Is it mandatory for law enforcement units to participate in public service?

No. Article 17 of the "Administrative Punishment Law" Organizations authorized by laws and regulations to have public affairs management functions may carry out administrative punishments within the scope of statutory authorization. Article 18: In accordance with the provisions of laws, regulations, or rules, administrative organs may, within the scope of their legally-prescribed authority, entrust organizations that meet the requirements of article 19 of this Law to carry out administrative punishments.

Administrative organs must not entrust other organizations or individuals to carry out administrative punishments.

Entrusting an administrative organ to carry out an administrative punishment shall be responsible for oversight of the entrusted organization's conduct and bear legal responsibility for the consequences of that conduct.

Within the scope of the entrustment, the entrusted organization is to carry out administrative punishments in the name of the entrusting administrative organ; No other organization or individual must be entrusted to carry out administrative punishments.

Article 19: Entrusted organizations must meet the following requirements:

1) Institution organizations established in accordance with law to manage public affairs;

2) Have staff who are familiar with relevant laws, regulations, rules and operations;

3) Where it is necessary to conduct a technical inspection or appraisal of illegal conduct, there shall be capacity to organize the corresponding technical inspection or appraisal. However, these public institutions are generally fully funded by the government, and the direction of future reform should include some public institutions with law enforcement powers into the management of administrative law enforcement civil servants.

As long as the conditions of article 19 of the Administrative Punishment Law are met, they may be entrusted to carry out administrative punishments within the scope of authorization; Legal basis: Administrative Punishment Law: Articles 17, 18 and 19.

There are many kinds of civil servants, and not every civil servant can administer according to law or impose administrative penalties on the parties!

There are many law enforcement units, but all law enforcement must have a legal basis as the basis for their actions. If you are an administrative counterpart, then no matter what the other party does to you, you have the right to ask him to provide his identity certificate and the legal basis for your actions, if he does not provide them, you can not accept any of his actions (including penalties, etc.).

1. Not necessarily, such as the labor inspection brigade under the Human Resources and Social Security Bureau.

2. Participation in public service is a more colloquial expression for political cadres and staff of various units in China, and the full name is managed with reference to the Civil Servant Management Law. It refers to the management of units that entrust or authorize administrative law enforcement capabilities and personnel who do not belong to the civil service series, with reference to the Civil Servants Law. Personnel participating in public service units should be specifically analyzed, and the staff who have passed the normal examination of civil servants at the provincial and provincial levels (participating in public service) are not civil servants in the strict sense, but they are managed in accordance with the Civil Servant Law in terms of recruitment, promotion, assessment, and retirement.

Hello and thanks for the invitation. In fact, there is no unified explicit provision that administrative law enforcement personnel must be civil servants or participate in public affairs, and all provinces and cities shall carry out their work according to their own law enforcement needs and without violating the general principle (express regulations).

Do administrative law enforcement officers have to be civil servants? This is not, there is a local establishment in some places, commonly known as the business editor, at present, you can also obtain a law enforcement certificate and have law enforcement powers, but in the latest policy in 2021, it is mentioned that the business establishment will be abolished.

In short, the future administrative law enforcement personnel must be civil servants, and those who participate in the public service are formally not called civil servants, but called unit employees and the like.

There are also two types of public participationIf you want to really understand a person's identity, only from the organization and personnel office can there be clear information, and you may not be able to distinguish the identity attribute from the clothing. Therefore, if you want to apply for a job with administrative law enforcement powers, you must look at the attributes of the establishment given when you apply for the exam.

Now, under the determination of the leaders of the first class, the old accounts of history will be checked, and the rules and regulations will be re-standardized.

If you want to become an administrative law enforcement officer in the future, you must either strive to be admitted to the civil service establishment (administrative division), or have a career establishment (career division) through the form of promotion, and then apply to be transferred to the administrative division, but this quota will inevitably be more porridge less, if you have an idea to plan.

Under the standardized management of the first leadership, it will be difficult to implement a one-size-fits-all approach in the future, and turn the career establishment of all law enforcement departments into an administrative establishment.

One is to take into account the problem of funding, the treatment of civil servants is better, and the other is to take into account the issue of fairness, so that young people have more places to take the civil service examination, send young talents to the unit, strengthen the quality level of the law enforcement team, and create a better law enforcement force for our socialist environment in the new era!

