Regulation of Liaoning Province on the Administrative Enforcement of Law
Regulation of Liaoning Province on the Administrative Enforcement of Law
Regulation of Liaoning Province on the Administrative Enforcement of Law
January 28, 2005
(Adopted at the 17th meeting of the Standing Committee of the 10th People's Congress of Liaoning Province on January 28, 2005)
Chapter I General Provisions
Article 1 With a view to regulating the conducts relating to the administrative enforcement of law, ensuring the correct implementation of the laws, regulations and rules, and maintaining the lawful rights and interests of citizens, legal persons and other organizations, this Regulation is formulated pursuant to the laws and administrative regulations and the relevant provisions of the State Council, and by taking the actual situation of this Province into consideration.
Article 2 The "administrative enforcement of law" as mentioned in this Regulation refers to the implementation of the laws, regulations and rules in the administrative activities of the administrative enforcement authorities and personnel.
The "administrative enforcement authorities" refer to those administrative organs that exercise the power of administrative enforcement of law and those organizations that are granted with the administrative law enforcement power by the laws and regulations and have the function of administrating the public affairs.
The "administrative enforcement personnel" refer to those functionaries that perform the power of administrative enforcement of law according to law.
Article 3 The administrative enforcement authorities and personnel within this Province shall abide by this Regulation when they carry out the administrative enforcement activities.
Article 4 The people's governments of this province and the cities and counties (including county-level cities and districts, similarly hereinafter) of this province shall lead the administrative enforcement work of their respective subordinate departments and the people's governments at lower levels.
The departments of the people's governments of this province and the cities and counties of this province shall lead the administrative enforcement work of their respective subordinate departments, and shall guide or lead the administrative law enforcement work of the departments at lower levels according to laws and regulations.
The administrative enforcement departments directly under the Provincial People's Government shall lead the administrative enforcement work of the departments of lower levels within their respective sectors.
Article 5 The people's governments of this province and the cities and counties of this province shall be responsible for the implementation of this Regulation. The legal affairs offices under the people's governments of this province and the cities and counties of this province shall be responsible for the comprehensive coordination, urgency and guidance of the administrative enforcement.
Article 6 The administrative enforcement authorities and personnel shall abide by the principles of rigorous, impartial, and proper enforcement of law in their administrative enforcement activities.
The lawful exercise of the administrative enforcement power within the functions as prescribed by laws, regulations and rules by the administrative enforcement authorities and personnel shall be protected by law. No entity or individual may refuse or obstruct any the administrative enforcement personnel in their exercise of duties, or may illegally intervene the administrative enforcement of law.
Article 7 The administrative enforcement expenditure for the administrative enforcement authorities shall be uniformly incorporated into and ensured by the public financial budget, and be subject to the uniform payment of the State Treasury.
Article 8 The administrative enforcement activities shall be subject to the supervision from the society and the relevant state organs.
Chapter II Administrative Enforcement Authorities and Personnel
Article 9 The subjective qualifications for administrative enforcement of an administrative enforcement authority shall be determined by the people's government at the corresponding level, and shall be announced to the general public.
The subjective qualifications for administrative enforcement of an administrative enforcement authority directly under the Provincial People's Government shall be determined by the Provincial People's Government, and shall be announced to the general public.
Article 10 The administrative enforcement activities of the dispatched organ or office of an administrative enforcement authority shall be conducted in the name of the administrative enforcement authority, and the legal consequences incurred therefrom shall be borne by the administrative enforcement authority, unless it is otherwise prescribed by any law or regulation.
Article 11 The qualification system of administrative enforcement personnel shall be implemented, and no person without the law enforcement qualification may not engage in the administrative enforcement work.
An administrative enforcement authority shall organize regular training for its administrative enforcement personnel so as to enhance the law enforcement abilities thereof.
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