当前位置:政府规章

Provisions of Tianjin Municipality on the Supervision of Administrative Law Enforcement

新闻日期: 2015-06-25    文章来源:

The People’s Government of Tianjin Municipality


Decree No. 9


Provisions of Tianjin Municipality on the Supervision of Administrative Law Enforcement


The Provisions of Tiajin Municipality on the Supervision of Administrative Law Enforcement was adopted at by the Municipal People’s Government at its 35th Meeting on August 1.2014 and is hereby promulgated. These Provisions shall go into effects as of October 1, 2014.


 


Mayor Huang Xingguo


Tianjin Municipal People’s Government


August 8, 2014


 


Provisions of Tianjin Municipality on the Supervision of Administrative Law Enforcement


 


Chapter I  General Provisions


 


Article 1  These Provisions are enacted in accordance with the relevant laws and regulations and in light of the actual conditions of this Municipality with the purpose of regulating the administrative law enforcement, strengthening supervision over administrative law enforcement, preventing and rectifying irregular and improper administrative acts, protecting the legitimate rights and interests of citizenry, legal person and other organizations.


Article 2  The term administrative law enforcement supervision mentioned in these Provisions refers to supervision over administrative law enforcement activities of a people’s government by the people’s government of the next higher level, of the affiliated departments by the people’s governments at all levels, of the affiliated department of a people’s government by the affiliated department of the people’s government of the next higher level.


Article 3  The Municipal People’s Government shall be in charge of the supervision over citywide administrative law enforcement, and district and county people’s government shall be in charge of the supervision over administrative law enforcement in the area under their jurisdiction.


The legal agency under the Municipal, district and county people’s government shall be in charge of the concrete work of supervision over administrative law enforcement in the area under their jurisdiction.


The working departments of the Municipal People’s Government shall be in charge of the supervision over administrative law enforcement in its own department and system. The legal agency under the working department shall be in charge of the concrete work of administrative law enforcement in its own department and system.


Article 4  The district and county people’s government shall supervise the administrative law enforcement acts of the administrative law enforcement department under direct leadership in the area under the jurisdiction of the said district and county government.


Article 5  The supervision shall follow the principle of seeking truth from facts, objectiveness and fairness, correcting the mistake wherever it is detected and shall supplement punishment with education, integrate supervision and inspection with improvement of the work so as to guarantee and promote the administrative law enforcement agency of all levels and the   administrative law enforcement functionaries to enforce the law in a strict, standardized, fair and civilized way.


Article 6  This Municipality shall set up in a gradual way, a unified two-tier platform of supervision over administrative law enforcement separately of the Municipal and the district and county level to practice supervision by way of checking the files of law enforcement, evaluating the quality of law enforcement, accepting accusation and complaints, conducting supervision through the entire process of law enforcement acts including pre-, during and post- law enforcement and facilitating the share of information between law enforcement departments and linking up these information and the credit system of enterprises.


Administrative law enforcement departments at all levels shall submit a report in a timely manner information concerning administrative law enforcement to the next higher department including administrative punishment, administrative coercive measures, records of administrative law enforcement.


Article 7  The operational expenses for supervision over administrative law enforcement shall be incorporated in the financial budget of the government of the same level.


 


Chapter II  The Contents and Requirements of Supervision


 


Article 8  The legal agency under the Municipal, district and county people’s government and the legal agency of the working department of the Municipal People’s government shall maintain supervision over the administrative law enforcement department in its implementing the laws, regulations and rules, performing statutory duties and the legality and fairness of their administrative law enforcement.


Article 9  The working department of the Municipal, district and county people’s government shall report every month to the people’s government of the same level on its administrative law enforcement work.


The working department under the Municipal People’s Government shall hear on a regular basis the report by the administrative law enforcement department of the same department and system on its administrative law enforcement acts.


Where one full year passes from the date when a law, regulation and rule is enacted, the administrative law enforcement department in charge of its implementation shall report to the people’s government of the same level in writing concerning the status of its implementation within 30 days.


