20 18 Explanation of Haikou City Management Comprehensive Administrative Law Enforcement Bill

20 18 Explanation of Haikou City Management Comprehensive Administrative Law Enforcement Bill

The following is the explanation of Haikou Municipal People's Government on "Haikou City Management Comprehensive Administrative Law Enforcement Regulations (Draft)" at the 33rd meeting of the Standing Committee of the 15th National People's Congress on February 8, 20 15. Welcome to read!

Director, Deputy Directors, Secretary-General and members:

Entrusted by the Municipal People's Government, we hereby explain the Regulations on Comprehensive Administrative Law Enforcement of Haikou City Management (Draft) (hereinafter referred to as the Regulations).

First, the necessity of formulating the "Regulations"

1 996101After the promulgation of the Administrative Punishment Law of the People's Republic of China, the State Council carried out the pilot work of the relatively centralized administrative punishment system in the field of urban management in 1997. In 2002, the State Council issued the Decision on Further Promoting the Work of Relatively Centralized Administrative Punishment (Guo Fa [2002] 17), which comprehensively promoted the work of relatively centralized administrative punishment throughout the country and approved the pilot work of relatively centralized administrative punishment in Haikou City. Since then, Haikou Urban Management began to implement a centralized administrative punishment management system. Since the implementation of the relatively centralized administrative punishment system for several years, the comprehensive law enforcement of urban management in our city has achieved remarkable results, the management level has been significantly improved, and the city appearance has been effectively improved. However, due to the lack of corresponding legal norms, there are many problems in the comprehensive law enforcement of urban management in our city, such as unclear positioning of the comprehensive law enforcement department of urban management, unsatisfactory management system, unclear definition of responsibilities, irregular law enforcement procedures, poor cooperation in law enforcement, imperfect law enforcement guarantee mechanism, chaotic identity of urban management law enforcement personnel and so on. These problems have seriously hindered the function of comprehensive law enforcement and affected the image of comprehensive law enforcement in urban management. In order to effectively solve the outstanding problems encountered in the comprehensive law enforcement of urban management, standardize the comprehensive law enforcement behavior of urban management, improve the administrative level and law enforcement efficiency of the comprehensive administrative law enforcement organs of urban management, effectively protect the legitimate rights and interests of the administrative counterparts, and promote the effective development of the comprehensive administrative law enforcement of urban management in our city, it is urgent to standardize the comprehensive law enforcement through local legislation.

Two, the main basis for the formulation of the "Regulations"

1. Administrative Punishment Law of the People's Republic of China

2. Administrative Compulsory Law of the People's Republic of China

3. People's Republic of China (PRC) Public Security Administration Punishment Law

4. Administrative Procedure Law of the People's Republic of China

5. People's Republic of China (PRC) Administrative Reconsideration Law

6. People's Republic of China (PRC) Civil Procedure Law

7. the Supreme People's Court's opinions on several issues concerning the application of the Civil Procedure Law of People's Republic of China (PRC).

8. People's Republic of China (PRC) Urban and Rural Planning Law

9. Regulations of Hainan Province on Urban and Rural Planning

10. Reply of the Legislative Affairs Office of the State Council on the Pilot Work of Relatively Centralized Administrative Punishment in Haikou City, Hainan Province (Guo Fa Han [2002] No.227)

1 1. Notice of the General Office of the State Council on Forwarding the Opinions of the Central Committee on Cleaning up and Rectifying the Administrative Law Enforcement Team and Implementing the Pilot Work of Comprehensive Administrative Law Enforcement.

12. Reply of Hainan Provincial People's Government on Expanding the Scope of Haikou's Relatively Centralized Administrative Punishment (Han [2006] No.59)

13. Interim Measures of Haikou Municipality on the power of relatively centralized administrative punishment in urban management

Third, the drafting process.

20 13 to 12, this regulation is listed as a local legislative research project of the legislative plan of the Standing Committee of Haikou Municipal People's Congress. In June+10, 5438, the Municipal Appearance Committee entrusted Hainan Falixin Law Firm to undertake the legislative investigation and drafting of the Regulations.

From May 5th to 10, a legislative delegation composed of the Municipal Appearance Committee, the Municipal Bureau of Legal Affairs and Hainan Falixin Law Firm went to Shenzhen and Xi 'an to focus on the legislative work of comprehensive law enforcement of urban management, so as to understand the advanced experience and practices of the two cities in the legislative process of comprehensive law enforcement of urban management.

