the executive organs with administrative law enforcement powers, as well as organizations authorized by law, legislation and regulations that manage the functions of public affairs. Article 3 Article IV. Administrative law enforcement coordination should be based on laws, regulations and regulations and taking into account the provisions relating to administrative normative documents. Conflicts between laws, regulations and regulations are governed by the National People's Republic of China Legislative Act. Legal, regulatory, and administrative normative documents stipulate that administrative law enforcement coordination should be carried out in accordance with the principles conducive to scientific, rationalizing administrative power and improving administrative efficiency and effectiveness. The scope of administrative law enforcement coordination includes the following cases in the performance of the duties of the executive subject: (i) Two or more administrative subjects have disputed the same matter with respect to the same matter, either in the opinion that the sector has or does not have a statutory management responsibility; (ii) Two or more administrative subjects consider that legal, regulatory, and administrative normative documents are not clear or incompatible with their functions; (iii) Two or more administrative subjects have statutory management responsibilities for the same matter or administrative offences and require coordination on matters such as law enforcement standards; (iv) The executive subject shall, in accordance with the law, assist, cooperate with the law enforcement activities of other executive subjects without the fulfilment or failure to effectively perform assistance and cooperate with the responsibility; (v) The executive subject shall be transferred in accordance with the law to administrative offences and not to be transferred, or if the relevant executive subject shall be admissible; (vi) Other matters requiring coordination. The following circumstances do not apply to this provision: (i) No question of the understanding and application of general administrative matters concerning legal, regulatory, and administrative normative documents; (ii) Dispute within an administrative subject; (iii) Disputes between the executive subject and the relative executive; (iv) There are other provisions for the coordination of administrative law enforcement disputes by law, regulations and regulations. Article 7. The coordination of disputes between the same district, district-level municipal executives in the implementation of laws, regulations and administrative normative documents is governed by the rule of law institutions of the local, district-level government. The executive branch of the State, the provincial executive subject of my city and the administrative subjects of my city are disputed in the implementation of the laws, regulations and administrative normative documents, and I are of the opinion that coordination is required and that the Government of the city is responsible for requesting clarifications to the provincial people. Article 8. In the event of the conditions set out in article 5 of this provision, the parties to the dispute shall be coordinated by law. Uncoordinated self-conclusively, any party's executive subject may bring the matter to the Government's rule of law bodies in writing. The correspondence brought to coordination should include matters of controversy, the relevant legal basis, the status of self- consulted and the observations of this unit. The Government's rule of law body considers that there are circumstances under article 5 of this provision, which can be coordinated with the initiative; Citizens, legal persons or other organizations believe that there are situations in which article 5 of this provision may be coordinated in writing with the Government's rule of law institutions. Article 9. The Government's rule of law bodies need administrative law enforcement coordination in cases falling under article 5 of this provision, and the relevant executive subjects should be sent to the relevant executive subjects the letter of administrative law enforcement coordination and related material; and to citizens, legal persons or other organizations that are not covered by article 5 of this provision should be informed of the coordination of the relevant executive subjects or recommendations. Article 10. Relevant executive subjects involved in administrative law enforcement coordination shall, within seven working days of the date of receipt of the letter of administrative law enforcement coordination, communicate the following material to the Government's rule of law bodies: (i) Information on coordination matters; (ii) Texts on laws, regulations, regulations or administrative normative documents; (iii) Observations on matters of controversy; (iv) Other relevant submissions to be submitted. The executive law enforcement coordination of the rule of law institutions of the Government should be held in coordination with the views of the relevant executive subjects, with the participation of the executive heads, and when coordination may involve changes in the functions of the executive subject, notification should be given to the preparation of the authorities. Article 12 (i) After coordination, the relevant executive subjects have agreed on matters related to the matter and, in writing, confirmed by the relevant executive subjects and with the consent of the current people's Government, have produced the Administrative Law Enforcement Coordination Opinion; (ii) After coordination, the relevant executive subjects were not able to reach agreement on matters related to which they were reported to the Government of the people. A party to the administrative law enforcement dispute relates to the Government's rule of law body, which is decided by the Government of the people at this level. Article 13 Administrative law enforcement coordination matters, as decided by the Government of the people at this level, should be carried out by the Government's rule of law institutions in accordance with the Government's relevant decisions. Article XIV, Administrative Law Coordination Comments and Administrative Law Coordination Decisions, which have been made effective since publication, should be implemented by the relevant executive subjects. The Administrative Law Enforcement Coordination Opinion and the Administrative Law Enforcement Coordination Decision should be sent to the relevant executive subject and to the development of competent authorities to determine the functions of the relevant executive subject, and should be implemented in accordance with the matters identified in the Administrative Law Coordination Opinion and the Administrative Law Enforcement Coordination Decision. The Government's rule of law bodies should also communicate the results in writing to the relevant proposer due to administrative law enforcement coordination arising from civil, legal or other organizations' recommendations. Administrative law enforcement coordination involves changes in the functions of the executive subject, and the relevant executive subjects should be made public to society in accordance with the provisions of the Public Rules of Information of the Government of Hiroshima. The Administrative Law Enforcement Coordination Opinion, produced by the Rule of Law Institutions of the Government, should be presented in the current Government case. Prior to the entry into force of Article 16, the Administrative Law Enforcement Coordination Opinion, the Administrative Law Enforcement Coordination Decision, the subject of the dispute shall continue to discharge its duties in accordance with the law. In the course of administrative law enforcement coordination, the Government's rule of law bodies have found problems in the administration of justice and should make observations or recommendations to the relevant executive subjects; studies should be organized in a timely manner on issues common to both or more administrative subjects to identify solutions or improvements. In the course of administrative law enforcement coordination, the Government's rule of law bodies were of the view that the provisions relating to laws, regulations or regulations were not clear or unreasonable and should be interpreted or proposed in accordance with the statutory procedures by the enacting body of such laws, regulations or regulations; and that the provisions relating to normative documents were not clear or incomplete and should be addressed in accordance with the relevant provisions of the management of normative documents. Article 18 Changes in the legal basis of the Administrative Enforcement Coordination Opinion and the Administrative Enforcement Coordination Decision, which should be carried out on the basis of the new legal basis, and in writing to the Government's rule of law institutions that have followed administrative law enforcement coordination; and administrative subjects are considered to generate new disputes, may initiate administrative enforcement coordination in accordance with this provision. Article 19 governs the irresponsible coordination of disputes by the executive subject or in coordination with the Government's rule of law bodies, with serious consequences for each other, by the executive inspectorate in charge of the administrative responsibility of the competent and other responsible personnel; and the transfer of criminal responsibility to the judiciary in violation of the criminal law. Article 20 of the Government's rule of law institutions oversee the implementation of the Administrative Law Enforcement Coordination Opinion and the Administrative Law Enforcement Coordination Decision. The executive branch does not implement the Administrative Law Enforcement Coordination Comments and the Administrative Law Enforcement Coordination Decision, which have entered into force, and the Government's rule of law bodies should report to the Government at this level, which is criticized by the Government and, if necessary, may issue an inspection order to the relevant executive subjects and recommend that the executive inspectorate hold administrative responsibility for the competent and other responsible personnel. Article 21 In the course of monitoring inspections, the authorities of the commune of the communes found that the Executive Law Enforcement Coordination Decision, the Administrative Law Enforcement Coordination Opinion, was wrong by the lower-level people's Government and its rule of law institutions, and that corrective recommendations should be made to the Government of the city. The Government's rule of law bodies have found that the relevant executive subject should be responsible for redress. Article 2 Article 23 |
