Laws of the Shanghai Province

(October 24, 2005)

SMPG G[2005] No. 27

Attention: all District and County People' s Governments, and all relevant Committees, Offices and Bureaus (Administrations) of the Municipal People' s Government:

With a view to implementing the "Suggestions on Carrying out Administrative Law Enforcement Responsibility System Made by the General Office of the State Council" (hereinafter referred to as "Suggestions" made by the General Office of the State Council" ), we put forward the following implementation suggestions in the light of the actual circumstances of this Municipality:

I. Fully recognizing the significance of carrying out the administrative law enforcement responsibility system

The administrative law enforcement responsibility system is an important system that normalizes and supervises administrative law enforcement activities by administrative organs. Specific requirements were raised on carrying out the administrative law enforcement responsibility system at the 15th and 16th CPC National Congresses and the 3rd and 4th Plenary Sessions of the 16th CPC Central Committee, and specific provisions on relevant work have been set in the "Decisions of the State Council on Pushing ahead with the Administration by Law in an All-round Way" and the "Implementation Outline for Pushing ahead with the Administration by Law in an All-round Way" (hereinafter referred to as "Outline" ) issued by the State Council. The "Suggestions" made by the General Office of the State Council further defines the basic contents of and the work requirements on the administrative law enforcement responsibility system. Carrying out the administrative law enforcement responsibility system is intended to strengthen law enforcement responsibility, define the procedures and standards of law enforcement, further normalize and supervise administrative law enforcement activities, raise the level of administrative law enforcement and ensure all requirements on the administration by law being fulfilled. All government organs and their staff members, particularly, the leading cadres shall fully recognize the significance of carrying out the administrative law enforcement responsibility system, proceeding from the perspective of founding the Party in the interest of the public, holding power for the people, raising the capability of the administration by law, and building a harmonious socialist society. According to the spirit of the Central Party Committee, a still better job shall be done of this work through adopting effective measures. It is imperative to accelerate the progress of the transformation of government functions, promote the innovation in government administration, push ahead with the administration by law in an all-round way and build a "service-oriented, responsible and law-ruled government" through carrying out the administrative law enforcement responsibility system.

II. Defining the guiding thought, basic principles and work targets for carrying out the administrative law enforcement responsibility system in this Municipality

1. Guiding thought

The scientific viewpoint of development shall be set up and carried out, guided by Deng Xiaoping Theory and the important thoughts of "Three Represents" , and the administrative law enforcement responsibility system with well defined power and responsibility, normalized performances, effective supervision and strong guarantee shall be established by closely centering on carrying out the "Outline" , "Suggestions" made by the General Office of the State Council and "Suggestions of the Shanghai Municipal People' s Government on Carrying out the 'Implementation Outline on Pushing Ahead with the Administration by Law in an All-round Way' Issued by the State Council" .

2£®Basic Principles

Firstly, it is necessary to base oneself on practice, stress practical results and take the conscientious solution to the problems existing in the administrative law enforcement in this Municipality as the starting point.

Secondly, it is necessary to carry out "two integrations" , namely integration with the administration systems already in operation, such as making government affairs public, appraising government practice and management of civil servants as objectives so as to achieve mutual link-up; and integration of vertical lines of leadership with horizontal lines of leadership to give full play to the role of committees, offices and bureaus (administrations) of the Municipal People' s Government and district and county people' s governments, thus jointly promoting the implementation of the administrative law enforcement responsibility system.

Thirdly, it is necessary to highlight the key points and carry out the system steadily, and strengthen supervision, urging and guidance on key fields and key departments so as to promote and deepen the system step by step in a planned way.

