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

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(The 16th Executive meeting of Shaanxi Province on November 16, 2002, Shaanxi Provincial people's Government announced, 87th) first in order to clear the Executive law enforcement responsibilities, standardize administrative law enforcement, protecting the legitimate rights and interests of citizens, legal persons and other organizations, to establish an honest, diligent, pragmatic and efficient administrative enforcement mechanism, in accordance with relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Second administrative law enforcement responsibility in these measures refers to administrative law enforcement organs at all levels for the protection of the law, regulations or rules set up correct and effective implementation of administrative law enforcement responsibility, bear the responsibility system of administrative law.
    Administrative law-enforcement organs mentioned in these measures refers to all levels of people's Governments and their administrations and law, regulations, rules and impose administrative penalties authorized or delegated organizations.
    Administrative law enforcement in these measures refers to the administrative law enforcement organs and their personnel to perform their administrative duties, the implementation of administrative punishments.
    Article III administrative law enforcement organs in the administrative area of the province, shall be in accordance with these measures provide for administrative law enforcement responsibility.
    The fourth people's Governments above the county level shall exercise unified leadership responsibility system for administrative law enforcement work in their respective administrative regions; Governments at all levels should implement the administrative law enforcement accountability and administrative law enforcement is included in the scope of work quality assessment.
    People's Governments above the county level responsible for legal affairs institutions (hereinafter referred to as the Government legal organization) and administrative bodies responsible for legal work of law enforcement agencies (hereinafter referred to as departments legal organization), respectively, the people's Governments at the corresponding level and administrative officer of the Department, under the leadership of specific organizations, implementation, guide the administrative structure, work in this sector, the system of administrative law enforcement responsibility. Article fifth heads of responsibility for administrative enforcement of administrative responsibility.
    Administrative law-enforcement agencies are the Executive Heads of the departments first responsible person for the administrative law enforcement responsibility, on administrative law enforcement responsibility to assume leadership in this sector.
    Sixth administrative law enforcement agencies shall abide by the terms of reference of the legal principle, in accordance with the provisions of the laws, rules and regulations, item-by-item breakdown of the Department of administration duties within the law enforcement agencies, the implementation of administrative law enforcement personnel.
    Administrative law-enforcement organs according to law, regulations and rules be revised, amended or repealed, administrative law-enforcement agencies of responsibility system of administrative law enforcement in this sector make the necessary adjustments.
    The seventh administrative law enforcement organs should perform their duties within the scope of their statutory functions.
    Law enforcement jurisdiction between administrative law enforcement organs is unknown or controversial, and should be resolved through consultation, cannot negotiate a settlement, shall be reported to people's Governments at the same level or common to the previous decisions by the Administrative Department.
    Administrative law enforcement organs enforce local laws or provincial regulations require provincial people's Congress and its Standing Committee or provincial Government explains, step by step to the provincial people's Government, Legal Affairs Office of the provincial governments through the integration. Eighth law enforcement authority shall, in accordance with the laws, regulations and administrative provisions of the regulations, perfecting the procedure of administrative enforcement in this sector.
    Laws, rules and regulations on the provisions of the administrative procedure, administrative law-enforcement agencies should strictly abide by laws, rules and regulations does not require the, administrative law enforcement organs should be based on practical work, to develop appropriate enforcement procedures. The Nineth executive law enforcement authority shall establish a system of administrative law enforcement, law enforcement Foundation, terms of reference, law enforcement procedures and other public signs in public areas in their office space.
    Except as otherwise provided by laws and regulations.
    Administrative examination and approval, license, registration, shall be released to handle the conditions, procedures and time limit, and so on.
    Involves fees, projects, standards and approval authorities announced.
    The tenth article violation of administrative law enforcement agency shall not require citizens, legal persons or other organizations to fulfil their obligations of administrative law enforcement personnel shall not be required indicator shall not discharge of statutory duties into paid services.
    11th administrative law enforcement personnel in the implementation of the administrative act shall abide by the laws, rules and regulations and other related administrative law enforcement procedure and produced, such as the Shaanxi Provincial Administrative law enforcement certificate law, effective law enforcement of regulations.
