The Ministry of Justice releases the first batch of typical cases of administrative law enforcement supervision
2024-11-14
Administrative law enforcement supervision, as an internal hierarchical supervision of administrative law enforcement work by higher-level administrative organs over lower level administrative organs, is an important component of the supervision system of the Party and the state, and is the basic way for party committees and governments at all levels to coordinate administrative law enforcement work. The Third Plenary Session of the 20th Central Committee of the Communist Party of China put forward clear requirements for improving the system and mechanism of administrative law enforcement supervision. In February of this year, the General Office of the Communist Party of China Central Committee and the General Office of the State Council issued the "Opinions on Strengthening the Construction of the Coordination and Supervision Work System for Administrative Law Enforcement", clarifying that the judicial administrative department, as the government's administrative law enforcement supervision agency, represents the local government to undertake specific administrative law enforcement supervision affairs, makes comprehensive and specific arrangements for strengthening administrative law enforcement supervision work in the new era, stipulates the content and matters of administrative law enforcement supervision, improves the methods and measures of administrative law enforcement supervision, and enhances the procedures and responsibilities of administrative law enforcement supervision. Various regions and relevant departments have conscientiously implemented the requirements of relevant tasks, strengthened the supervision mechanism and capacity building of administrative law enforcement, increased the supervision of major administrative law enforcement cases, and effectively promoted the improvement of the quality of administrative law enforcement. In order to further strengthen the correction and error correction function of administrative law enforcement supervision, improve the standardization and rule of law level of administrative law enforcement supervision work, the Ministry of Justice recently released 8 cases, reflecting the content, methods, and specific practices of administrative law enforcement supervision from different aspects, reflecting the functional tasks and work characteristics of administrative law enforcement supervision responsibilities, especially focusing on people's daily affairs, highlighting enterprise related law enforcement supervision, and focusing on solving problems such as non-standard inspections and excessive inspections. It has a positive demonstration significance for guiding local administrative law enforcement supervision agencies and supervisory institutions to carry out supervision work in accordance with the law. One is to conduct comprehensive and full process supervision of administrative law enforcement, so that wherever administrative law enforcement goes, administrative law enforcement supervision follows up. Administrative law enforcement supervision can comprehensively supervise the systems, mechanisms, subjects, authorities, procedures, results, legal responsibilities, and other aspects involved in administrative law enforcement work. The supervision cases announced this time involve different law enforcement fields, law enforcement subjects, and illegal situations. Some are issues of incorrect application of laws, some are issues of non-standard law enforcement procedures, and some are issues of improper behavior of administrative law enforcement personnel. In the case of the Judicial Bureau of a certain city supervising the improper law enforcement behavior of law enforcement personnel of the County Housing and Urban Rural Development Bureau, the administrative law enforcement supervision agency actively coordinated and guided relevant administrative law enforcement agencies to handle uncivilized law enforcement behavior in accordance with the law, and communicated with administrative counterparts to resolve conflicts. The case of a tobacco monopoly bureau in a certain city supervising the enforcement of improper administrative licensing decisions by the district tobacco monopoly bureau indicates that the subject of administrative law enforcement supervision also includes the higher-level administrative law enforcement agencies. Secondly, administrative law enforcement supervision should urge administrative law enforcement agencies to implement strict, standardized, fair, and civilized law enforcement requirements, maintain the order of the socialist market economy, and enhance the sense of gain of the people. The purpose of administrative law enforcement supervision is to urge administrative law enforcement agencies at all levels to fulfill their law enforcement responsibilities in accordance with the law, promote the effective implementation of important administrative law enforcement systems, laws, regulations, rules and other provisions formulated and promulgated by the Party Central Committee and the State Council, create a good economic and social order, and protect the legitimate rights and interests of administrative counterparts from infringement. In the case of repeated administrative inspections and supervision by the judicial bureau of a certain city on relevant administrative law enforcement departments related to enterprises, the administrative law enforcement supervision agency strengthened the supervision of enterprise related law enforcement, effectively solving the problems of multiple inspection subjects, multiple inspection contents, multiple inspection frequencies, and inconsistent inspection standards reflected by enterprises. In the case