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The administrative law enforcement responsibility system is an important system for regulating and supervising the administrative law enforcement activities of the administrative department. With a view to implementing the relevant provisions of the Implementation Outlines for Overall Pushing Forward the Administration by Law (No.10[2004] of the State Council, hereinafter referred to the Outlines), promoting the establishment of administrative law enforcement system with clear power and responsibilities, normative behavior, efficient supervision and strong safeguard, and pushing forward overall administration by law, and upon the approval of the State Council, we hereby bring forward the following opinions on the relevant work for pushing forward administrative law enforcement responsibility system. I. FULLY UNDERSTANDING THE SIGNIFICANCE OF PUSHING FORWARD THE ADMINISTRATIVE LAW ENFORCEMENT RESPONSIBILITY SYSTEM The Central Committee of the Communist Party of China and the State Council attach high importance to pushing forward the work for administrative law enforcement responsibility system. Specific requirements have been proposed for pushing forward administrative law enforcement responsibility system in the 15th National Congress of the Chinese Communist Party and the 16th National Congress of the Chinese Communist Party and the Third Plenary Session of the 16th Central Committee of the Communist Party of China and the Fourth Plenary Session of the 16th Central Committee of the Communist Party of China, and concrete provisions on the relevant work have been made by the Decision of the State Council on Overall Pushing Forward Administration by Law (No.23 [1999] of the State Council) and the Outlines. For many years, all regions and all relevant departments concerned have implemented the requirements of the Central Committee of the Communist Party of China and the State Council, and positively probed into the implementation of administrative law enforcement responsibility system, and have done a lot of work in strengthening administration on administrative law enforcement and regulating administrative law enforcement acts, and as a result, fairly good achievements have been made. However, there are still some problems in the work: the persons-in-charge in some regions and departments have not fully understood the work and failed to attach adequate importance to it; the administrative law enforcement responsibility system is not perfect enough, the procedures thereof are not so good, the appraisal and examination mechanism is not scientific enough, and it is difficult to execute the penalties being imposed upon, and it is not well linked up with the relevant systems; besides, there is no necessary safeguards for organizing the implementation of the system. Therefore, it is urgent to further improve and perfect the administrative law enforcement responsibility system. Administrative law enforcement is the mass and frequently carried out activity of administrative departments, it directly faces to the society and the general public, and the level and quality of it directly concern the image of the government. To push forward administrative law enforcement responsibility system is to strengthen law enforcement responsibility, clarify law enforcement procedures and standards, regulate and supervise administrative law enforcement activities, and improve the level of administrative law enforcement, so as to ensure that the various requirements for administration by law can be actually put into effect. The local people's governments at all levels and all the departments of the State Council shall, under the guidance of Deng Xiaoping Theory and the importance thought of "Three Represents", build up and implement the scientific view of development, and from the height that the Party is built for the public and it exercises state power for the people, and the height of building a government under the rule of law, and strengthening the construction of CPC governing capability according to law, fully understand the significance for pushing forward the administrative law enforcement responsibility system, and take effective measures to do well the work. II. DEFINING THE LAW ENFORCEMENT FUNCTION ACCORDING TO LAW 1. Carding The Basis For Law Enforcement To push forward administrative law enforcement responsibility system, the relevant laws and regulations and rules implemented by the administrative departments and the provisions of "Three Decisions" of the departments under the State Council shall be carded clearly first. The local people's governments at all levels shall organize to do well the work for carding the basis for law enforcement, and sorting out and arranging orders and listing the table of contents for the law enforcement basis implemented by the departments (including the organizations being invested the power of administrative law enforcement by laws and regulations) that have the qualification of subjects of administrative law enforcement, and shall have clear classification and scientific compilation. Attentions shall be paid to in linking up the law enforcement basis with the Law of the People's Republic of China on Administrative Penalty and the Administrative License Law of the People's Republic of China and other laws that governing the common government acts. The lower level people' s government shall, when carding the law enforcement basis of its subordinate departments, pay attention to having it linked up with the law enforcement basis of the relevant department in charge of the upper level people's government to avoid any omission. The local people's governments at all levels shall, on the basis of the formulation, amendment and repeal of the law enforcement basis, adjust in time the law enforcement basis of the relevant departments