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【法规名称】婀栧寳鐪佽鏀挎墽娉曡矗浠昏拷绌舵殏琛屽姙娉
Interim Measures of Hubei Province on Investigation of Responsibilities in the Administrative Enforcement of Law
【发布时间】20060801
【实施时间】20060614
 
 
【English version】 【中文正文】 【中英文逐条对照】
 
 
 
Interim Measures of Hubei Province on Investigation of Responsibilities in the Administrative Enforcement of Law
Interim Measures of Hubei Province on Investigation of Responsibilities in the Administrative Enforcement of Law
Chapter One General Provisions
Article 1. With a view to preventing and reducing the occurrence of the illegal or improper acts of the administrative enforcement of law and the acts of the administrative omission, ensuring proper and efficient acts by the law enforcement administrative organs and their working staff, and promoting the administration by law, these Interim Measure are formulated pursuant to the Law of the People鈥檚 Republic of China on Administrative Supervision, the Law of the People鈥檚 Republic of China on Civil Servants, and the stipulations of other laws, rules and regulations.
Article 2. The responsibility in the administrative enforcement of law in these Interim Measures means the responsibility that the administrative organ for law enforcement and its working members shall bear because of their illegalities or the occurrence of the improper acts of the administrative enforcement of law and of the acts of the administrative omission, thus encroaching on the lawful rights and benefits of the administrative counterpart, or adversely affecting the public administration and resulting in the adverse effects or consequences.
Article 3. These Interim Measures shall be applicable to the investigation of the responsibilities in the administrative enforcement of law by the administrative organs for enforcement of law at all levels and the organizations which are authorized by the laws, rules and regulations and which are legally entrusted by the administrative organ for enforcement of law to perform functions and duties of the administrative enforcement of law (hereafter all referred to the administrative organ for law enforcement) and its working members.
Article 4. The principles of 鈥渟eeking truth from facts; righting every wrong; suiting liability to the wrong; combining punishment with education鈥 shall be adopted in the investigation of the responsibilities in administrative enforcement of law.
Chapter Two Investigation Range of the Responsibilities in Administrative Enforcement of Law
Article 5. Any one of the administrative organ for law enforcement and its working members that handles the administrative license and has any of the following circumstances shall be investigated for the responsibilities in administrative enforcement of law:
1). Denies the administrative license application which complies with the legal proceedings;
2). Does not give an explanation, according to law, for denying the administrative license application or for refusing to grant the administrative license.
3). Handles the administrative license not in accordance with the laws or makes the decision of handling the administrative license in excess of one鈥檚 legal authority;
4). Handles the administrative license in violation of the legal procedures;
5). Charges the fees in an illegal way; .
6). Does not publicize the criterion, procedures, conditions, and consequences in handling the administrative license.
7). Does not actively coordinates the administrative license affairs that involve more than two departments, shifts responsibility onto others or delays the handling, or does not deliver it to or delays sending it to another department for further handling after the relevant procedures are handled in the concerned department.
8). The other circumstances that violate the law of administrative license, adversely affect the administrative license work, and encroaches on the lawful rights and benefits of the administrative license applicants and the interested persons.
Article 6. Any one of the administrative organ for law enforcement and its working members performing the administrative collection and expropriation has any of the following circumstances shall be investigated for responsibilities in administrative enforcement of law.
1). Performs the collection and expropriation not in accordance with the law;
2). Sets up or increases the items for the collection and expropriation without authorization, alters the range and standard for the collection and expropriation without authorization;
3). Performs the collection and expropriation in violation of the legal procedures;
4). Detains, divides or embezzles the funds or materials of the collection and expropriation without authorization;
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1,577,998 14,432,559 6,506
3,759 567,978 2,406
5,668 49,362 23,598
2,676 4,305 37,574
10,115 1,918 183,759
10,110 652 73,759
1,016 3,521 24,474
14,601 760 4,528
8,342 5,923
 
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