Self-examination Report on Administrative Law Enforcement File Evaluation 1
County Legislative Affairs Office:
According to the requirements of the Notice on Carrying out Administrative Law Enforcement File Evaluation by the Legal Affairs Office of Baiyin Municipal People's Government (No.32 [21] of the Municipal Law), our bureau quickly organized personnel to strictly compare the Contents and Standards of Administrative Punishment File Evaluation of Administrative Organs in Gansu Province. Conduct a comprehensive self-examination of the administrative punishment files that have been completed during the period from June 21xx to May 21xx, and now report the self-examination of our bureau as follows:
1. Basic information
During the period from June 21xx to May 21xx, our bureau had no administrative license files, and there were 22 administrative punishment files, including 15 files of land and 7 files of minerals. The land files are: 1. The case of illegal land occupation by Jingtai Ruifeng Industry and Trade Co., Ltd.; 2. Gulang Hongyu Commercial Concrete Co., Ltd. illegally occupied land; 3. The case of illegal land occupation in Yu Sun; 4. The case of land occupation by Kangshun Breeding Professional Cooperative in Jingtai County; 5. The case of illegal land occupation by Jingtai Nuoke Thermal Insulation Building Materials Co., Ltd.; 6. Zhou Bangwu's illegal land occupation case; 7. The case of illegal land occupation by Baiyin Silk Road Yellow River Cultural Heritage Expo City Co., Ltd.; 8. Jingtai County Water Affairs Bureau illegally occupied land; 9. Gansu Luqiao Highway Investment Co., Ltd. illegally occupied land; 11, Gansu Yintai Highway Engineering Construction Management Co., Ltd. illegal land occupation case; 11, Gansu Changrui Xanthoceras sorbifolia Industry Development Co., Ltd. illegally occupied land; 12. The illegal land occupation case of Gansu Hefengyuan Seed Industry Co., Ltd.; 13. The case of land occupation by Huafeng Gypsum Co., Ltd. in Jingtai County; 14. Jingtai Hengfeng Real Estate Development Co., Ltd. illegally occupied land; 15. Jingtai Yuyuan aggregate Co., Ltd. illegally occupied land. The mineral files are: 1. Cross-border mining case of Shunxiang quarry in Zhenglu, Jingtai County; 2. Zhou Fuyou's unlicensed mining case; 3. Tianfu unlicensed mining case; 4. Xu Guohe's case of unlicensed mining; 5. Zhu Shengbo's unlicensed mining case; 6. Wang Dehong's unlicensed mining case; 7. Wu Chengan's unlicensed mining case.
None of the parties to the above files have filed a hearing, administrative reconsideration or administrative litigation. In accordance with the Work Rules for Investigating and Handling Illegal Acts of Land and Resources and the Notice of Gansu Provincial Department of Land and Resources on the Implementation Standards of Administrative Punishment Discretion (No.274 [21xx] of Gansu Provincial Department of Land and Resources), we have achieved clear facts, conclusive evidence, accurate qualitative analysis, correct basis, legal procedures and appropriate punishment.
Second, the main methods
In order to improve the level and ability of the land department to administer according to law, our bureau took this evaluation as an opportunity to do the following work without going through the motions and engaging in formalities:
(1) Strengthen leadership and organize strictly. In order to carry out the self-examination and self-evaluation activities of administrative law enforcement files in a solid and effective way and form a long-term mechanism, our bureau has set up a leading working group for self-examination and self-evaluation of administrative punishment files. Each business unit room is a self-evaluation working group for administrative punishment files, and seriously organizes the evaluation and search of files.
(2) effective measures, pay close attention to implementation. First, organize the study of the standards for the evaluation of administrative punishment files, and understand and master the requirements of the purpose and significance, basic principles, scope and content, evaluation methods and other aspects of the evaluation work; Second, according to the standards, carefully read the administrative punishment files, and review them one by one to find out the problems.