subordinate to them, and coordinate to solve the problem in the carding of enforcement basis. The enforcement basis whose carding has been completed shall, in addition to being issued to the relevant law enforcement departments, be announced to the public in a proper way. 2. Resolving Enforcement Authority The departments that have administrative law enforcement function in local people's governments at all levels shall, according to the unified deployment and requirements of the people's government at the corresponding level, and in light of the equipment of law enforcement institutions and law enforcement posts, resolve their legitimate authority to the concrete law enforcement institution and law enforcement post. The relevant departments shall not increase or enlarge the power of administrative law enforcement of their own departments without permission. It shall be scientific and reasonable to resolve the internal authority of different law enforcement institutions and law enforcement posts in an administrative law enforcement department, which shall not only avoid the intercrossing and repetition of authorities between the parallel law enforcement institutions and the law enforcement posts, but also be advantageous to promoting the coordination and cooperation between them. The authorities between different level law enforcement institutions and law enforcement posts shall be linked up with each other, so as to have a clear enforcement procedure, concrete requirements and prescribed time limit. The administrative law enforcement personnel of all the departments of administrative law enforcement shall be trained in combination with the concrete authority of their post before holding the post; no one may be issued the certificate of administrative law enforcement according to the relevant provisions until after having passed the examination and checking and having had the qualification of administrative law enforcement. 3. Determining Law Enforcement Liabilities Every administrative law enforcement power invested with any administrative law enforcement department according to law enforcement basis is not only a legal power, but also a legal obligation that shall be performed. For any nonfeasance act or arbitrary act in violation of legal obligations, the administrative law enforcement department shall assume the corresponding legal liability. The concrete law enforcement liabilities of different departments and institutions and of any post of law enforcement personnel shall be determined according to the requirements that those who have power shall assume liability and on the basis of resolving law enforcement power. The kinds of liabilities and the contents thereof for administrative law enforcement departments and law enforcement personnel shall be determined according to the different circumstances of their violation of legal obligations. The local people's governments at all levels may clarify the concrete enforcement liabilities of the administrative law enforcement departments subordinate to them in proper ways, and the administrative law enforcement departments shall clarify the concrete enforcement liabilities of each law enforcement institution and enforcement post in proper ways. The departments of the State Council under vertical administration and double administration by the Central Government and local governments shall also do a good job to define law enforcement duty in light of the preceding provisions. III. ESTABLISHING AND PERFECTING THE MECHANISM OF APPRAISAL AND EXAMINATION ON ADMINISTRATIVE LAW ENFORCEMENT The appraisal and examination on administrative law enforcement is an important mechanism for appraising the work of administrative law enforcement, inspecting whether the administrative law enforcement departments and the personnel thereof have accurately executed law enforcement power and fulfilled legal obligations, and it is an important tache for pushing forward administrative law enforcement responsibility system. All regions and all relevant departments shall establish and perfect the relevant mechanisms, and do a good job for appraisal and examination on administrative law enforcement. 1.Basic Requirements For Appraisal And Examination The principle of openness, fairness and justness shall be strictly followed in the appraisal and examination on administrative law enforcement. In the appraisal and examination, the administrative law enforcement acts of any administrative law enforcement personnel shall be treated fairly and appraised objectively. The standards, process and result of the appraisal and examination shall be opened within a certain scope in proper ways. 2. Subjects Of Appraisal And Examination The local people's governments at all levels shall be responsible for making appraisal and examination on the administrative law enforcement work of the departments subordinate to them, and shall strengthen supervision over and guidance to the work of appraisal and examination on administrative law enforcement of the lower level people's governments. The administrative law enforcement departments under vertical administration of the State Council shall be appraised and examined by the upper level departments, and shall fully solicit appraisal opinions of the local people's governments. And the departments under double administration shall be appraised and examined by the departments of the State Council and the local people's governments respectively in light of division of administration functions. Each administrative law enforcement department shall make appraisal and examination on the administrative law enforcement work of the departments subordinate to it and the personnel thereof. 