Article 10  The functionary of the administrative law enforcement department that engages in law enforcement shall take the examination at the end of a administrative law                          enforcement training program. Anyone that passes the examination shall be granted the Tianjin administrative law enforcement certificate. Anyone that does not take part in the training program or fails to pass the examination may not engage in administrative law enforcement.


The administrative law enforcement functionaries must take part in legal training program at least 40 hours per year, whose contents include code of behavior, professional ethics, civilized law enforcement.


The administrative law enforcement department under relevant state ministry and commission that is in charge of granting administrative law enforcement certificate shall file a report to legal agency under the Municipal People’s Government on the performance of administrative law enforcement functionaries for the record.


Article 11  The administrative law enforcement department shall standardize the procedure of law enforcement, make detailed requirements for each part of the procedure, clarify the stage and steps of law enforcement so as to guarantee the fairness in the process of law enforcement. It shall also work out the standards for civilized law enforcement to ensure the rigorous, standardized, just and civilized law enforcement.


Article 12  The Municipal administrative law enforcement department shall, in accordance with the state and Municipal regulations, shall make a unified discretion benchmark of administrative law enforcement and perfect applicable rules after the implementation of the relevant laws, regulations and rules, which shall be strictly carried out by the administrative organization for law enforcement of the same department and system.


Article 13  The administrative law enforcement department shall, in accordance with relevant provisions, openly announce the basis, procedure of administrative law enforcement and discretion benchmark.


Article 14  The administrative law enforcement department shall, prior to making decisions concerning the suspension of production and operation, revocation of certificate or license, imposing a fine whose value requires a public hearing or the confiscation of property or articles whose value equals the fine value that requires a public hearing or concerning other major or complicated administrative law enforcement acts, have these decisions be examined and verified by the legal agency of the same department for its legality.


Failure to be examined or verified or irregularities are found in the process of the examination and verification in a particular administrative law enforcement act, the administrative law enforcement department may not decide to take that law enforcement act.


The administrative law enforcement department shall, after it has made the decision concerning administrative law enforcement, make a record of the information regarding the law enforcement in the administrative law enforcement supervisory platform and file the information to the legal agency of the people’s government of the same level for the record within 10 days after the decision is made.


Article 15  The administrative law enforcement department shall strictly implement the regulation of separation of fine money and surrendered money, and it may not set the target for administrative fines, may not damage, destroy, detain, pay by or distribute the confiscated property and material and the fees collected.


Article 16  Where the administrative law enforcement department finds that , in the process of investigate in accordance with law, the value of the money, situation and consequence involved in the irregularities constitutes a crime and requires investigation for criminal responsibilities, it shall transfer the case to the judicial department in accordance with the relevant regulation and in a timely manner. It may not replace criminal punishment by administrative punishment, may not conceal, distribute in private or destroy article involved in the case.


Article 17  This Municipality sets up a system of offering special explanations.


The administrative law enforcement department that bears responsibility of administrative punishment, administrative licensing that does not carried out a single act of administrative punishment or administrative licensing in a whole year, it shall explain the situation and give a reason to the people’s government of the same level and submit an evaluation on the basis of law enforcement.


Article 18  The administrative law enforcement department shall keep track of the record for administrative law enforcement, collect, in accordance with the requirements of the regulations, the materials recording the concrete law enforcement acts and file it, in accordance with regulations, in the administrative law enforcement supervisory platform and sort out, compile and file these materials to be put under unified administration.


The legal agency under the Municipal, district and county people’s government, the legal agency of the working department of the Municipal People’s Government shall, on a regular basis, organize check-up of the administrative law enforcement record and of the files of administrative law enforcement archives.


 


Chapter III Supervisory Procedure and Its Implementation


 


Article 19  The legal agency under the Municipal, district and county people’s government and the legal agency of the working department of the Municipal People’s Government shall fulfill the following supervisory duties and responsibilities over administrative law enforcement:


1.       Mapping out and implementing the relevant system for the supervision of  administrative law enforcement;


2.       Putting forward the plan of the supervision of administrative law enforcement and organizing its implementation;


3.       Handling irregularity or improper law enforcement acts;


4.       Guiding, urging and inspecting the department of the next lower level for the supervision of  their administrative law enforcement work; and


5.       Other duties and responsibilities prescribed by laws, regulations and rules.


In implementing the duties and responsibilities specified in the preceding paragraph of administrative law enforcement, if the case involves state secret, commercial secret or individual privacy, the department concerned shall keep it confidential for the unit or person involved.