(3) summarize the experience of improving and popularizing. In this evaluation of administrative punishment files, we found out some shortcomings in administrative punishment in strict accordance with the "Regulations on the Investigation of Illegal Acts of Land and Resources", and at the same time, we also found some good experiences in the management of administrative punishment files. We will exchange and learn the existing problems and summarized experience among the stock rooms, and ask them to quickly grasp the rectification according to the problems and the quality according to the experience.
Third, the shortcomings
Although we have done some work in the management of administrative punishment files and achieved certain results, there are still some shortcomings, such as the alternation of old and new case handlers, the complicated investigation process of cases and the lack of experience of individual case handlers. In view of the existing problems, we will further improve the learning system and strengthen the professional training for law enforcement and supervision staff. It is necessary to adopt vivid and effective ways such as case-telling, simulation of handling cases, and closely combine the study of laws and regulations with the improvement of handling cases, so as to effectively improve the level of administrative law enforcement and the quality of administrative punishment files.
self-examination report of administrative law enforcement case file evaluation 2
according to the requirements of the notice of the municipal urban management law enforcement bureau on printing and distributing the implementation plan of Huangshan urban management law enforcement system for 21xx, in order to further strengthen law enforcement supervision, standardize administrative law enforcement behavior, improve the quality of handling cases, enhance the administrative ability and level of urban management departments according to law, and make efforts to promote the reform of urban management law enforcement system, our bureau has imposed administrative penalties and administrative penalties for the period from July 1 to 21xx according to general procedures. The report is as follows:
1. Basic information of the case
From July 1 to xxx, our bureau handled 6 cases of general administrative punishment, including 1 cases of random dumping of construction waste, 1 cases of disorderly posting of hanging publicity materials, 1 cases of leakage caused by transportation of bulk goods without coverage, and 3 cases of setting up stalls in urban public venues. Six people were warned and punished, and six illegal acts were ordered to be rectified, with a total penalty of RMB 1,611.
from July 1 to xxx, 21xx, our bureau * * * handled 4 cases of general administrative license files, including 4 cases of changing the advertising license category. That is, 733 cases were handled, including 471 promotions and 242 door strokes; There are 21 large billboard replacement pictures.
from July 1 to xxx, 21xx, our bureau handled 1 administrative enforcement cases.
II. Self-inspection of files
Our bureau strictly abides by the 32 "power lists" approved by the district government, strictly controls the "responsibility lists" for accountability, strictly follows the "flow chart" procedures, and strictly follows the list. If there is no power outside the list, the authority must be responsible. It has served the people and the people, and the law enforcement is strict and fair. All files should be legal in subject, clear in facts, conclusive in evidence, legal in procedure, accurate in characterization, appropriate in punishment and complete in procedures. No statement, no defense, no administrative reconsideration was rejected, and no administrative lawsuit was lost.
(1) Administrative punishment
Generally speaking, the administrative punishment cases investigated by our bureau have the correct subject of punishment, the correct basis of administrative punishment, standardized procedures, accurate types of punishment and applicable legal basis, appropriate punishment range, and standardized file making and filing. The amount of administrative punishment is consistent with the actual financial amount turned over, and there is no phenomenon of interception, private sharing or disguised private sharing of fines and confiscations. All the law enforcement officers handling the case are certified to work and show the law enforcement.
(II) Administrative license
From the situation of self-examination of files, it is handled in strict accordance with legal procedures such as acceptance, notification, investigation, decision and delivery. The service consciousness and one-time notification procedure of law enforcement officers in our bureau have been obviously enhanced, and the work level of legal license has also been greatly improved. The subject of administrative license is legal, the basis of applicable laws and regulations is accurate, the procedure is due, and the administrative service is efficient, timely and thoughtful, so as to achieve all-round service.
III. Main measures
Since the beginning of this year, our bureau has taken the opportunity of "creating a city" and "global environmental improvement", made full use of the "721" working method, and continued to carry out special rectification actions. Every Tuesday, the overall cadres went into battle, and based on the feedback from the supervision of the higher authorities, we changed from establishing a bank to grasping the hand, and rectified more than 511 problems in the supervision list and more than 8,111 problems in daily rectification.