From June 16 to June 27, a legislative investigation team composed of the Municipal Appearance Committee and Hainan Falixin Law Firm went to the municipal and district urban management departments, the fourth district government and some sub-district offices, the municipal public security bureau and the municipal intermediate court to conduct legislative investigation, and got a comprehensive understanding of the management system of Haikou's comprehensive urban management law enforcement, the current situation and existing problems of urban management law enforcement personnel, and the assistance and cooperation of relevant administrative functional departments.

On June 30th, Hainan Falixin Law Firm completed the Regulations (Draft), legislative explanation and legislative investigation report as scheduled.

In February of 20 15, this regulation was listed as the legislative investigation and drafting work of the legislative plan of the Standing Committee of the Municipal People's Congress for 20 15, and will be reviewed when conditions are ripe.

2065438+May 1 1 22, in order to better understand the legislative experience of comprehensive law enforcement of urban management in other provinces and cities, the Municipal People's Congress, the Municipal Municipal Appearance Committee and Hainan Falixin Law Firm formed a legislative investigation team to focus on the comprehensive law enforcement of urban management in Guangzhou, Nanjing, Shanghai and Chengdu.

On August 3rd, 2065438, KLOC-0, the Municipal Party Committee and the Municipal Government issued the Implementation Plan for Comprehensive Law Enforcement Reform of Urban Management in Haikou, and Hainan Falixin Law Firm revised the first draft again according to the requirements of the plan. 10 On June 5438+05, the Municipal Appearance Committee reported the Regulations (Draft for Review) to the municipal government for review. 65438+1October 65438+September, the municipal government transferred it to the Municipal Bureau of Legal Affairs for review. After legal review, the Municipal Bureau of Legal Affairs communicated with the Municipal Appearance Committee many times and formed the Regulations (Draft for Comment). After seeking the opinions of relevant units in the city in writing, it was revised and improved, and submitted to the executive meeting of the municipal government for deliberation and approval on February 8, 20 15.

Four. The main contents of the regulations

(A) on the management system of urban management comprehensive administrative law enforcement

1. According to the spirit of "Haikou Municipal Committee's Decision on Deepening the Reform of Key Areas" and the content of "Haikou City Management Comprehensive Law Enforcement Reform Implementation Plan", the city's comprehensive law enforcement system adopts a hierarchical management model, sinks the comprehensive law enforcement force, and implements a comprehensive law enforcement system based on districts and towns (streets). Accordingly, Article 4 of the Regulations clearly stipulates that this Municipality shall implement a comprehensive law enforcement system based on districts and towns (streets). City management comprehensive administrative law enforcement department is responsible for the supervision and management of the city's comprehensive law enforcement; The comprehensive administrative law enforcement department of district urban management is responsible for organizing and implementing the comprehensive law enforcement work within its jurisdiction; City and district comprehensive administrative law enforcement departments can set up or send comprehensive law enforcement agencies in towns, streets and specific areas according to needs, and be responsible for performing specific duties of comprehensive law enforcement; District and Town People's governments and sub-district offices are responsible for organizing and coordinating relevant units to cooperate with comprehensive law enforcement agencies to carry out comprehensive law enforcement activities.

2. On the status and funding guarantee of comprehensive law enforcement departments. At present, the urban management departments at the city and district levels and the Municipal Appearance Committee are a set of people and two brands. This management system is easy to cause confusion in the process of law enforcement, leading to unclear rights and responsibilities. Therefore, Article 6 of the Regulations stipulates: "The comprehensive law enforcement department is a functional department of the government, with independent administrative law enforcement subject qualification and status. The funds of comprehensive law enforcement departments are included in the financial budget management by people's governments at all levels. "

3. About the number of comprehensive law enforcement personnel. In the process of investigation, the urban management department believes that the urban population in the main urban area of Haikou City is increasing, and the areas and objects of urban management law enforcement are expanding, but the number of urban management law enforcement personnel has not increased accordingly, and the law enforcement power is seriously insufficient. It is suggested that the urban management law enforcement personnel should be reasonably determined according to the urban area, population and management needs. Therefore, Article 7 of the Regulations stipulates: "The municipal and district people's governments shall rationally allocate comprehensive law enforcement personnel and auxiliary law enforcement personnel according to the regional area, population and management needs".

