Jiangsu took the lead in formulating the regulations on administrative procedures nationwide to exercise the "rules" and "boundary limit" in administrative power

On July 29, the 31st meeting of the Standing Committee of the 13th Provincial People's Congress voted and approved the "Regulations on the Administrative Procedure of Jiangsu Province". Jiangsu took the lead in carrying out local legislation on administrative procedures nationwide, with the starting point of standardizing, guaranteeing and supervising the administrative authority in accordance with the law, and safeguarding the legitimate rights and interests of citizens, legal persons and other organizations. Strive for administrative power to exercise "set the rules" and "out of bounds".

Promote the standardization of government governance with legislation

"Administrative organs exercise their powers in accordance with the law and strictly follow the legal procedures, which is not only conducive to promoting administration, high efficiency, and integrity in accordance with the law, but also to protect the legitimate rights and interests of citizens, legal persons and other organizations." Wang Lasheng, chairman of the Provincial People's Dafa System Commission, said that the province first tried first to carry out local legislation in the country in the country, which is not only a beneficial exploration made for the country's future administrative procedure codes, but also improves the administrative procedure system and accelerates the rule of law government. Construction is of great significance.

Creative legislation is facing many difficulties. According to Wang Lasheng, the administrative procedures involved a wide range and complicated content, and many aspects of laws, administrative regulations, and departmental regulations have specific provisions. In order to maintain the unity of the national legal system and also highlight the local characteristics, the legislative focuses on maintaining the unity of the national legal system, implemented the latest requirements for the construction of the rule of law government, refined the latest requirements such as the reform of the administrative approval system, and summarized the refinement of the province's "decentralization service" The experience in reform and other aspects has risen into regulations and regulations. It has also explored some innovative measures within the scope of the upper law and national policy framework.

The regulations have been included in the relevant provisions of the reform of the "decentralization service", clarify the requirements of the reform of the administrative examination and approval service system, and stipulate that administrative examination and approval shall implement the implementation model of "online consultation, online application, online approval, network push, courier delivery", and and and of. Specific requirements have been made for the use of electronic certificates, electronic signing, optimizing the administrative approval process and implementing notification commitments. The regulations also clarify that the administrative organs should implement the disclosure of government affairs and improve the government information disclosure system. It stipulates that the administrative organs will make major administrative decisions. The administrative organs shall be announced to the public. The administrative organs shall implement administrative confirmation, levy, payment, and rewards to the public.

Adhere to the people as the center and safeguard the legitimate rights and interests of the masses

Maintaining the legitimate rights and interests of citizens, legal persons and other organizations is one of the important starting points of this legislation. To this end, the legislation has been relevant. Wang La Sheng introduced that in the principles and requirements of clarifying rights protection, the regulations clearly stipulate that without legitimate procedures, they must not make administrative behaviors that are not good for the parties. Choosing administrative measures or methods should follow the principles that are most conducive to protecting the legitimate rights and interests of the parties; clearly If a non -murmical means can achieve administrative purposes, and administrative compulsory measures should be taken without administrative and compulsory, and administrative compulsory measures shall be carefully decided according to law.

In order to ensure the party's right to know and participate, the regulations stipulate that the administrative procedure of the regulations shall inform the participants and the obligations they have shared, and clarify the situation of the parties' participation and entrusted agent and election representatives to participate in the administrative procedure. Citizens, legal persons, or other organizations have the right to put forward opinions and suggestions on administrative powers to exercise administrative authority in administrative agencies. The administrative organs shall solicit opinions on matters such as national interests and social public interests, and make specific requirements for advice and suggestions and feedback on administrative organs.

In order to safeguard the property rights and interests of the parties, the regulations stipulate that the administrative agency shall be given fair and reasonable compensation for administrative levy. After clarifying the realization of the purpose of the requisition, it shall be returned to the requisitioned property or restored the original state in a timely manner. The administrative organs must not prevent the parties from performing the administrative agreement. Unilateral changes or the termination of the administrative agreement shall promptly inform the parties and explain the reasons in writing, and clarify the channels for the rights of the parties in the right of the person in the default of the administrative organs.

The regulations require that the parties will fully respect the intention of the parties. In other words, administrative guidance shall follow the principle of voluntary voluntary, and the regulations clarify that the administrative organs shall not take the party's disadvantages of administrative measures on the grounds that the parties shall not obey; With the consent of both parties.

Standardize specific administrative actions, improve the administrative system according to law

In addition to abstract administrative behaviors such as the main body of administrative procedures and the formulation of administrative regulatory documents, the regulations also comprehensively regulate specific administrative behaviors such as administrative law enforcement.

Legislative and improved the work mechanism of administrative law enforcement, clearly implemented a comprehensive administrative law enforcement system in the areas of urban management, and relatively centralized administrative penalties. The regulations stipulate that administrative penalties must achieve the entire process and retrospective management, and improve the mechanism of administrative law enforcement and criminal judicial connection mechanism. "In order to improve the efficiency of administrative inspections and prevent too much interference with the counterparty, the administrative organs should be clearly promoted by joint inspections." Wang Lasheng introduced.

In order to enhance the credibility and execution of decision -making, legislation has further regulated the administrative decision -making system. Among them, when the administrative organs make major administrative decisions involving market entrepreneurial economic activities, they should conduct fair competition review; in addition to special circumstances, major administrative decisions should organize public participation, expert demonstration, and risk assessment in accordance with the law; The legitimate review was conducted, and the person in charge of the administrative organ was discussed collectively.

In order to ensure that the administrative standardized documents are legally, reasonable, and practical, the regulations improve the formulation and supervision system of documents, and documents must not be conflicted with laws, regulations, and rules.Without the basis of laws, regulations, and rules, administrative organs shall not formulate standardized documents that reduce the legal rights and interests of citizens, legal persons and other organizations or increase their obligations.The drafting unit must also investigate and demonstrate the necessity, feasibility, and legitimacy of the formulation of administrative regulatory documents.The legislation also improved the restriction and supervision mechanism to promote the transparent operation of administrative power.The regulations require a sound government -level supervision system, strengthen supervision, audit, procuratorial supervision, and clarify specific supervision and inspection methods.If a citizen, legal person, or other organizations find that administrative behavior violates legal authority and procedures, it may apply to the administrative organs to correct the administrative behavior.If the administrative organs find that the administrative behavior is indeed wrong, it should be corrected by itself.If the administrative organs do not corrected, the authority shall be ordered to correct it.

The regulations will be implemented from November 1 this year.

Xinhua Daily · Jiaojiao Reporter Chen Yuefei

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