(1) Strengthen publicity and smooth the mechanism of mass participation
Attach great importance to the guidance and cultivation of ideology, publicize all kinds of laws, regulations and rules in various forms and from a wide angle, and strive to enhance the awareness of all citizens to participate in urban management. * * * Printed and distributed more than 3,111 copies of "A Letter to Citizens' Friends" and "Proposal on Standardizing Orderly Parking of Non-motor Vehicles in Front of Storefronts", dispatched more than 51 publicity vehicles, posted more than 411 copies of "Warm Tips for Non-motor Vehicles" and produced more than 511 square meters of public service advertisements, which effectively improved citizens' conscious awareness of supporting and participating in urban management.
(II) Improve measures to continuously improve the quality of the city appearance and environment
In view of the weak links in the current urban management, the Work Plan for Four Special Actions for Renovating the City Appearance and Environment in Huizhou District is formulated, and the special rectification actions of four special actions, namely, the rectification of out-of-store operations and mobile stalls, the regulation of non-motor vehicles' parking, the regulation of spilling and dripping during vehicle transportation, the regulation of wheel soil and the regulation of construction waste, are vigorously carried out to promote the center.
1. Special rectification of out-of-store operation and mobile stalls. In accordance with the requirements that main roads are strictly prohibited, secondary roads are strictly controlled, and back streets and alleys are strictly controlled, efforts are made to standardize outdoor business practices. Since the beginning of this year, for 12 primary and secondary trunk roads such as Huangshan Road, Yongjia Avenue and Yingbin Avenue, our bureau has successively carried out more than 31 special rectification actions, dispatched more than 611 law enforcement officers, investigated and persuaded more than 21xx cases of occupying roads and mobile stalls, and the appearance of the city has been greatly improved. While intensifying the rectification, our bureau has also designated three temporary melon and fruit sales points in appropriate areas of the city based on the principle of unblocking and treating both the symptoms and the root causes, so as to alleviate all kinds of city appearance management problems brought by seasonal fruit flow sales in our district.
2. Standardized parking and rectification of non-motor vehicles. In order to create a clean, orderly and convenient traffic environment, timely publicity and guidance, more than 3,111 copies of the Proposal on Standardizing the Orderly Parking of Non-motorized Vehicles in front of Storefronts were given to the general public, and more than 41 new non-motorized parking lines were newly drawn and set up to guide the citizens to park their non-motorized vehicles online in an orderly manner, effectively regulating the parking order of non-motorized vehicles in urban areas and further enhancing the awareness of the general public to regulate parking.
3. Special actions for remediation of spilling, dripping and soil on wheels during vehicle transportation. The first is to strictly control the examination and approval. Whether the site implements the hardening regulations of the entrance and exit, whether there are special cleaning personnel, whether there is a site enclosure, and whether it is equipped with dust suppression and vehicle cleaning equipment is a necessary condition for issuing licenses; The second is to strengthen inspections. It is a hardware requirement that the vehicles on the construction site go in and out without mud, and the transport vehicles cover the shipment, and they are not scattered or dumped indiscriminately. If any violation is found, it will be immediately investigated and reported on the spot; The third is to focus on investigation. Focus on investigating and dealing with the illegal acts of muck companies, such as "setting up and transporting muck without approval, leaving the car without a net, and not transporting it according to time and route". At the same time, in conjunction with the district transportation bureau, the district traffic police brigade and other relevant functional departments, we will adopt a regular or irregular centralized rectification method, focusing on cracking down on ultra-high overload, spilling and leakage, and comprehensively improving work efficiency. Up to now, * * * has investigated and dealt with 8 illegal vehicles.
4. Standardized disposal of construction waste. First, promote through WeChat, Weibo and other multimedia methods; Second, actively mobilize relevant departments and local towns and villages to clean up the existing construction waste in time; The third is to carry out law enforcement inspections at night, strengthen education and correction of irregularities such as dumping construction waste and decoration waste on battery tricycles, and investigate and deal with more than 11 violations; The fourth is to set up a report telephone and warning signs, according to the supervision and reporting, to prevent the phenomenon of construction waste dumping and misplacing.
