Measures of Beijing Municipality on the Publicity of Administrative Law Enforcement

Article 1 In order to improve the transparency of administrative law enforcement, take the initiative to accept social supervision, and promote strict, standardized, fair and civilized law enforcement, these Measures are formulated in accordance with the Regulations on the Openness of Government Information and the relevant provisions of the State Council, combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the administrative law enforcement publicity activities of the administrative organs of this Municipality, organizations authorized by laws and regulations or organizations entrusted by law (hereinafter referred to as administrative law enforcement organs).

Article 3 The publicity of administrative law enforcement refers to the activities in which administrative law enforcement organs at all levels voluntarily disclose the relevant information of administrative law enforcement to the public through specific carriers and ways, and consciously accept social supervision.

Article 4 The public information of administrative law enforcement is divided into basic information and dynamic information. The publicity of administrative law enforcement is mainly based on the website of the government or department, supplemented by the on-site publicity of the office and the publicity of new government media.

Article 5 The administrative law enforcement organ shall, in accordance with the requirements of "who enforces the law and who publicizes it", establish a system for examining, publishing, canceling and updating the publicity information of administrative law enforcement. The publicity of administrative law enforcement should be active, timely and accurate.

Sixth in addition to the information that belongs to state secrets according to law, the administrative law enforcement organs should take the initiative to disclose the following basic information of administrative law enforcement:

(a) institutional functions, law enforcement subjects, office location, office hours, correspondence address, consultation telephone number and supervision telephone number.

(two) the list of rights and responsibilities of law enforcement subjects and the list of double random checks.

(3) Information of law enforcement personnel, including: name, unit, number of law enforcement certificate and whether the law enforcement certificate is valid; If there are clothes, signs, logos and administrative law enforcement certificates, the style information of clothes, signs, logos and certificates shall also be publicized.

(four) the service object, handling conditions, handling methods, handling procedures, legal time limit, commitment time limit, charging method, charging basis, and the contents, forms, filling instructions and demonstration texts of the application materials.

(five) the process of administrative punishment and administrative enforcement.

(6) Discretion standard and hearing standard of administrative punishment.

(seven) other basic information that should be voluntarily disclosed by laws, regulations and rules. The basic information of administrative law enforcement stipulated in the preceding paragraph, the conditional administrative law enforcement organs can take the form of setting up columns and self-service inquiry terminals in the office to provide consulting services.

Seventh administrative law enforcement organs to hire auxiliary personnel to engage in law enforcement activities, should take the initiative to publicize the basic information of auxiliary personnel's job responsibilities, auxiliary authority and so on; The administrative law enforcement organs shall also actively publicize the style information of the relevant clothing, signs, logos and work certificates when issuing the clothing, signs, logos and work certificates of auxiliary personnel.

Article 8 Law enforcement officers and auxiliary personnel of administrative law enforcement organs are already performing official duties.

You should wear relevant signs during the trip and take the initiative to show your certificates. Law enforcement officers should take the initiative to issue administrative law enforcement documents when conducting supervision and inspection, investigation and evidence collection, taking compulsory measures, enforcement, serving documents and other law enforcement activities, and inform the parties of the law enforcement reasons, law enforcement basis, rights and obligations, relief methods and relief channels.

Ninth government service window should be set up information bulletin board or electronic information screen, take the initiative to publicize the name of the window for business and personnel information.

Tenth administrative law enforcement dynamic information publicity mainly includes the annual law enforcement inspection plan publicity, specific law enforcement process information publicity, law enforcement results publicity and law enforcement statistics annual report publicity.

Eleventh administrative law enforcement organs shall publish the law enforcement inspection plan (including double random inspection) in the first quarter of each year. The annual law enforcement inspection plan shall include the inspection subject, inspection method, management object base and corresponding inspection proportion.

Article 12 The following information in the process of administrative law enforcement shall be disclosed voluntarily:

(1) Where an administrative license or administrative confirmation is implemented according to the examination results, the information of the examination results shall be publicized before the implementation of the administrative license or administrative confirmation.

(two) the implementation of administrative licensing or administrative payment by lottery or lottery. , qualified relative information should be publicized before the date of lottery or lottery.