3. Work targets

The scientific idea of law enforcement and proper awareness of responsibility for all government organs and their staff members shall be established and continuously strengthened; the basis, function and power, procedures, standards and responsibilities for law enforcement shall be more clearly defined and be more scientific, and the mechanism for the supervision and restriction over the administrative law enforcement and the administrative law enforcement responsibility system shall be gradually amplified and continuously improved; the degree of legalized and normalized administrative law enforcement shall be steadily enhanced, illegal and improper performances in administrative law enforcement shall be effectively stopped and corrected, and administrative law enforcement departments and staff with outstanding achievements in law enforcement shall be commended and rewarded in time so as to create a good environment in which law enforcement is conducted in a strict, just and civilized way.

III. Setting the tasks in carrying out the administrative law enforcement responsibility system in this Municipality

1. Delimit duties and responsibilities in law enforcement according to law

(1) Sort out the basis of law enforcement

The Legislative Affairs Office of the Municipal People' s Government shall be responsible for sorting out the legal basis of administrative law enforcement in this Municipality and formulate specific schemes, as well as organize district/county people' s governments and the work departments with law enforcement functions of the Municipal People' s Governments (hereinafter referred to as the municipal-level administrative law enforcement departments) to sort out relevant laws, rules and regulations implemented by themselves. Among them, the municipal-level administrative law enforcement departments shall sort out all the bases of law enforcement adopted by the administrative law enforcement departments and agencies within their respective systems and report the sorted results to the Legislative Affairs Office of the Municipal People' s Government, transmitting them to the district/county administrative law enforcement departments at the same time.

The district/county legislative affairs offices shall be responsible for sorting out the basis of administrative law enforcement in their districts/counties and formulate specific schemes, as well as organize town/township governments, sub-district offices and the work departments with law enforcement functions under the district/county governments (hereinafter referred to as district/county administrative law enforcement departments) to sort out the relevant laws, rules and regulations implemented by themselves. District/county law enforcement departments shall, on the basis of the sorting-out done by the municipal-level administrative law enforcement departments, sort out the basis of law enforcement adopted by themselves and district/county and town/township administrative law enforcement agencies, and shall report the sorted results to district/county legislative affairs offices and the municipal-level administrative law enforcement departments.

The basis of law enforcement adopted by district/county administrative law enforcement agencies under the vertical administration of the Municipality shall be sorted out by the municipal-level administrative law enforcement departments and then reported to the Legislative Affairs Office of the Municipal People' s Government. The basis of law enforcement adopted by Shanghai-based agencies belonging to the departments of the State Council shall be sorted out by the agencies themselves and reported to the Legislative Affairs Office of the Municipal People' s Government for the record.

In sorting out the basis of administrative law enforcement, it is necessary to achieve clear classification and scientific arrangement. The municipal and district/county legislative affairs offices shall, according to the division of power, respectively examine, verify and affirm the basis reported by relevant units, and shall publicize the sorted results to the society through the government Web site.

(2) Break down law enforcement function and power and ascertain the law enforcement responsibility

The municipal and district/county organization departments shall, in conjunction with legislative affairs departments and personnel departments, and on the basis of the sorted results of the basis of law enforcement, sort out the "three ascertain" scheme, ascertaining the law enforcement function and power and responsibility of administrative law enforcement departments and agencies at the same level, guiding and coordinating the work of breaking down the law enforcement function and power and ascertaining the law enforcement responsibility within all administrative law enforcement departments and agencies.

All administrative law enforcement departments and agencies shall, on the basis of the law enforcement function, power and responsibility as ascertained by organization departments, break the law enforcement function and power held by departments and agencies themselves down to the law enforcement divisions and offices set up within them, and work out the directions of duty and responsibility for law enforcement divisions and offices to ascertain their law enforcement responsibilities.

All administrative law enforcement departments and agencies shall, on the basis of the distribution of work posts, break the law enforcement function and power held by the departments and agencies themselves down to specific law enforcement work posts, and ascertain the work post responsibility for law enforcement personnel according to the specific links in administrative law enforcement, and shall work out the directions of duty and responsibility for the law enforcement post according to the positions of administrative law enforcement personnel, and shall on this basis, set up the work post responsibility system of administrative law enforcement. In breaking down the law enforcement function and power, scientific and rational approach shall be taken, and coordination and cooperation and mutual link-up be carried out so as to avoid overlapping and duplication of the function and power.

