How to prevent and deal with the problem of difficulty in investigation and evidence collection in r

Solicit the opinions of the law enforced, the government is well-connected, and the political dignitaries are clear.

Keep in mind the following two procedures, and everything will remain the same. There are two kinds of procedures in administrative punishments: first, the summary procedures are to indicate identity, explain the reasons, give statements to the parties, make records, make punishment decisions, record, and enforce. Second, the general procedures are to file a case, investigate and collect evidence, explain the reasons and inform the rights, hear the statements of the parties, and make a penalty decision.

This is the most basic procedure in administrative law and is applicable to any law enforcement agency. View the original post

Administrative law enforcement risk refers to the various potential dangers caused by various uncertainties in the process of administrative law enforcement functions of administrative law enforcement departments. Administrative law enforcement risks certainly exist, but they are not impossible to prevent and resist. It is recommended to start from the following aspects to consciously avoid the risk of performing duties and minimize the risk of law enforcement:

First, we must persist in administering according to law. Correct the concept of law enforcement, and establish a correct view of risk and responsibility. Enhance political awareness, awareness of the overall situation, sense of responsibility, awareness of danger, and awareness of the position, adhere to the principles of openness, fairness, and justice in law enforcement, do not exceed authority or overstep, and reasonably and correctly exercise administrative discretion.

The second is to strengthen team building. In order to resolve the risk of law enforcement, industrial and commercial law enforcement personnel must have a certain comprehensive quality that can correctly carry out law enforcement activities. It is necessary to strengthen professional training, continuously improve the political and ideological level, professional knowledge and ability of law enforcement personnel, and their ability to protect themselves, and strive to reduce the risk of law enforcement caused by their own factors.

The third is to standardize law enforcement behavior. Legal procedures and authority must be followed to standardize law enforcement behavior. In accordance with relevant laws and regulations, the case should be filed, investigated, and administratively punished, to ensure that the case is correctly characterized, the evidence is sufficient, and the procedures are lawful.

Fourth, improve the supervision mechanism. Further improve the system of case review, fines and confiscation, case return visits and case handling discipline, form a sound internal supervision mechanism, and establish a pre-supervision mechanism to move the threshold forward, resolve the risk in a timely manner, and ensure that party members and cadres have zero violations of discipline. Fifth, establish and improve the evaluation reward and punishment mechanism.

It is necessary to establish a corresponding appraisal and appraisal system to organically integrate the quality of law enforcement work with the appraisal and appraisal of cadres and their promotion and appointment. Vigorously promote the rotation system of law enforcement posts. It is necessary to rotate law enforcement areas and rotate law enforcement work and other administrative work in the form of a system.

Actively explore the establishment of law enforcement safeguard mechanisms. Law enforcement officers cannot be punished without reward. It is envisaged that a special project for administrative law enforcement can be established, and part of the law enforcement funds will be withdrawn from the law enforcement funds and invested in the special project every year, and the special funds will be used exclusively to reward those who have made major meritorious contributions, and give subsidies to law enforcement personnel when they are physically and economically harmed in the line of duty, and give a one-time subsidy according to the law enforcement working hours when law enforcement personnel retire, etc.

As long as we strictly enforce the law, we will reduce the number of criminals and gradually reduce the problem of insufficient personnel.

The problem of difficulty in administrative law enforcement of transportation may be very complicated, but the basic reason is that there are too many approval (licensing) systems, and the discretion of fines and penalties is too large. The on-site law enforcement situation is complicated, and the traffic police should jointly enforce the law, the traffic police stop the car, the traffic traffic police jointly inspect, and the police should be called to the police station to deal with the violent resistance to the law, and illegal operations such as chasing cars can not be chased.

Improve the quality of inspections

1. Attach great importance to ideology. Since road inspection is the daily work of road officers, everyone is very familiar with the roads and facilities under their jurisdiction, and it is easy to be paralyzed and careless after a long time. Therefore, the road administration personnel must correct their thinking, and conscientiously do a good job in the inspection work with the attitude of being responsible for the work, being responsible for the post, and being responsible for the drivers and passengers, so as to avoid being a mere formality and a fancy road patrol.

