Several Opinions of the State Council on Carrying Out the Administrative Law Enforcement Responsibility System

Several Opinions of the State Council on Carrying Out the Administrative Law Enforcement Responsibility System

Guo Ban Fa [2005] No.37

July 09, 2005

The provinces, autonomous regions and municipalities directly under the central government, the state council ministries, all directly under the body,

The administrative law enforcement responsibility system is an important system for regulating and supervising the administrative law enforcement activities of the administrative department. With a view to implementing the relevant provisions of the Implementation Outlines for Overall Pushing Forward the Administration by Law (No.10[2004] of the State Council, hereinafter referred to as the Outlines), promoting the establishment of administrative law enforcement system with clear power and responsibilities, normative behavior, efficient supervision and strong safeguard, and pushing forward overall administration by law, and upon the approval of the State Council, we hereby bring forward the following opinions on the relevant work for pushing forward administrative law enforcement responsibility system.

I. Fully understanding the significance of pushing forward the administrative law enforcement responsibility system
The Central Committee of the Communist Party of China and the State Council attach high importance to pushing forward the work for administrative law enforcement responsibility system. Specific requirements have been proposed for pushing forward administrative law enforcement responsibility system in the 15th National Congress of the Chinese Communist Party and the 16th National Congress of the Chinese Communist Party and the Third Plenary Session of the 16th Central Committee of the Communist Party of China and the Fourth Plenary Session of the 16th Central Committee of the Communist Party of China, and concrete provisions on the relevant work have been made by the Decision of the State Council on Overall Pushing Forward Administration by Law (No.23 [1999] of the State Council) and the Outlines. For many years, all regions and all relevant departments concerned have implemented the requirements of the Central Committee of the Communist Party of China and the State Council, and positively probed into the implementation of administrative law enforcement responsibility system, and have done a lot of work in strengthening administration on administrative law enforcement and regulating administrative law enforcement acts, and as a result, fairly good achievements have been made. However, there are still some problems in the work: the persons-in-charge in some regions and departments have not fully understood the work and failed to attach adequate importance to it; the administrative law enforcement responsibility system is not perfect enough, the procedures thereof are not so good, the appraisal and examination mechanism is not scientific enough, and it is difficult to execute the penalties being imposed upon, and it is not well linked up with the relevant systems; besides, there is no necessary safeguards for organizing the implementation of the system, and etc.. Therefore, it is urgent to further improve and perfect the administrative law enforcement responsibility system.
Administrative law enforcement is the mass and frequently carried out activity of administrative departments, it directly faces to the society and the general public, and the level and quality of it directly concern the image of the government. To carry out administrative law enforcement responsibility system is to strengthen law enforcement responsibility, clarify law enforcement procedures and standards, regulate and supervise administrative law enforcement activities, and improve the level of administrative law enforcement, so as to ensure that the various requirements for administration by law can be actually put into effect. The local people's governments at all levels and all the departments of the State Council shall, under the guidance of Deng Xiaoping Theory and the importance thought of "Three Represents", build up and implement the scientific view of development, and from the height that the Party is built for the public and it exercises state power for the people, and the height of building a government under the rule of law, and strengthening the construction of CPC governing capability according to law, fully understand the significance for pushing forward the administrative law enforcement responsibility system, and take effective measures to do well the work.

II. Defining the law enforcement function according to law
1. Carding the basis for law enforcement
To carry out administrative law enforcement responsibility system, the relevant laws and regulations and rules implemented by the administrative departments and the provisions of "Three Decisions" of the departments under the State Council shall be carded clearly first.
The local people's governments at all levels shall organize to do well the work for carding the basis for law enforcement, and sorting out and arranging orders and listing the table of contents for the law enforcement basis implemented by the departments (including the organizations being invested the power of administrative law enforcement by laws and regulations) that have the qualification of subjects of administrative law enforcement, and shall have clear classification and scientific compilation.
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