The term "administrative power" as mentioned in these Provisions refers to the administrative power exercised by an administrative organ directly facing citizens, legal persons and other organizations according to law, including administrative licensing, administrative punishment, administrative coercion, administrative confirmation, administrative payment, administrative reward, administrative collection, administrative adjudication, administrative inspection and other powers. Article 4 In implementing administrative power, administrative organs should follow the principles of statutory functions and powers, simple administration and decentralization, openness and transparency, convenience and high efficiency, and establish a government functional system with clear boundaries, reasonable division of labor, consistent powers and responsibilities, efficient operation and legal protection, and a scientific and effective power supervision, restriction and coordination mechanism. Article 5 Administrative organs at all levels shall be responsible for sorting out the administrative powers and responsibilities of their own departments according to law, drawing up a flow chart for adjusting the operation of administrative powers, applying to the competent department of development and reform for dynamic adjustment of the relevant contents of the power list in accordance with the procedures prescribed in these Measures, and publishing the power list of their own departments.
City, county (District) department in charge of examination and reform is responsible for the organization and cleaning, dynamic adjustment, supervision and inspection, performance appraisal and other work of administrative power and corresponding responsibilities at the corresponding level.
The legal institution of the government is responsible for reviewing the legality of administrative power matters and corresponding responsibility matters, and supervising the administrative organs to implement the will of administrative power.
The administrative supervision organ is responsible for investigating the acts of staff members who exercise administrative power in violation of relevant regulations, and shall be investigated for administrative responsibility according to law.
* * * The administrative agency of the administrative service center is responsible for the synchronous adjustment and publicity of the administrative power stationed in the center, the organization and coordination of handling matters, supervision and management and guidance services, and the management training and assessment of the staff stationed in the window. Article 6 The municipal and county (district) governments shall organize the departments of development and reform, legal system, development and reform, finance and supervision to establish and improve the joint meeting system, and coordinate and solve major problems in the management of administrative power. Article 7 An administrative organ shall, in accordance with laws, regulations and rules, sort out the list of its existing administrative powers and responsibilities, including: project code, project name, project category, implementation subject, undertaking institution, implementation basis, implementation object, processing time limit, charging basis and standard, accountability, etc. Article 8 An administrative organ shall, according to the needs of decentralization and the transformation of government functions, comprehensively clean up the existing administrative powers and responsibilities in accordance with the provisions of Articles 18, 19 and 20 of these Provisions, put forward opinions on adding, canceling, delegating and adjusting administrative powers, form a draft list of administrative powers and responsibilities, and report it to the competent department for review and reform after evaluation. Article 9 The competent department of examination and reform shall, jointly with the legal institution of the government, examine the list of powers and responsibilities of administrative organs, and report it to the executive meeting of the government at the corresponding level for deliberation and confirmation, so as to form the list of powers and responsibilities of administrative organs. Administrative organs shall not exercise administrative power matters that are not included in the list.
The vertical management department is located in the local institutions with administrative functions and powers, and the list of powers and responsibilities formed by the higher authorities is included in the local government management. Article 10 An administrative organ shall, in accordance with the requirements of standardizing the operation of administrative power, facilitating the people and being efficient, formulate a flow chart of the operation of administrative power and public services.
Involving more than two administrative organs of the government at the same level, it should be clear about the order of the exercise of administrative power; Involving provincial, city and county (district) level administrative organs * * * with the implementation, should determine the relevant departments at all levels to handle procedures, audit requirements, processing time limit and mutual convergence and other content. Article 11 When an administrative organ implements an administrative license, it requires the applicant to entrust enterprises, institutions, social organizations and other institutions (hereinafter referred to as intermediary services) to provide various paid services (hereinafter referred to as intermediary services) such as technical examination, demonstration, evaluation, inspection, testing, appraisal, evaluation, certification, consultation and testing as the acceptance conditions of the administrative license, which must be decided by laws, regulations, rules and the State Council. Twelfth development and reform departments shall, in conjunction with the legal system, development and reform, civil affairs, finance and other departments, comprehensively clean up the intermediary services involved in the examination and approval of administrative licenses by administrative organs. The administrative examination and approval items cancelled by the administrative organ shall not be turned into intermediary services.
Administrative organs shall not set up intermediary services for matters that can be solved by soliciting opinions from relevant departments and strengthening post-event supervision, as well as matters that applicants can complete by themselves as required. If it is really necessary to set up an intermediary service institution, the administrative organ shall put forward suggestions for formulating or amending local regulations and government rules in accordance with legislative procedures, and the legal department of the municipal government shall, in conjunction with the departments of preparation, development and reform, civil affairs and finance, examine and demonstrate the necessity, legality and rationality before setting up it.
Intermediary services that are not included in the flow chart of administrative power operation shall not be accepted by administrative organs as conditions for administrative examination and approval. The administrative organ shall not require the applicant to entrust an intermediary service agency to provide intermediary services or require the applicant to provide relevant intermediary service materials for any reason.
Where an administrative organ entrusts relevant institutions to provide technical services in accordance with laws, regulations, rules, the State Council decisions and other relevant provisions, it shall be included in the operation procedure of administrative power, entrusted by the administrative organ, and the service fee shall be paid by the administrative organ and included in the departmental budget. The obligations of the applicant shall not be increased or disguised.