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深圳市行政执法证件管理办法 Order of the Shenzhen Municipal People’s Government

2006-05-12 17:09   我要纠错 | 打印 | 收藏 | | |

深圳市人民政府令第86号

颁布日期:19990907  实施日期:19990907  颁布单位:深圳市人民政府

  Measures of the Shenzhen Municipality on the Administration of the Certificates of Administrative Law Enforcement was adopted at the 143rd Executive Meeting of the Second Session of the Shenzhen Municipal People‘s Government on August 5, 1999 and is now promulgated. It takes effect as of the date of promulgation.

  September 7, 1999

  Measures of the Shenzhen Municipality on the Administration of the Certificates of Administrative Law Enforcement

  Article 1 In order to strengthen the administration of the certificates of administrative law enforcement, guarantee and oversee that the offices of administrative law enforcement, the personnel of administrative law enforcement and the supervising personnel of administrative law enforcement exercise their functions and powers according to law, these measures are hereby formulated in accordance with the related law and regulations.

  Article The certificates referred to in these measures shall mean Certificate of Administrative Law Enforcement of the Shenzhen Municipal People‘s Government (hereinafter referred to as Enforcement Certificate) and Certificate of Supervision of Administrative Law Enforcement of the Shenzhen Municipal People’s Government (hereinafter referred to as Supervision Certificate) unitarily issued by the Shenzhen Municipal People‘s Government and used within the administrative areas of this municipality.

  Enforcement Certificate shall be used as a qualification certificate to indicate that the personnel of administrative law enforcement has the authority, according to law, to carry out public administration of citizens, legal representatives or other organizations within a certain scope and is provided with the inspection power for administrative law enforcement and the administrative punishment power.

  Supervision Certificate shall be used as a qualification certificate to indicate that the supervising personnel of administrative law enforcement has the authority, according to law, to supervise and inspect the activities of administrative law enforcement within a certain scope.

  Article 3 Enforcement Certificate and Supervision Certificate shall be unitarily made and issued by the Shenzhen Municipal People‘s Government. The department of legal affairs of the municipal government shall be responsible for organizing to carry out specific tasks.

  Article 4 Enforcement Certificate shall be issued to the following persons:

  (1) the personnel of the administrative offices of this municipality at various levels who are directly engaged in administrative law enforcement;

  (2) the personnel of the organizations authorized by the law, regulations and rules who are directly engaged in administrative law enforcement;

  (3) the personnel of the organizations entrusted by the administrative departments according to law who are directly engaged in administrative law enforcement.

  Supervision Certificate shall be issued to the following persons:

  (1) the leaders of the municipal, district governments and the various departments of the municipal government;

  (2) the leaders and personnel of the offices of legal affairs of the municipal, district governments and the various departments of the municipal government;

  (3) the full-time and part-time supervisors of administrative law enforcement retained by the department of legal affairs of the municipal government.

  Article 5 In order to apply for Enforcement Certificate and Supervision

  Certificate, an application form shall be filled out and a name list of the personnel of administrative law enforcement shall be provided. The application form shall clearly state the name, nature, duties and tasks, source of funds of the office of administrative law enforcement and the name, age, academic credentials, posts of the applying personnel, and provide also the legal basis of this unit to be engaged in administrative law enforcement and the post setup of the personnel.

  Article 6 In case of application for Enforcement Certificate, the offices of legal affairs of the various district governments or the offices of legal affairs of the various departments of the municipal government shall conduct the preliminary examination and then report unitarily to the office of legal affairs of the municipal government for examination.

  Article 7 The office of legal affairs of the municipal government shall examine the application materials and the name lists submitted by the various district governments or the various departments of the municipal government, conduct legal training of qualified persons, and issue the certificates to those who have successfully passed the assessment.

  Article 8 The personnel of administrative law enforcement and the supervising personnel of administrative law enforcement shall use the certificates of administrative law enforcement within the scope of their functions and powers and their jurisdiction as well, and exercise their functions and powers strictly according to law.

