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The index number: 000014349 / 2019-2237518 is it effective:
Issuer: City Office` City Office Date of issue:
name: The Municipal People's Government Office issued a notice on the implementation plan of the full implementation of the administrative law enforcement publicity system, the entire law enforcement record system, and the major law enforcement decisions.
Symbol: Liupanshuifu Office Letter [2019] No. 82

The Municipal People's Government Office issued a notice on the implementation plan of the full implementation of the administrative law enforcement publicity system, the entire law enforcement record system, and the major law enforcement decisions.

字号: [ ] 视力保护色: Date: 2019-12-28 08:33 Font size: [ Small , Medium and Large ] Vision Protection Color:

County, city, special zone, district people's governments, and municipal departments:

The "Implementation Plan for Fully Implementing the Administrative Law Enforcement Publicity System and the Enforcement Process Recording System for Major Law Enforcement Decisions and the Legal System Audit System" has been approved by the Municipal People's Government, and is now being issued to you, please implement it carefully.

12 17 December 17 , 2019

(This is publicly available)

Implementation plan for the full implementation of the public notice system for administrative law enforcement

“三项制度”)是党中央、国务院安排部署的重要改革任务。 The implementation of the public notice system for administrative law enforcement, the system for recording the entire process of law enforcement, and the legal review system for major law enforcement decisions (hereinafter collectively referred to as the "three systems") are important reform tasks arranged by the Party Central Committee and the State Council. 7 号),对全面推行行政执法“三项制度”作出了具体部署,提出了明确要求,为切实做好我市全面推行行政执法“三项制度”工作,制定本实施方案。 "Implementation Opinions of the General Office of the Provincial People's Government on the Comprehensive Implementation of the Administrative Enforcement Publicity System and the Enforcement Process Recording System for Significant Enforcement Decisions and the Legal Review System" (Qianfubanfa [ 2019 ] No. 7 ) Specific deployments were made, clear requirements were put forward, and this implementation plan was formulated in order to effectively complete the city's comprehensive implementation of the "three systems" of administrative law enforcement.

I. Scope of implementation

Administrative law enforcement agencies at all levels in the city with administrative powers such as administrative punishment, administrative coercion, administrative inspection, administrative collection and requisition, and administrative permission.

Task measures

(1) Fully implement the public notice system of administrative law enforcement.

1 . Strengthen prior disclosure. Mainly include: the main body of law enforcement (the division of responsibilities, the area of enforcement, and the list of law enforcement personnel of the relevant internal agencies and subordinate units undertaking law enforcement work); the basis of law enforcement (the laws, regulations, rules, and administrative punishment benchmarks on which administrative law enforcement is based); law enforcement Authority (administrative punishment, administrative coercion, administrative inspection, administrative expropriation, administrative permission, etc.); law enforcement procedures (administrative law enforcement methods, steps, time limit, administrative law enforcement flowchart); random checklist of items (spot check basis, subject, Content, method, proportion, frequency); Remedy method (applicable to administrative counterparts in accordance with law, such as statutory rights and remedies for administrative lawsuits and remedies); Supervision method (supervisory office address, postal code, telephone, email, and acceptance feedback procedures) . Publish the service guide of this agency, and disclose the name, basis, acceptance agency, approval agency, acceptance conditions, application materials, processing procedures, processing time limit, supervision methods, relief channels, office hours, office address, office telephone, etc. of administrative law enforcement matters. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

2 . Publicity in regulatory matters. When carrying out law enforcement activities, administrative law enforcement personnel must take the initiative to present law enforcement certificates, identify themselves to the parties and relevant personnel, encourage the use of law enforcement certificates to encourage law enforcement identities to be disclosed throughout the law enforcement process; issue administrative law enforcement documents, and proactively inform administrative counterparts of law enforcement reasons , Law enforcement basis, rights and obligations, and do a good job of explanation. The state requires uniform law enforcement clothing and law enforcement logos to be worn and worn in accordance with regulations. We will conscientiously implement a system for publicizing information on government affairs. The administrative halls and service windows of administrative law enforcement agencies at all levels shall set up post information publicity cards, disclose information such as staff units, names, titles, job duties, and service items, and expressly apply. Demonstration text of materials, handling progress inquiry, consulting service, complaint report, etc. (Responsible unit: municipal administrative law enforcement department, municipal government administrative service center, county [city, special zone, district] people's government)

