Advanced Search

Implementation Measures For The Administrative Law Enforcement Responsibility In Shaanxi Province

Original Language Title: 陕西省行政执法责任制实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Reviewed at the 16th ordinary meeting of the People's Government of the Province of Chungi on 16 November 2002, No. 87)

In order to clarify administrative law enforcement responsibilities, regulate administrative law enforcement, protect the legitimate rights and interests of citizens, legal persons and other organizations, establish integrity, integrity, practical and efficient administrative enforcement mechanisms, and develop this approach in line with relevant national legislation, regulations and regulations.
Article 2 of this approach refers to the system of work established by executive law enforcement agencies at all levels to ensure that laws, regulations, regulations and regulations are effectively implemented, and to assume administrative legal responsibility.
The approach refers to administrative law enforcement agencies, which are referred to by all levels of the people's Government and their respective executive departments and laws, regulations, regulations authorizing or commissioning administrative sanctions.
This approach refers to acts of administrative law enforcement by executive law enforcement agencies and their law enforcement officials in the performance of administrative law enforcement duties and administrative sanctions.
Article 3. Administrative law enforcement agencies within the territorial administration shall be governed by the provisions of this approach.
Article 4
Agencies responsible for the rule of law at the district level (hereinafter referred to as the Government's rule of law institutions) and the executive law enforcement agencies responsible for the rule of law (hereinafter referred to as the sectoral rule of law bodies), under the leadership of the Government of the people and the executive heads of the sector, specific organizations, implementation, guidance on the administration of justice responsibilities in the current administrative region, the sector and the system.
Article 5 The executive heads of administrative law enforcement agencies are the first responsible for the administration of justice in this sector and assume leadership responsibility for the administration of justice in this sector.
Article 6. The executive law enforcement organs shall follow the statutory principles of competence and, in accordance with the provisions of laws, regulations and regulations, shall declassify the administrative responsibilities of this sector to internal law enforcement agencies, implement them to administrative law enforcement officials.
The administrative law enforcement authorities are adapting to the administrative law enforcement responsibilities in this sector if they are revised, amended or repealed.
Article 7. Administrative law enforcement authorities shall carry out their duties under the statutory authority.
There is no law enforcement jurisdiction or controversy between executive law enforcement authorities, which should be resolved in consultation and should be reported to the Government of the same people or to the common top-level administrative authorities.
The local legislation or the regulations of the Government of the Provincial People are subject to interpretation by the People's Congress and its Standing Committee or the Provincial People's Government, and should be made available to the Government of the province on a case-by-step basis and be harmonized by the Ministry's Government's Rule of Law Office.
Article 8. Administrative law enforcement authorities should improve administrative law enforcement procedures in this sector in accordance with the provisions of laws, regulations and regulations. The laws, regulations and regulations provide for administrative law enforcement procedures, which should be strictly adhered to by administrative law enforcement authorities; laws, regulations and regulations do not stipulate that administrative law enforcement authorities should establish appropriate enforcement procedures in the light of their work.
Article 9. The executive law enforcement authorities should establish an administrative law enforcement alert system that would provide public regional indications on the basis of law enforcement, the scope of duties and the law enforcement process. Except as otherwise provided by law, legislation and regulations.
In relation to administrative approval, licence, registration, the conditions, procedures, deadlines, etc. should be published.
In relation to fees, charges should be published, standards and approval agencies.
Article 10. Administrative law enforcement authorities shall not require compliance with their obligations by citizens, legal persons or other organizations and shall not impose a fine on administrative law enforcement officials and shall not translate the performance of their statutory duties into paid services.
Article 11. In implementing administrative law enforcement, administrative law enforcement officials should comply with the relevant administrative law enforcement procedures, such as laws, regulations and regulations, and present effective law enforcement documents, such as the Administrative Law Enforcement Act of the Province of the Republic of China.
Article 12 Administrative law enforcement agencies should establish a system of reporting, complaints, publication of telephones and social oversight.