There is a law enforcement certificate is not a civil servant, and the general law enforcement department has a law enforcement certificate, so there are some more one-sided ways to use the law enforcement certificate to prove that civil servants, and the public service personnel cannot be examined, and the law enforcement certificate is generally only available to the law enforcement department.

Those who have a law enforcement certificate are civil servants, and those who participate in public service can also take the exam, as long as they sign up for serious review in accordance with the regulations at the time of registration, they can also get the law enforcement certificate.

Not necessarily, there are some principals who can also have such certificates. Yes, it is also very good for such a person to obtain this certificate.

Do administrative law enforcement officers have to be civil servants or participate in public service?

Administrative law enforcement functions are exercised by the competent authorities as the main body, the main body of responsibility is the first and first departments, at the same time, the non-law enforcement personnel in the state administrative organs or institutions do not have administrative law enforcement qualifications. This is required by law and regulations, there is no doubt about that.

The prescribed requirements must be!! In practice, it can't all be !!

At present, the administrative law enforcement personnel are:Civil servants, public service personnel, and ordinary business personnelThree types of personnel.

In the reform of the classification of civil servants, civil servants are divided into:Comprehensive management, administrative law enforcement, professional and technicalThree, all three of which also implement the parallel rank policy.

At this stage, the administrative law enforcement personnel are in the direction of reform in the comprehensive law enforcement team, and the identity of the personnel in the comprehensive law enforcement team is very different, and the personnel participating in public affairs and ordinary business personnel are the main body of administrative law enforcement personnel.

Among the administrative law enforcement civil servants implemented in Shenzhen, Shanghai and other places, the identity of civil servants is that of personnel using administrative establishments, and they are treated and managed as cadres according to the administrative law enforcement civil servants.

In the vast majority of localities, especially in grass-roots districts and counties, administrative law enforcement personnel are basically ordinary institutions, with a small number of public participation establishments.

Although the reform of the public institutions that undertake administrative functions has now been completed, the administrative functions and administrative law enforcement functions do not completely correspond, and the administrative functions are biased towards management and administrative law enforcement are biased towards implementation. BecauseThe number of personnel involved in administrative law enforcement institutions is very large, so the reform is still maintaining the status quo, and it is likely to continue to be maintained for a long time.

Of course, it is the best direction of reform for law enforcement personnel in the ordinary business establishment to be converted into civil servants participating in public affairs or administrative law enforcement, but the number of administrative establishments and public participation establishments is strictly limited, so the difficulty of direct conversion is still very large, and it may be very difficult to operate at the grassroots level, and it is necessary to wait for the top-level design.

Good luck!

Yes. Because ordinary people do not have the power to enforce the law, administrative law enforcement personnel must be civil servants or participate in public service.

Civil servants, generally have a formal job position, can perform some things in their work, in order to protect their rights and interests.

Yes, of course. Because the problems faced are very serious, it must be carried out by professionals.

Not all administrative law enforcement institutions can participate in public affairs, and only those with relevant local conditions can.

The status of the personnel of the participating units is managed according to that of civil servants, and they do not need to pay endowment insurance and unemployment insurance, but only need to pay medical insurance. However, public institutions have to pay three insurances, and the channels for raising funds after retirement are different, and the financial burden of participating in the public is different; Social co-ordination of public institutions.

A small part of the can, more reliable is the China Banking Regulatory Commission, the Insurance Regulatory Commission, the Securities Regulatory Commission and other public institutions, public participation and public participation are also different, public participation organs (that is, such as workers and young women and other use of administrative units to participate in the public unit type accompaniment) and public institutions, public institutions according to the type of law enforcement is divided into authorized law enforcement and entrusted law enforcement, authorized law enforcement units are far more likely to be converted into civil servants than entrusted law enforcement units, and Sun Du and the reform of public institutions The state has two strict controls, one is that the number of institutions must not be brokenThere is also the need for the number of administrative establishments to exceed the existing number.

Question: Can the personnel of law enforcement institutions be converted to participate in public service or civil servants during the reform?

In the reform of the classification of public institutions, law enforcement institutions are generally characterized as administrative or public welfare administrative auxiliary units, and the staff of such units may be transitioned to public participation personnel as a whole. Nature of the unit: The law enforcement function is generally an administrative function, or the public institution under the administrative unit or the internal agency is authorized to enforce the law, and such units are classified as administrative institutions or public welfare institutions in the reform of the classification of public institutions.

