Briefings on the area of integrated law enforcement work in parts of the country
At present, the local government is investigating work reforms in the field of comprehensive law enforcement, but there are still many questions in various aspects. I searched for practices in other places along the way, and briefly formed a brief introduction.
In terms of comprehensive administrative law enforcement reform, local experience is mainly limited to comprehensive law enforcement in areas such as urban management, cultural markets, agricultural resources, and transportation. So far, no experience has been found to unify all or most of the administrative law enforcement powers to establish “unified administrative law enforcement.” Jiaozhou City, Qingdao is piloting the reform of the comprehensive administrative law enforcement system, but it is currently limited to the exercise of all administrative law enforcement powers at the township level, and no specific practice has been promoted at the county level or above.
In terms of implementing a unified platform for accepting and handling administrative law enforcement, currently more mature representative practices include the “Fujian Provincial Online Administrative Law Enforcement Platform” with a complex difficulty model, the “Qiqihar City Administrative Law Enforcement Platform” with a simple difficulty model, and the “Ningbo City Administrative Law Enforcement Online Platform”. Service Hall”, etc. Among them, the experience of Fujian Province is to build a unified electronic network information platform for the whole province. All administrative actions and supervision work are carried out on the platform, including a unified platform for accepting, handling and supervising administrative law enforcement in the whole province; the experience of Qiqihar City is to build a unified The acceptance and information publicity platform does not involve case handling and transfer work; Ningbo City’s experience is to build a unified information publicity platform to publicize the progress and results of all administrative law enforcement actions in the city and accept public supervision.
The following is an introduction to the specific situation of comprehensive law enforcement in some regions in China:
Comprehensive law enforcement work reform in Jiaozhou City:
Beginning in 2013, Shandong Province carried out comprehensive administrative law enforcement reform pilots in eight towns (streets) in Jiaozhou City. Under the condition of unchanged organizational structure, the joint law enforcement model was mainly used to promote the integrated comprehensive law enforcement reform of cities, towns (streets) .
The city has integrated law enforcement functions and implemented centralized law enforcement. At the municipal level, the powers of law enforcement in the eight fields of urban management, land management, environmental protection, production safety, food safety, public security management, cultural management, animal husbandry and veterinary medicine, which are scattered in various departments directly under the city, will be concentrated in the proposed comprehensive administrative law enforcement At the township level, integrate the town (street) urban management squadron, safety supervision office, land office and other law enforcement agencies, establish a comprehensive law enforcement squadron, implement a dual management system between the city and the town, focus on town (street) management, and enforce the law by The town (street) is deployed in a unified manner, and the responsibility for law enforcement is assumed by the town (street), and the business is guided by the competent department.
Features:
1. Concentrate law enforcement powers at the county and township levels, and set up comprehensive law enforcement departments respectively, so as to advance the concept of comprehensive law enforcement from the township level to the top.
2. The personnel of the comprehensive law enforcement department at the township level are stationed by the law enforcement department at the county level, and their administrative actions need to be reviewed by the law enforcement department at the county level before they become effective.
insufficient:
This reform has now integrated the law enforcement power at the township level, but it has not yet been substantially advanced at the county level, and has not involved areas such as unified platforms and supervision.
Fujian Online Administrative Law Enforcement Platform:
In June 2011, Fujian Province launched the construction of a provincial-level online administrative law enforcement platform. Based on the provincial online administrative examination and approval system and the online examination and approval electronic monitoring system, relying on the existing resources of the provincial government affairs intranet, extranet and digital Fujian, the platform focuses on administrative punishment and takes into account other administrative actions. Based on the principle of practicality and practicality, a provincial-level integrated administrative law enforcement online operation mechanism has been constructed. The platform can realize the online operation and processing of administrative approval and administrative punishment, and accept online electronic supervision. It can meet the needs of the public to inquire about the handling of administrative matters in real time, the needs of the staff of law enforcement agencies to conduct online administrative law enforcement, and the real-time remote supervision needs of the legal system and efficiency supervision departments for administrative law enforcement.
The promotion process of the platform is mainly divided into five steps:
One is to make a list of powers.Comprehensively sort out relevant laws, regulations and rules, further clarify the basis, conditions, standards and procedures for the establishment of powers, compile a catalog of administrative powers, and list powers.
