404 Measures of Shenzhen Municipal People’s Government on Administrative Law-enforcement Supervision[深圳市人民政府行政执法督察办法2009]

　　(promulgated by Decree No.201 of Shenzhen Municipal People’s Government on March 17, 2009) 

　　Chapter One  General Provisions 

　　Article 1  In order to innovate the working mechanism and system of the administrative law-enforcement superintendence, strengthen the supervision by the government to its subordinate governments and departments, ensure the administrative authority and their staff performing their statutory duties in accordance with law, strengthen the administration according to law, promote the construction of the government ruled by law, these Measures are formulated in accordance with the relevant laws, regulations and rules, and in the light of the conditions of the Shenzhen Municipality. 

　　Article 2 The term of administrative law-enforcement superintendence mentioned in these Measures refers to the activities that the municipal people’s government inspects, supervises and corrects the activities of administrative law-enforcement or duty performance by its subordinate administrative authority or a district people’s government, and the similar activities by a district people’s government to its subordinate administrative authority.  

　　These Measures shall be applicable to the superintendence to the activities of administrative law-enforcement and duty performance by an organization authorized by laws or regulations, or an organization entrusted by an administrative authority. 

　　Article 3  In the following circumstances, the relevant provisions of law, regulations or rules shall be executed, instead of those of these Measures:   

　　 (1) Supervision, auditing and other special supervision activities;   

　　 (2) Reviewing normative documents of the municipal, district people's government or their subordinate department; 

　　(3) Supervision to the activities of administrative authorities other than administrative law-enforcement. 

　　Article 4  The municipal and district people's governments shall organize and lead the work of administrative law-enforcement superintendence in the administrative areas under their respective jurisdiction. The department of legislative affairs of municipal or district people’s government (hereinafter referred to as the administrative law-enforcement superintendence department) shall undertake the specific work of administrative law-enforcement superintendence under the lead of the municipal or district people’s government corresponding to its level. 

　　Article 5 The municipal people’s government, district people’s government or administrative law-enforcement superintendence department entrusted by the municipal or a district people’s government may employ relevant persons as administrative law-enforcement superintendents according to their respective working demands. 

　　The administrative law-enforcement superintendents shall be familiar with relevant laws and regulations, have the knowledge of administrative law-enforcement, and shall be impartial, honest and upright. 

　　The administrative law-enforcement superintendents shall perform their duties under the direction of the administrative law-enforcement department, presenting the Certificate of Shenzhen Municipal People’s Government on Administrative Law-enforcement Superintendence. 

　　Article 6  The principles of legality, objectivity and fairness shall be applied in the administrative law-enforcement superintendence. It is required that errors in the administrative law-enforcement shall be rectified, problems found in the administrative law-enforcement shall be solved with the purpose of improving work, and that specific case shall be handled with the purpose of perfecting the whole system. 

　　Article 7 No organization or individual may refuse, obstruct or hinder any administrative law-enforcement department or its staff to perform their duties, or retaliate against any personnel of the administrative law-enforcement superintendence. 

　　Article 8 The avoidance system shall be set up in the administrative law-enforcement superintendence, in which the staff of an administrative law-enforcement superintendence department shall be avoid when he hereof or his relative has any interest in the matters supervised, or is under another circumstance that may affect the justice of superintendence. 

　　Chapter Two   Scope and Methods of Superintendence 

　　Article 9  The objections of administrative law-enforcement superintendence shall include the following matters: 

　　 (1) whether the laws, regulations or rules are executed; 

　　 (2) whether the subject of administrative law-enforcement is legal; 

　　 (3) whether the personnel of administrative law-enforcement is qualified;  

　　 (4) whether the specific administrative activities such as administrative license, charges, penalties, compulsory measures, confirmation or adjudication are legal or appropriate. 

　　 (5) whether the administrative authority executes the administrative reconsideration decision or effective judgment or adjudication; 

　　 (6) the situation about the promotion of administration according to law and the construction of the government ruled by law. 

　　 (7) other matters related to the administrative law-enforcement. 

　　Article 10 The administrative law-enforcement superintendence departments shall accept the complaints about the administrative law-enforcement from citizens, legal persons or other organizations according to the relevant provisions, except of the following conditions: 

　　     （1）the complaint shall not be accepted if one party of the complaint has filed administrative reconsideration or litigation, or a relevant authority has made an administrative reconsideration decision or judgment but the party of the complaint refuses to accept;  

　　 (2) if the complaint can be settled through administrative reconsideration or litigation, the parties of the complaint shall be promptly informed that they can apply for administrative reconsideration or litigation in accordance with the relevant provisions; 

　　 (3) if the complaint shall be dealt with by another authority, the complaint shall be transferred to the said authority, or the party of the complaint shall be informed to complain or report to the said authority directly. 