Reports, charges against citizens, legal persons and other organizations, and in addition to the lack of response conditions, the executive law enforcement authorities should respond within 15 working days within the statutory period, without the time frame.
Article 13 Administrative law enforcement agencies should seriously implement the accountability system for administrative law errors in this unit and be held accountable for the errors of administrative law enforcement officials in this unit.
Article 14. Administrative law enforcement authorities impose administrative penalties for complex or significant violations, and administrative penalties shall be reviewed by sectoral rule of law bodies and are available to the superior Government, the executive authorities' rule of law institutions within 30 days.
Under the leadership of the Government of the people at this level, the rule of law institutions of the Government are responsible for the specific implementation of the administrative law enforcement responsibilities in the current administration area, with the primary responsibility:
(i) Recognition by law of the subject of law enforcement in the administration sector;
(ii) Recognition by law of the scope and responsibilities of administrative law enforcement agencies;
(iii) Harmonization of disputes between administrative law enforcement authorities in the administration of justice;
(iv) The qualifications and review of administrative law enforcement personnel;
(v) The training of staff of administrative law enforcement and rule of law institutions;
(vi) Supervision of administrative law enforcement by administrative law enforcement agencies and law enforcement officials in accordance with the law;
(vii) The Government of the people at this level has commissioned a review of the implementation of administrative law enforcement responsibilities by executive law enforcement agencies of the current people's Government and the lower-level people's Government.
Article 16 of the Government's rule of law institutions, sectoral rule of law bodies should conduct inspections of administrative law enforcement in the current administration region, the sector and the system, and receive, investigate reports, complaints and correct specific administrative acts that are not lawful or manifestly inappropriate, in accordance with the statutory authority and procedures.
Article 17 is one of the following cases in the executive law enforcement body, who is accountable to the first responsibilities of the executive law enforcement agencies by the Government of more than the people at the district level or the superior administration.
(i) No targets for administrative law enforcement;
(ii) No person directly responsible for law enforcement;
(iii) Significant law enforcement violations committed by this organ.
Article 18 Administrative law enforcement agencies, administrative law enforcement officials are one of the following cases, and administrative responsibilities for executive heads of administrative law enforcement organs are held by the Government of the above-ranking people or the superior administration, with the direct responsibility of law enforcement officials, giving priority to education, induction training, relocating law enforcement positions, and eliminating enforcement qualifications. The law enforcement of administrative law enforcement officials violates administrative discipline, national legislation, legislation and regulations, respectively, by inspection, judicial bodies.
(i) Failure to perform statutory responsibilities, ultra vires law enforcement or criminal commission, causing confusion in administrative order;
(ii) Specific administrative acts taken by the executive review body or the People's Court;
(iii) Administrative penalties or administrative coercive measures are incompatible or inappropriate, causing the legitimate rights and interests of citizens, legal persons or other organizations to be harmed;
(iv) In violation of State provisions for the collection of property, assessment of expenses, labour or requirements for citizens, legal persons or other organizations to perform other unlawful obligations;
(v) The superior administrative authorities and their rule of law institutions have found law enforcement offences in administrative law enforcement oversight inspections;
(vi) There are other actions to be held by law.
Administrative law enforcement by administrative law enforcement officials leads to State compensation and should bear part or full compensation costs.
Article 19 Government rule of law institutions and sector rule-of-law institutions should conduct a review of the administrative law enforcement responsibilities of the Government of the province, in accordance with the administrative law enforcement responsibilities approved by the Government of the province, the executive law enforcement organs of the lower-ranking people and law enforcement agencies in this sector, and executive law enforcement authorities at the lower level.
The responsibilities for administrative law enforcement are reviewed by the Department of Personnel Administration in the Ministry of the Provincial People's Rule of Law, which is approved by the Government of the Provincial People's Government.
Article 20 of the State Department's office in Myungi is responsible for administrative law enforcement under this approach.
Article 21, this approach is implemented effective 1 February 2003.