(3) Where an administrative license or administrative compulsion is implemented by means of bidding or auction, relevant information shall be publicized by means of bidding and auction announcement in accordance with the relevant provisions of the Bidding Law of People's Republic of China (PRC) and the Procurement Law of People's Republic of China (PRC).

(four) if it is necessary to organize a public hearing, it shall be announced in the form of a hearing announcement, and the time, place and matters of the hearing shall be made public.

(five) other information that should be disclosed according to law in the process of law enforcement.

Thirteenth unless otherwise stipulated by laws, regulations and rules, the results of law enforcement inspection shall be publicized on a monthly or quarterly basis; The results of administrative licensing and administrative punishment shall be publicized voluntarily within 7 working days from the date of making the decision; Other administrative law enforcement results shall be publicized voluntarily within 20 working days from the date of making the decision.

Fourteenth administrative law enforcement results publicity can take the form of law enforcement decision publicity or law enforcement decision publicity.

Article 15 If the result of administrative law enforcement takes the form of a public law enforcement decision document, the bank account number, the certificate number of ownership of movable or immovable property, the property status of the unit or individual, and personal privacy information such as name, age, home address, ID number and communication mode shall be hidden in the law enforcement decision document. If the administrative law enforcement result takes the form of a summary of the public law enforcement decision, it shall include the subject of law enforcement, the category of law enforcement, the object of law enforcement (personal real name is hidden), the date of law enforcement, the result of law enforcement, etc. Where an administrative law enforcement decision is made, the document number of the law enforcement decision and the content of the decision shall also be publicized.

Sixteenth administrative law enforcement results meet the following circumstances, not publicity:

(a) The party concerned is a minor;

(2) Involving state secrets;

(3) The disclosure may affect national security, public security, economic security or social stability;

(four) publicity may affect the investigation and handling of a series of cases;

(five) the case is suspected of a crime and needs to be transferred to the public security organ for investigation and handling, or is being investigated and handled by the public security organ;

(six) other circumstances stipulated by laws, regulations and rules that are not publicized.

Seventeenth administrative law enforcement organs shall establish an annual reporting system of administrative law enforcement statistics, and voluntarily announce the situation of administrative law enforcement in the previous year before 1+0 every year, and report to the people's government at the same level and the higher authorities.

The annual statistical report of administrative law enforcement shall include the following contents:

(a) the name and number of law enforcement subjects of administrative law enforcement organs;

(two) the establishment of law enforcement posts and the on-the-job situation of law enforcement personnel of all law enforcement subjects;

(three) the input of law enforcement forces;

(four) the handling of government service matters;

(five) the implementation of the law enforcement inspection plan;

(six) the handling of cases such as administrative punishment and administrative coercion;

(seven) the acceptance and classification of complaints and reports;

(eight) other circumstances that the administrative law enforcement organs think need to be publicized.

Eighteenth when the basic information of administrative law enforcement changes, the administrative law enforcement organ shall update it in time. If the administrative law enforcement decision is revoked, partially revoked, confirmed illegal, invalid or changed according to law, the administrative law enforcement organ shall remove the publicized information on the relevant administrative law enforcement results within 10 working days.

Nineteenth citizens, legal persons or other organizations believe that the contents of the administrative law enforcement publicity have problems of legality and appropriateness and put forward supervision suggestions to the administrative law enforcement organs, and the administrative law enforcement organs shall promptly study them; If there are problems, they should be corrected in time. If the relative person of administrative law enforcement thinks that the open information of administrative law enforcement infringes on their legitimate rights and interests and requires the administrative law enforcement organ to make corrections, the administrative law enforcement organ shall promptly verify it, and if it is really necessary to make corrections, it shall make corrections in time; If it is not corrected, explain the reasons to the parties. Twentieth citizens, legal persons or other organizations to apply for the disclosure of administrative law enforcement information, administrative law enforcement organs should be handled in accordance with the relevant provisions of the government information disclosure. If it is an application to inquire about the credit information of a specific third party, it shall inform the applicant to inquire in accordance with the provisions of the state and this Municipality on the collection and management of credit information.

Article 21 These Measures shall come into force on June 1 day, 2020.