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Anonymous users2024-02-07Legal analysis: administrative law enforcement agencies should establish and improve the administrative law enforcement responsibility system, standardize administrative law enforcement activities, strengthen education and training and supervision and inspection, and in accordance with the provisions of the administrative evaluation and assessment work.
Legal basis: "Zhejiang Provincial Administrative Law Enforcement Fault Accountability Measures" Fifth administrative law enforcement agencies and their staff in administrative law enforcement activities, there are the following non-performance of statutory duties, resulting in harmful consequences or adverse effects, shall be investigated for administrative law enforcement fault responsibility (hereinafter referred to as fault responsibility) :(A) complaints, reports, appeals, accusations, reports of citizens, legal persons or other organizations not in accordance with the provisions of the investigation, handling; (2) Failing to follow the provisions of the provisions for the implementation of permits and approvals for applications that meet the statutory requirements; (C) not in accordance with the provisions of the performance of inspection, inspection, monitoring and other administrative supervision duties; (4) Other situations of waiver, prevarication, delay, or refusal to perform legally-prescribed duties.
Sixth administrative law enforcement organs and their staff in administrative law enforcement activities, the following incorrect performance of statutory duties, resulting in harmful consequences or adverse effects, shall be investigated for fault responsibility: (A) beyond the authority; (2) Violating legally-prescribed procedures; (3) There is no lawful basis, or the basis for application is wrong; (4) The determination of basic facts is unclear or the main evidence is insufficient; (5) Deliberately making things difficult, choosing to enforce malpractices and disturbing the law, abusing discretion, or the conduct of administrative law enforcement is clearly improper or the results of administrative law enforcement are clearly unfair; (6) The methods of administrative law enforcement are obviously rude; (7) Other circumstances that violate the authority, conditions, procedures, time limits or methods of administrative law enforcement provided for by laws, regulations, or rules.
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Anonymous users2024-02-06Legal analysis: administrative law enforcement agencies should establish and improve the administrative law enforcement responsibility system, standardize administrative law enforcement activities, strengthen education and training and supervision and inspection, and in accordance with the provisions of the year to do a good administrative evaluation and assessment work.
Legal basis: "Zhejiang Provincial Administrative Law Enforcement Fault Accountability Measures" Fifth administrative law enforcement agencies and their staff in administrative law enforcement activities, there are the following non-performance of statutory duties, resulting in harmful consequences or adverse effects, shall be investigated for administrative law enforcement fault responsibility (hereinafter referred to as fault responsibility) :(A) complaints, reports, appeals, accusations, reports of citizens, legal persons or other organizations not in accordance with the provisions of the investigation, handling; (2) Failure to follow provisions for permitting or approving applications that meet legally-prescribed requirements; (C) not in accordance with the provisions of the performance of inspection, inspection, monitoring and other administrative supervision duties; (4) Other situations of waiver, prevarication, delay, or refusal to perform legally-prescribed duties.
Article 6: Administrative law enforcement organs and their staffs in administrative law enforcement activities, in the following situations of improper performance of statutory duties, causing harmful consequences or adverse impacts, shall be held accountable: (A) exceeding their authority; (2) Violating legally-prescribed procedures; (3) There is no lawful basis, or the basis for application is wrong; (4) The determination of basic facts is unclear and the main evidence is insufficient; (5) Deliberately making things difficult, choosing to enforce the law, abusing discretion, or the conduct of administrative law enforcement is clearly improper or the results of administrative law enforcement are clearly unfair; (6) The methods of administrative law enforcement are obviously rude; (7) Other circumstances that violate the authority, conditions, procedures, time limits or methods of administrative law enforcement provided for by laws, regulations, or rules.
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Anonymous users2024-02-05Legal Analysis: The newly revised Provisions on the Investigation of Responsibility for Law Enforcement Mistakes by the Public Security Organs' People's Police came into force on March 1, 2016. Compared with the provisions promulgated and implemented on June 11, 1999, the new regulations stipulate that if a wrongful conviction is caused by intentional or gross negligence, the responsibility for law enforcement fault shall be pursued for life without the impact of the change or retirement of the unit, position, rank or retirement of the person responsible for law enforcement fault.
The provisions point out that law enforcement fault refers to law enforcement errors caused by the people's police of public security organs intentionally or negligently in the course of law enforcement and case handling, such as errors in the determination of facts, errors in the application of law, violations of legal procedures, or decisions on illegal handling.
Legal basis: "Provisions on the Investigation of Responsibility for Law Enforcement Mistakes by the People's Police of Public Security Organs".
Article 1: These Provisions are drafted on the basis of the "People's Police Law of the People's Republic of China", the "Regulations on the Punishment of Civil Servants in Administrative Organs", and other relevant laws and regulations, so as to implement the responsibility system for law enforcement and case handling, to improve mechanisms for pursuing responsibility for law enforcement faults, to ensure that public security organs and their people's police correctly perform their duties in accordance with law, and to protect the lawful rights and interests of citizens, legal persons, and other organizations.
Article 2: "Law enforcement faults" as used in these Provisions refers to law enforcement errors caused by the people's police of public security organs, intentionally or negligently, in the course of law enforcement and case handling, such as errors in the determination of facts, errors in the application of law, violations of legally-prescribed procedures, or decisions to handle violations. Where there are law enforcement flaws in areas such as the presentation of facts, the citation of legal provisions, or the drafting of documents, and do not impact the correctness and effectiveness of the outcome of the case handling, it is not a law enforcement fault as used in these Provisions, and responsibility for law enforcement fault is not to be pursued, but shall be included in the law enforcement quality evaluation for oversight and correction.
Article 3: The pursuit of responsibility for law enforcement faults shall follow the principles of seeking truth from facts, correcting mistakes, commensurate mistakes with punishments, and combining education with punishment.
Article 4: In efforts to pursue responsibility for law enforcement mistakes, public security organs' departments such as for discipline inspection, supervision, personnel, legal system, and law enforcement and case handling shall each bear their own responsibilities and cooperate with each other.
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