What Is Law Enforcement Software?

The static administrative organization itself has no procedures at all. The administrative law enforcement procedures are for administrative law enforcement actions. They are designed to regulate administrative law enforcement actions and prevent the rights of counterparties from being violated by the arbitrary judgment of administrative subjects. They are administrative Law enforcement is manifested in time and space. The so-called space form refers to the manifestation form of administrative law enforcement, such as oral form, written form, and action form. The so-called time form refers to the sequence of administrative law enforcement actions and every link that must be performed. For example, the Public Security Administration Punishment Law stipulates that public security organs must make public security punishment through four links: summoning, inquiry, evidence collection and ruling. This form has a time limit.

Administrative law enforcement procedures

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The static administrative organization itself has no procedures at all,

Administrative enforcement procedures are

Different types of programs also have different characteristics:

Administrative law enforcement applies laws and regulations directly to individuals or organizations and directly affects the rights and obligations of individuals or organizations. If administrative permission is granted

Article 54 The term "administrative law enforcement" as mentioned in these Provisions refers to administrative permits, administrative penalties, administrative coercions, administrative payments, administrative expropriations, administrative confirmations, etc., which are made by administrative agencies in accordance with laws, regulations, and rules, and affect citizens, legal persons, or other organizations. Specific administrative actions of rights and obligations. ^[1]

Article 55 The basis for administrative law enforcement includes laws, administrative regulations, local regulations, and rules. ^[1]

The basis of administrative law enforcement shall be made public. Those without disclosure shall not be used as the basis for administrative law enforcement. ^[1]

Article 56 The legal system department of the people's government at or above the county level shall publicize the qualifications of the subjects of administrative law enforcement within its administrative area to the society. ^[1]

Administrative law enforcement personnel shall participate in administrative law enforcement training in accordance with the provisions of the Provincial People's Government, pass the examination, obtain administrative law enforcement certificates, and hold a post with a certificate. ^[1]

Article 57. Under the authorization of the State Council, the provincial people's government may decide an administrative organ to exercise the power of administrative punishment by the relevant administrative organ. ^[1]

The administrative organ that exercises the power of administrative punishment in a centralized manner is the administrative law enforcement department directly led by the people's government at the same level, and has the qualification of an administrative law enforcement subject. ^[1]

After the administrative punishment power is relatively concentrated, the relevant administrative law enforcement departments shall no longer exercise the adjusted administrative punishment power; if they continue to exercise it, the administrative penalty imposed shall be invalid. ^[1]

With the approval of the State Council, the provincial people's government may, on the basis of the principles of streamlining, unity, and effectiveness, decide an administrative organ to exercise the administrative permission of the relevant administrative organ. ^[1]

Article 58 The people's governments at or above the county level may, in accordance with the needs of administrative management, organize relevant administrative organs to jointly enforce the law. ^[1]

Administrative law enforcement decisions in joint law enforcement shall be made by the administrative agencies participating in the joint law enforcement within their respective areas of competence, and they shall bear corresponding legal responsibilities. ^[1]

Article 59 If administrative law enforcement matters need to be handled by multiple agencies within the administrative organ, the administrative organ shall determine one agency to uniformly accept applications from citizens, legal persons or other organizations and uniformly serve administrative enforcement decisions. ^[1]

For matters that are handled jointly by two or more government departments, the people's government at or above the county level may determine a department or the government affairs center window to accept applications in a unified manner, copy relevant matters to relevant departments in the form of e-government, and implement parallel online approval. ^[1]

Article 60 When handling administrative law enforcement matters, administrative organs shall improve internal working procedures, clarify the undertaker, reviewer, and approver. According to the basis, conditions and procedures of administrative law enforcement, the undertaker shall submit preliminary opinions and reasons for review, and shall be reviewed by the reviewer After the decision is approved by the approver. ^[1]

Article 61 The administrative law enforcement activities directly related to the daily life and production of the people are mainly implemented by city, state, and county administrative departments. ^[1]

The county-level people's government work department may entrust the township people's government to implement administrative law enforcement when necessary, and the specific measures shall be formulated separately by the provincial people's government. ^[1]

Article 62 In the process of administrative law enforcement, the administrative organ shall promptly inform the parties and interested parties of relevant law enforcement facts, reasons, basis, legal rights and obligations in accordance with the law. ^[1]

