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Order of the Shenzhen Municipal People' s Government
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No.
132 |
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Measures of the
Shenzhen Municipal People' s Government on Coordination of
Administrative Law-Enforcement
(for Trial Implementation)
was deliberated and adopted at the 118th Executive
Meeting of the Third Session of the Municipal Government, and
now is promulgated, it
shall take effect as of July 1, 2004. |
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Li Hongzhong |
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Mayor |
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June 14, 2004 |
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Measures of the Shenzhen People' s Government on Coordination
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of Administrative Law-Enforcement (for Trial Implementation)
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Chapter I General
Provision
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Article 1 In order to
strengthen coordination of administrative law-enforcement,
promote administration according
to law, and raise the level and
efficiency of administrative law-enforcement, these measures are
hereby formulated in accordance with the related law,
regulations, and in the light of the specific conditions
of the
Shenzhen Municipality. |
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Article 2 These
measures shall apply to coordination of the disputes between the
municipal departments of
administrative law-enforcement, between
the municipal departments of administrative law-enforcement and
the district departments of administrative law-enforcement,
between the departments of administrative law-enforcement
of
different districts, or other problems incurred in the process
of their implementation of law,
regulation, and rules. |
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The departments of administrative law-enforcement
referred to in the above section shall include the
administrative departments with the duties of administrative
law-enforcement and the organizations with the
functions of
administration of public affairs under authorization by law or
regulations. |
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Article 3 The
scope of coordination of administrative law-enforcement shall
include the following situations
which take place in the process
of execution of duties by the departments of administrative
law-enforcement: |
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(1)
two or more than two departments of administrative
law-enforcement have disputes on whether their respective
department shall or shall not have the statutory duty to manage
the same matter; |
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(2)
two or more than two departments of administrative
law-enforcement which have the statutory duty to manage the same
administrative malfeasance need coordination of the standards of
law-enforcement, etc.; |
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(3)
two or more than two departments of administrative
law-enforcement which join together to do law-enforcement for
the same matter need coordination; |
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(4)
two or more than two departments of administrative
law-enforcement find out that the related stipulations in law,
regulations, or rules are not clear or there are different
understanding so that it is necessary
to report to the Standing
Committee of the Municipal People' s Congress or the related
superior
offices for interpretation or reply; |
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(5)
the departments of administrative law-enforcement which
should, according to law, give assistance to and cooperate
with
the other departments of administrative law-enforcement in their
law-enforcement have failed
to do so effectively; |
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(6)
the department of administrative law-enforcement which
should, according to law, evoke a case of administrative
malfeasance has failed to do so, or, after evoking a case, the
related department of administrative
law-enforcement which
should accept the case has failed to do so; |
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(7)
the other matters which need coordination. |
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Article 4
These measures shall not apply to the following situations: |
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(1)
the disputes on the matters of ordinary administrative
management which do not concern both understanding and
application of law; |
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(2)
the internal disputes within a department of
administrative law-enforcement; |
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(3)
the disputes between a department of administrative
law-enforcement and a person subject to administration in the
activities of administrative law-enforcement; |
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(4)
the self-coordination between departments of
administrative law-enforcement; |
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(5)
there are other stipulations in law, regulations
concerning coordination of the disputes between departments of
administrative law-enforcement or problems incurred in the
process of administrative law-enforcement
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Article 5 Administrative
law-enforcement shall abide by the following principles: |
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(1)
to promote administration according to law; |
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(2)
to maintain the unification of the legal system; |
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(3)
to ensure the unification and unblocked communication of
government orders; |
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(4)
to raise administrative efficiency. |
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Article 6 The
municipal judicial departments shall be responsible for the
specific |
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work