3. Contents Of Appraisal And Examination The main contents of appraisal and examination shall be the execution of administrative law enforcement power and performance of legal obligations by the administrative law enforcement departments and the personnel thereof, including whether the qualification of the subjects for administrative law enforcement complies with the requirements, whether the administrative law enforcement acts comply with the power of law enforcement, whether the application of law enforcement basis is up to the standard, whether the administrative law enforcement procedure is legitimate, and whether the contents of the decision on administrative law enforcement is legitimate and proper, as well as the results of administrative reconsideration and administrative litigation determined by administrative enforcement, and the quality of the records. The subjects of appraisal and examination shall formulate appraisal and examination scheme in combination with the concrete conditions and characteristics of different departments and posts, so as to clarify the specific standards for appraisal and examination. 4. Methods Of Appraisal And Examination The methods of appraisal and examination by an organization, self-appraisal and examination, and combining mutual examination with mutual appraisal may be adopted for appraisal and examination on administrative law enforcement, so as to have the routine appraisal and examination linked up with annual examination and approval. Importance shall be attached to when appraising and examining the enforcement quality of the administrative law enforcement departments and the personnel thereof through records. Positive efforts shall be made to probe into new methods of appraisal and examination to improve the justness and accuracy of appraisal and examination by making use of modern information management means. During the appraisal and examination on administrative law enforcement, the internal appraisal of the department of administrative law enforcement shall be combined with the external appraisal. When making appraisal on any department of administrative law enforcement or its personnel, the opinions of the opposite party of the relevant administration shall be earnestly solicited. The result of external appraisal shall be regarded as an important basis for final examination opinions. The external appraisal may be carried out through convening symposium, issuing law enforcement appraisal cards, establishing public suggestion box, opening special telephone lines for enforcement appraisal, engaging supervision appraiser, holding public opinions poll and other ways. The 100-mark system shall be adopted for appraisal and examination on administrative law enforcement in principle, the marks of examination shall account for a certain portion in the examination on administration by law of the people's government at the corresponding level. All regions and relevant departments shall combine the appraisal and examination on administrative law enforcement with post assessment, examination on post responsibility system of the department of administrative law enforcement, so as to avoid repeat appraisal and examination on administrative law enforcement activities. IV. EARNESTLY PUTTING INTO EFFECT THE ADMINISTRATIVE LAW ENFORCEMENT LIABILITIES The key for pushing forward administrative law enforcement responsibility system is to put into effect the liabilities for administrative law enforcement. Any department of administrative law enforcement that has illegal acts or improper administrative law enforcement acts shall, according to the concrete conditions of the seriousness of the consequences resulted in or the extent of its impact, be subject to punishments such as rectification within a prescribed time, circulating a report of criticism, or canceling the qualification for being selected as an eminent entity through appraisal; the relevant administrative law enforcement personnel shall, according to the annual examination conditions or the form of offence, imperilment, and the circumstances, be subject to criticism and education, training by leaving his post, being transferred from the enforcement post, and being cancelled of the law enforcement qualifications. In case there is a higher percentage of the administrative law enforcement acts of any department of administrative law enforcement being determined as violation of laws or being altered or revoked in the administrative reconsideration and administrative litigation, or the mass people are less satisfied with the administrative law enforcement in external appraisal or any department of administrative law enforcement negatively copes with or falsifies in pushing forward administrative law enforcement responsibility system, the department of administrative law enforcement may be ordered to rectify within a prescribed time limit. If the circumstance is serious, a report of criticism shall be circulated or it shall be cancelled of the qualification for being selected as an eminent entity through appraisal. In addition to punishing the relevant departments of administrative law enforcement and the personnel thereof according to the present Opinions, anyone that shall be subject to party discipline punishment according to law or discipline for conducting illegal or improper administrative law enforcement acts, shall be punished according to the power of cadre administration and prescribed procedures. If it/he shall be subject to government disciplinary liabilities according to law, the organ appointing and removing it/him or the supervision department shall give it/him administrative penalties. If it/he is suspected of committing a crime, it/he shall be transferred to the judicial department for punishment. The investigation of administrative law enforcement liabilities shall be practical and realistic, objective and fair. Before making punishment on any person liable, the opinions of the party concerned shall be heard to ensure his/its right to presentation and averment and ensure that