    12th administrative organs shall establish a system of reporting, complaints, announce calls, subject to public supervision.
    Reports and complaints of citizens, legal persons and other organizations, except do not have back conditions, administrative law enforcement organs should be respond within the statutory time limit, there is no deadline, shall reply within 15 working days.
    The 13th unit of administrative law enforcement organs should conscientiously implement the administrative law enforcement system for assigning responsibility for misjudged cases, fault liability to the unit administrative law enforcement be investigated.
    14th administrative law enforcement organs to complex or major administrative penalties for offences, the decision on administrative penalty shall be subject to Department legal review, and to the higher levels of Government, the Executive authority in the 30th rule filings. 15th article government legal institutions in this level Government of led Xia, is responsible for this administrative within administrative law enforcement accountability of specific implementation work, its main duties is: (a) Law confirmed administration sector of law enforcement subject qualification; (ii) Law confirmed administrative law enforcement organ of administrative law enforcement range and duties; (three) coordination administrative law enforcement organ in administrative law enforcement process in the of dispute; (four) is responsible for administrative law enforcement personnel of qualification audit, and review; (five) is responsible for and guide administrative law enforcement personnel and legal institutions staff of training
    (Vi) to supervise administrative law enforcement organs and acts of administrative enforcement of law enforcement personnel; (VII) commissioned by the people's Governments at the corresponding level of the people's Governments at the corresponding level of administrative law enforcement organs and lower level people's Governments implement the responsibility system for administrative law enforcement work for evaluation.
    16th government legal agencies, departments, legal institutions to respond to the Administration, the sector and the system of administrative law enforcement inspection, to receive, investigate and deal with the relevant reports, complaints, pursuant to statutory authority and procedures for illegal or correct obvious inappropriateness of the specific administrative act.
    17th administrative law enforcement organs have one of the following, or above the county level people's Government or the superior administrative departments administrative law enforcement responsibility of those responsibilities: (a) did not complete the objective of administrative law enforcement responsibility, (ii) directly responsible for illegal law enforcement have not been investigated; (c) the authority of a major law enforcement violations. 18th administrative law enforcement organs, administrative acts of administrative enforcement of law enforcement personnel have one of the following, from above the county level prosecuted administratively or superior administrative departments administrative responsibility of the Executive Heads of law enforcement agencies, directly responsible for law enforcement officers, depending on the seriousness of giving criticism and education, post training, out of law enforcement jobs, cancel qualification process.
    Administrative enforcement of law enforcement personnel in violation of administrative discipline, national laws and regulations, and monitored by, respectively, the judiciary investigation.
    (A) not perform statutory duties, and ultra vires law enforcement or illegal delegate, caused administration order chaos of; (ii) made of specific administrative behavior was administrative reconsideration organ or court revoked of; (three) administrative punishment or administrative forced measures illegal or improper, makes citizens, and corporate or other organization lawful rights and interests of suffered damage of; (four) violation national provides levy property, and assessed costs, and labor or requirements citizens, and corporate or other organization perform other non-statutory obligations of;
    (E) the higher administrative authorities and legal agencies in administrative law enforcement inspection found violations of and (vi) any other conduct should be investigated for responsibility.
    Executive action leading to State compensation administrative law enforcement personnel shall bear part or all of the damages.
    The 19th government legal agencies and departmental approval of rule of law institutions shall, in accordance with provincial responsibility system of administrative enforcement evaluation by way, of the people's Governments at the corresponding level belongs to the administrative law enforcement organs, the lower level people's Governments and the sector is headed by law enforcement agencies, lower administrative implementation of responsibility system of administrative enforcement of law enforcement agencies for appraisal.
    Responsibility system of administrative enforcement evaluation approach by the province's Legislative Affairs Office, the personnel administration Department development submitted to the provincial people's Government.
    20th State Council stationed in Shaanxi and unit in accordance with these measures the purpose of administrative law enforcement responsibility.
              21st article this way come into force on February 1, 2003.

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