It is easy to say that the first category of public welfare is purely a public institution, but if it is the second category of public welfare or the production and operation category, there is still a risk of restructuring. Before 2020, all production and operation units will be restructured into enterprises, and most of the units in the second category of public welfare will also be restructured and pushed to the society.

Because some of the previous public institutions undertook administrative functions, based on this, these were managed in accordance with the Civil Servants Law, referred to as "public participation". At present, however, in accordance with the spirit of the latest reform, it is necessary to solve the problem of "public institutions," that is, the administrative functions of public institutions should be stripped off and transferred to administrative units, and the only thing that should be retained is the administrative law enforcement functions. Without administrative functions, there is no basis for participating in public affairs.

Public institutions should return to their original public welfare attributes.

Due to the lack of clarity in the criteria for the identification of personnel participating in public affairs, the implementation measures for "participating in public affairs" in various provinces and cities are varied, and each does its own thing. Shandong, Zhejiang, Chongqing, Heilongjiang, Guangdong, and other provinces and municipalities published on the Internet "Implementation Measures for Public Participation" include workers hired in management and technical positions in the scope of "public participation". However, Hunan, Sichuan, Guangxi and other provinces excluded the status of workers.

Administrative law enforcement institutions that do not "participate in public affairs" should also be implemented in accordance with the personnel management regulations of public institutions, and the posts of public institutions are divided into three categories: management posts, specialized technical posts, and service posts, and the subject is in the service posts of public institutions. Administrative law enforcement institutions exercise administrative functions, in accordance with the relevant regulations, units can "participate in public service", the so-called "participation in public service" refers to the management of civil servants, in personnel recruitment, promotion, assessment, salary, retirement and other aspects of the management in full accordance with civil servants, and civil servants are exactly the same.

From this point of view, the staff of law enforcement institutions can be converted into public servants or civil servants in the next step with the overall transformation of the unit. Taking our city as an example, in the past two years, such as the cultural inspection detachment, the traffic law enforcement detachment, and the environmental protection inspection detachment, have all changed from the previous public institutions to participate in public affairs. In the next step, the second-tier law enforcement agencies of departments such as agriculture, forestry, water conservancy and other departments are estimated to be successively converted to participate in public affairs.

In my city, such as the Urban Management Law Enforcement Bureau, the Food and Drug Administration, and the Public Security Bureau, there are personnel from public institutions. I think this is also part of the reform of public institutions that will be destroyed in the next time.

Legal analysis: Public officials do not necessarily have the right to enforce the law, and only civil servants can have administrative law enforcement qualification certificates. Some units are entrusted with law enforcement or authorized by laws and regulations, and the nature of their units is not necessarily administrative organs, and their administrative law enforcement personnel are not necessarily civil servants.

This type of unit is not necessarily a civil servant or a public service membership, but is mainly a career organization.

Legal basis: Administrative Litigation Law of the People's Republic of China Article 59: Where litigation participants or other persons exhibit any of the following conduct, the people's courts may, on the basis of the severity of the circumstances, admonish them, order them to make a statement of repentance, or impose a fine of up to 10,000 yuan, or detain them for up to 15 days into a crime, and pursue criminal responsibility in accordance with law

1) Persons who have an obligation to assist in the investigation or enforcement of the investigation or enforcement without reason delaying, refusing, or obstructing the investigation or enforcement of the people's court's decision to assist in the investigation or the notice of assistance in enforcement, (2) Falsifying, concealing, or destroying evidence or providing false supporting materials, obstructing the people's court's trial of the case, (3) instigating, bribing, or coercing others to give false testimony, or threatening or preventing witnesses from testifying, (4) Concealing, transferring, selling, or destroying property that has been sealed, seized, or frozen (5) By deception, Coercion or other illegal means to cause the plaintiff to withdraw the lawsuit (6) Using violence, threats, or other methods to obstruct the performance of duties by the people's court personnel, or disrupting the work order of the people's courts by means such as making a ruckus or storming the courtroom, (7) Intimidating, insulting, slandering, framing, beating, besieging, or retaliating against the people's courts' adjudicators or other staff, litigation participants, or persons assisting in investigation and enforcement.

Where a people's court commits a crime by paying a fine or detaining a person who has any of the conduct provided for in the preceding paragraph, the principal responsible person or directly responsible personnel may pursue criminal responsibility in accordance with law.

Fines and detention must be approved by the president of the people's court. If the parties are not satisfied, they may apply to the people's court at the level above for reconsideration once. Enforcement is not suspended during the reconsideration period.