Article 20  Citizenry or other organizations may accuse or complain against suspected irregularities in administrative law enforcement. The concrete way of accusation and complaint and the procedure of handling such cases shall be openly announced in accordance with the Measures of Tianjin Municipality for Accusing Irregularities in Administrative Law Enforcement ( Decree No. 3, 1998 of the Tianjin Municipal People’s Government).


Article 21  The legal agency shall, finding matters that require administrative law enforcement supervision through other means rather than accusation and complaints, decide to or not to accept the case within 3 workdays from the time when the case is found.


The administrative law enforcement supervisory case that the legal agency decides to accept shall be handled 30 workdays from the time when it is accepted and a decision be made thereof. Where the situation is special, the deadline may be extended 10 more days upon the approval of the responsible person of the legal agency. The result of the handling shall be relayed to the unit and persons concerned in a timely manner.


Article 22  The administrative law enforcement supervision shall be carried out in the following procedure:


1.       Sending a notice of administrative law enforcement supervision to the administrative law enforcement department concerned;


2.       The administrative law enforcement department shall, after receiving the notice of administrative law enforcement administrative law enforcement supervision, make a reply before the deadline prescribed by the notice to the legal agency that has issued the notice of administrative law enforcement supervision;


3.       Where the legal agency deems it necessary, it may, in the process of supervision, conduct supervision in accordance with the supervisory measures as prescribed in these Provisions; and


4.       Where the legal agency verifies after investigating the irregularities committed by an administrative law enforcement department and its functionaries, it shall issue a supervision decision to the administrative law enforcement department concerned.


Article 23  The administrative law enforcement department shall implement the supervision decision in accordance with the requirements. Where the administrative law enforcement department refuses to accept the supervision decision it may, within 10 workdays from the time of receiving the supervision decision, apply for a review of the case to the legal agency that has issued the supervision decision. The legal agency shall, 15 workdays from the date of receiving the review application make a decision on the review. The implementation of the administrative law enforcement supervision decision may not cease during the time of review.


Where the administrative law enforcement department neither applies for review of the administrative law enforcement supervision decision, nor implements it the legal agency may handle the case in accordance with the stipulations of Chapter IV of these Provisions.


Article 24  The legal agency under the Municipal, district and county people’s government and the legal agency of the working department of the Municipal People’s Government may, in the process of fulfilling their duties and responsibilities in administrative law enforcement supervision, take the following measures:


1.       Asking the administrative law enforcement department and its functionaries to account for and explain issues regarding the administrative law enforcement acts and provide written or video information, digital dada and computer technical files related to the administrative law enforcement acts;


2.       Making inquiries on functionaries of the administrative law enforcement, opposite party of administrative management and witnesses;


3.       Gathering files of the administrative law enforcement and the related accounts, receipts and evidence by means of collecting the original paperwork, original objects or by photocopy or photograph


4.       Entrusting the related agency to conduct evaluation, assessment or check-up


5.       Temporarily taking back the administrative law enforcement certificate in possession of the functionaries of the administrative law enforcement suspected of committed irregularities in administrative law enforcement;


6.       Transferring, in accordance with relevant provisions, the materials found in a case involving the responsible person to the supervisory or judicial department for irregularities in administrative law enforcement that deserve an investigation of administrative or criminal responsibilities in accordance with law; and


7.        Other measures as prescribed by laws, regulations and rules.


The related administrative law enforcement department and its functionaries shall cooperate with the administrative law enforcement supervisory department in their work and may not refuse or destroy and transfer the evidence.


Article 25  The legal agency under the Municipal, district and count people’s government shall supervise and inspect the administrative law enforcement in the locality in accordance with state and Municipal unified arrangement and the local conditions.


The legal agency of the working department of the Municipal People’s Government shall make special inspection and checkup over the administrative law enforcement in its own department and system.


