Article 1 is to regulate the administrative law enforcement behavior of this city's administrative law enforcement agencies and ensure that the administrative law enforcement decisions they make are legal, fair and just. According to the "Administrative Punishment Law of the People's Republic of China" and " Laws, regulations, such as the Administrative Licensing Law of the People's Republic of China, the Administrative Enforcement Law of the People's Republic of China, the Regulations on Supervision of Administrative Law Enforcement of Gansu Province, and the Legal Review Methods of Major Administrative Law Enforcement Decisions of Gansu Province, These regulations are formulated in accordance with the regulations and in light of the actual situation of this city. Article 2 All administrative law enforcement agencies in this city shall strictly implement the legal review system for major administrative law enforcement decisions.

The legal review system for major administrative law enforcement decisions refers to the internal agency or designated internal agency responsible for legal work (hereinafter collectively referred to as the legal agency) before the administrative law enforcement agency makes a major administrative law enforcement decision. The internal supervision and control system shall review its legality and appropriateness and provide written review opinions. No decision shall be made without legal review.

Administrative law enforcement agencies may hire legal consultants to assist in participating in legal review work. Article 3: If two or more administrative law enforcement agencies jointly make a major administrative law enforcement decision, the legal agency of the leading administrative law enforcement agency shall be responsible for conducting legal review, and the legal agencies of other administrative law enforcement agencies shall participate in the review. Article 4 The legal review of major administrative law enforcement decisions shall adhere to the principles of seeking truth from facts, fairness and impartiality, and timely review, and ensure clear facts, conclusive evidence, accurate characterization, legal procedures, appropriate discretion, standardized production of legal documents, and standardized use of legal terms. Article 5 The major administrative law enforcement decisions referred to in these Measures include:

(1) Major administrative penalty decisions;

(2) Major administrative licensing decisions;

(3) Major administrative enforcement decisions;

(4) Major administrative expropriation decisions;

(5) Other major administrative law enforcement decisions. Article 6: Administrative law enforcement agencies may refer to the relevant regulations of the superior business department and combine with the actual situation of the department to expand the scope of legal review of major administrative law enforcement decisions.

If the administrative law enforcement agency deems that other administrative law enforcement decisions require legal review, the legal agency may conduct legal review. Article 7 Administrative law enforcement agencies shall determine the reasons for major administrative law enforcement decisions of their departments based on the specific circumstances of the department's performance of administrative penalties, administrative licensing, administrative enforcement, administrative collection and other administrative law enforcement duties, combined with factors such as the field to which it belongs, the amount involved, and social impact. Specific scope and legal review time limit. Article 8 The legal system shall issue legal review opinions within the time limit specified by the administrative law enforcement agency. If the case is complex, it may be extended appropriately with the approval of the person in charge of the legal agency of the administrative law enforcement agency.

Legal review of major law enforcement decisions should be completed within the case handling period stipulated in laws and regulations. Article 9 Before requesting the person in charge of the administrative law enforcement agency to make or collectively discussing a decision to make a major administrative law enforcement decision, the law enforcement agency shall submit the following case materials and relevant information to the legal agency for legal review:

(1) The administrative law enforcement decision to be made;

(2) Opinions of the law enforcement agencies and their reasons and basis;

(3) Evidence;

(4) Hearing transcripts;

(5) Sampling, quarantine, testing and inspection reports;

(6) Appraisal or expert review opinions;

(7) Other relevant Material. Article 10: If administrative law enforcement personnel need to carry out major administrative law enforcement actions on the spot under emergency circumstances, they shall make up for the legal review procedures afterwards, and promptly submit the case materials and relevant information to the legal agencies for legal review. Article 11 If an administrative law enforcement officer implements a major administrative law enforcement act on the spot, and when completing the review procedures afterwards, the legal review opinion issued by the legal institution is that the law enforcement action should not be taken, the administrative law enforcement officer shall immediately report to the person in charge of the administrative law enforcement agency to decide whether correct or take other measures. Article 12 Legal institutions shall review major administrative law enforcement decisions to be made from the following aspects:

(1) Whether the subject of the administrative law enforcement agency has the qualifications as a law enforcement subject, and whether the administrative law enforcement personnel have the qualifications for law enforcement ;

(2) Whether it exceeds the scope of authority of this agency;

(3) Whether the facts are clear and whether the evidence is conclusive;

(4) Whether the procedure is legal and Justified;

(5) Whether the applicable laws, regulations or rules are accurate, and whether the implementation discretionary basis is appropriate;

(6) Whether the production of administrative law enforcement documents is standardized;

(8) Other contents that should be reviewed. Article 13: Legal institutions conduct legal review of major administrative law enforcement decisions and have the right to access relevant information on administrative law enforcement activities, and in principle adopt a written review method. When necessary, the parties, relevant administrative law enforcement agencies and law enforcement personnel may investigate the situation, listen to the opinions and suggestions of the parties, or request supplementary investigation and explanation of relevant matters.

Article 14: After reviewing the major administrative law enforcement decisions to be made, the legal institutions shall provide corresponding written opinions or suggestions based on different circumstances:

(1) The administrative law enforcement subjects and law enforcement personnel are qualified and applicable If the laws, regulations, and rules are accurate, the basis for enforcement discretion is appropriate, the facts are clear, the evidence is conclusive, the characterization is accurate, the procedures are legal, and the law enforcement documents are standardized, an agreed opinion is provided;

(2) If the administrative act cannot be established, Put forward a suggestion not to issue an administrative law enforcement decision;

(3) If the characterization is inaccurate, the applicable laws, regulations, rules and discretionary standards are inappropriate, propose changes;

(4) ) If the procedures are illegal, put forward corrective opinions;

(5) If the facts are unclear, the evidence is insufficient, and the law enforcement documents are not standardized, provide supplementary opinions on return;

(6) If the agency exceeds the limit, If the jurisdiction falls within the scope of jurisdiction, an opinion on transfer shall be made.