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Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the Administrative Law Enforcement Publication System, the Recording System of Law Enforcement in the Whole Process and the Legal Review System of Major Law Enforcement Decisions
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国务院办公厅关于全面推行行政执法公示制度执法全过程记录制度重大执法决定法制审核制度的指导意见
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| Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the Administrative Law Enforcement Publication System, the Recording System of Law Enforcement in the Whole Process and the Legal Review System of Major Law Enforcement Decisions | | 国务院办公厅关于全面推行行政执法公示制度执法全过程记录制度重大执法决定法制审核制度的指导意见 |
| (No. 118 [2018] of the General Office of the State Council) | | （国办发〔2018〕118号） |
| The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| Administrative law enforcement is an important means for administrative agencies to perform government functions and manage economic and social affairs. In recent years, all regions and departments have continually strengthened the standardization of administrative law enforcement and considerably improved or raised their law enforcement capabilities and levels. However, problems in law enforcement such as unstrict, irregular, uncivilized and non-transparent law enforcement remain prominent, damaging the interests of the general public and the credibility of the government. The Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law and the Implementation Outline for the Building of Government under the Rule of Law (2015-2020) made specific arrangements and determinate requirements for fully implementing the administrative law enforcement publication system, the recording system of the whole process of law enforcement, and the legal review system of major law enforcement decisions (hereinafter collectively referred to as the "three systems"). With a focus on the key links of administrative law enforcement such as source, process and results, fully implementing the "three systems" plays a fundamental, holistic and groundbreaking role in promoting strict, well-regulated, impartial and peaceful law enforcement and is of significance for effectively safeguarding the lawful rights and interests of the general public, maintaining the government's credibility, and creating a more open, transparent, well-regulated, orderly, fair and efficient legal environment. For the purposes of guiding all regions and departments in comprehensively implementing the "three systems," with the consent of the CPC Central Committee and the State Council, the following opinions are hereby offered. | | 行政执法是行政机关履行政府职能、管理经济社会事务的重要方式。近年来，各地区、各部门不断加强行政执法规范化建设，执法能力和水平有了较大提高，但执法中不严格、不规范、不文明、不透明等问题仍然较为突出，损害人民群众利益和政府公信力。《中共中央关于全面推进依法治国若干重大问题的决定》和《法治政府建设实施纲要（2015-2020年）》对全面推行行政执法公示制度、执法全过程记录制度、重大执法决定法制审核制度（以下统称“三项制度”）作出了具体部署、提出了明确要求。聚焦行政执法的源头、过程、结果等关键环节，全面推行“三项制度”，对促进严格规范公正文明执法具有基础性、整体性、突破性作用，对切实保障人民群众合法权益，维护政府公信力，营造更加公开透明、规范有序、公平高效的法治环境具有重要意义。为指导各地区、各部门全面推行“三项制度”，经党中央、国务院同意，现提出如下意见。 |
| I. General requirements | | 一、 |
| 1. Guiding ideology. | | （一）指导思想。 |
| Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall serve as guidance, the spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee shall be fully implemented, the focus shall be on advancing the transparency, standardization, legality and fairness of administrative law enforcement, the continual improvement of law enforcement systems, improvement of the law enforcement procedures, innovation in law enforcement means, and strengthening of supervision of law enforcement shall be conducted, the efficiency of law enforcement shall be comprehensively improved, and the formation of an administrative law enforcement system which unifies powers and responsibilities and is authoritative and efficient and a government governance system with clear responsibilities and law-based administration shall be promoted, so as to ensure that administrative agencies perform their statutory duties according to the law, effectively safeguard the lawful rights and interests of the general public, and lay a solid foundation for the implementation of the basic strategy of comprehensively governing the country according to the law and the advancement of the building of a government under the rule of law. | | 以习近平新时代中国特色社会主义思想为指导，全面贯彻党的十九大和十九届二中、三中全会精神，着力推进行政执法透明、规范、合法、公正，不断健全执法制度、完善执法程序、创新执法方式、加强执法监督，全面提高执法效能，推动形成权责统一、权威高效的行政执法体系和职责明确、依法行政的政府治理体系，确保行政机关依法履行法定职责，切实维护人民群众合法权益，为落实全面依法治国基本方略、推进法治政府建设奠定坚实基础。 |
| 2. Basic principles. | | （二）基本原则。 |
| Adhering to law-based regulation: Statutory duties shall be fully fulfilled, procedures shall be standardized, post responsibities shall be specified, the strict implementation of laws, regulations and rules shall be ensured, the lawful exercise of rights by citizens, legal persons and other organizations shall be protected, the conditions, links and other burdens relating to procedures shall not be increased in violation of the law, and nonfeasance and misfeasance in law enforcement shall be prevented. | | 坚持依法规范。全面履行法定职责，规范办事流程，明确岗位责任，确保法律法规规章严格实施，保障公民、法人和其他组织依法行使权利，不得违法增加办事的条件、环节等负担，防止执法不作为、乱作为。 |