3 Enhancements announced afterwards. 20 个工作日内,向社会公布执法机关、执法对象、执法类别、执法结论等信息,接受社会监督,行政许可、行政处罚的执法决定信息要在执法决定作出之日起 7 个工作日内公开,但法律、行政法规另有规定的除外。 The administrative law enforcement department shall, within 20 working days from the day when the law enforcement decision is made, announce to the society information on law enforcement agencies, law enforcement objects, law enforcement categories, law enforcement conclusions, etc., and accept social supervision, and information on law enforcement decisions concerning administrative licenses and administrative penalties shall be implemented in law enforcement. The decision will be made public within 7 working days from the date of the decision , except as otherwise provided by laws and administrative regulations. Improve the mechanism for the public release, revocation and update of information on law enforcement decisions. 3 个工作日内从信息公示平台撤下原行政执法决定信息。 If the published administrative law enforcement decision is revoked in accordance with the law, the law is confirmed to be illegal, or a new decision is required, the original administrative law enforcement decision information shall be withdrawn from the information publicity platform within 3 working days. 1 31 日前公开本部门上年度行政执法总体情况有关数据,并报本级人民政府(径送本级司法行政机关)和上级主管部门。 Establish an annual report system of administrative law enforcement statistics. The administrative law enforcement department shall publicize the relevant data of the overall administrative law enforcement situation of the previous year by January 31 of each year , and report it to the people's government at the same level (through the judicial administrative organ at the same level) and the competent department at a higher level. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

(2) Fully implement the record system of the entire process of law enforcement.

1 . Canonical text records. The administrative law enforcement department shall refer to the basic format standards of the administrative law enforcement documents of the competent authorities at a higher level to ensure that the law enforcement documents are complete and accurate. Administrative law enforcement documents should be used as the basic form of the entire process of record, and all aspects of law enforcement should be handled such as application acceptance, on-site law enforcement inspection, case source registration, case filing, investigation and evidence collection, case review, hearing statement, defense, hearing, case decision, service, execution, etc. Take a text record. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

2 . Standardize audiovisual recordings. Administrative law enforcement agencies at all levels should combine the actual situation of law enforcement, sort out the matters that should be recorded by audio and video during administrative law enforcement, form a catalogue, and standardize the contents of audio and video records such as recording, video recording, photography, and video surveillance. Enforcement of audiovisual records of on-site law enforcement activities and law enforcement cases that directly affect personal liberty, life and health, and significant property rights, such as seizure of property and forced dismantling. On-the-spot law enforcement, investigation and evidence collection, holding hearings, lien service and announcement service, which are likely to cause controversy, should be recorded according to the actual situation. Administrative law enforcement agencies at all levels shall be equipped with audiovisual recording equipment of their own departments in accordance with requirements, and shall formulate the use management methods and supervision rules, and clarify the requirements for the use of audiovisual recording regulations, recording elements, storage applications, supervision and management. Equipped with audio-visual recording equipment, construction of inquiry rooms and hearing rooms and other audio-visual recording sites, determined in accordance with the principles of work necessity, strict economy, moderate performance, safety and stability, and adequate amount, combined with the economic development level of the region and the specific situation of the law enforcement of the department, Do "one size fits all." (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

3 Strictly record and archive. Improve the law enforcement file management system, strengthen the production, use and management of law enforcement ledger and legal documents, archive and keep records of the entire process of law enforcement in accordance with relevant laws and regulations and archives management regulations, and ensure that all administrative law enforcement actions are well documented. Regarding state secrets, business secrets, and personal privacy of recorded materials, the relevant national regulations must be strictly implemented when filing. Improve the working mechanism of data-based records of administrative law enforcement based on the Internet, electronic authentication, and electronic seals, explore low-cost, effective, easy-to-save, and anti-deletion information-based record storage methods, and use technical means to document the same law enforcement object , Audio and video records for centralized storage. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

4 . Play a record role. It is necessary to give full play to the active role of record information in the process of file evaluation, law enforcement supervision, evaluation and assessment, public opinion response, administrative decision-making, and improvement of the social credit system, and to be good at statistical analysis of recorded information, to find weak links in administrative law enforcement and improve administration. In law enforcement, the lawful rights and interests of law enforcement personnel and administrative counterparts are impartially safeguarded in accordance with the law. The administrative law enforcement department shall establish and improve the supervision system for the recording and information retrieval of its own department so that it can be accessed in real time, strengthen supervision effectively, and ensure that the written and audiovisual records of administrative law enforcement are standardized, legal, and effective. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

(3) Fully implement the legal review system for major law enforcement decisions.