The second is to clarify the power of discretion.On the basis of clearing and confirming rights, focus on the refinement and quantification of the scope, conditions, and standards of various administrative enforcement powers, such as the scope, conditions, and standards, that have flexible space, and set limits by file, clarify administrative discretion standards, and reduce the discretionary space.
The third is R&D design and the establishment of a unified platform.The platform is mainly composed of three parts: the online administrative law enforcement service hall, the online administrative law enforcement business handling system and the online administrative law enforcement electronic monitoring system. Early warning and error correction and performance evaluation and other functions. The online administrative law enforcement service hall relies on the Internet to disclose the legal basis, punishment standards, punishment results and basic information of law enforcement personnel to the public, so as to facilitate public supervision and complaints; the online administrative law enforcement business handling system is set up on the government affairs intranet to realize the handling of law enforcement cases The entire process of registration, case filing, investigation, enforcement, case closure, and reconsideration is handled electronically; the online administrative law enforcement electronic monitoring system is set up on the government affairs intranet, mainly to monitor the entire process of online administrative law enforcement behavior. The online administrative law enforcement platform is divided into provinces, cities, and counties. Through unified interface standards and unified data exchange formats, the interconnection and interoperability of the provincial, city, and county platforms will be realized, and data sharing, business collaboration, law enforcement norms, and supervision will eventually be formed. A powerful platform for online law enforcement.
The fourth is to implement electronic simultaneous monitoring.On the online administrative law enforcement platform, four functions are established, including business process records of administrative law enforcement cases, traces of modification of illegal facts, multi-directional electronic monitoring and multi-dimensional statistical reports, so as to effectively manage the links and processes of case handling and eliminate the interference of human factors . In the process of handling law enforcement cases, through integrated supervision methods such as case process supervision, time limit supervision, abnormal case supervision, penalty result supervision, defect case supervision, etc., the whole process and all-round supervision of law enforcement behaviors are realized. At the same time, using the interconnection of online administrative law enforcement platforms, law enforcement departments at the provincial, city, and county levels can supervise the entire process of case handling, and legal institutions, administrative supervision and other departments can also supervise the entire process of law enforcement.
Fifth, expand the scope of application and improve service functions.While promoting the construction of an online administrative law enforcement platform, Fujian Province is vigorously building an online platform for the sunny operation of administrative power, which includes administrative approval, administrative law enforcement, public resource transactions, and electronic supervision. Administrative penalties have been extended to government procurement, land transfer, property rights transactions, construction projects and other fields, realizing the transformation from simple administrative functions to comprehensive government services.
Features:
1. The administrative law enforcement platform is the earliest, largest, most complex and most complete administrative law enforcement platform system in China.
2. The system fully integrates key functions such as online law enforcement services, law enforcement business handling, and electronic monitoring, and the information sharing mechanism of “connection of two laws” can be directly realized on this platform.
insufficient:
The construction of this system is too difficult for the grassroots, and it needs to be promoted by the province and city to be feasible.
Qiqihar City Administrative Law Enforcement Platform:
The Qiqihar City Administrative Law Enforcement Platform was officially launched on June 13, 2012. The platform has a total of 5 columns, including the disclosure of law enforcement, the law enforcement plan of administrative law enforcement departments, the reporting of administrative law enforcement, the inquiry of administrative punishment, and the supervision of administrative law enforcement effectiveness. At the same time, in order to ensure the orderly and effective operation of the law enforcement platform, the Municipal Commission for Discipline Inspection has formulated management and assessment methods to assess the relevant law enforcement departments of the municipal government. In addition, the system has also adopted the method of pilot promotion, and the first batch of 11 administrative law enforcement departments opened the platform. It is understood that the administrative law enforcement platform will take several months from planning to establishment.
features:
1. Unified acceptance platform. The reporting information is assigned by the background staff of the system to various functional departments for processing. After more than two years of operation, the reporting platform currently handles 285 cases.
2. Unified publicity platform. The system publicizes the law enforcement plans and administrative punishments of various administrative law enforcement departments, which can be queried at any time.
