2. The notice of responsibility rectification is made directly against a specific administrative counterpart, which belongs to a specific administrative act and is actionable.
3. yes. According to Article 3 of the Administrative Procedure Law, when an administrative organ conducts an investigation or inspection, there shall be no fewer than two law enforcement personnel, and they shall show their certificates to the parties or relevant personnel. The written record shall be signed or sealed by the parties or witnesses.
4. Publicity system of administrative law enforcement This system is formulated to further implement the urban management law enforcement system and law enforcement procedures, ensure the openness, fairness and justice of administrative punishment, and ensure that the law enforcement department of the Urban Management Bureau is legal, clean and efficient.
First, publicly state the basis, responsibilities and scope of administrative law enforcement in this department.
II. Posts and responsibilities of public law enforcement personnel.
Three, public administrative punishment procedures, law enforcement results.
Four, the relative person of public administration should perform obligations and enjoy rights according to law.
Five, open letters from the masses, visit reception and reply work supervision system.
Six, the establishment of a clean and honest supervision mechanism for public handling of illegal cases.
Seven, administrative law enforcement publicity can take the system on the wall, the distribution of brochures and other ways.
Eight, the implementation of this system since the date of promulgation, urban management system units should be in accordance with the above content, combined with their own law enforcement requirements for administrative law enforcement publicity. In order to improve the level of urban management administrative law enforcement, accurately, timely and comprehensively implement administrative punishment, strengthen the supervision and management of the style and discipline of urban management administrative law enforcement team, and formulate the administrative law enforcement supervision system.
First, the administrative law enforcement team of Xilinhot City Administration Bureau must strictly accept the supervision of the legal department of the Municipal People's government.
Two, the Urban Management Bureau in accepting the supervision of the legal department of the government at the same time, must accept the supervision of the people, the news media, accept the supervision of the National People's Congress, the Chinese People's Political Consultative Conference and relevant social organizations.
(a) the Urban Management Bureau set up an open hotline, set up a petition reception system, accept complaints and reports from parties and citizens on urban management law enforcement, and implement confidentiality measures for informants.
(two) the problems in urban management law enforcement reflected by radio, television, newspapers and other media must be seriously investigated and dealt with, and timely feedback.
Three, the office of legal supervision and inspection is the administrative law enforcement supervision and management institutions, to supervise the law enforcement team at a lower level, responsible for accepting complaints, reports and letters from the administrative law enforcement work of urban management, and investigating illegal cases of urban management law enforcement.
Four, the main responsibilities of the legal supervision office are:
(a) to organize the formulation of the annual plan and work plan for the supervision and inspection of administrative law enforcement;
(two) to establish and improve the supervision and inspection system of administrative law enforcement;
(three) responsible for organizing the supervision and inspection of administrative law enforcement;
(four) to accept complaints from the masses about law enforcement team members;
(five) other administrative law enforcement supervision work.
Five, the main contents of administrative law enforcement supervision are:
(a) the implementation of the relevant provisions of the Administrative Punishment Law;
(two) the legitimacy and rationality of administrative punishment;
(three) the legality of administrative law enforcement procedures and the standardization of law enforcement documents;
(four) whether to perform statutory duties;
(five) whether it exceeds the statutory authority;
(six) whether the law enforcement procedures of law enforcement personnel are correct;
(seven) whether the behavior of law enforcement personnel is civilized and standardized, and whether there are illegal acts such as abuse of power for personal gain, corruption and bribery, abuse of power and dereliction of duty;
5. So.
(eight) other matters that should be supervised.
Six, the main ways of administrative law enforcement supervision:
(a) the implementation of law enforcement work report system, requiring the supervised object to provide relevant information;
(2) On-site inspection, key investigation and special inspection;
(three) access to law enforcement files and other relevant documents;
(four) to conduct spot checks on law enforcement personnel;
(5) Accepting relevant letters, visits and complaints;
(six) review of major administrative punishment cases;
(seven) other ways to be taken.
Seven, the legal supervision room found problems in the process of administrative law enforcement supervision, according to the following provisions:
(a) to request the Urban Management Bureau to revoke or correct the administrative act in violation of the Administrative Punishment Law;
(two) cases of administrative punishment that exceed the authority of law enforcement shall be revoked and transferred to the relevant authorities for handling;
(III) law enforcement personnel who seriously violate the law, or abuse power for personal gain, accept bribes, or neglect their duties, suggest that the competent authorities cancel their administrative law enforcement qualifications and investigate their administrative responsibilities according to law; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Eight, law enforcement departments and their staff refused to accept supervision or do not cooperate with the supervision work, after criticism and education is still not correct, by the legal supervision office suggested that the person in charge be given administrative sanctions.
Nine, this system shall be implemented as of the date of promulgation. Administrative Law Enforcement Rules In order to ensure that urban management law enforcement personnel carry out law enforcement work fairly, accurately and in a timely manner, strictly administer according to law, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, these rules are formulated in accordance with the Administrative Punishment Law and relevant regulations, combined with the actual situation of this Municipality.
First, the notification procedure.
(a) before making a decision on administrative punishment, law enforcement officers must first fulfill the obligation of informing. No matter whether summary procedure or ordinary procedure is applied, the decision on administrative punishment that fails to fulfill the obligation of informing has no legal effect.