2. Establish a sound appraisal and check-up mechanism for administrative law enforcement

(1) Carry out appraisal and check-up on administrative law enforcement departments and agencies.

The municipal and district/county personnel departments shall, in conjunction with organization departments, supervisory departments and legislative affairs departments formulate the appraisal and check-up scheme, define the appraisal and check-up criteria, and organize the appraisal and check-up on performances in exercising the law enforcement function and power and fulfilling legal obligation on the part of administrative law enforcement departments at the same level, and shall, according to the condition of check-up and the result of survey and appraisal, determine the marks and grades of the check-up.

The external appraisal of the performance of administrative law enforcement departments in administrative law enforcement shall be brought into the government practice survey and appraisal system. The municipal and district/county government practice survey and appraisal departments shall take those administrative law enforcement departments that have a close relationship with citizens, legal entities and other organizations and are of concern to the masses as the key departments and conduct annual appraisal on them; other administrative law enforcement departments shall be appraised in turn once very five years.

The municipal-level administrative law enforcement departments may organize the appraisal and check-up on district/county law enforcement departments. The appraisal and check-up shall be completed before December of each year and relevant results shall be reported to district/county governments.

The municipal and district/county administrative law enforcement departments shall be responsible for the appraisal and check-up on the subordinate administrative law enforcement agencies. The municipal-level administrative law enforcement departments shall be responsible for the appraisal and check-up on the district/county law enforcement agencies under the vertical administration of the Municipality.

With regard to the appraisal and check-up on administrative law enforcement departments and agencies, it is necessary, on the basis of the traditional way of file appraisal and check-up, to actively explore the scientific and just way of appraisal and check-up, and to make full use of modern information management means to enhance the justice and accuracy of the appraisal and check-up.

(2) Carry out appraisal and check-up on administrative law enforcement personnel

The appraisal and check-up on administrative law enforcement personnel shall be brought into the appraisal and check-up system for civil servants in the administrative law enforcement category. The municipal and district/county personnel departments shall, according to the provisions of the "Civil Servant Law" , formulate the procedures for the appraisal and check-up on administrative law enforcement personnel, define the subject, procedure and affirmation of the results of appraisal and check-up, as well as the rights and obligations of administrative law enforcement personnel, and strengthen guidance on the corresponding work of administrative law enforcement departments.

Administrative law enforcement departments shall be responsible for formulating the scheme, criterions and targets of the appraisal and check-up within their own departments, and shall ascertain the guiding principal, content and method of appraisal and check-up, and shall conduct the appraisal and check-up on the performance of non-leading members of their subordinate administrative personnel in exercising law enforcement power and fulfilling legal obligations; the appraisal and check-up on those leading members shall be handled by the competent organs according to relevant provisions.

The appraisal and check-up on law enforcement personnel shall follow the principle of openness, fairness and justice, and shall achieve the combination of organizational, self and mutual appraisal and check-up, the combination of routine and annual appraisal and check-up, and check-up shall be conducted on the law enforcement achievements of administrative law enforcement personnel through the file appraisal and examination. The check-up results shall serve as the basis for the adjustment of duty, rank, and salary, as well as for rewarding, training and dismissing administrative law enforcement personnel.

3. Ascertain administrative law enforcement responsibilities

The ascertaining of administrative law enforcement responsibilities shall be brought into the content of ascertaining, investigating and prosecuting the responsibilities for administrative faults in this Municipality. The Municipal Supervisory Committee shall, in conjunction with the Legislative Affairs Office of the Municipal People' s Government, make drafts of government rules and regulations on investigating and prosecuting administrative faults in this Municipality, and shall set provisions on such administrative faults in law enforcement that are liable to disciplinary sanction according to the "Civil Servant Law" and the "Administrative Supervision Law" and are subject to administrative handling according to the "Suggestions" made by the General Office of the State Council, and shall define the substantive and procedural contents including the manifestation and affirmation of those faults, as well as the prosecution of responsibilities.