The legal agency under the Municipal People’s Government shall make an annual random examination on the functionaries of the administrative law enforcement department for their mastery of legal knowledge and the administrative law enforcement business. Where a functionary fails the examination, one’s administrative law enforcement certificate shall be revoked.


Article 26  The legal agency under the Municipal People’s Government shall conduct statistics over the citywide administrative law enforcement situation.


The legal agency under district and county people’s government shall make statistics over the administrative law enforcement situation in their locality.


The legal agency of the working department of the Municipal People’s Government shall make statistics over the administrative law enforcement situation in its own system.


The legal agency under district and county people’s government and the legal agency of the working department of the Municipal People’s Government shall submit a report on the administrative law enforcement situation in their locality and system to the Municipal People’s Government on a quarterly basis.


Article 27  The legal agency under the Municipal, district and county people’s government may organize the relevant departments, opposite party of administrative management, or entrust a third party to make questionnaire survey, solicit comments, investigate the administrative law enforcement situation. The results of the investigation and the comments shall be taken as a reference for evaluating the administrative law enforcement situation of the administrative department under investigation.


The legal agency under the Municipal People’s Government may investigate, evaluate or examine the administrative law enforcement situation by means of special investigation and others of their own department or system.


Article 28  The dispute arising between the administrative law enforcement departments  in matter of administrative law enforcement shall be settled by the two sides through consultation.


Where no consensus can be reached through consultation, the dispute shall be submitted to the legal agency under the people’s government of the next higher level for settlement. Where consensus is reached, a settlement agreement on the law enforcement dispute shall be worked out by the legal agency. Where no consensus is possible through consultations, the case shall be submitted to the people’s government for arbitration.


The legal agency under the Municipal, district and county people’s government shall supervise the implementation of the arbitration.


 


Chapter IV  Supervision, Handling and Responsibility


 


Article 29  Where the administrative law enforcement department and any of its functionaries is suspected of irregularities in law enforcement act that has a major impact and produces adverse effects on society, the legal agency under Municipal, district and county people’s government may organize the public security bureau, auditing department to verify the facts and put forward a comment on settlement and submitted the comment to the people’s government of the same level for handling the case and making a decision.


Article 30  Where the administrative law enforcement and any of its functionaries violates of stipulations of Chapter II of these Provisions or commits irregularities or improper law enforcement acts, the legal agency under Municipal, district and county people’s government or the legal agency of the working department of the Municipal People’s Government shall order it or one to make corrections before a deadline. Where it or one refuses to make corrections at the expiration of the deadline, the agency shall criticize it or one by a circular and ask the people’s government of the same level to nullify the improper administrative law enforcement act.


Where it or one violates administrative discipline, the appointment and removal department and the supervisory department shall give the chief responsible person and the person directly involved a sanction in accordance with relevant regulations. As for the functionaries of law enforcement it may suggest the related department that it revokes one’s administrative law enforcement certificate and suggest that the unit one belongs to criticize one as a means of education, remove one temporarily from the post for training program or remove one from the law enforcement post.


Article 31. Where any functionary of administrative law enforcement commits any of the following acts, the legal agency under the Municipal People’s Government shall notify the legal agency of related district and county people’s government, or the legal agency of the working department of the Municipal People’s Government. Where one violates administrative discipline, the appointment and removal department or the supervisory department shall give sanctions to the administrator directly in charge or other persons directly involved in accordance with relevant provisions.


1.       Failure to execute supervisory duties and responsibilities;


2.       Committing irregularities in the process of fulfilling duties and responsibilities in supervising administrative law enforcement;


3.       Seeking selfish interest for one’s unit or oneself by abusing the powers of supervising administrative law enforcement; and


4.       Other acts that violate these Provisions.


 



Chapter V  Supplementary Provisions


 


Article 32  These provisions shall be applied mutatis mutandis to administrative supervision, administrative review, filing and examination of normative administrative regulations except in cases where it is otherwise stipulated in other laws, regulations and rules.


Article 33 These Provisions shall go into effect as of October 1, 2014. The Provisions of Tianjin Municipal Government on Legal Supervision promulgated on October 23, 1998 ( Decree No, 5, 1998, of Tianjin Municipal People’s Government) shall be abrogated simultaneously.