　　Article 11 Within one month after laws, regulations or rules having been implemented for one year, the relevant authority in charge of the implementation shall submit a written report about the enforcement of the said laws, regulations or rules to the municipal or district administrative law-enforcement superintendence department. 

　　Article 12 The administrative law-enforcement superintendence department shall assess regularly the files of administrative law-enforcement, and organize commenting on the law-enforcement activities of the administrative authority according to the relevant provisions. 

　　Article 13  When an administrative law-enforcement superintendence department discovers an illegal or improper activity during the assessment of law-enforcement, or receives a complaint about the law-enforcement activities of administrative authority from a citizen, legal person or another organization, it shall carry out individual supervision if it considers that the administrative law-enforcement activity of the relevant administrative authority is illegal or improper by preliminary assessment.  

　　Article 14  The administrative law-enforcement superintendence department may carry out special supervision to the problems responded through the following methods: 

　　 (1) the important problems existing in the implementation of laws, regulations and rules reported by the relevant administrative authority. 

　　(2) the common problems in law-enforcement of the administrative authority found in the evaluation of the construction of the government ruled by laws and other evaluations. 

　　 (3) the common problems in law-enforcement of the administrative authority reflected in the bills of deputies to the People's Congress and proposals of the members of the People's Political Consultative Conference. 

　　If the common problems of administrative law-enforcement need to be solved through system perfection, the administrative law-enforcement superintendence departments shall put forward suggestions to perfect the system.  

　　Article 15  The administrative law-enforcement superintendence department may investigate the facts at the scene of law-enforcement according to the need of work. 

　　Article 16  The administrative law-enforcement superintendence department may carry out administrative law-enforcement superintendence jointly with other relevant departments according to the needs of work. 

　　Chapter Three  Procedures of Superintendence 

　　Article 17  If the administrative law-enforcement superintendence department considers that the violation of administrative authority is minor and can be corrected on its own, it should remind and urge the said authority to correct the violation by itself. 

　　Article 18  The case shall be filed under the following conditions: 

　　 (1) the administrative law-enforcement superintendence department suspecting that the law-enforcement activity of an administrative authority is illegal or improper, and needs to be put under individual supervision. 

　　 (2) after being reminded by the administrative law-enforcement superintendence department, the relevant administrative authority still failing to correct the illegal activity by its own.  

　　Article 19 The administrative law-enforcement superintendence department shall notify the relevant administrative authority within 3 days after the case is filed. The relevant administrative authority shall submit a written explanation within 5 days after receiving the said notification, and submit the relevant evidences or other materials. 

　　Article 20 The administrative law-enforcement superintendence department may timely organize personnel to investigate the law-enforcement activities of administrative authorities. 

　　When performing official duties, the administrative law-enforcement superintendents shall not be less than 2 persons, and shall present their respective certificate of administrative law-enforcement superintendence.  

　　Article 21  The administrative law-enforcement superintendence department shall collect the relevant evidences when investigating the law-enforcement activities of an administrative authority. 

　　Article 22 The staff of administrative law-enforcement superintendence department may collect evidences through the following methods: 

　　 (1)Searching and reading the administrative law-enforcement files, documents, and other relevant materials; 

　　 (2) Enquiring the personnel in charge of the case and other relevant persons;  

　　 (3)Asking the party concerned about the situation; 

　　 (4) Commissioning the qualified institution to identify, evaluate, test and inspect, and organizing experts to demonstrate. 

　　Article 23 The relevant administrative authority and its staff shall truthfully explain the situation, provide the relevant information, and assist in the administrative law-enforcement superintendence. 

　　Chapter Four  Results and Settlement of Superintendence 

　　Article 24 After the investigation, the administrative law-enforcement superintendence department shall make the following settlement according to different situations: 

　　 (1) informing the complainant that the administrative law-enforcement activity is legal or proper after investigation; 

　　 (2) terminating the superintendence if the administrative authority has corrected the illegal or improper administrative activity before the investigation ends. 

　　 (3) issuing the Administrative Law-enforcement Superintendence Decision or the Administrative Law-enforcement Superintendence Advice if the law-enforcement activity of the administrative authority is illegal or improper, and the administrative authority does not correct it before the investigation ends . 

　　Article 25  If the Administrative Law-enforcement Superintendence Decision involves any one of the following matters, it shall be produced by the administrative law-enforcement superintendence department and be approved by the people’s government of the same level. 

　　 (1) important and complicated cases; 

　　 (2) cases involving the decisions of  giving notice of criticism to relevant department or relevant personnel; 

　　 (3) cases assigned by the municipal, or district people’s government. 

