Text, audio and video, etc. First, in the process of administrative law enforcement, law enforcement procedures start, investigation and evidence collection, review decisions, delivery and execution, and filing.
Management and other legal procedures and links to track records, real-time activity traces.
The whole process of administrative law enforcement record system is as follows:
I. Written and audio-visual records
1, written records include administrative law enforcement documents issued to the parties, inspection and appraisal opinions, expert argumentation reports and other written records.
2 audio-visual records include photos, audio recordings, video recordings, video surveillance and other electronic records.
3, the whole process of administrative law enforcement records should follow the principles of legality, comprehensiveness, objectivity, accuracy, timeliness and traceability.
4, law enforcement departments shall, according to the nature, types and links of administrative law enforcement behavior, take appropriate and
The way to effectively record the whole process of administrative law enforcement.
5, law enforcement departments should use law enforcement documents to record all aspects and activities of administrative law enforcement, and system.
The designated special law enforcement links also use electronic audio-visual equipment for recording.
6, the Bureau of laws and regulations is responsible for the coordination, guidance, supervision and inspection of all law enforcement contractors to implement the whole process of administrative law enforcement filing system.
7, law enforcement departments responsible for the implementation of administrative law enforcement records.
8, all law enforcement departments should use unified law enforcement documents, combined with the actual work, strengthen the construction of administrative law enforcement information,
According to the needs of administrative law enforcement, equipped with corresponding audio and video equipment, improve the administrative law enforcement procedures, clear the administrative law enforcement process, the administrative
Record the whole process of law enforcement in words, audio and video to improve the efficiency and standardization of administrative law enforcement.
Second, the record of program startup
1, law enforcement departments require applicants to fill in administrative law enforcement procedures according to applications from citizens, legal persons and other organizations.
An application, which shall specify the basic information of the applicant, the application matters, the facts and reasons for the application, the signature of the applicant or
Stamping and application time, etc.
2. If the applicant can apply orally according to law, the administrative law enforcement personnel shall record it on the spot and read it out by the applicant or to him.
After confirming that the content is correct, it shall be signed or sealed by it.
3, law enforcement departments for citizens, legal persons and other organizations, should be recorded according to the following circumstances.
(a) to decide whether to accept or not to accept, it shall make a law enforcement document to accept or not to accept, indicating the name of the applicant.
(name), application matters, application time, review decision, etc. , and submit it to the applicant for verification and acceptance.
(two) require the applicant to correct the mistakes in the application materials on the spot, and record the applicant's name and application in writing.
Item, the name of the corrected materials and the requirements for correction shall be submitted to the applicant for verification and signature or seal.
(3) If it is decided to inform the applicant of supplementary materials at one time on the spot or within 5 days, a supplementary material certificate shall be made, stating
The applicant's name, application items, reasons for correction and contents shall be submitted to the applicant for verification and receipt.
4, law enforcement departments can install electronic monitoring system in the office, timely record the acceptance and processing process.
5, law enforcement departments in accordance with the authority to start the administrative law enforcement procedures, administrative law enforcement personnel shall fill in the procedures to start the examination and approval form.
In case of emergency and need to be started on the spot, the administrative law enforcement personnel shall report to the director within 24 hours and go through the approval procedures. Except for ...
In accordance with the provisions of laws and regulations, there is no need to go through the approval procedures, and the approval form for the startup plan shall specify the reasons for the startup.
Basic information, facts and sources, opinions of the undertaker, signature, date and person in charge of law enforcement department.
Opinions, signatures and dates, opinions, signatures and dates of directors.
6, law enforcement departments to accept complaints and reports of citizens, legal persons and other organizations on administrative violations, as well as superiors.
The clues of administrative violations transferred by political organs, other administrative law enforcement organs or relevant units shall be registered immediately.
Remember, and the case is entered into the administrative law enforcement platform within 3 working days from the date of discovery.
7. If the law enforcement undertaking department decides not to start the law enforcement procedure according to law after reviewing the source of the case, it shall explain the reasons for not starting it.
Inform the units and individuals providing the case source according to other matters, and record the information in writing; Decided to start law enforcement procedures according to law,
Inform the units and individuals who provide the source of the case of the law enforcement process and results, and record the situation in writing.
Three. Investigation and evidence collection records
1, when law enforcement departments investigate and collect evidence, there shall be no less than two administrative law enforcement personnel, their names and executors.
The serial number of the legal document and its presentation method shall be specified in the relevant investigation and evidence collection records.
2. If it is necessary to investigate the scene due to fact investigation and evidence collection, the law enforcement department shall notify the parties or their agents to be present.