  Article 9 When executing public duties according to law, the personnel of administrative law enforcement and the supervising personnel of administrative law enforcement shall produce their certificates of administrative law enforcement. If they fail to produce the certificates of administrative law enforcement, citizens, legal representatives or other organizations shall have the right to refuse and report to authorities.

  Article 10 The personnel holding Enforcement Certificate may, within the scope of their functions and powers, conduct investigations, inspections, or collection of evidence, stop and correct the acts violating the order of administrative management, impose administrative penalties, or take compulsory measures according to law, the party concerned shall not refuse.

  Article 11 The personnel holding Supervision Certificate may, within their functions and powers, conduct supervision and investigation of the law enforcement activities of the departments and personnel of administrative law enforcement, stop illegal acts in the activities of law enforcement, investigate the illegal acts in the activities of law enforcement, and suggest the related departments to investigate into the responsibilities.

  Article 12 When a person holding a certificate of administrative law enforcement is being transferred from a unit or is not on the post of administrative law enforcement, the unit which the person has been affiliated with shall take back the certificate and report to the office of legal affairs of the municipal government for cancellation.

  Article 13 A system of annual check shall apply to the certificates of administrative law enforcement. All units which certificate holders are affiliated with shall submit certificates to the office of legal affairs of the municipal government for check and verification at any office time from March to April every year. If a certificate has not been checked and verified after the prescribed time limit, it shall not be used.

  Article 14 If a certificate of administrative law enforcement is lost, the unit which the person having lost the certificate is affiliated with shall make a statement in the newspaper to invalidate the certificate and apply to the office of legal affairs of the municipal government for a replacement. In applying for a replacement, the unit which the person having lost the certificate is affiliated with shall provide a written testimony along with a copy of the newspaper in which the statement on the lost certificate is published.

  Article 15 If one of the following situations applies to a person of administrative law enforcement, the office of legal affairs of the municipal government shall order correction and also circulate a notice of criticism, temporarily withdraw or revoke the certificate of administrative law enforcement respectively according to the circumstances:

  (1) misusing the certificate of law enforcement, practicing favoritism and engaging in irregularities, causing adverse effects;

  (2) failing to produce the certificate of administrative law enforcement when conducting a law enforcement inspection;

  (3) giving the certificate of administrative law enforcement to other people to use;

  (4) engaging in the activities of law enforcement with a certificate which has not gone through the annual check;

  (5) violating the procedure of law enforcement and causing serious consequences;

  (6) overstepping the functions and powers in law enforcement and causing serious consequences;

  (7) being brutal in law enforcement and causing serious consequences;

  (8) engaging in illegal activities so as to constitute a crime.

  Article 16 The time limit of temporarily withdrawing a certificate of

  administrative law enforcement shall be 30 days, a person whose certificate has been withdrawn shall not engage in the activities of administrative law enforcement within the time period of certificate withdrawing.

  A person whose certificate of administrative law enforcement has been revoked shall be transferred from the post of administrative law enforcement and no longer be allowed to engage in administrative law enforcement.

  As for a person who has been criticized by a circulated notice or whose certificate of administrative law enforcement has been either temporarily withdrawn or revoked, the unit which this person is affiliated with shall criticize, educate or impose an administrative penalty on this person according to the seriousness of circumstances.

  Article 17 When criticizing by a circulated notice, temporarily withdrawing or revoking a certificate of administrative law enforcement, the office of legal affairs of the municipal government shall make an investigation, collect evidence and keep a record.

  Article 18 If a person of administrative law enforcement is unwilling to comply with a decision on temporarily withdrawing or revoking the certificate of administrative law enforcement, an appeal may be made to the office of legal affairs of the municipal government. The office of legal affairs of the municipal government shall review the case within 30 days from the date of receiving the appeal, if a mistake has indeed been found, correction shall be made immediately.

  Article 19 If the situations listed in Articles 12, 15 of these measures apply to a person and this person refuses to accept a decision on revoking or temporarily withdrawing the certificate of administrative law enforcement, the office of legal affairs of the municipal government may declare the certificate invalid.

  Article 20 These measures shall take effect as of the date of promulgation.

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