of coordination of administrative law-enforcement. |
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Chapter II Instituting
of Coordination of Administrative Law-Enforcement
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Article 7 In the situations
referred to in Article 3 of these measures, if the
self-coordination between the
related departments of
administrative law-enforcement is of no avail, the coordination
by the municipal
judicial departments shall be instituted
respectively by the following departments of administrative
law-enforcement: |
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(1)
in the situation referred to in Item (1) of Article 3 of
these measures, the disputing departments of administrative
law-enforcement shall institute coordination; |
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(2)
in the situations referred to in Items (3), (5) of
Article 3 of these measures, the departments of administrative
law-enforcement which need joint law-enforcement or assistance
and cooperation shall institute
coordination; |
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(3)
in the situation referred to in Item (4) of Article 3 of
these measures, the departments of administrative
law-enforcement in charge of implementation of the law,
regulations or rules shall institute coordination; |
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(4)
in the situation referred to in Item (6) of Article 3 of
these measures, the departments of administrative
law-enforcement which should accept and remove the case shall
respectively institute coordination. |
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Article 8
If the related departments of administrative law-enforcement
have failed |
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either
to conduct self-coordination for the incurred disputes or to
institute the coordination by
the municipal judicial
departments, and prevaricated each other, the administrative
supervision
offices shall investigate into the administrative
responsibilities of the directly responsible persons in charge
and other directly responsible persons. |
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Article 9 In
the situations referred to in Article 3 of these measures, if
the departments of administrative
law-enforcement which should
institute coordination have failed to do so, the municipal
judicial
departments may institute coordination themselves. |
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Article 10 In
the situations referred to in Article 3 of these measures, the
municipal government may instruct
the municipal judicial
departments to coordinate. |
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Article 11 When
instituting the coordination of administrative law-enforcement
by the municipal judicial departments,
a department of
administrative law-enforcement shall submit the following
materials: |
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(1)
the official letter of the department of administrative
law-enforcement to institute coordination; |
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(2)
the explanation on the matters for which the coordination
is instituted; |
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(3)
the texts of the related law, regulations or rules; |
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(4)
the other related documents, materials. |
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If
the municipal judicial departments conduct coordination of
administrative |
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law-enforcement
in accordance with Articles (8), (9) of these measures, the
related departments
of administrative law-enforcement shall be
notified to give their explanation and opinions in writing and
submit the related documents, materials within 5 business days. |
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Chapter III Processing
of Coordination of Administrative Law-Enforcement
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Article 12 After receiving
the materials of coordination instituted by a department of
administrative law-enforcement,
the municipal judicial
departments shall do examination, make a decision to accept the
case within
5 business days if the case falls into the
situations prescribed in Article 3 of these measures; make a
decision not to accept the case within 5 business days if the
case does not fall into the situations prescribed
in Article 3
of these measures, and notify the department of administrative
law-enforcement which
instituted coordination; as for the
matters which should be handled by other departments, the
municipal
judicial departments shall refer them to the other
departments. |
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Article 13
After making a decision to accept a case, the municipal judicial
departments shall give out the
materials of the explanation and
opinions of the departments of administrative law-enforcement to
the other related departments of administrative law-enforcement,
the other departments of administrative law-enforcement
shall
submit replies in writing and also other related materials at
the same time within 5 business
days from the date of receiving
the materials given out by the municipal judicial departments. |
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Article 14 Coordination
of administrative law-enforcement shall be done in accordance
with law, regulations,
rules, and by referring to other
normative documents. |
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Article 15 The
municipal judicial departments shall investigate and inquire
into the related matters of coordination,
and listen to the
opinions of the related departments of administrative
law-enforcement to the
full. |
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The
municipal judicial departments may call a coordination meeting
attended by the persons in charge
of the related departments of
administrative law-enforcement. |
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Article 16 In
the process of coordination of administrative law-enforcement,
if the departments have failed
to promptly deal with the special