Field; If the party concerned or his agent refuses to be present, it shall be indicated in the investigation record.
3, administrative law enforcement personnel to carry out the following investigation and evidence collection activities, should be recorded in writing and audio-visual records, and make the corresponding line.
Administrative law enforcement documents shall record:
(1) When inquiring about a party, a record of inquiry shall be made;
(2) When questioning witnesses, witness testimony shall be made;
(three) to obtain documentary evidence and material evidence from the relevant units and individuals, it shall make a notice of evidence collection and a list of evidence collection.
Documents;
(four) on-site inspection (inspection), it shall make on-site inspection (inspection) records and other documents;
(five) sampling evidence, should make a notice of sampling evidence and a list of samples and other documents;
(6) If the evidence is registered and preserved in advance, an examination and approval form, a notice and a list of articles shall be made.
Other documents;
(seven) the implementation of administrative compulsory measures, compulsory measures shall be taken according to law;
(eight) if a statutory body is entrusted to carry out inspection, testing, quarantine, appraisal and expert review, it shall be entrusted by law.
Documents such as concluding comments issued by institutions and experts;
(nine) to collect electronic data, the relevant contents shall be recorded in writing; Collect audio-visual materials such as audio and video recordings,
Production method, production time, producer, certification object, etc. Audio recording should be made, and audio data should be accompanied by audio content.
Written records.
(ten) the administrative law enforcement documents involved in the above investigation and evidence collection activities shall be made by the administrative law enforcement personnel, the parties concerned or
The signatures or seals of its agents and witnesses; If the parties or their agents or witnesses refuse to sign or seal, it shall be executed.
Legal personnel shall indicate it in the law enforcement documents.
Fifteenth administrative law enforcement personnel shall inspect the premises and articles of the parties, and ask the parties and witnesses first.
Registration, preservation, sealing-up and seizure of the parties' property, as well as sampling for evidence collection, should be combined with the needs of law enforcement.
Electronic devices such as recorders record the whole law enforcement process.
4. When recording and recording the law enforcement scene, the following contents shall be mainly recorded:
(a) the environment of the law enforcement site;
(two) the physical characteristics, words and deeds of the parties, witnesses, third parties and other relevant personnel on the scene;
(three) the important items involved and their main features and other relevant evidence;
(four) administrative law enforcement personnel to take measures against the relevant personnel and property;
(five) administrative law enforcement personnel on-site delivery of law enforcement documents;
(6) Other contents that should be recorded.
5. Administrative law enforcement officers inform the parties of their right to apply for withdrawal in the investigation and evidence collection, and the parties apply for withdrawal of law enforcement officers.
The name, application reason, audit opinion and handling opinion of the law enforcement officer who informed the right and applied for withdrawal shall be recorded in writing.
See notice and other matters.
6, the parties apply for investigation and evidence collection, law enforcement departments do not accept the application, it shall explain the reasons and record.
It's rolling.
Four. Records of reviews and decisions
1. After completing the investigation and evidence collection, the administrative law enforcement personnel shall make the final report of the investigation and evidence collection and other documents to record the investigation in detail.
Evidence collection.
2, before the decision of administrative law enforcement, the administrative law enforcement officers of law enforcement departments shall make a case handling approval document, for each
The signing opinions and issuing time of the person in charge and the director of law enforcement shall be recorded in writing; Need to be audited by legal institutions, should be in the legal institutions.
Audit opinions, auditors and other contents shall be recorded in writing; Complex or major administrative law enforcement decisions should be made collectively.
Records of discussions and decisions.
3, involving the overall economic and social development, affecting the public interest, as well as professional and technical major administrative law enforcement.
Item, the law enforcement decision shall be made before the organization of expert argumentation, and make a record of expert argumentation.
4. Before the decision of law enforcement is made, the law enforcement department shall inform the parties that they enjoy the rights of statement, defense and hearing.
If a party waives the relevant rights when making a notification, it shall make a written record.
5, listen to the statements and arguments of the parties, shall make a statement and defense record, and signed or sealed by the parties; Hold a hearing
A securities meeting shall make a notice of hearing, a record of hearing and other documents, and the record of hearing shall be confirmed by the participants.
Or sign or seal on the spot after correction, and refuse to sign or seal without justifiable reasons, the hearing recorder shall state the situation.
The situation is attached.
6, hold a hearing, the hearing host thinks it is necessary, you can use audio and video recording and other means to assist in recording.