　　Article 26 In the Administrative Law-enforcement Superintendence Decision, the following decisions shall be made under different circumstances: 

　　 (1) ordering the relevant administrative authority to correct its illegal or improper activity;   

　　 (2) canceling the illegal or improper administrative activity of the relevant authority; 

　　 (3) ordering the relevant administrative authority to fulfill its statutory duties;  

　　 (4) giving notice of criticism to the relevant administrative authority and its responsible personnel; 

　　 (5) transferring the case to the administrative supervision authority for investigating the administrative responsibility of relevant person; 

　　 (6) other matters. 

　　Article 27  After the Administrative Law-enforcement Superintendence Decision is approved by the municipal or district people’s government, the relevant administrative authority shall implement the said decision immediately, and submit a written report about the implementation situation to the people’s government of the same level, and copy it to the administrative law-enforcement superintendence department within 10 working days after the completion of the implementation. 

　　Article 28  In addition to the matters stipulated in the provisions of Article 25 of these Measures, the administrative law-enforcement superintendence department may produce the Administrative Law-enforcement Superintendence Advice with its official seal. 

　　Article 29  In the Administrative Law-enforcement Superintendence Advice, the following decisions may be made under different circumstances:   

　　 (1) ordering the relevant authority to correct its illegal or improper activity; 

　　 (2) ordering the relevant authority to fulfill its statutory duties;   

　　 (3) detaining the Certificate of Administrative Law-enforcement of the person concerned temporarily or canceling his law-enforcement qualification; 

　　 (4) other matters. 

　　The period of temporary detaining the administrative law-enforcement certificate shall be no longer than 6 months and no less than 30 days. The administrative law-enforcement personnel shall not be engaged in any administrative law-enforcement activity when his administrative law-enforcement certificate is detained, and shall be removed from the administrative law-enforcement position if his administrative law-enforcement certificate is taken over.  

　　Article 30  The administrative law-enforcement superintendence department shall promptly inform the relevant parties of the superintendence results. 

　　Article 31  The relevant administrative authority shall execute the Administrative Law-enforcement Superintendence Advice issued by the administrative law-enforcement superintendence department. 

　　If the relevant administrative authority objected to the Administrative Law-enforcement Superintendence Advice, it shall apply to the administrative law-enforcement superintendence department for reviewing within 5 working days upon receiving the said Advice.  The superintendence department shall carry out the reviewing within 15 working days upon receiving the application for reviewing.  If the relevant administrative authority still objects the reviewing decision, it can apply to the people’s government for re-examination within 5 working days upon receiving the reviewing decision. During the period of re-examination, the execution of the Administrative Law-enforcement Superintendence Advice shall be suspended. 

　　If the people’s government of the same level considers that the objection of the relevant authority to the Administrative Law-enforcement Superintendence Advice is established, it may cancel or change the decision involved.  

　　Article 32  If a relevant administrative authority refuses to execute the Administrative Law-enforcement Superintendence Decision, or fails to execute the Administrative Law-enforcement Superintendence Advice without applying for reviewing or re-examination within the time limit provided in these Measures, the administrative law-enforcement superintendence department shall report to the people’s government of the same level, or transfer the case to the administrative supervision authority to handle with. 

　　Article 33  If the administrative law-enforcement superintendence department discovers, in the process of fulfilling supervision duties, that a relevant personnel of administrative authority has administrative fault in the law-enforcement process, it shall transfer the case to the administrative supervision authority to handle with. 

　　Article 34 The administrative supervision authority shall pursue administrative responsibility to the personnel concerned, or transfer the personnel, who is suspected to commit a crime, to the judicial authority, if an administrative authority and its relevant personnel commit any one of the following activities:   

　　 (1) refusing, obstructing or impeding the administrative law-enforcement superintendence; 

　　 (2) retaliating against a complainant or reporter;  

　　 (3) playing trick while accepting supervision investigation; 

　　 (4) hindering the superintendence through other methods. 

　　Article 35  If the administrative law-enforcement superintendence department and its staff fall into any one of the following situations, the supervision authority shall give warning to the person responsible, or impose administrative sanction according to the laws if the situation is serious: 

　　 (1) failing to fulfill the duties of administrative law-enforcement superintendence and causing serious consequences. 

　　 (2) taking advantage of duties for gaining private interests; 

　　 (3) committing other violations. 

　　Article 36  After pursuing administrative responsibility to relevant personnel in accordance with the provisions of Article 34 of these Measures, the administrative supervision authority shall copy the pursuing result and deliver it to the administrative law-enforcement superintendence department. 

　　Article 37 If an illegal administrative activity seriously infringes upon the legitimate rights and interests of citizens, legal persons or other organizations, or the public interests, the administrative law-enforcement superintendence department shall publicize the result after investigation and pursuing.   

　　Chapter Five  Supplementary Provisions 

　　Article 38 These Measures shall come into effect as of May 1, 2009.