state of affairs which will probably cause unrecoverable damage
to the public interests, the municipal judicial departments may
suggest the departments of administrative law-enforcement
to
take temporary measures. |
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In
case of emergency, the municipal judicial departments may assign
a department of administrative
law-enforcement to take the lead. |
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Article 17 If
the municipal judicial departments need assistance and
cooperation from the related administrative
offices or
organizations in coordination of administrative law-enforcement,
the related administrative
offices or organizations shall
cooperate. |
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Article 18 After
coordination of administrative law-enforcement, the municipal
judicial departments shall handle
the cases respectively
according to the following situations: |
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(1)
if the related departments of administrative
law-enforcement have reached an agreement on the related matters
through coordination, the municipal judicial departments shall
draw up Opinions on
Coordination of Administrative Law-enforcement to clearly
record the opinions of the related departments of administrative
law-enforcement; |
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(2)
if the related departments of administrative
law-enforcement have failed to reach an agreement on the related
matters through coordination except for the situation referred
to in Article 19, the municipal judicial
departments shall draw
up Opinions on
Coordination of Administrative Law-enforcement to decide the
related matters. |
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Opinions of Coordination of Administrative
Law-Enforcement shall be affixed
with the seals of the municipal judicial departments in
addition, and given out
to the related departments of
administrative law-enforcement. |
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Article 19 If
the departments of administrative law-enforcement have still
been unable to reach an agreement
on the major, complicated
matters after coordination by the municipal judicial
departments, the
municipal judicial departments shall submit a
written proposal to the municipal government to make a decision. |
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Article 20 In
case of finding in the process of coordination administrative
law-enforcement that there have
been problems with a department
of administrative law-enforcement in its administrative
law-enforcement,
the municipal judicial departments shall put
forward to this department their opinions and proposals; if
there has been a problem shared by two or more than two
departments of administrative law-enforcement,
the municipal
judicial departments shall organize the related departments to
do research, find
out the methods to solve the problem or make
improvement. |
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Article 21 If
the municipal judicial departments have been convinced in the
process of coordination of administrative
law-enforcement that
the related stipulations in law, regulations, or rules are not
clear or imperfect,
a suggestion shall be made according to the
legal procedure to the office making the law, regulations or
rules to give interpretations or make revisions. |
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Chapter IV
Implementation of Opinions of Coordination
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of Administrative
Law-Enforcement
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Article 22 After the
municipal judicial departments have worked out Opinions of Coordination of Administrative Law-Enforcement, the
related departments of administrative law-enforcement shall
implement it. |
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Article 23 If
a department of administrative law-enforcement has an objection
to Opinions of Coordination of Administrative Law-Enforcement,
a complaint may be lodged with the municipal government
within 5 business days from the date of receiving the opinions. |
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Article 24 In
case of finding that the objection of a department of
administrative law-enforcement to Opinions
of Coordination of Administrative Law-Enforcement is
tenable, the municipal government may repeal or change the
contents of the opinions, or instruct
the municipal judicial
departments to conduct coordination once more; in case of
finding that the
objection of a department of administrative
law-enforcement to Opinions of Coordination of Administrative Law-Enforcement is not
tenable, a decision shall be made to uphold the opinions. |
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During the period of time when the municipal government
is reviewing the objection of a department of administrative
law-enforcement to Opinions of Coordination of Administrative Law-Enforcement, the
implementation of the opinions shall fall in abeyance. |
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Article 25 Opinions of Coordination of Administrative Law-Enforcement drawn up
by the municipal judicial departments shall be reported to the
municipal government for
record. |
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Article 26 The
municipal judicial departments shall be responsible for
supervising the implementation of Opinions
of Coordination of Administrative Law-Enforcement, if a
department of administrative law-enforcement has failed to
implement Opinions
of Coordination of Administrative Law-Enforcement which has
already taken effect, the municipal judicial departments shall
report to the municipal
government, the municipal government
shall circulate a notice of criticism, and the administrative
supervision office shall investigate into the administrative
responsibilities of the directly responsible person
in charge
and other directly responsible persons. |
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Chapter V Supplementary
Provision
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Article 27 These
measures shall take effect as of July 1, 2004. |