 


 


 


The People’s Government of Tianjin Municipality


Decree No. 9


Provisions of Tianjin Municipality on the Supervision of Administrative Law Enforcement


The Provisions of Tiajin Municipality on the Supervision of Administrative Law Enforcement was adopted at by the Municipal People’s Government at its 35th Meeting on August 1.2014 and is hereby promulgated. These Provisions shall go into effects as of October 1, 2014.


 


Mayor Huang Xingguo


Tianjin Municipal People’s Government


August 8, 2014


 


Provisions of Tianjin Municipality on the Supervision of Administrative Law Enforcement


 


Chapter I  General Provisions


 


Article 1  These Provisions are enacted in accordance with the relevant laws and regulations and in light of the actual conditions of this Municipality with the purpose of regulating the administrative law enforcement, strengthening supervision over administrative law enforcement, preventing and rectifying irregular and improper administrative acts, protecting the legitimate rights and interests of citizenry, legal person and other organizations.


Article 2  The term administrative law enforcement supervision mentioned in these Provisions refers to supervision over administrative law enforcement activities of a people’s government by the people’s government of the next higher level, of the affiliated departments by the people’s governments at all levels, of the affiliated department of a people’s government by the affiliated department of the people’s government of the next higher level.


Article 3  The Municipal People’s Government shall be in charge of the supervision over citywide administrative law enforcement, and district and county people’s government shall be in charge of the supervision over administrative law enforcement in the area under their jurisdiction.


The legal agency under the Municipal, district and county people’s government shall be in charge of the concrete work of supervision over administrative law enforcement in the area under their jurisdiction.


The working departments of the Municipal People’s Government shall be in charge of the supervision over administrative law enforcement in its own department and system. The legal agency under the working department shall be in charge of the concrete work of administrative law enforcement in its own department and system.


Article 4  The district and county people’s government shall supervise the administrative law enforcement acts of the administrative law enforcement department under direct leadership in the area under the jurisdiction of the said district and county government.


Article 5  The supervision shall follow the principle of seeking truth from facts, objectiveness and fairness, correcting the mistake wherever it is detected and shall supplement punishment with education, integrate supervision and inspection with improvement of the work so as to guarantee and promote the administrative law enforcement agency of all levels and the   administrative law enforcement functionaries to enforce the law in a strict, standardized, fair and civilized way.


Article 6  This Municipality shall set up in a gradual way, a unified two-tier platform of supervision over administrative law enforcement separately of the Municipal and the district and county level to practice supervision by way of checking the files of law enforcement, evaluating the quality of law enforcement, accepting accusation and complaints, conducting supervision through the entire process of law enforcement acts including pre-, during and post- law enforcement and facilitating the share of information between law enforcement departments and linking up these information and the credit system of enterprises.


Administrative law enforcement departments at all levels shall submit a report in a timely manner information concerning administrative law enforcement to the next higher department including administrative punishment, administrative coercive measures, records of administrative law enforcement.


Article 7  The operational expenses for supervision over administrative law enforcement shall be incorporated in the financial budget of the government of the same level.


 


Chapter II  The Contents and Requirements of Supervision


 


Article 8  The legal agency under the Municipal, district and county people’s government and the legal agency of the working department of the Municipal People’s government shall maintain supervision over the administrative law enforcement department in its implementing the laws, regulations and rules, performing statutory duties and the legality and fairness of their administrative law enforcement.


Article 9  The working department of the Municipal, district and county people’s government shall report every month to the people’s government of the same level on its administrative law enforcement work.


The working department under the Municipal People’s Government shall hear on a regular basis the report by the administrative law enforcement department of the same department and system on its administrative law enforcement acts.


Where one full year passes from the date when a law, regulation and rule is enacted, the administrative law enforcement department in charge of its implementation shall report to the people’s government of the same level in writing concerning the status of its implementation within 30 days.


Article 10  The functionary of the administrative law enforcement department that engages in law enforcement shall take the examination at the end of a administrative law                          enforcement training program. Anyone that passes the examination shall be granted the Tianjin administrative law enforcement certificate. Anyone that does not take part in the training program or fails to pass the examination may not engage in administrative law enforcement.