| Adhering to law enforcement for the people: A people-centered development idea shall be firmly established, a close relation with the general public shall be established, the general public shall be served, the general public shall be facilitated in getting access to law enforcement information in a timely manner, completing various formalities, and effectively supervising law enforcement activities, and law enforcement causing disturbance to residents and unfair law enforcement shall be prevented. | | 坚持执法为民。牢固树立以人民为中心的发展思想，贴近群众、服务群众，方便群众及时获取执法信息、便捷办理各种手续、有效监督执法活动，防止执法扰民、执法不公。 |
| Adhering to a pragmatic and efficient approach: With a focus on the basic-level practical needs for law enforcement, every endeavor shall be made to resolve practical problems, and attention shall be paid to the effectiveness and pertinence of the measures to facilitate the operation of law enforcement officers, so as to effectively improve the efficiency of law enforcement and prevent cumbersome and unrealistic procedures. | | 坚持务实高效。聚焦基层执法实践需要，着力解决实际问题，注重措施的有效性和针对性，便于执法人员操作，切实提高执法效率，防止程序繁琐、不切实际。 |
| Adhering to reform and innovation: On the basis of ensuring uniformity and standardization, all regions and departments shall be encouraged, supported, and guided in adopting measures based on local conditions, innovating concepts, boldly practicing, continually exploring innovative working mechanisms, better serving and ensuring economic and social development, and preventing conformism and blind imitation. | | 坚持改革创新。在确保统一、规范的基础上，鼓励、支持、指导各地区、各部门因地制宜、更新理念、大胆实践，不断探索创新工作机制，更好服务保障经济社会发展，防止因循守旧、照搬照抄。 |
| Adhering to overall coordination: The building of various systems for administrative law enforcement shall be advanced in an overall manner, and resource integration and information sharing shall be strengthened, so as to ensure that all systems are organically connected and highly integrated and prevent disorganized and repeated efforts. | | 坚持统筹协调。统筹推进行政执法各项制度建设，加强资源整合、信息共享，做到各项制度有机衔接、高度融合，防止各行其是、重复建设。 |
| 3. Work objectives. | | （三）工作目标。 |
| The "three systems" shall be fully implemented among administrative law enforcement agencies at all levels, administrative punishment, administrative compulsion, administrative inspection, administrative expropriation and requisition, and administrative licensing shall be effectively regulated, the administrative law enforcement publication systems and mechanisms shall be continually improved, the recording of the information on the whole process of law enforcement, the traceability management of the whole process of law enforcement, and the full coverage of legal review of major law enforcement decisions shall be achieved, the public access to and transparency of law enforcement information, the traces of whole process of law enforcement, and the lawfulness and effectiveness of law enforcement decisions shall be comprehensively achieved, administrative law enforcement capabilities and level shall be considerably improved or raised, the error correction rates of administrative law enforcement shall significantly decrease, and the public satisfaction with administrative law enforcement shall improve obviously. | | “三项制度”在各级行政执法机关全面推行，行政处罚、行政强制、行政检查、行政征收征用、行政许可等行为得到有效规范，行政执法公示制度机制不断健全，做到执法行为过程信息全程记载、执法全过程可回溯管理、重大执法决定法制审核全覆盖，全面实现执法信息公开透明、执法全过程留痕、执法决定合法有效，行政执法能力和水平整体大幅提升，行政执法行为被纠错率明显下降，行政执法的社会满意度显著提高。 |
| II. Fully implementing the administrative law enforcement publication system | | 二、全面推行行政执法公示制度 |
| The publication of administrative law enforcement is an important measure to guarantee the right of persons subject to an administrative action and the public's right to know, participate, express and supervise. Administrative law enforcement agencies shall, in accordance with the principle that "who enforces the law conducts publication," clarify the duty to collect, transmit, review, and release the subject matter of publication and regulate the standards and formats of the subject matter of publication. Administrative law enforcement agencies shall establish a unified law enforcement information publication platform and disclose the basic information and information on the result of administrative law enforcement to the public through the government's websites, new media accounts for government affairs, the bulletin boards at service halls, service windows and other platforms. If information not suitable for disclosure for involving state secrets, trade secrets, personal privacy, or otherwise is required to be disclosed to the public, administrative law enforcement agencies shall process the information appropriately before disclosing it to the public. If administrative law enforcement agencies discover that the information on administrative law enforcement disclosed to the public is inaccurate, correction shall be made in a timely manner. | | 行政执法公示是保障行政相对人和社会公众知情权、参与权、表达权、监督权的重要措施。行政执法机关要按照“谁执法谁公示”的原则，明确公示内容的采集、传递、审核、发布职责，规范信息公示内容的标准、格式。建立统一的执法信息公示平台，及时通过政府网站及政务新媒体、办事大厅公示栏、服务窗口等平台向社会公开行政执法基本信息、结果信息。涉及国家秘密、商业秘密、个人隐私等不宜公开的信息，依法确需公开的，要作适当处理后公开。发现公开的行政执法信息不准确的，要及时予以更正。 |