2. Observe more during patrols. During road inspection, patrol vehicles should maintain a uniform speed according to regulations, which is conducive to the observation of the road surface and both sides of the highway by the road officer in the car. In the daily patrol, the road administration personnel should carry out inspections with a heart that is good at "finding problems", improve the detection rate and work efficiency, and ensure that the road administration patrol is "quality and quantity".

3. Do more than ask questions during patrols. From the point of view of the purpose of road administration patrol, it is to prevent or intervene in advance through patrol to affect road traffic safety and encroachment on road property and right of way. If abnormal situations are found during patrols, such as spilled objects and obstacles on the road, they should be cleaned up in time; If the faulty car is parked on the shoulder, it should be questioned and solved in time; In addition, the problems encountered in the inspection that cannot be solved by themselves should be communicated and cooperated with the traffic police, maintenance, toll collection and other relevant departments in a timely manner, and find a way to solve the problem as soon as possible.

Do the first time to report information and do a good job of information exchange and exchange with the central control room.

4. Make more records during patrols. The inspection records should not only be filled in detail to correct and stop violations, road property losses and inspections, but also fill in the vehicles, equipment handover and road administration inspections in the unfinished matters, and at the same time accurately indicate the time and place of each incident.

The role of road administration inspection:

1. Highway administration inspection to protect highway property and right of way;

2. Road administration inspections to ensure public travel and improve the traffic environment;

3. Road administration inspection to improve the team's business level and self-construction.

Highway inspection content:

1. The road property is in good condition, the signs are in good condition, and there is no road damage to escape;

2. Prevent the construction of permanent buildings, including fences, houses, illegal billboards, etc., in the building control area (commonly known as the building red line);

3. Normal operation of mechanical and electrical equipment; The integrity of flood control facilities and fire-fighting facilities, including the normal operation of vehicles and pedestrian emergency passages in the tunnel, the lane indicator lights, etc., and the integrity of fire extinguishers;

4. In terms of traffic safety, stop all behaviors that hinder traffic safety, including illegal parking of vehicles, wrong-way driving, etc., and dissuade pedestrians from leaving the road;

5. Road appearance (including cleaning up road garbage, small animal carcasses, beverage bottles, etc.);

6. Governance of super-supervision;

7. Keep the highway smooth, and discourage vehicles from maliciously gambling at the toll station.

With the development of social economy and the improvement of people's living standards, stable social order and a safe living environment have become more and more needed by people, and as administrative law enforcement personnel in the process of building the rule of law, their attitude and ability to enforce administrative law play a vital role in maintaining stability in all aspects of society. Then, how to effectively prevent the "law enforcement risk" in administrative law enforcement has become a problem that administrative departments continue to think about in their daily work.

In order to make administrative law enforcement personnel more aware of the responsibilities of their positions, put the performance of responsibilities and strict law enforcement in an important position, and continuously improve the ideological and political quality and professional work ability of administrative law enforcement personnel, the Law Application Branch of China Democracy and Legal Publishing House (Legal Propaganda Network) invited more than a dozen authoritative administrative law experts to record a high-end training lecture on the rule of law in 2016 during the implementation of the "Seventh Five-Year Plan", which contains a total of 29 course contents. Among them, the application of rule of law thinking and risk prevention in the process of administrative law enforcement was delivered by Wang Zhenyu, vice president of the Administrative Trial Division of the Supreme People's Court, and was taught in an easy-to-understand manner by combining actual law enforcement cases. It has a positive effect on administrative law enforcement personnel to prevent the risk of enforcing the law, solve law enforcement problems, and improve law enforcement capabilities.

Taking procedural risks as an example, Wang Zhenyu listed ten elements that should be paid attention to in administrative law enforcement procedures.