1 . Clarify the audit organization. The administrative law enforcement department shall clearly specify the working institutions and personnel responsible for the legal review of the major law enforcement decisions of the department, and report it to the judicial administrative department at the corresponding level for the record, ensuring that the legal review work is undertaken by an agency and a person in charge. 5% Strengthen the regularization, professionalization, and professionalization of the legal review team, adjust and enrich personnel with high political quality, strong business ability, and legal background to legal review posts, and strengthen the work force to make the configuration and situation of legal review personnel The tasks are suitable. In principle, the legal reviewers of administrative law enforcement departments at all levels should be no less than 5% of the total number of law enforcement personnel in their own departments . It is necessary to give full play to the role of legal consultants and public lawyers in the legal review work, especially for the lack of legal review professionals at the grassroots level and uneven distribution, and explore the establishment and improvement of the overall coordination and transfer mechanism of the legal consultants and public lawyers in this department to achieve the Professional talent resource sharing. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

2 . Clarify the scope of the audit. Those involving major public interests that may cause significant social impact or cause social risks, directly affect the significant rights and interests of administrative counterparts or third parties, make administrative enforcement decisions through hearing procedures, and are complicated and complicated in cases and involve multiple legal relationships, To conduct legal review. The administrative enforcement department at a higher level shall strengthen guidance on the compilation of the list of legal review of the major enforcement decisions of the administrative enforcement department at the next lower level, and clarify the criteria for major enforcement decisions. The administrative law enforcement department shall combine the factors of the type of administrative law enforcement actions of the department, the level of law enforcement, its area, and the amount involved in the case to formulate a list of major law enforcement decisions and checklists and report them to the judicial administrative department at the corresponding level for the record. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

3 Clear review content. It is necessary to strictly check whether the subject of administrative law enforcement is lawful and whether the administrative law enforcement personnel have the law enforcement qualifications; whether the administrative law enforcement procedures are legal; whether the facts of the case are clear and the evidence is adequate; whether the applicable laws, regulations, and rules are accurate; Exceed the legal authority of the law enforcement department; whether the administrative law enforcement documents are complete and standardized; whether the illegal acts are suspected of crimes and need to be transferred to judicial authorities. After the legal review agency completes the review, it shall submit written review opinions that agree or have problems according to different situations. The administrative law enforcement agency shall study the audit opinions raised by the legal review agency, and submit them to the legal agency for review after making corresponding treatment. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

4 . Clear audit responsibilities. The main person in charge of the administrative law enforcement department shall bear overall responsibility for the administrative law enforcement decision made by the department, and the person in charge of the legal system review shall bear the direct responsibility. It is necessary to clarify the legal system review process, the requirements for submitting materials for review and the review methods, time limits, and responsibilities, and to improve the coordination mechanism between the legal system review agency and the administrative law enforcement agency when their opinions differ. The administrative law enforcement agency is responsible for the authenticity, accuracy, and completeness of the materials submitted for review, as well as the law enforcement facts, evidence, legal application, and legality of the procedures. The legal review agency is responsible for the legal review opinions of major law enforcement decisions. Due to the abuse of power, neglect of duty, and private law by the person in charge of the administrative law enforcement agency, the person responsible for the review of the legal system, and the person responsible for examining and approving administrative law enforcement decisions, the administrative law enforcement decision is wrong. (Responsible unit: other administrative law enforcement departments at the municipal level, and the people's government of each county [city, special zone, district])

(4) Comprehensively promote the informatization construction of administrative law enforcement.

Relying on big data, cloud computing and other information technology means, under the overall coordination of the Provincial Department of Justice, a comprehensive administrative law enforcement management and supervision information system for judicial administrative departments below the city will be established, and other administrative law enforcement departments will do a good job of maintaining and managing related data. “一网通办”,依托贵州政务服务网推行网上受理、网上审批,让数据多跑路、群众少跑腿。 Further promote the "One Netcom Office" of government affairs services, and rely on the Guizhou Government Affairs Service Network to implement online acceptance and online approval to allow more data to run and fewer people to run. (Responsible units: Municipal Judiciary Bureau, Municipal Industry and Information Technology Bureau, Municipal Government Administrative Service Center, other administrative law enforcement departments at the municipal level, and people's governments in each county [city, special zone, district])

Third, the implementation steps

(1) Arrange deployment. Each county (city, special zone, district) and municipal administrative law enforcement department shall formulate specific detailed measures in accordance with the actual situation, clarify the timetable, road map, and responsible persons to promote the implementation of the work.