The notice of administrative law enforcement shall be in written form. In emergency situations, other methods can be used orally. The exception is that laws, regulations and rules must be notified in writing. ^[1]

Article 63 If administrative law enforcement directly affects the rights and obligations of the parties and does not belong to the need to implement them immediately, the administrative organ shall first use education, counselling, and persuasion to urge the parties to consciously perform their legal obligations and correct errors. The parties involved in the violation of the law are minor, consciously perform their legal obligations after education, and have not caused harmful consequences, they may not be held liable. ^[1]

Illegal acts are minor and corrected in a timely manner, without causing harmful consequences, no penalty will be imposed. ^[1]

Administrative Enforcement Procedures

Article 64 Administrative law enforcement procedures shall be initiated by administrative organs in accordance with their functions and powers, or by applications of citizens, legal persons and other organizations.

Administrative organs shall initiate procedures in accordance with their functions and powers, and administrative law enforcement personnel shall fill out a procedure initiation approval form with a uniform number and submit it to the person in charge of this administrative organ for approval. If the situation is urgent, it may be reported afterwards.

Citizens, legal persons, or other organizations may consider that their application items meet the statutory requirements and may apply to the administrative organ to initiate administrative law enforcement procedures.

Article 65 The administrative organ shall process the applications made by the parties separately according to the following circumstances:

(1) If the application matters do not fall within the scope of the administrative authority of the administrative organ according to law, a decision of rejection shall be made immediately, and the parties shall be informed to apply to the relevant administrative organ;

(2) If the application materials contain errors that can be corrected on the spot, the parties should be allowed to correct them on the spot;

(3) If the application materials are incomplete or inconsistent with the legal form, the parties shall be informed on the spot or within 5 days of all the content that needs to be corrected. If the application materials are not notified within the time limit, they shall be accepted from the date of receipt of the application materials; If no supplement is made, the application shall be deemed to be withdrawn;

(4) Where the application matters fall within the scope of authority of this administrative organ, the application materials are complete and conform to the statutory form, or if the party submits all the application materials for correction in accordance with the requirements of this administrative organ, the party's application shall be accepted.

Where an administrative organ accepts or rejects an application from a party, it shall issue a written voucher stamped with the seal of the administrative organ and dated. ^[1]

Section III Investigation and Evidence of Administrative Law Enforcement Procedures

Article 66 After the administrative procedures are initiated, the administrative organ shall investigate the facts and collect evidence.

When investigating law enforcement officials of administrative organs, there shall be no less than two law enforcement officers, and they shall present the administrative law enforcement certificates to the parties or relevant personnel and record them in the investigation records. If the law enforcement officials of the administrative organs do not show their administrative law enforcement certificates, the parties or relevant personnel have the right to refuse to accept investigation and provide evidence.

Article 67 The parties shall cooperate with the administrative organ in the investigation and provide materials and information related to the investigation. Citizens, legal persons or other organizations that are aware of the relevant circumstances shall assist the administrative authorities in their investigations.

Citizens assist administrative agencies in their investigations, and their units must not deduct wages. Where there is no work unit, the administrative agency shall subsidize the loss of lost time due to assistance in investigations based on the average daily wages of employees in the previous year. Other reasonable expenses arising from assisting the investigation shall be borne by the administrative organ.

Article 68 Administrative organs shall adopt lawful means and in accordance with statutory procedures to collect evidence objectively and comprehensively, and shall not collect only evidence that is unfavorable to the parties.

Article 69 Evidence of administrative law enforcement includes: (1) documentary evidence; (2) physical evidence; (3) statements by the parties; (4) witness statements; (5) audiovisual materials; (6) appraisal conclusions; (7) survey records 2. On-site transcripts.

Article 70 The following evidence materials shall not be used as the basis for administrative law enforcement decisions:

(1) Collected in serious violation of legal procedures;

(2) Obtained by infringing on the legitimate rights and interests of others by illegal means, such as illegal photographing, illegal recording, and illegal tapping;

(3) Obtained through improper means such as inducement, fraud, coercion or violence;

(4) Copies or reproductions of evidence that is not supported by other evidence and is not recognized by relevant personnel;

(5) Being technically incapable of discerning serious fakes;

(6) Testimonies provided by witnesses who cannot correctly express their will;

(7) Formed outside the territory of the People's Republic of China without completing legal certification procedures;

(8) Other evidence materials without legality and authenticity.