| 4. Strengthening ex-ante disclosure. Administrative law enforcement agencies shall advance the ex-ante disclosure of administrative law enforcement, the disclosure of government information, the release of powers and responsibilities lists, regulation of randomly selected entities by randomly selected regulators and the public disclosure of regulatory results, and other work in an overall manner. Administrative law enforcement agencies shall disclose to the public the subjects of administrative law enforcement, personnel, duties, authority, basis, procedures, remedy channels, random inspection matters lists, and other information in a comprehensive, accurate, timely and voluntary manner. Administrative law enforcement agencies shall, in accordance with the relevant laws and regulations, in light of their own powers and duties, prepare and release their respective service guidelines and law enforcement flow charts and specify the titles of law enforcement matters, acceptance agencies, approval departments, acceptance conditions, time limit for processing, and other contents. The information disclosed to the public shall be concise and easy to understand and be promptly and dynamically adjusted based on the changes in laws, regulations and institutional functions. | | （四）强化事前公开。行政执法机关要统筹推进行政执法事前公开与政府信息公开、权责清单公布、“双随机、一公开”监管等工作。全面准确及时主动公开行政执法主体、人员、职责、权限、依据、程序、救济渠道和随机抽查事项清单等信息。根据有关法律法规，结合自身职权职责，编制并公开本机关的服务指南、执法流程图，明确执法事项名称、受理机构、审批机构、受理条件、办理时限等内容。公开的信息要简明扼要、通俗易懂，并及时根据法律法规及机构职能变化情况进行动态调整。 |
| 5. Regulating in-process publication. When conducting law enforcement activities such as supervisory inspection, investigation and evidence collection, adopting compulsory measures and enforcement, and serving law enforcement documents, an administrative law enforcement officer shall voluntarily produce law enforcement certificates, show their identity to the parties and relevant persons, be encouraged to adopt the means of wearing law enforcement certificates to publicly reveal law enforcement identity in the whole process, and produce an administrative law enforcement document to proactively inform the parties of the cause of law enforcement, basis for law enforcement, rights and obligations, and other contents. If the state requires uniform law enforcement clothing and law enforcement marks to be wore, a law enforcement officer shall do so as required. A post information sign shall be placed at a government service window to express the duties of the office of the employee, model text of application materials, progress check, consulting services, complaint and reporting, and other information. | | （五）规范事中公示。行政执法人员在进行监督检查、调查取证、采取强制措施和强制执行、送达执法文书等执法活动时，必须主动出示执法证件，向当事人和相关人员表明身份，鼓励采取佩戴执法证件的方式，执法全程公示执法身份；要出具行政执法文书，主动告知当事人执法事由、执法依据、权利义务等内容。国家规定统一着执法服装、佩戴执法标识的，执法时要按规定着装、佩戴标识。政务服务窗口要设置岗位信息公示牌，明示工作人员岗位职责、申请材料示范文本、办理进度查询、咨询服务、投诉举报等信息。 |
| 6. Strengthening ex-post disclosure. An administrative law enforcement agency shall, within 20 working days from the date of an enforcement decision, disclose the information such as law enforcement agency, object of law enforcement, classification of law enforcement, and law enforcement conclusion to the public, accept social supervision, and disclose the information on a law enforcement decision such as administrative licensing and administrative punishment to the public within seven working days from the date of the law enforcement decision, unless otherwise required by any law or administrative regulation. An administrative law enforcement agency shall establish and improve a release, revocation and updating mechanism for the disclosure of information on law enforcement decisions. If an administrative law enforcement decision is revoked, confirmed to be illegal or required to be re-made, the administrative law enforcement agency shall withdraw the information on the original administrative law enforcement decision from the information disclosure platform in a timely manner. An administrative law enforcement agency shall establish an annual statistical reporting system of administrative law enforcement, and local administrative law enforcement agencies at all levels shall disclose the data on the overall administrative law enforcement for the previous year before January 31 each year and submit the data to the people's government at the same level and the competent department at a higher level. | | （六）加强事后公开。行政执法机关要在执法决定作出之日起20个工作日内，向社会公布执法机关、执法对象、执法类别、执法结论等信息，接受社会监督，行政许可、行政处罚的执法决定信息要在执法决定作出之日起7个工作日内公开，但法律、行政法规另有规定的除外。建立健全执法决定信息公开发布、撤销和更新机制。已公开的行政执法决定被依法撤销、确认违法或者要求重新作出的，应当及时从信息公示平台撤下原行政执法决定信息。建立行政执法统计年报制度，地方各级行政执法机关应当于每年1月31日前公开本机关上年度行政执法总体情况有关数据，并报本级人民政府和上级主管部门。 |
III. Fully implementing the recording system of the whole process of law enforcement
．．．．．． | | 三、全面推行执法全过程记录制度
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