Provisions Of Guangzhou Administrative Law Enforcement Coordination

Original Language Title: 广州市行政执法协调规定

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(December 29, 2005, Guangzhou City people's Government promulgated as of March 1, 2006, 6th) first in order to effectively address the municipal administrative disputes between administrative law enforcement, establish and improve the code of conduct, coordinated operation, power and responsibility system of administrative law enforcement, promoting administration according to law, in accordance with the relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Article about administrative subject in enforcing the law, regulations, rules and administrative coordination of normative documents in the course of disputes, and application of this provision.
    Administrative body referred to in the preceding paragraph includes an administrative law enforcement the right to executive bodies, as well as authorized by the laws and regulations to administer public affairs functions of the organization.
    Article city, district and County Municipal People's Government is responsible for the coordination of administrative enforcement legal institutions work.
    Fourth administrative law enforcement coordination should be based on the laws, regulations and rules, and with reference to the relevant provisions of administrative normative document.
    Laws, rules and regulations in accordance with the conflict between the People's Republic of China legislative act.
    Laws, rules, regulations and administrative provisions of the normative documents are not clear, administrative law enforcement coordination should be in accordance with the scientific and rational allocation of the Executive power, improve administrative efficiency and effectiveness of the guidelines.
    Fifth article administrative law enforcement coordination of range including administrative subject perform duties process in the occurred of following case: (a) two a or two a above administrative subject on same matters are think this sector has or not has statutory management duties and occurred dispute of; (ii) two a or two a above administrative subject think legal, and regulations, and regulations and administrative normative file and its functions about of provides not clear or on its understanding inconsistent of;
    (Three) two a or two a above administrative subject on with a matters or administrative violations are has statutory management duties, need on law enforcement standard, matters for coordination of; (four) administrative subject law should assist, and tie other administrative subject of law enforcement activities and not perform or failed to effective perform assist, and tie duties of; (five) administrative subject law should transferred administrative illegal case and not transferred, or transferred Hou about administrative subject should accepted and not accepted of; (six) other need for coordination of matters.
    Sixth article following case not applies this provides: (a) not involved on legal, and regulations, and regulations and administrative normative file of understanding and applies of General Administration Affairs dispute; (ii) a administrative subject internal of dispute; (three) administrative subject and administrative relative people occurred of dispute; (four) legal, and regulations and regulations on administrative law enforcement dispute of coordination has other provides of.
    Seventh of municipal administrative bodies, city administrative district, a city administrative bodies, different areas, county-level city between the administrative subject in enforcing the law, rules and regulations and disputes arising in the course of administrative normative document coordinated by the municipal people's Government legal agencies.
    Same district or county-level administrative bodies in the enforcement of laws, rules and regulations and disputes arising in the course of administrative normative document coordinated by the district and County Municipal People's Government legal agencies.
    National ministries and provinces posted the city's administrative body and city administrative subject in enforcing the law, regulations, rules and administrative disputes occurred in the normative documents, the city considered the need for coordination of the administrative subject, dealt with by the municipal people's Government is responsible to the provincial government for instructions. Article eighth of the circumstances prescribed in the article fifth, coordination of the parties to a dispute shall, on its own. Points out, any party to a dispute the administrative body can be written to the Government legal organization drew attention to the coordination.
    Drew attention to the coordination of official documents shall specify: controversial matters, the relevant legal basis, negotiate conditions, the unit's views, and so on.
    Government legal agencies believe that there the article fifth, coordination can take the initiative to citizens, legal persons or other organizations believe that there the article fifth, coordination may, in writing, to recommend to the Government legal organization.
    Nineth Government rule of law institutions governed by this article fifth provided the need for coordination of administrative enforcement shall be made to the relevant administrative body issued the notice of administrative law enforcement coordination and related materials do not fall within the circumstances prescribed in the article fifth, should inform drew attention to the coordination of the administrative body or recommendations of citizens, legal persons or other organizations.
    Tenth Article administrative law enforcement coordination involves of related administrative subject should in received administrative law enforcement coordination notice of day up seven a days within government legal institutions submitted following material: (a) on coordination matters of situation description; (ii) about legal, and regulations, and regulations or administrative normative file of text; (three) on dispute matters of views; (four) need submitted of other about material.
