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| Several Opinions of the State Council on Pushing Forward the Administrative Law Enforcement Responsibility System | | 国务院办公厅关于推行行政执法责任制的若干意见 |
(July 37, 2005) | |
（国办发[2005]37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： |
The administrative law enforcement responsibility system is an important system for regulating and supervising the administrative law enforcement activities of the administrative department. With a view to implementing the relevant provisions of the Implementation Outlines for Overall Pushing Forward the Administration by Law (No.10[2004] of the State Council, hereinafter referred to as the Outlines), promoting the establishment of administrative law enforcement system with clear power and responsibilities, normative behavior, efficient supervision and strong safeguard, and pushing forward overall administration by law, and upon the approval of the State Council, we hereby bring forward the following opinions on the relevant work for pushing forward administrative law enforcement responsibility system. | |
行政执法责任制是规范和监督行政机关行政执法活动的一项重要制度。为贯彻落实《全面推进依法行政实施纲要》（国发［2004］10号，以下简称《纲要》）有关规定，推动建立权责明确、行为规范、监督有效、保障有力的行政执法体制，全面推进依法行政，经国务院同意，现就推行行政执法责任制有关工作提出以下意见。 |
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| I. Fully understanding the significance of pushing forward the administrative law enforcement responsibility system | | 一、充分认识推行行政执法责任制的重要意义 |
The Central Committee of the Communist Party of China and the State Council attach high importance to pushing forward the work for administrative law enforcement responsibility system. Specific requirements have been proposed for pushing forward administrative law enforcement responsibility system in the 15th National Congress of the Chinese Communist Party and the 16th National Congress of the Chinese Communist Party and the Third Plenary Session of the 16th Central Committee of the Communist Party of China and the Fourth Plenary Session of the 16th Central Committee of the Communist Party of China, and concrete provisions on the relevant work have been made by the Decision of the State Council on Overall Pushing Forward Administration by Law (No.23 [1999] of the State Council) and the Outlines. For many years, all regions and all relevant departments concerned have implemented the requirements of the Central Committee of the Communist Party of China and the State Council, and positively probed into the implementation of administrative law enforcement responsibility system, and have done a lot of work in strengthening administration on administrative law enforcement and regulating administrative law enforcement acts, and as a result, fairly good achievements have been made. However, there are still some problems in the work: the persons-in-charge in some regions and departments have not fully understood the work and failed to attach adequate importance to it; the administrative law enforcement responsibility system is not perfect enough, the procedures thereof are not so good, the appraisal and examination mechanism is not scientific enough, and it is difficult to execute the penalties being imposed upon, and it is not well linked up with the relevant systems; besides, there is no necessary safeguards for organizing the implementation of the system, and etc.. Therefore, it is urgent to further improve and perfect the administrative law enforcement responsibility system. | |
党中央、国务院高度重视推行行政执法责任制工作。党的十五大、十六大和十六届三中、四中全会对推行行政执法责任制提出了明确要求，《国务院关于全面推进依法行政的决定》（国发［1999］23号）和《纲要》就有关工作作出了具体规定。多年来，各地区、各有关部门认真贯彻落实党中央、国务院的要求，积极探索实行行政执法责任制，在加强行政执法管理、规范行政执法行为方面做了大量工作，取得了一定成效。但工作中也存在一些问题：有的地区和部门负责同志认识不到位，对这项工作不够重视；行政执法责任制不够健全，程序不够完善，评议考核机制不够科学，责任追究比较难落实，与相关制度不够衔接；组织实施缺乏必要的保障等。因此，迫切需要进一步健全和完善行政执法责任制。 |
Administrative law enforcement is the mass and frequently carried out activity of administrative departments, it directly faces to the society and the general public, and the level and quality of it directly concern the image of the government. To push forward administrative law enforcement responsibility system is to strengthen law enforcement responsibility, clarify law enforcement procedures and standards, regulate and supervise administrative law enforcement activities, and improve the level of administrative law enforcement, so as to ensure that the various requirements for administration by law can be actually put into effect. The local people's governments at all levels and all the departments of the State Council shall, under the guidance of Deng Xiaoping Theory and the importance thought of “Three Represents”, build up and implement the scientific view of development, and from the height that the Party is built for the public and it exercises state power for the people, and the height of building a government under the rule of law, and strengthening the construction of CPC governing capability according to law, fully understand the significance for pushing forward the administrative law enforcement responsibility system, and take effective measures to do well the work. | |