(3) Strengthen the work of "three guarantees in front of the door" to help improve the level of urban management
Since the beginning of this year, our bureau has signed more than 1,711 copies of "Three Guarantees in front of the door". According to the actual situation of store operation, we will constantly improve the Basic Account of Three Guarantees Responsibility Unit in front of the store, and a special person will be responsible for checking, checking, dynamic adjustment and timely appraisal every month. For those who have reached the excellent score above, they will be ranked according to the score, from high score to low score, and will be commended by 11% of the total number of shops, and awarded the "outstanding unit in front of the door for three months" with a flowing red flag, and rewarded with RMB 51 yuan. Up to now, * * * has awarded RMB 21,351. For shops that violate laws and regulations, they will be warned and interviewed for the first time, issued a notice of correction within a time limit for the second time, and punished according to law for the third time.
(4) The "Digital Urban Management Information System" has achieved remarkable results
In April this year, the Digital Urban Management Command Center of our district was incorporated into the "Huangshan Digital Urban Management Information System" as a secondary command unit. From the trial operation to the end of August, 1678 items of various city appearance and environmental sanitation problems have been received. Among them, the urban management department solved 1425 cases, accounting for 85%, and other departments solved 198 cases, accounting for 15%. Comprehensively improve the scientific and intelligent level of urban management in our district, and achieve the goals of strong supervision, smooth command, proper management and fast implementation.
IV. Problems
(1) Administrative Punishment Files
The transcripts of on-site inspection and inquiry of some files were not dated when the parties signed them, which reduced the validity of the evidence.
(II) Administrative license files
When law enforcement officers investigate and collect evidence, the photocopies required by the parties are not stamped or signed for confirmation, which reduces the ability to prove evidence.
(3) The overall level of administrative law enforcement personnel is not high, and the legal knowledge learning and professional ability need to be strengthened
There is a serious shortage of law enforcement personnel in the post, and the number of temporary workers is twice as large as that in the post. At the same time, the recruited personnel generally have low academic qualifications, often have a little knowledge of urban management and lack of legal professionals. Although the bureau attaches great importance to strengthening the quality education and policy study of team members, many team members think that they are "working" and have no sense of identity with urban management and belonging to the unit.
v. improvement measures
in view of the shortcomings found by our self-inspection, we will focus on rectification from the following aspects.
(1) Strengthen training to improve the ability of law enforcement personnel to handle cases
Intensify professional training for administrative law enforcement personnel, and improve their skills of understanding and applying laws, regulations and rules, investigating and collecting evidence for administrative violations, analyzing and judging, and making and applying administrative law enforcement documents.
(2) Carry out "explaining the law by case" and strengthen demonstration and guidance
Make typical cases of difficult problems and major complex cases in law enforcement practice and completed cases, publicize and guide them in law enforcement training, especially for matters that law enforcement personnel are easy to ignore, and always remind law enforcement personnel to pay attention to grasping details and standardizing law enforcement.
VI. Plan for Law Enforcement and Handling Cases after the Reform of Urban Management Law Enforcement System
Recently, the Implementation Plan for Deepening the Reform of Urban Law Enforcement System and Improving Urban Management in our district has been issued, and 91 items (including sub-items) of administrative power in six departments of district housing construction, planning, housing management, environmental protection, public security and water conservancy will be handed over to our bureau.
the first is to implement the list of powers and responsibilities. Dynamically adjust the power list and the responsibility list in time and publish them to the public. The second is to standardize law enforcement behavior. Improve the law enforcement procedures, standardize the law enforcement process, improve the applicable rules of administrative punishment and the discretionary benchmark system, the record system of the whole process of law enforcement, implement the evaluation system of law enforcement cases and the law enforcement publicity system, strictly implement the legal review system of major law enforcement decisions, and form a complete law enforcement standard system. The third is to increase law enforcement supervision. Establish and improve a clear regulatory responsibility system, fully implement the administrative law enforcement responsibility system, and take the initiative to accept legal supervision, administrative supervision and social supervision. Strengthen urban management law enforcement public opinion monitoring, judgment and early warning.