The administrative law enforcement functionaries must take part in legal training program at least 40 hours per year, whose contents include code of behavior, professional ethics, civilized law enforcement.


The administrative law enforcement department under relevant state ministry and commission that is in charge of granting administrative law enforcement certificate shall file a report to legal agency under the Municipal People’s Government on the performance of administrative law enforcement functionaries for the record.


Article 11  The administrative law enforcement department shall standardize the procedure of law enforcement, make detailed requirements for each part of the procedure, clarify the stage and steps of law enforcement so as to guarantee the fairness in the process of law enforcement. It shall also work out the standards for civilized law enforcement to ensure the rigorous, standardized, just and civilized law enforcement.


Article 12  The Municipal administrative law enforcement department shall, in accordance with the state and Municipal regulations, shall make a unified discretion benchmark of administrative law enforcement and perfect applicable rules after the implementation of the relevant laws, regulations and rules, which shall be strictly carried out by the administrative organization for law enforcement of the same department and system.


Article 13  The administrative law enforcement department shall, in accordance with relevant provisions, openly announce the basis, procedure of administrative law enforcement and discretion benchmark.


Article 14  The administrative law enforcement department shall, prior to making decisions concerning the suspension of production and operation, revocation of certificate or license, imposing a fine whose value requires a public hearing or the confiscation of property or articles whose value equals the fine value that requires a public hearing or concerning other major or complicated administrative law enforcement acts, have these decisions be examined and verified by the legal agency of the same department for its legality.


Failure to be examined or verified or irregularities are found in the process of the examination and verification in a particular administrative law enforcement act, the administrative law enforcement department may not decide to take that law enforcement act.


The administrative law enforcement department shall, after it has made the decision concerning administrative law enforcement, make a record of the information regarding the law enforcement in the administrative law enforcement supervisory platform and file the information to the legal agency of the people’s government of the same level for the record within 10 days after the decision is made.


Article 15  The administrative law enforcement department shall strictly implement the regulation of separation of fine money and surrendered money, and it may not set the target for administrative fines, may not damage, destroy, detain, pay by or distribute the confiscated property and material and the fees collected.


Article 16  Where the administrative law enforcement department finds that , in the process of investigate in accordance with law, the value of the money, situation and consequence involved in the irregularities constitutes a crime and requires investigation for criminal responsibilities, it shall transfer the case to the judicial department in accordance with the relevant regulation and in a timely manner. It may not replace criminal punishment by administrative punishment, may not conceal, distribute in private or destroy article involved in the case.


Article 17  This Municipality sets up a system of offering special explanations.


The administrative law enforcement department that bears responsibility of administrative punishment, administrative licensing that does not carried out a single act of administrative punishment or administrative licensing in a whole year, it shall explain the situation and give a reason to the people’s government of the same level and submit an evaluation on the basis of law enforcement.


Article 18  The administrative law enforcement department shall keep track of the record for administrative law enforcement, collect, in accordance with the requirements of the regulations, the materials recording the concrete law enforcement acts and file it, in accordance with regulations, in the administrative law enforcement supervisory platform and sort out, compile and file these materials to be put under unified administration.


The legal agency under the Municipal, district and county people’s government, the legal agency of the working department of the Municipal People’s Government shall, on a regular basis, organize check-up of the administrative law enforcement record and of the files of administrative law enforcement archives.


 


Chapter III Supervisory Procedure and Its Implementation


 


Article 19  The legal agency under the Municipal, district and county people’s government and the legal agency of the working department of the Municipal People’s Government shall fulfill the following supervisory duties and responsibilities over administrative law enforcement:


6.       Mapping out and implementing the relevant system for the supervision of  administrative law enforcement;


7.       Putting forward the plan of the supervision of administrative law enforcement and organizing its implementation;


8.       Handling irregularity or improper law enforcement acts;


9.       Guiding, urging and inspecting the department of the next lower level for the supervision of  their administrative law enforcement work; and


10.   Other duties and responsibilities prescribed by laws, regulations and rules.


In implementing the duties and responsibilities specified in the preceding paragraph of administrative law enforcement, if the case involves state secret, commercial secret or individual privacy, the department concerned shall keep it confidential for the unit or person involved.