(2) Strengthen training. “三项制度”专题学习培训。 The Municipal Judicial Bureau shall arrange the staff of the municipal and county judicial administrative departments to participate in the "three systems" thematic study and training organized by the Provincial Justice Department . The municipal and county judicial administrative departments shall conduct timely training on the "three systems" for administrative law enforcement personnel in their respective administrative areas, and effectively improve the law enforcement capacity and level of administrative law enforcement personnel.

(3) Full implementation. “三项制度”,确保依法履行法定职责,更好保障经济社会发展,切实维护人民群众合法权益。 Administrative law enforcement agencies at all levels must implement the "three systems" in a comprehensive, strict, and standardized manner, ensure that legal duties are performed in accordance with the law, better protect economic and social development, and effectively safeguard the legitimate rights and interests of the people.

(4) Supervise and evaluate. “三项制度”推进情况纳入法治政府建设考评指标体系和目标绩效考核体系。 The progress of the "three systems" has been incorporated into the evaluation index system and target performance evaluation system for the construction of a rule of law government.

Fourth, organizational security

(1) Strengthen organizational leadership. “三项制度”工作联席会议制度,指导督促有关部门和单位按照任务分工抓好责任落实,协调解决全面推行行政执法“三项制度”实施中的重大问题。 Establish a system of joint conferences for the implementation of the "three systems" work in cities where judicial administration, establishment management, civil servant management, information disclosure, e-government, development reform, finance, market supervision and other units participate , and guide and urge relevant departments and units to follow the tasks according to the division of tasks. Implement good responsibilities, coordinate and resolve major issues in the implementation of the "three systems" of administrative law enforcement.

“三项制度”工作的第一责任人责任,加强对本地区、本部门行政执法工作的领导,定期听取有关工作情况汇报,及时研究解决工作中的重大问题。 The principals of people's governments at all levels and their departments must effectively fulfill their responsibilities as the first person responsible for the comprehensive implementation of the "three systems", strengthen the leadership of administrative law enforcement in their regions and departments, regularly listen to reports on relevant work, and conduct timely research. Solve major problems at work. (Responsible unit: Municipal Government Office, Municipal Judicial Bureau, Municipal E-Government Office, other administrative law enforcement departments at the municipal level, and the people's government of each county [city, special zone, district])

(2) Improve the institutional system. “三项制度”体系。 Each county (city, special zone, district) and municipal administrative law enforcement department must establish a sound, rational, and interconnected "three systems" system based on actual conditions . Strengthen and improve the construction of administrative law enforcement case guidance, administrative law enforcement discretion benchmarks, administrative law enforcement dossier management and review, administrative law enforcement complaint reporting, and administrative law enforcement assessment and supervision, etc., and advance administrative law enforcement qualifications and credentials management in accordance with the unified national regulations. Earnestly implement the "who enforces the law and popularize the law" responsibility system for popularizing the law, and publicize the main practices and typical experience of implementing the "three systems" of administrative law enforcement. (Responsible unit: Municipal administrative law enforcement department, people's government of each county [city, special zone, district])

(3) Guarantee funding input. The municipal administrative law enforcement department shall work with the municipal finance bureau to formulate the law enforcement equipment allocation standards, equipment planning, facility construction planning and annual implementation plan for the administrative law enforcement department of the system. The administrative law enforcement departments at the city and county levels shall report the demand for law enforcement equipment to the people's government at the corresponding level for inclusion in the fiscal budget. (Responsible unit: Municipal Finance Bureau, other administrative law enforcement departments at the municipal level, and the people's government of each county [city, special zone, district])

(4) Strengthen team building. Improve the pre-job training and post training system for administrative law enforcement personnel and legal reviewers. Encourage and support administrative law enforcement personnel to participate in the national unified legal professional qualification examination. According to relevant provincial regulations, those who have obtained legal professional qualification can be simplified or exempted from law enforcement qualification examination. Establish a scientific assessment system and personnel incentive mechanism. Ensuring the treatment of law enforcement personnel, improving the salary policy of law enforcement personnel at the grassroots level, establishing and implementing law enforcement personnel's personal injury and work injury insurance systems, implementing national pension policies, increasing the enthusiasm of law enforcement officers in performing their duties, and enhancing the stability of law enforcement personnel. (Responsible units: Municipal Judicial Bureau, Municipal Human Resources and Social Security Bureau, Municipal Finance Bureau, other administrative law enforcement departments at the municipal level, and people's governments of each county [city, special zone, district])

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