there be no unjustness and connivance. The administrative law enforcement responsibility of any department of administrative law enforcement shall be prosecuted for by the people's government or supervision department at the corresponding level according to law; the administrative law enforcement responsibility of the departments under vertical administration shall be prosecuted for by the upper level departments or supervision departments; the administrative law enforcement liabilities of the departments under double administration shall be prosecuted for according to the provisions on administrative functions. Meanwhile, a mechanism of rewarding administrative law enforcement shall be established and perfected to honor the departments of administrative law enforcement and the personnel thereof that have made great achievements in administrative law enforcement, and mobilize the enthusiasm of the departments of administrative law enforcement and the personnel thereof for improving the quality and level of administrative law enforcement, so as to create a better environment advantageous to pushing forward rigid law enforcement, fair law enforcement and civilized law enforcement. V. STRENGTHENING ORGANIZATION ON AND GUIDANCE TO PUSHING FORWARD THE ADMINISTRATIVE LAW ENFORCEMENT RESPONSIBILITY SYSTEM To carry out administrative law enforcement responsibility system concerns all the departments of administrative law enforcement subordinate to all levels of the governments and every person thereof, the work boasts a comparatively large number of work links, covers many aspects, requires specialized knowledge and heavy workload. The people's governments at all provinces, autonomous regions, and municipalities directly under the Central Government and the departments of the State Council under vertical administration and double administration shall bear the responsibility earnestly to strengthen organization on and guidance to the work and do a good job for organization and coordination, follow-up inspection and urge the implementation of pushing forward administrative law enforcement responsibility system of their own regions and departments (systems). Attentions shall be paid to in summarizing experiences of their own regions and departments (systems) in pushing forward administrative law enforcement responsibility system, and the issues in the work shall be carefully studied. The other departments of the State Council shall strengthen guidance to the pushing forward of administrative law enforcement responsibility system by their own departments (systems). The building of auxiliary systems shall be strengthened, the work of administrative law enforcement responsibility system of the departments of administrative law enforcement under vertical administration of a province shall be prescribed by the provincial people's government in combination with the reality of its own region. The local people's government that has legislation power may formulate the relevant regulations of the local government in time according to the prescribed provisions. If it has no legislation right, it may formulate the relevant regulatory documents upon the need. A stimulation and binding mechanism that is scientific and reasonable, fair and just shall be established through building auxiliary systems at all levels. Any region that carries out pilot experiments on relatively centralized power of administrative punishment and comprehensive administrative law enforcement shall, according to the requirements of the Decision of the State Council on Pushing Forward the Work for Relatively Centralized Power of Administrative Punishment (No.17[2002] of the State Council) and the Notice of the General Office of the State Council on Transferring Opinions of the General Office of the Central Organization Staffing Committee on the Work for Clearing and Rectifying the Administrative Law Enforcement Staff and Carrying out Pilot Experiments on Comprehensive Administrative Law Enforcement (No.56 [2002] of the General Office of the State Council), and in combination with the provisions of the present Opinions, do a good job for pushing forward administrative law enforcement responsibility system. If, during the process of pushing forward administrative law enforcement responsibility system, issues such as the subjects of administrative law enforcement, detailing of authority and determination of administrative law enforcement liabilities and are involved and shall be guided and coordinated by the organization staffing departments as the main body in accordance with the Outlines and the Implementation Opinions of the General Office of the State Council on the Carrying Out of the Implementation Outlines for Overall Pushing Forward Administration by Law (No.24 [2004] of the State Council), the organization staffing departments shall take the lead in handling it. The legal affairs office, the General Office of the Central Organization Staffing Committee, the Ministry of Supervision and the Ministry of Personnel shall, according to the provisions of the Outlines and document No.24 [2004] of the General Office of the State Council, strengthen guidance and urging and inspection on the work of all regions and relevant departments, so as to ensure the smooth pushing forward of administrative law enforcement responsibility system. All regions and all relevant departments shall carefully study and implement the requirements of the present Opinions in combination with the reality of their own regions and departments, and complete the relevant work for pushing forward the administrative law enforcement responsibility system before April 30, 2006. Any major circumstance or issue concerning pushing forward administrative law enforcement responsibility system shall be reported to the State Council in time. |
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