4. On the identity of comprehensive law enforcement personnel. At present, the identity of urban management law enforcement personnel in our city is rather confusing. A few of them are civil servants, most of them are career staff, and some of them are not included in the establishment. Different status leads to different treatment, resulting in different pay for equal work. At the same time, according to the relevant provisions of the Administrative Punishment Law of the People's Republic of China, administrative punishment shall be implemented by administrative organs with the power of administrative punishment within the scope of statutory functions and powers, and may be entrusted to institutions established according to law to manage public affairs. The Administrative Compulsory Law of the People's Republic of China also requires that administrative compulsory measures should be implemented by personnel with administrative law enforcement qualifications of administrative organs. There is no legal basis for off-duty personnel to enforce the law, so the identity problem has always been urban management. Considering that it is difficult for all urban management law enforcement officers in our city to operate as civil servants at present, Article 8 of the Regulations stipulates: "Comprehensive law enforcement officers shall be selected and managed by means of examination and assessment in accordance with the Civil Service Law of People's Republic of China (PRC) and other relevant regulations. Comprehensive law enforcement officers enjoy field allowances. "

(two) on the scope and jurisdiction of comprehensive law enforcement.

1. On the scope of comprehensive law enforcement duties

According to the Reply of the State Council Legislative Affairs Office on the Pilot Work of Relatively Centralized Administrative Punishment in Haikou City, Hainan Province (Guo Fa Han [2002] No.227) and the Reply of Hainan Provincial People's Government on Expanding the Scope of Relatively Centralized Administrative Punishment in Haikou City (Letter [2006] No.59), the comprehensive law enforcement scope of our city includes eight aspects, including city appearance and environmental sanitation, urban planning and urban greening. The Implementation Plan for Comprehensive Law Enforcement Reform of Urban Management in Haikou City has expanded the scope of comprehensive law enforcement, and added some administrative punishment rights in four aspects: food and drug supervision and management, water affairs, property management and health management. Therefore, Article 10 of the "Regulations" determines the scope of comprehensive law enforcement duties in twelve aspects, and clarifies that the specific scope of duties shall be decided by the Municipal People's Government according to law and submitted to the provincial people's government.

2. The principle of adjusting the scope of comprehensive law enforcement duties

At present, the specific responsibility scope of comprehensive law enforcement in our city is not exactly the same as that stipulated by the State Council and Hainan provincial governments, mainly because the responsibility scope of comprehensive law enforcement is sometimes changed by meeting or orally. Changing the scope of law enforcement at will not only increases the workload of comprehensive law enforcement personnel, but also increases the difficulty of law enforcement, which is not conducive to administration according to law. According to the Administrative Punishment Law of the People's Republic of China and other relevant regulations, the change of comprehensive law enforcement scope shall be approved by the provincial government. In order to ensure the seriousness of comprehensive law enforcement, the regulations clearly stipulate the matters included in the scope of comprehensive law enforcement duties and the authority to adjust the scope of comprehensive law enforcement duties. Article 11 stipulates: "The Municipal People's Government may, according to the needs of urban management, adjust the comprehensive law enforcement scope of urban management, and report it to the provincial people's government for approval before promulgation and implementation".

3. Comprehensive law enforcement jurisdiction

The "Regulations" clarify the principle of jurisdiction, that is, territorial jurisdiction, and at the same time stipulate the principle of determining jurisdiction in special circumstances and disputes. Article 13 stipulates: "Comprehensive law enforcement shall be managed in a territorial way, and illegal acts shall be under the jurisdiction of the district comprehensive law enforcement department or comprehensive law enforcement agency where they occur. Comprehensive law enforcement departments or comprehensive law enforcement agencies in neighboring areas have jurisdiction over illegal acts in the mobile state. Disputes arising from jurisdiction between comprehensive law enforcement departments or comprehensive law enforcement agencies in various districts shall be settled by both parties to the dispute through consultation; If the negotiation fails, the municipal comprehensive law enforcement department shall designate the jurisdiction. "

(three) on the law enforcement norms and measures

In order to solve the practical problems in the comprehensive law enforcement of urban management in our city, and make the law enforcement actions of the comprehensive law enforcement departments have laws to follow, the third chapter of the regulations makes specific provisions on the code of conduct for comprehensive law enforcement in view of the actual management of our city, and defines the measures that the comprehensive law enforcement departments can take when investigating illegal acts, the specific circumstances of implementing the compulsory administrative measures for sealing up, the handling methods for sealing up articles, the handling procedures for the parties who fail to take back the articles within the time limit, the service procedures for announcements, and the special provisions for the parties who really have financial difficulties and are unable to pay fines.