Article 71 The evidence used as the basis for administrative law enforcement decisions shall be verified. The parties concerned have the right to express opinions and raise objections to the evidence on which the verdict is based. Evidence without the parties' opinions cannot be used as the basis for administrative enforcement decisions.

Article 72 The administrative organ shall bear the burden of proof on the legality and adequacy of administrative enforcement decisions made in accordance with its functions and powers.

Where an administrative organ makes an administrative law enforcement decision upon application, the parties shall truthfully submit relevant materials to the administrative organ to reflect the true situation. If the administrative organ considers that it does not meet the legal requirements, the administrative organ shall bear the burden of proof.

Article 73 Before making an administrative enforcement decision, the administrative organ shall inform the parties and interested parties that they have the right to state their opinions and defenses, and to listen to their statements and defenses.

The statements and defenses of the parties and interested parties shall be recorded by the administrative organ and put on file.

The administrative organ shall review the facts, reasons and evidences put forward by the parties and interested parties and adopt their reasonable opinions; if they do not accept them, they shall explain the reasons.

Article 74 Under any of the following circumstances, the administrative organ shall hold a hearing before making a decision on administrative law enforcement:

(1) The laws, regulations and rules stipulate that a hearing shall be held;

(2) after the administrative organ informs the right to a hearing according to law, the parties and interested parties apply for a hearing;

(3) deemed necessary by the administrative organ;

(4) If the parties or interested parties apply, the administrative organ deems it really necessary. ^[1]

Decisions in Section IV of Administrative Enforcement Procedures

Article 75 General administrative law enforcement decisions shall be made by the principal or the person in charge of the administrative organ.

Major administrative law enforcement decisions shall be decided through collective discussions by the heads of administrative organs.

Major administrative law enforcement matters that involve the overall situation of economic and social development, affect the public interest, and are highly professional and technical, should be decided after expert deliberation or review.

Article 76 The administrative law enforcement decision takes effect from the date of service.

Where an administrative law enforcement decision attaches conditions or a time limit, the conditions or time limit for effectiveness shall be stated.

Article 77 An administrative law enforcement decision document shall specify the following:

(1) the basic situation of the parties; (2) the facts and evidence to prove the facts; (3) the applicable legal norms; (4) the content of the decision; (5) the manner and time of performance; (6) the channels and duration of relief; (7) the seal and date of the administrative organ; (8) other matters that should be stated.

Administrative law enforcement decision documents should be produced; if simplified procedures are applicable, formatted documents may be used.

Article 78 The instrument of administrative law enforcement decision shall fully explain the reasons for the decision, and the reasons shall include the reasons for admissibility of evidence, the reasons for the choice and the reasons for the decision.

The administrative law enforcement decision document does not state the reasons, but only briefly records the facts of the parties' behavior and cited the law enforcement basis, the parties have the right to ask the administrative organ for explanation.

Article 79 The administrative organ shall establish an administrative law enforcement dossier.

Citizens, legal persons or other organizations may consult related administrative law enforcement files, except those that should be kept secret according to law. ^[1]

Section 5 of Administrative Enforcement Procedures

Article 80: Where laws, regulations and rules have clear deadlines for administrative law enforcement matters, administrative organs must complete them within the legal time limit.

The administrative organ shall optimize the working process and improve the efficiency of the work, so that the actual administrative law enforcement deadline will be as short as possible.

Article 81 Where laws, regulations, and rules do not stipulate a deadline for administrative law enforcement matters and non-administrative administrative examination and approval matters, a time-limited settlement system shall be implemented, and administrative organs shall complete the time-limited settlement in accordance with the following provisions:

(1) If the matter dealt with involves only one administrative agency, the administrative agency shall complete the settlement within 20 days from the date of accepting the application; if it cannot be completed within 20 days, it may be extended for 10 days with the approval of the person in charge of this administrative agency, and the extension Inform the applicant of the reasons for the deadline;

(2) If more than two departments are involved in the matter handled, the administrative organ shall settle it within 45 days from the date of accepting the application; if it cannot be settled within 45 days, it may be extended for 15 days with the approval of the person in charge of the people's government at the same level, and shall Inform the applicant of the reasons for the extension;

(3) Matters that should be reviewed by the lower administrative organ or approved by the higher administrative organ according to law, and the administrative organ responsible for the review or approval shall complete the examination or approval within 20 days from the date of acceptance;

(4) Administrative law enforcement actions initiated by administrative organs according to their functions and powers shall be concluded within 60 days from the date when the procedures are initiated; if they cannot be concluded within 60 days, they may be extended for 30 days with the approval of the person in charge of this organ, and the time limit shall be extended. Tell the parties why.

