Hubei Exploration of Strengthening Supervision and Preventing "Willful" Administrative Law Enforcement Supervision of Power

2023-03-27

Another institutional achievement has been achieved in the supervision of administrative law enforcement in Hubei Province. Recently, the Hubei Provincial Department of Justice issued the "Guidelines for Handling Administrative Law Enforcement Supervision Cases in Hubei Province" to improve the entire work process of administrative law enforcement supervision from clue discovery to file filing. "Strengthening supervision of administrative law enforcement and standardizing administrative law enforcement actions is an important link in promoting administration according to law and building a government ruled by law, and it is necessary to scientifically standardize the focus and procedures of administrative law enforcement supervision." Xie Wenmin, member of the National Committee of the Chinese People's Political Consultative Conference and director of Hubei Shouyi Law Firm, said. At this year's two sessions of the National People's Congress, Xie Wenmin proposed to further strengthen the supervision mechanism and capacity building of administrative law enforcement through legislation, promote the scientific and standardized supervision of administrative law enforcement, and enhance the credibility of administrative law enforcement. The reporter from the "Rule of Law Daily" learned that the judicial administration system in Hubei adheres to the supervision concept of "placing equal emphasis on concrete and abstract administrative acts", and takes "truly solving problems and solving real problems" as the yardstick for conducting administrative law enforcement supervision work, with initial results. Ensure the quality and efficiency of supervision. "Law enforcement personnel seized about 1200 tons of river sand on site, but after 20 days, why is there less than 300 tons left after weighing?" During an administrative law enforcement case review, the administrative law enforcement supervision staff of the Ezhou Municipal Bureau of Justice discovered a mystery. After filing a case for investigation, the Ezhou Municipal Bureau of Justice has verified that the law enforcement unit has "used detained items without authorization or neglected management, resulting in serious damage or loss of detained items.". According to the "Measures for the Implementation of the Judicial Department of Hubei Province, the Commission for Discipline Inspection and Supervision of Hubei Province, on the Transfer of Problems and Clues Found in Administrative Law Enforcement Supervision by Judicial Administrative Organs to Discipline Inspection and Supervision Organs (for Trial Implementation)", the case meets one of the 12 circumstances for transfer. Ezhou Municipal Bureau of Justice launched a linkage mechanism for law enforcement and discipline enforcement, transferring the clues to the issue to the Municipal Commission for Discipline Inspection and Supervision. Finally, the person in charge of the law enforcement detachment involved in the case was given a warning within the party, and the remaining staff members were subjected to criticism, education, and written inspections. Ezhou Municipal Water Conservancy Bureau transferred 5 law enforcement personnel from their posts. The "collaborative operation" between judicial administrative organs and disciplinary inspection and supervision departments is one of the explorations in Hubei Province to innovate in administrative law enforcement supervision and improve the quality and efficiency of supervision work. Committed to "supervision" and settled on "efficiency". The judicial and administrative organs throughout Hubei Province take special actions as the starting point, and carry out administrative law enforcement supervision through file review, special inspection, evaluation and assessment, etc; Establish a "1+N" clue collection mechanism, establish a mutual notification mechanism for problem clues with departments such as discipline inspection and supervision, legal inspection, industry and commerce federation, and letter and visit departments, open an online problem clue collection platform, and expand the source of clues. "We have also increased the evaluation weight of administrative law enforcement supervision in the performance evaluation of the rule of law, the demonstration establishment of the rule of law government, and the construction of a legal business environment. We have implemented incentive measures linked to transfer payments and a notification system to local party committees and governments to promote law enforcement supervision through efficiency evaluation." Xiang Anping, Director of the Administrative Law Enforcement Coordination and Supervision Division of the Hubei Provincial Department of Justice, said. At the beginning of 2022, the Hubei Provincial Department of Justice deployed a special action to "strengthen administrative law enforcement supervision and optimize the legal business environment". Over the past year, a total of 1048 administrative law enforcement supervision cases were handled, and 287 problem clues were transferred to the disciplinary inspection and supervision authorities. "Improving the supervision system"

Edit:Ying Ying    Responsible editor:Shen Chen

Source:legaldaily.com

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