7, the administrative law enforcement decision shall specify the following items:
(a) the basic situation of the parties;
(2) Facts and evidence;
(3) Basis of application;
(4) the contents of the decision;
(five) the way and time of performance;
(six) the way and time limit of relief;
Verb (abbreviation for verb) execution and delivery record
1, the parties shall be ordered to correct the illegal acts according to law, and the law enforcement departments shall check and correct the illegal acts.
Records, on-the-spot verification, but also according to the needs of law enforcement using electronic equipment such as law enforcement recorder to record.
2, after the decision of administrative law enforcement, law enforcement departments shall record the implementation of administrative law enforcement decisions by the parties.
3、 ? If a party fails to perform the administrative law enforcement decision within the time limit, it may apply to the court for compulsory enforcement before making a compulsory enforcement decision according to law.
Before the implementation, the law enforcement department shall make a reminder in legal form and serve it on the parties concerned. Relevant parties received reminders.
After the statement and defense, the law enforcement department shall record the facts, reasons and evidence put forward by the parties.
Review.
4. Impose fines, late payment fees, transfer deposits, remit money, auction or dispose of places and facilities that have been sealed up or detained according to law.
Giving or property, removing obstacles, restoring to the original state, performing on behalf of others and other administrative coercive methods shall be handled by law enforcement departments according to law.
Make corresponding law enforcement texts and audio-visual records to record the law enforcement process. Take measures such as removing obstacles, restoring to the original state, and enforcing on behalf of others.
Method, law enforcement departments should use electronic equipment such as law enforcement recorder to record the whole implementation process.
5, apply for court enforcement, law enforcement departments shall make relevant law enforcement documents according to law, and implement the application process.
Record row results.
6, law enforcement departments should have a receipt of administrative law enforcement documents, and the addressee should indicate the receipt.
Date, signature or seal.
7, law enforcement departments directly served administrative law enforcement documents, administrative law enforcement personnel should be recorded after verifying the identity of the addressee.
The service receipt shall be signed by the addressee, the addressee or the signer who meets the legal conditions, or
When conditions permit, seal it, and when the addressee signs for it, video recording or photo recording shall be made.
8, law enforcement agencies lien served administrative law enforcement documents, administrative law enforcement personnel shall record the reasons for refusal in the service receipt.
And record the delivery process through video or photos. Or it could be
Leave the administrative law enforcement documents at the addressee's residence, and record the delivery process by taking photos and videos. Take pictures,
When shooting, the whole process of delivery should be recorded, and all the contents, reasons, places and people present should be delivered before the camera.
Members and other clear records, made into photos or CDs and other image data, stored in the file.
9, law enforcement agencies entrusted to serve administrative law enforcement documents, shall issue a power of attorney, and attach the relevant documents and delivery receipt.
10, the law enforcement department shall send the administrative law enforcement documents by registered mail or express mail.
The name and document number of the administrative law enforcement document shall be indicated on the list, and the registration, payment voucher and mailing receipt shall be kept.
1 1, the law enforcement department shall take back the service receipt signed by the addressee and the addressee.
Certificate.
12, announcement to administrative law enforcement documents, can take the form of posting an announcement, publishing an announcement in a newspaper, posting an announcement, etc.
The process should be recorded by video or photography. The service of announcement shall be recorded in the administrative law enforcement files in written form and served by announcement.
Reason, announcement carrier and transmission process.
Six, the management and utilization of law enforcement files
1, law enforcement departments should strictly implement the administrative law enforcement files check system, check the files formed in the administrative law enforcement activities.
Inspection records, evidence materials, law enforcement documents, etc. , according to the provisions of the collection, sorting, filing, filing, centralized management.
1. Management.
2, the administrative law enforcement personnel of law enforcement departments shall, after the end of each day's work, timely store the sound recorded by law enforcement recording equipment.
Like data, it is still stored by the specialized personnel of the branch office. If audio and video recordings are used, the recorder shall, within 2 working days.
Electronic records shall be stored in the special memory of the law enforcement platform or the undergraduate department, and shall not be kept by themselves.
3. Electronic recording materials shall also record the production method, production time, producer and certification object; Belong to sound
The data shall be accompanied by a written record of the sound content.
4, law enforcement departments shall, within 30 days from the date of the end of administrative law enforcement, administrative law enforcement files form files.
Volume, filing and preservation according to law. Where laws, regulations and rules have special provisions on the time limit for filing, such provisions shall prevail.
5, administrative law enforcement files in strict accordance with the Qingdao municipal administrative punishment, administrative licensing and administrative compulsory file standard production and installation.
Register and establish law enforcement files. Where laws, regulations and rules provide otherwise, such provisions shall prevail. Law enforcement departments should
Clear the person in charge.