(4) On law enforcement and cooperation

The fourth chapter of the Regulations stipulates law enforcement guarantee and cooperation around law enforcement behavior and law enforcement team guarantee, joint law enforcement and law enforcement linkage mechanism. At the same time, according to the Implementation Plan of Comprehensive Law Enforcement Reform of Urban Management in Haikou City, provisions such as public participation mechanism, information management and service platform construction have been added. Considering that comprehensive law enforcement involves the use of professional technology to identify illegal acts, urban management departments often cannot accurately identify them because of lack of technical strength, and urban management departments can only send letters to relevant administrative functional departments asking them to make identification, but the answers of some administrative functional departments are often delayed or unclear, which makes it difficult for urban management departments to enforce the law. Article 40 of the Regulations puts forward specific requirements for relevant administrative departments. Regarding the cooperation and guarantee of public security organs, according to the spirit of the Decision of Haikou Municipal Committee on Deepening the Reform of Key Areas and the Implementation Plan of Comprehensive Law Enforcement Reform in Haikou City, the regulations stipulate the joint law enforcement system of urban management and public security, and clarify the content of joint law enforcement and the specific circumstances in which comprehensive law enforcement departments can ask public security organs to cooperate in the law enforcement process.

(5) On law enforcement supervision

Chapter V of the Regulations stipulates the supervision of comprehensive law enforcement in five clauses, including internal supervision and external supervision. Internal supervision includes the supervision of the municipal and district governments on the comprehensive law enforcement departments at the same level and the supervision of the comprehensive law enforcement departments at higher levels on the comprehensive law enforcement departments at lower levels. External supervision refers to the public's supervision of the urban management department. In addition, in order to improve the law enforcement level of comprehensive law enforcement personnel, Article 47 of the Regulations specifically stipulates that comprehensive law enforcement departments regularly listen to the suggestions of judicial departments and the public.

(6) Legal liabilities

Chapter VI of the Regulations sets different legal responsibilities for different subjects of comprehensive law enforcement: First, it aims at comprehensive law enforcement departments and staff. Article 48 of the "Regulations" lists the situations that should be investigated for legal responsibility. Article 49 stipulates that if the urban management department and its staff illegally exercise their functions and powers and cause damage to the legitimate rights and interests of citizens, legal persons or other organizations, they shall be liable for compensation according to law. Second, according to the cooperation obligations of relevant administrative organs, corresponding legal responsibilities have been set. The third is to stipulate the legal responsibility that the administrative counterpart should bear if he violently resists the law or other law enforcement personnel who hinder urban management from performing their duties according to law.

Verb (abbreviation for verb) solicit and adopt opinions

The "Regulations (Draft for Review)" was reviewed by the Municipal Bureau of Legal Affairs and formed the "Regulations (Draft for Comment)". 125 October 20 15 165438 consulted the relevant units of the four district governments and municipal governments in writing. Up to 12 1, there are 65438 * *. Adopt the opinions of the Municipal Finance Bureau, the Municipal Environmental Protection Bureau and the Municipal Ivy Office, partially adopt the opinions of the Municipal Office, the Municipal Housing and Construction Bureau and the Municipal Planning Bureau, but not the opinions of the Civil Defence Bureau. Other units have no opinions to reply, and the Municipal Public Security Bureau has no opinions to reply. On February 2, 20 15, the vice mayor of Bater presided over a special meeting to review and pass the draft regulations in principle. At the meeting, the Municipal Finance Bureau, the Municipal Organizing Office, the Municipal Planning Bureau and the Civil Defence Bureau put forward amendments. 2065438+On February 8, 2005, the 50th executive meeting of the municipal government deliberated and passed the "Regulations (Draft)" in principle. At the meeting, the Municipal Finance Bureau, the Municipal Office and other units put forward amendments.