The municipal and district/county supervisory departments shall be responsible for supervising and examining the implementation of the administrative law enforcement responsibility system by administrative law enforcement departments. The municipal and district/county administrative law enforcement departments shall establish and perfect the work system for investigating and prosecuting the responsibility for faults in administrative law enforcement for their respective departments.

IV. Carefully doing a good job of relevant work

1. Strengthen organization and leadership

A municipal leading group for carrying out the administrative law enforcement responsibility system shall be set up, and shall handle official business in the same office with the leading group for implementing the administrative license law in this Municipality, and the former shall be responsible for exercising leadership over and coordination in the work of carrying out the administrative law enforcement responsibility system in this Municipality.

All district/county governments shall set up agencies formed by relevant responsible departments, such as general office, and legal affairs, supervision, organization and personnel departments, for carrying out the work and shall ascertain the availability of working personnel and do a good job of organization, coordination, tracking inspection, urging and implementation of the work of carrying out the administrative law enforcement responsibility system.

All administrative departments and agencies shall formulate and perfect the administrative law enforcement responsibility system within their own systems and units, as well as organize the implementation.

2. Perfect the promotive mechanism

The Legislative Affairs Office of the Municipal People' s Government and the Municipal Supervisory Committee shall take the lead in organizing the implementation of the administrative law enforcement responsibility system in this Municipality jointly with the Municipal Organization Office and the Municipal Personnel Bureau. All districts, counties and departments shall, in the light of the actual circumstances, correspondingly define the leading departments and the responsible departments. All responsible departments shall, on the basis of a clear division of work, cooperate with each other and conscientiously study the work plan and scheme on carrying out the administrative law enforcement responsibility system in their respective localities and departments, and shall establish and perfect relevant work norms and procedures, as well as strengthen guidance on relevant work of the departments at a lower level to create the situation in which vertical lines of leadership are combined with horizontal lines of leadership, with the latter as the principal and each responsible department performs its own duty, and all of them jointly emphasize and attend to the work, so as to promote the implementation of the administrative law enforcement responsibility system.

3. Ensure the work schedule

(1) Sort out the basis of law enforcement

District/county people' s governments and the municipal-level administrative law enforcement departments shall complete the sorting-out of the basis of law enforcement by January 1, 2006 and town/township people' s governments, sub-district offices and district/county administrative law enforcement departments shall do so by February 28 of the same year.

(2) Break down the law enforcement function and power and ascertain the law enforcement responsibility

The municipal and district/county administrative law enforcement departments and agencies shall complete their internal breaking down of the law enforcement function and power and ascertaining of the law enforcement responsibility by March 31, 2006.

(3) Establish and perfect the appraisal and check-up mechanism for administrative law enforcement

The establishment and perfection of the appraisal and check-up mechanism for administrative law enforcement departments, agencies and personnel shall be completed by March 31, 2006, and a round of appraisal and check-up on all administrative law enforcement departments in this Municipality shall be completed by December 31 of the same year.

(4) Ascertain administrative law enforcement responsibilities

Before December 31, 2006, government rules and regulations on investigating and prosecuting the responsibilities for administrative faults in this Municipality shall be made public, and their implementation be organized, and all administrative law enforcement departments shall establish and perfect the work plan for investigating and prosecuting the responsibilities for administrative faults within their own departments. The districts, counties and departments in this Municipality that have already carried out experiment with the administrative law enforcement responsibility system shall, according to the present suggestions, make timely adjustments in this regard. Those units that haven' t carriedout this system shall lose no time in making all preparations so as to carry out the administrative law enforcement responsibility system smoothly. In case of any problems arising in the course of implementation, it is necessary to make timely reports to the governments at the same level.