of the judicial bureau of a certain city improperly issuing a 'risk warning letter' to the county financial office for law enforcement supervision, the administrative law enforcement supervision agency accurately identified the nature of the 'risk warning letter' in the case through multiple discussions and arguments, corrected the improper administrative behavior in accordance with the law, and protected the legitimate rights and interests of the enterprise. Thirdly, administrative law enforcement supervision should comprehensively utilize various supervision measures, promptly and proactively correct errors and deviations in administrative law enforcement work, and focus on improving the actual effectiveness of supervision. In carrying out administrative law enforcement supervision work, in order to clarify the facts and improve the effectiveness of law enforcement supervision, administrative law enforcement supervision agencies or supervisory institutions can investigate and inspect administrative law enforcement work through open and covert visits, questioning relevant personnel, reviewing case files, organizing demonstration meetings, listening to work situation reports, evaluating and identifying, and interviewing relevant responsible persons. For illegal or improper situations, supervisory documents can be issued to urge relevant agencies to correct them on their own. In the case of the Judicial Bureau of a certain city supervising the enforcement of improper administrative penalty decisions by the County Market Supervision and Administration Bureau, for major, difficult and complex cases or cases where it is believed that the lower level administrative law enforcement and supervision agencies have mishandled them, the higher-level administrative law enforcement and supervision agencies may handle them at a higher level. Fourthly, administrative law enforcement supervision should draw lessons from one case to another, use individual case correction to drive similar case rectification, and promote the overall improvement of administrative law enforcement quality. Administrative law enforcement supervision promotes the rectification of similar cases by correcting and rectifying individual cases, and solves common problems in administrative law enforcement. In the case of the Judicial Bureau of a certain city supervising the enforcement of administrative penalties against the Municipal Water Resources and Lakes Bureau in accordance with the law, the administrative law enforcement supervision agency promoted the higher-level supervisory department of the administrative law enforcement agency to conduct self-examination and self correction of the entire system's law enforcement case files, and carried out targeted rectification. In the case of improper law enforcement supervision by the Judicial Bureau of a certain city on the administrative penalty procedures of the Municipal Transportation Bureau, the administrative law enforcement supervision agency promoted the revision of the "Work Regulations for Handling Illegal Acts (Trial)" by the higher-level transportation authority in response to the problems reflected in the case. In the case of repeated inspection and law enforcement supervision by the Judicial Bureau and Comprehensive Guidance Office of a certain city on enterprises related to the Bureau of Culture, Radio, Tourism and Sports, the administrative law enforcement supervision agency actively analyzed the reasons, formulated and introduced relevant measures, strengthened the coordination of administrative law enforcement plans, promoted the construction of a preventive normative system, and reduced repeated inspections caused by regulatory policy disputes. Compared with other forms of supervision, administrative law enforcement supervision has the following characteristics: firstly, administrative law enforcement supervision is based on the internal hierarchical command and management relationship between superior and subordinate administrative organs, and is a power activated by authority. The second focus of administrative law enforcement supervision is to coordinate and promote administrative law enforcement work, strengthen the standardized management of administrative law enforcement subjects, personnel, and matters, strengthen the constraints on administrative law enforcement procedures, promote the implementation of important administrative law enforcement systems and administrative law enforcement responsibility systems, and strengthen the incentive guarantee for administrative law enforcement work. Thirdly, administrative law enforcement supervision belongs to the internal correction and error correction of administrative organs, which is different from relief methods such as administrative reconsideration and administrative litigation, and does not directly impose penalties on the rights and obligations of the parties involved. Fourthly, administrative law enforcement supervision supervises and guides administrative law enforcement agencies at all levels to correct improper or illegal behavior on their own through the issuance of administrative law enforcement supervision letters, opinions, and decisions and other work procedures. Next, the Ministry of Justice will guide various regions and departments to improve and perfect the guidance system for typical cases of administrative law enforcement supervision, and use typical cases to demonstrate and significantly improve the level of administrative law enforcement supervision capabilities. We will comprehensively promote strict, standardized, fair, and civilized law enforcement, and provide strong legal guarantees for high-quality economic and social development. (New Society)
Edit：Rina Responsible editor：Lily
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