Article 20  Citizenry or other organizations may accuse or complain against suspected irregularities in administrative law enforcement. The concrete way of accusation and complaint and the procedure of handling such cases shall be openly announced in accordance with the Measures of Tianjin Municipality for Accusing Irregularities in Administrative Law Enforcement ( Decree No. 3, 1998 of the Tianjin Municipal People’s Government).


Article 21  The legal agency shall, finding matters that require administrative law enforcement supervision through other means rather than accusation and complaints, decide to or not to accept the case within 3 workdays from the time when the case is found.


The administrative law enforcement supervisory case that the legal agency decides to accept shall be handled 30 workdays from the time when it is accepted and a decision be made thereof. Where the situation is special, the deadline may be extended 10 more days upon the approval of the responsible person of the legal agency. The result of the handling shall be relayed to the unit and persons concerned in a timely manner.


Article 22  The administrative law enforcement supervision shall be carried out in the following procedure:


5.       Sending a notice of administrative law enforcement supervision to the administrative law enforcement department concerned;


6.       The administrative law enforcement department shall, after receiving the notice of administrative law enforcement administrative law enforcement supervision, make a reply before the deadline prescribed by the notice to the legal agency that has issued the notice of administrative law enforcement supervision;


7.       Where the legal agency deems it necessary, it may, in the process of supervision, conduct supervision in accordance with the supervisory measures as prescribed in these Provisions; and


8.       Where the legal agency verifies after investigating the irregularities committed by an administrative law enforcement department and its functionaries, it shall issue a supervision decision to the administrative law enforcement department concerned.


Article 23  The administrative law enforcement department shall implement the supervision decision in accordance with the requirements. Where the administrative law enforcement department refuses to accept the supervision decision it may, within 10 workdays from the time of receiving the supervision decision, apply for a review of the case to the legal agency that has issued the supervision decision. The legal agency shall, 15 workdays from the date of receiving the review application make a decision on the review. The implementation of the administrative law enforcement supervision decision may not cease during the time of review.


Where the administrative law enforcement department neither applies for review of the administrative law enforcement supervision decision, nor implements it the legal agency may handle the case in accordance with the stipulations of Chapter IV of these Provisions.


Article 24  The legal agency under the Municipal, district and county people’s government and the legal agency of the working department of the Municipal People’s Government may, in the process of fulfilling their duties and responsibilities in administrative law enforcement supervision, take the following measures:


8.       Asking the administrative law enforcement department and its functionaries to account for and explain issues regarding the administrative law enforcement acts and provide written or video information, digital dada and computer technical files related to the administrative law enforcement acts;


9.       Making inquiries on functionaries of the administrative law enforcement, opposite party of administrative management and witnesses;


10.   Gathering files of the administrative law enforcement and the related accounts, receipts and evidence by means of collecting the original paperwork, original objects or by photocopy or photograph


11.   Entrusting the related agency to conduct evaluation, assessment or check-up


12.   Temporarily taking back the administrative law enforcement certificate in possession of the functionaries of the administrative law enforcement suspected of committed irregularities in administrative law enforcement;


13.   Transferring, in accordance with relevant provisions, the materials found in a case involving the responsible person to the supervisory or judicial department for irregularities in administrative law enforcement that deserve an investigation of administrative or criminal responsibilities in accordance with law; and


14.    Other measures as prescribed by laws, regulations and rules.


The related administrative law enforcement department and its functionaries shall cooperate with the administrative law enforcement supervisory department in their work and may not refuse or destroy and transfer the evidence.


Article 25  The legal agency under the Municipal, district and count people’s government shall supervise and inspect the administrative law enforcement in the locality in accordance with state and Municipal unified arrangement and the local conditions.


The legal agency of the working department of the Municipal People’s Government shall make special inspection and checkup over the administrative law enforcement in its own department and system.


The legal agency under the Municipal People’s Government shall make an annual random examination on the functionaries of the administrative law enforcement department for their mastery of legal knowledge and the administrative law enforcement business. Where a functionary fails the examination, one’s administrative law enforcement certificate shall be revoked.