行政执法是行政机关大量的经常性的活动，直接面向社会和公众，行政执法水平和质量的高低直接关系政府的形象。推行行政执法责任制，就是要强化执法责任，明确执法程序和执法标准，进一步规范和监督行政执法活动，提高行政执法水平，确保依法行政各项要求落到实处。地方各级人民政府和国务院各部门要以邓小平理论和“三个代表”重要思想为指导，树立和落实科学发展观，从立党为公、执政为民，建设法治政府，加强依法执政能力建设的高度，充分认识推行行政执法责任制的重要意义，采取有效措施，进一步做好这项工作。 |
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| II. Defining the law enforcement function according to law | | 二、依法界定执法职责 |
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| 1. Carding the basis for law enforcement | | （一）梳理执法依据。 |
To push forward administrative law enforcement responsibility system, the relevant laws and regulations and rules implemented by the administrative departments and the provisions of “Three Decisions” of the departments under the State Council shall be carded clearly first. | |
推行行政执法责任制首先要梳理清楚行政机关所执行的有关法律法规和规章以及国务院部门“三定”规定。 |
The local people's governments at all levels shall organize to do well the work for carding the basis for law enforcement, and sorting out and arranging orders and listing the table of contents for the law enforcement basis implemented by the departments (including the organizations being invested the power of administrative law enforcement by laws and regulations) that have the qualification of subjects of administrative law enforcement, and shall have clear classification and scientific compilation. Attentions shall be paid to in linking up the law enforcement basis with the Law of the People's Republic of China on Administrative Penalty and the Administrative License Law of the People's Republic of China and other laws that governing the common government acts. The lower level people' s government shall, when carding the law enforcement basis of its subordinate departments, pay attention to having it linked up with the law enforcement basis of the relevant department in charge of the upper level people's government to avoid any omission. The local people's governments at all levels shall, on the basis of the formulation, amendment and repeal of the law enforcement basis, adjust in time the law enforcement basis of the relevant departments subordinate to them, and coordinate to solve the problem in the carding of enforcement basis. The enforcement basis whose carding has been completed shall, in addition to being issued to the relevant law enforcement departments, be announced to the public in a proper way. | |
地方各级人民政府要组织好梳理执法依据的工作，对具有行政执法主体资格的部门（包括法律法规授予行政执法权的组织）执行的执法依据分类排序、列明目录，做到分类清晰、编排科学。要注意与《中华人民共和国行政处罚法》、《中华人民共和国行政许可法》等规范政府共同行为的法律规范相衔接。下级人民政府梳理所属部门的执法依据时，要注意与上级人民政府有关主管部门的执法依据相衔接，避免遗漏。地方各级人民政府要根据执法依据制定、修改和废止情况，及时调整所属各有关部门的执法依据，协调解决梳理执法依据中的问题。梳理完毕的执法依据，除下发相关执法部门外，要以适当方式向社会公布。 |
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| 2. Resolving enforcement authority | | （二）分解执法职权。 |
The departments that have administrative law enforcement function in local people's governments at all levels shall, according to the unified deployment and requirements of the people's government at the corresponding level, and in light of the equipment of law enforcement institutions and law enforcement posts, resolve their legitimate authority to the concrete law enforcement institution and law enforcement post. The relevant departments shall not increase or enlarge the power of administrative law enforcement of their own departments without permission. | |
地方各级人民政府中具有行政执法职能的部门要按照本级人民政府的统一部署和要求，根据执法机构和执法岗位的配置，将其法定职权分解到具体执法机构和执法岗位。有关部门不得擅自增加或者扩大本部门的行政执法权限。 |
It shall be scientific and reasonable to resolve the internal authority of different law enforcement institutions and law enforcement posts in an administrative law enforcement department, which shall not only avoid the intercrossing and repetition of authorities between the parallel law enforcement institutions and the law enforcement posts, but also be advantageous to promoting the coordination and cooperation between them. The authorities between different level law enforcement institutions and law enforcement posts shall be linked up with each other, so as to have a clear enforcement procedure, concrete requirements and prescribed time limit. The administrative law enforcement personnel of all the departments of administrative law enforcement shall be trained in combination with the concrete authority of their post before holding the post; no one may be issued the certificate of administrative law enforcement according to the relevant provisions until after having passed the examination and checking and having had the qualification of administrative law enforcement.
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分解行政执法部门内部不同执法机构和执法岗位的职权要科学合理，既要避免平行执法机构和执法岗位的职权交叉、重复，又要有利于促进相互之间的协调配合。不同层级的执法机构和执法岗位之间的职权要相互衔接，做到执法流程清楚、要求具体、期限明确。对各行政执法部门的执法人员，要结合其任职岗位的具体职权进行上岗培训；经考试考核合格具备行政执法资格的，方可按照有关规定发放行政执法证件。
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