6. When reporting cases of general administrative punishment procedures, law enforcement contractors shall submit the case files and video materials together according to law.
Review the regulations.
7. The storage period of archives shall be kept in accordance with the relevant provisions of the storage period. Audio-visual materials for daily inspection have many storage periods.
Six months later. The preservation period of audio-visual materials used as evidence in general administrative punishment cases and administrative compulsory cases is as follows
Same as file retention period.
8. Under any of the following circumstances, law enforcement records shall be kept for a long time by burning CDs or using mobile storage media.
Recorded audio-visual materials:
(a) the parties have objections or complaints, letters and visits to the on-site law enforcement and case handling of administrative law enforcement personnel;
(two) the parties to escape, refuse or hinder the administrative law enforcement personnel to perform official duties according to law, or insult, insult or beat administrative personnel.
Law enforcement personnel;
(three) administrative law enforcement personnel involved in the handling of mass incidents and emergencies;
(four) other important circumstances that need to be preserved for a long time.
9, the parties to apply for copying the whole process of law enforcement records, with the consent of the director before copying, but in accordance with the law should be
Confidential information shall not be copied. Law enforcement records involving state secrets, commercial secrets and personal privacy shall be made public in strict accordance with the law.
Relevant provisions on the management of secrets and rights.
10, administrative law enforcement files and audio-visual materials are the basis to ensure that our bureau performs the burden of proof in administrative reconsideration and administrative litigation activities.
According to.
1 1. If the administrative reconsideration department and the people's court need to provide files and audio-visual materials, the law enforcement contractor shall provide the original materials.
Law enforcement records shall be submitted in a unified way, and copied and saved after being audited by the Law Department.
12, case files, audio-visual materials and other law enforcement records shall be strictly managed and shall not be consulted without the approval of the director; Because of work
Need to consult audio-visual materials, after approval, can consult.
Seven, the use and management of recording equipment
1, the law enforcement department establishes an audio-visual data management system for law enforcement recording equipment, and according to the name of the law enforcement recording equipment.
The number, information of law enforcement personnel, time of use, names of the parties to the case and the cause of action, etc. are classified and kept under strict management.
2, administrative law enforcement personnel in the investigation of illegal acts, illegal cases, should wear and use the law enforcement recorder to record the whole process.
Audio and video recording, objectively and truly recording law enforcement work and relevant evidence; Due to objective conditions, it is impossible to record the whole process.
When making video recordings, the important links shall be recorded and recorded by using law enforcement recording equipment such as cameras and law enforcement recorders.
Records of law enforcement documents.
3, administrative law enforcement personnel in the implementation of punishment or compulsory measures, ask the parties, should inform the other party in advance to use the board.
The method of recording equipment records.
4, law enforcement departments should regularly do a good job of handling equipment maintenance and maintenance, keep the equipment clean and good performance. In development
When recording law enforcement, the battery capacity and storage space of law enforcement recording equipment should be checked in time to ensure the normal operation of law enforcement recording equipment.
Use.
5 law enforcement recording equipment should be operated in strict accordance with the provisions. If there is any fault, stop the machine immediately and report it in time, and contact the professional department.
Door maintenance, equipment shall not be removed and replaced without permission.
Eight. Supervision and inspection
1, law enforcement contractors regularly report the discipline and civilized law enforcement of the administrative law enforcement personnel reflected by the law enforcement recording equipment.
Conduct spot checks, regularly check record files and audio-visual materials, and establish an inspection account.
2, the Bureau of laws and regulations regularly inform the law enforcement contractors of the use and management of law enforcement recording equipment and administrative law enforcement personnel.
Law, as well as departments and law enforcement personnel who do not implement law enforcement as required, shall conduct supervision and inspection according to law.
3, administrative law enforcement personnel in law enforcement records, the following acts are strictly prohibited:
(1) Failing to record the whole process of law enforcement when investigating and handling illegal acts and cases;
(two) delete and modify the original audio-visual materials recorded by law enforcement recording equipment;
(three) unauthorized reproduction, preservation or dissemination, disclosure of law enforcement records and audio-visual materials;
(four) the use of law enforcement recording equipment to record activities unrelated to law enforcement on duty;
(five) intentionally destroying law enforcement documents, case files, law enforcement recording equipment or audio-visual materials storage equipment;
(six) other acts in violation of the provisions on the administration of law enforcement records.
In violation of the above provisions, if the circumstances are minor, be criticized and educated; If the circumstances are serious, they shall stop performing their duties and be transferred from law enforcement posts,
Give administrative sanctions, and at the same time investigate the responsibility of the responsible person.