First, the necessary steps must not be exhausted, that is, those necessary steps cannot be omitted. For example, some laws stipulate that the seizure of property by administrative organs must be reported to the director of the bureau for approval, and if it is not reported to the director of the bureau, it will be directly seized or sealed, which is classified as omitting necessary steps. However, there are some steps that can be saved, such as the need to sometimes provide more options for the administrative organ, so that it can do a better job of administrative behavior according to some circumstances.

Depending on the situation, it can tone a certain step, such as whether or not to ask for advice.

Second, the number of illegal steps should not be increased, that is, some steps cannot be increased casually, because sometimes arbitrarily adding more steps may increase a lot of burden on the ordinary people. Of course, if the administrative act is conducive to doing it better, it cannot be said that it must not be increased. For example, the law brother does not stipulate that this thing cannot be held in expert debate meetings.

So for the sake of prudence, it is not impossible to hold an expert argumentation meeting when it comes to professional issues.

3. The order should not be reversed, and if the law requires the order between the steps, it cannot be reversed at will.

Fourth, it is necessary to pay attention to methods and methods, and the law stipulates that there must be two people during the investigation, and they must pay attention to their attire, and they must also say some prescribed terms, etc.

Fifth, the formal requirements are complete, and the law requires that there is a formal requirement to do this formal act, and the general law does not stipulate what form it is, and it is presumed to be in written form, and it must be made in a written form.

If you want to know more about the training content of Wang Zhenyu, Vice President of the Administrative Trial Division of the Supreme People's Court, on how to effectively prevent "law enforcement risks" in administrative law enforcement, please log on to the legal publicity ** website to view the training lecture on improving the ability of legal administrative law enforcement.

Collection Recommendation The determination of work-related injury mainly solves the legal liability relationship between the rights and obligations of the employer and the employee when the work-related injury occurs. Whether it is recognized or not is closely related to the vital interests of the employee, and is also directly linked to the economic interests of the employer (when the work-related injury insurance is not co-ordinated). Therefore, a very prominent problem has emerged in the identification of work-related injuries, especially in non-public employers

It is difficult to investigate and collect evidence for work-related injury identification. It is mainly manifested in four links: First, the accident report is not timely or concealed.

It is a statutory duty of the employer to report a work-related accident. Failure to report in accordance with regulations will lead to the inability to obtain first-hand information at the scene of the accident, and the authenticity and reliability of the evidence will be discounted if evidence is collected in the future. In view of this situation, the "Labor Law" and the "Provisions on the Reporting and Handling of Accidents of Enterprise Employees" only make the provision that "the relevant responsible person shall be administratively punished, and the criminal liability shall be investigated according to law if a crime is constituted", but the issue of the necessary materials required for the identification of work-related injuries has still not been resolved, which makes it difficult to accurately identify work-related injuries; Second, the unit consciously did not cooperate with the investigation and did not fulfill its obligations, with the aim of evading responsibility.

According to the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, the applicant for work-related injury benefits can be either an enterprise or an injured employee or his or her relatives. In the process of investigation and evidence collection, a considerable number of persons in charge of the unit did not cooperate with the investigation for various reasons, making it difficult for the investigation and evidence collection to proceed smoothly; Third, it is difficult for informed parties to investigate and collect evidence.

1. When each law enforcement unit under the bureau conducts an investigation or inspection, there shall be no less than two law enforcement personnel. Law enforcement personnel investigating and handling illegal acts shall present an administrative law enforcement certificate or a transportation administrative law enforcement certificate.

2. Where law enforcement personnel need to consult or copy records, documents, business correspondence and other materials related to illegal activities from relevant units, they shall present a letter of assistance in the investigation issued by the competent department of transportation.

Legal basis: Administrative law enforcement investigation and evidence collection system:

Article 13: When each law enforcement unit under the bureau conducts an investigation or inspection, there shall be no less than two law enforcement personnel. Law enforcement personnel investigating and handling illegal acts shall present an administrative law enforcement certificate or a transportation administrative law enforcement certificate.

Article 14: Where law enforcement personnel need to consult or copy records, documents, business correspondence, and other materials related to illegal activities from relevant units, they shall present a letter of assistance in the investigation issued by the competent department for transportation.