3. Unified supervision platform. In the operation of the system, the discipline inspection and supervision agencies are involved in the whole process, and the administrative efficiency supervision module is combined with the system, which can supervise and report administrative efficiency.
insufficient:
The system is mainly used for the collection and transfer of complaints and the disclosure of punishment information, and does not integrate the case handling background and entity case supervision mechanism.
Ningbo Administrative Law Enforcement Online Service Hall:
In August 2012, Ningbo City established an online service hall for administrative law enforcement at the city and county levels to make public all administrative punishment cases, from the acceptance of the case to the end of the case, and the entire law enforcement process and supervision.
The online service hall was established by the supervision department of the Ningbo Municipal Commission for Discipline Inspection, and its system consists of “two databases, two networks and two systems”. The administrative penalty discretionary database and administrative law enforcement law database in the system include the administrative penalty discretionary power of 40 law enforcement departments in the city. According to different circumstances, there are different grades and corresponding penalty types and punishment ranges. Penalties are refined and quantified There are 10,583 grades, and 3,348 national, provincial and municipal departments are included for inquiries by administrative law enforcement departments and the public. The administrative law enforcement special network, administrative law enforcement service hall network, law enforcement business system, and electronic monitoring system in the system will clearly present the whole process of each administrative law enforcement. Objects of punishment and other citizens, legal persons and organizations can log on to the website of the Administrative Law Enforcement Service Hall to inquire about discretionary power, the qualification certificate number of law enforcement personnel, publication and inquiry of punishment results, complaints and reports, etc.
Features:
The entire handling process and results of all administrative punishment cases will be made public.
insufficient:
The system only integrates and releases the law enforcement information of various departments, and does not establish a unified acceptance and diversion platform, and the system only supports the public to report and complain about illegal or violations that occur during the law enforcement process.
Zibo City Unified Administrative Law Enforcement Supervision Network Operation Platform:
In order to standardize the handling of administrative cases and administrative discretion, Zibo proposed in April 2014 to establish a unified network operation platform for administrative law enforcement supervision in the city. Zibo’s administrative law enforcement supervision network operation platform implements the integrated construction of district, county and city government departments, which are carried out simultaneously and share one platform to realize online case handling, online supervision, and online services.
The city plans to standardize the law enforcement process, refine the standards, improve the system, and operate online to realize the standardization, informationization, openness, real-time supervision and comprehensive coverage of the administrative punishment power, so as to ensure the lawful, standardized, open and reasonable exercise of the administrative punishment power . All the data of the administrative penalty subject database, administrative law enforcement personnel database, law enforcement basis law enforcement matter database and administrative penalty discretion benchmark database are implanted into the city’s unified administrative law enforcement supervision network operation system, and an administrative penalty matter coding management mechanism is established to solidify the law enforcement process. Except for public security, taxation, customs, commodity inspection and the People’s Bank of China, all administrative law enforcement departments’ punishment cases must be handled on the city’s unified administrative law enforcement supervision network platform.
Features:
1. The city will make overall planning, and the two levels of government will simultaneously establish a platform for administrative law enforcement and administrative supervision.
2. Except for specific fields, the handling and transfer of administrative cases are carried out on the platform.
insufficient:
The platform has not yet been built, and the city is currently carrying out the “Administrative Law Enforcement Standardization Construction Year” campaign, and it will take time to unify the platform.
Yiwu unified complaint and reporting platform for administrative law enforcement:
In 2009, the Yiwu Municipal Government promoted the Commission for Disciplinary Inspection, the Procuratorate and other departments to integrate the complaints, reports, and consultation telephones of the original 74 departments in Yiwu into 96150, making it a unified complaints and reports platform for administrative law enforcement in Yiwu. The platform is affiliated with the convenience service center of the municipal government and exists independently of the administrative law enforcement department, which provides a solid foundation for the implementation of the inspection agency’s law enforcement supervision power.
The platform management center will dispatch the complaints and reports received to the relevant law enforcement and administrative responsible units through the network in the form of business orders according to the division of functions. The center will give feedback to the report and complaint consultants.
features:
1. Establish a unified administrative law enforcement complaint platform in the city.
2. The platform management department is independent from the administrative department, which is convenient for supervision.
insufficient:
There is only a telephone acceptance platform.