Article 82 The internal administrative affairs such as requests, reports, inquiries, replies, and consultations between administrative organs shall, in accordance with the requirements of simplifying procedures and improving efficiency, promise to complete deadlines and make them public.

Article 83 Matters that do not require verification of the substantive content of the application materials according to law. If the application materials submitted by the applicant are complete and conform to the legal form, the administrative organ shall handle them on the spot and make a written decision on the spot.

Article 84 The administrative organ shall, in accordance with the principle of high efficiency and convenience for the people and the requirements of these regulations, specifically determine the processing time limit of each administrative law enforcement matter, non-administrative administrative examination and approval matters, and internal administrative affairs of the organ, and report to the people's government at the same level. Filing.

If the matter to be handled involves two or more departments, the people's government at the corresponding level shall clearly stipulate the process for handling the matter and the time limit for handling by each department.

The administrative organ shall decompose the processing time limit of each administrative law enforcement matter, non-administrative administrative examination and approval matter, and internal administrative affairs filed by the people's government at the corresponding level into the specific working organization and position of the organ, and compile a time limit table for the processing of administrative matters. To the public.

Article 85 Where administrative organs make administrative enforcement decisions and require hearings, tenders, auctions, inspections, inspections, quarantines, appraisals, expert reviews and public announcements according to law, the time required is not counted within the prescribed time limit. The administrative organ shall inform the parties in writing of the time required.

Article 86 Administrative organs are obliged to perform statutory duties or delay performing them.

Within the legal time limit, an administrative organ fails to perform administrative law enforcement procedures due to statutory or legitimate reasons, or fails to initiate administrative law enforcement procedures on the basis of an application.

If an administrative organ fails to make an administrative law enforcement decision in a timely manner without statutory or legitimate reasons, but fails to make an administrative law enforcement decision within a statutory period, it will be a delay in performing its statutory duties. ^[1]

Administrative law enforcement procedures

Article 87 For matters that are simple in fact, can be verified on the spot, have statutory basis, and have a small impact on the legal rights and interests of the parties, administrative agencies may apply simplified procedures to make administrative enforcement decisions. Laws and regulations have other provisions on the scope of application of simplified procedures , From its provisions.

Article 88 The administrative organ may verbally inform the parties of the facts, grounds and reasons for administrative enforcement decisions on matters to which summary procedures are applicable, and hear the parties' statements and defenses on the spot.

If the facts, reasons or evidence put forward by the parties are established, the administrative organ shall adopt them. The reasons for not adopting should be explained.

Article 89 Where summary procedures are applicable, administrative enforcement decisions may be made on the spot.

If an administrative law enforcement officer makes an administrative law enforcement decision on the spot, it shall report to the affiliated authority for the record.

Administrative enforcement decisions can be made in a formatted manner. ^[1]

Section 7 of Administrative Enforcement Procedures

Article 90 The benchmark for discretionary power referred to in these Provisions refers to the rules governing the statutory discretionary power of administrative organs in accordance with their functions and powers.

Article 91 Where laws, regulations and rules stipulate that administrative organs have discretionary powers, they shall establish benchmarks for discretionary powers and refine and quantify them.

The discretionary power benchmark shall be set by the administrative organ enjoying the power of discretion or by the people's government at or above the county level. The procedure for formulating the discretionary benchmark shall be handled in accordance with the procedure for formulating normative documents. The benchmark of discretion shall be made public.

If the administrative authority at a higher level has already set a benchmark for discretion, the administrative agency at a lower level will no longer formulate a benchmark for discretion with the same scope of application in principle.

The administrative organ shall abide by the benchmark of discretion.

Article 92 Administrative organs shall formulate benchmarks for discretion in accordance with the following circumstances:

(1) the legislative purpose and legal principles provided by the laws, regulations and rules on which it is based;

(2) Regional differences in objective conditions such as economy, society, and culture;

(3) the facts, nature, circumstances and social impact of the management matters;

(4) Other factors that may affect the reasonableness of the discretion. ^[1]