Article 26  The legal agency under the Municipal People’s Government shall conduct statistics over the citywide administrative law enforcement situation.


The legal agency under district and county people’s government shall make statistics over the administrative law enforcement situation in their locality.


The legal agency of the working department of the Municipal People’s Government shall make statistics over the administrative law enforcement situation in its own system.


The legal agency under district and county people’s government and the legal agency of the working department of the Municipal People’s Government shall submit a report on the administrative law enforcement situation in their locality and system to the Municipal People’s Government on a quarterly basis.


Article 27  The legal agency under the Municipal, district and county people’s government may organize the relevant departments, opposite party of administrative management, or entrust a third party to make questionnaire survey, solicit comments, investigate the administrative law enforcement situation. The results of the investigation and the comments shall be taken as a reference for evaluating the administrative law enforcement situation of the administrative department under investigation.


The legal agency under the Municipal People’s Government may investigate, evaluate or examine the administrative law enforcement situation by means of special investigation and others of their own department or system.


Article 28  The dispute arising between the administrative law enforcement departments  in matter of administrative law enforcement shall be settled by the two sides through consultation.


Where no consensus can be reached through consultation, the dispute shall be submitted to the legal agency under the people’s government of the next higher level for settlement. Where consensus is reached, a settlement agreement on the law enforcement dispute shall be worked out by the legal agency. Where no consensus is possible through consultations, the case shall be submitted to the people’s government for arbitration.


The legal agency under the Municipal, district and county people’s government shall supervise the implementation of the arbitration.


 


Chapter IV  Supervision, Handling and Responsibility


 


Article 29  Where the administrative law enforcement department and any of its functionaries is suspected of irregularities in law enforcement act that has a major impact and produces adverse effects on society, the legal agency under Municipal, district and county people’s government may organize the public security bureau, auditing department to verify the facts and put forward a comment on settlement and submitted the comment to the people’s government of the same level for handling the case and making a decision.


Article 30  Where the administrative law enforcement and any of its functionaries violates of stipulations of Chapter II of these Provisions or commits irregularities or improper law enforcement acts, the legal agency under Municipal, district and county people’s government or the legal agency of the working department of the Municipal People’s Government shall order it or one to make corrections before a deadline. Where it or one refuses to make corrections at the expiration of the deadline, the agency shall criticize it or one by a circular and ask the people’s government of the same level to nullify the improper administrative law enforcement act.


Where it or one violates administrative discipline, the appointment and removal department and the supervisory department shall give the chief responsible person and the person directly involved a sanction in accordance with relevant regulations. As for the functionaries of law enforcement it may suggest the related department that it revokes one’s administrative law enforcement certificate and suggest that the unit one belongs to criticize one as a means of education, remove one temporarily from the post for training program or remove one from the law enforcement post.


Article 31. Where any functionary of administrative law enforcement commits any of the following acts, the legal agency under the Municipal People’s Government shall notify the legal agency of related district and county people’s government, or the legal agency of the working department of the Municipal People’s Government. Where one violates administrative discipline, the appointment and removal department or the supervisory department shall give sanctions to the administrator directly in charge or other persons directly involved in accordance with relevant provisions.


5.       Failure to execute supervisory duties and responsibilities;


6.       Committing irregularities in the process of fulfilling duties and responsibilities in supervising administrative law enforcement;


7.       Seeking selfish interest for one’s unit or oneself by abusing the powers of supervising administrative law enforcement; and


8.       Other acts that violate these Provisions.


 



Chapter V  Supplementary Provisions


 


Article 32  These provisions shall be applied mutatis mutandis to administrative supervision, administrative review, filing and examination of normative administrative regulations except in cases where it is otherwise stipulated in other laws, regulations and rules.


Article 33 These Provisions shall go into effect as of October 1, 2014. The Provisions of Tianjin Municipal Government on Legal Supervision promulgated on October 23, 1998 ( Decree No, 5, 1998, of Tianjin Municipal People’s Government) shall be abrogated simultaneously.


 


 -----The English translstion version of this web can only be regarded as reference.-------


 


 


 

各区信息
您是本站的第   2180235   位访客

天津市人民政府法制办公室

津ICP备05013321