    The 11th government legal body for administrative law enforcement coordination, shall convene a coordination meeting and listened to opinions of the administrative body, and head of the administrative body concerned shall take part in coordination may involve administrative functions change, preparation of the participation of the competent Department shall be notified.
    12th article government legal institutions for administrative law enforcement coordination Hou, should by following situation processing: (a) by coordination, related administrative subject on about matters formed consistent views of, by related administrative subject written confirmed and reported this level Government agreed Hou, making administrative law enforcement coordination submissions; (ii) by coordination, related administrative subject failed to on about matters formed consistent views of, reported this level Government decided.
    Administrative law enforcement disputes involving the Government legal organization, decided by the people's Governments at the corresponding level.
    13th decided by the people's Governments at the corresponding level of administrative law enforcement coordination matters, government legal agencies shall, in accordance with the Government's relevant decision making, the decision of the administrative law enforcement coordination book, issued on behalf of the Government Executive.
    14th administrative law enforcement coordination submission and the decision of the administrative law enforcement coordinating entry into force from the date of publication of the book, on the subject should be implemented.
    Administrative law enforcement coordinating submissions should be sent to the written decision of the administrative law enforcement coordination and related administrative body as well as the preparation of the competent authorities, when preparing the authorities determine that the functions of the administrative body concerned, shall, in accordance with the administrative law enforcement coordinating submissions and the decision of the administrative law enforcement coordination implementation matters identified by the book.
    Arising from the recommendations of citizens, legal persons or other organizations administrative law enforcement coordination, and government legal agencies coordinate results should also be informed in writing about the proponents.
    By the administrative law-enforcement coordination involves changes in administrative functions, the relevant administrative body should be in accordance with provisions of the Guangzhou Municipal Government information disclosure to the public.
    15th Government produced by the legal entities of the opinion on the coordination of administrative enforcement shall be submitted to the Government for the record.
    16th article of the administrative law enforcement coordination comments on, but before the entry into force of decision of administrative law enforcement coordination, involving controversial administrative body shall continue to perform their duties according to law.
    17th the Government legal organization in the course of administrative law enforcement coordination, found administrative body in administrative law enforcement problems, comments or suggestions to the relevant administrative body; two or more administrative problems in common, shall organize the relevant departments to study, identify ways to resolve or improve.
    Government legal organization in the course of administrative law enforcement coordination, and considers that the laws, regulations or rules is unclear or incomplete, shall, in accordance with legal procedures to draw attention to the laws, regulations or rules of the enacting body to interpret or recommends changes; that the relevant provisions of normative documents is unclear or incomplete, should be dealt with in accordance with the relevant provisions of the normative document management.
    18th article of the administrative law enforcement coordination submission and the legal basis of the decision of the administrative law enforcement coordination changes, about administrative subject should be based on a new legal basis for implementation of administrative law enforcement coordination and inform in writing the original government legal agencies; the administrative body considers the new dispute may be filed separately in accordance with the administrative law enforcement coordination.
    19th about administrative subject to dispute points or not to draw attention to the Government legal organization coordination severe consequences of buck-passing, managers are held accountable by administrative supervision authorities and other responsible personnel of administrative responsibilities; having infringed the penal law, transferred to judicial organs for criminal prosecution.
    20th government legislative body is responsible for monitoring the submission of administrative law enforcement coordination and the implementation of the decision of the administrative law enforcement coordination.
    Administrative body does not implement the administrative law enforcement coordination, effective advice and of the decision of the administrative law enforcement coordination, and government legal agencies should report to the Government, informed criticism is given by the level of Government and, if necessary, may be issued to the relevant administrative body inspectors, and recommended that the monitoring authority for supervisors and other persons prosecuted administratively.
    21st municipal people's Government legal agencies should strengthen the coordination of administrative law enforcement in the city guide and supervision and inspection.
    Municipal Government rule of law institutions in the process of supervision and inspection, found that lower-level people's Governments and their rule of law institutions of the written decision of the administrative law enforcement coordination, opinion on the coordination of the administrative law enforcement errors and corrective recommendations should be submitted to the municipal people's Government for decision.
    Government legal agencies found that the administrative body points wrong, shall be ordered to correct.
    22nd municipal legal organization based on actual needs, establish detailed rules for the implementation of this provision.
                    23rd these provisions come into force on March 1, 2006.

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