Current location - Trademark Inquiry Complete Network - Trademark registration - Liaoning Provincial Administrative Law Enforcement Regulations
Liaoning Provincial Administrative Law Enforcement Regulations

Chapter 1 General Provisions Article 1 In order to regulate administrative law enforcement activities, ensure the correct implementation of laws, regulations and rules, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with laws, administrative regulations and relevant provisions of the State Council , this regulation is formulated based on the actual conditions of our province. Article 2 The term “administrative law enforcement” as mentioned in these Regulations refers to the behavior of administrative law enforcement agencies and administrative law enforcement personnel in enforcing laws, regulations and rules in administrative management activities.

Administrative law enforcement agencies refer to administrative agencies that exercise administrative law enforcement powers and organizations with the function of managing public affairs that are granted administrative law enforcement powers by laws and regulations.

Administrative law enforcement personnel refer to staff members who perform administrative law enforcement duties in accordance with the law. Article 3 Administrative law enforcement agencies and their administrative law enforcement personnel within the administrative region of this province must abide by these regulations when engaging in administrative law enforcement activities. Article 4 The provincial, municipal, and county (including county-level cities and districts, the same below) people's governments shall lead the administrative law enforcement work of their affiliated departments and lower-level people's governments.

Provincial, municipal, and county people's government departments lead the administrative law enforcement work of their affiliated agencies, and guide or lead the administrative law enforcement work of subordinate departments in accordance with the provisions of laws and administrative regulations.

The provincial vertically led administrative law enforcement department leads the administrative law enforcement work of lower-level departments in the system. Article 5 The provincial, municipal and county people’s governments are responsible for the implementation of these Regulations. The legal work agencies of the provincial, municipal and county people's governments are responsible for the comprehensive coordination, supervision and guidance of administrative law enforcement. Article 6 Administrative law enforcement agencies and their administrative law enforcement personnel shall adhere to the principles of strict law enforcement, fair law enforcement, and civilized law enforcement during administrative law enforcement activities.

Administrative law enforcement agencies and their administrative law enforcement personnel shall exercise administrative law enforcement powers in accordance with the law within the scope of their powers stipulated in laws, regulations, and rules, and shall be protected by law. No unit or individual may refuse or hinder administrative law enforcement personnel from performing their duties in accordance with the law, nor may they illegally interfere with administrative law enforcement. Article 7 The administrative law enforcement funds of administrative law enforcement agencies shall be guaranteed by the fiscal budget and shall be paid centrally by the national treasury. Article 8: Administrative law enforcement activities are subject to supervision by society and relevant state agencies in accordance with the law. Chapter 2 Administrative Law Enforcement Agencies and Their Administrative Law Enforcement Personnel Article 9 The qualifications of administrative law enforcement subjects of administrative law enforcement departments shall be confirmed by the people's government at the same level in accordance with the law and announced to the public.

The qualifications of administrative law enforcement subjects of the provincial vertically led administrative law enforcement departments shall be confirmed by the Provincial People's Government in accordance with the law and announced to the public. Article 10 When dispatched agencies or agencies of administrative law enforcement agencies engage in administrative law enforcement activities, they shall do so in the name of the administrative law enforcement agency, and the legal consequences arising therefrom shall be borne by the administrative law enforcement agency. Except as otherwise provided by laws and regulations. Article 11 A qualification system for administrative law enforcement personnel shall be implemented. Personnel who have not obtained law enforcement qualifications shall not engage in administrative law enforcement work.

Administrative law enforcement agencies should organize regular training for administrative law enforcement personnel to improve their law enforcement capabilities. Chapter 3 Administrative Law Enforcement Behavior Article 12 Administrative law enforcement agencies and their administrative law enforcement personnel must engage in administrative law enforcement activities within the statutory scope of authority and in accordance with the law. Article 13: The Constitution, laws, regulations and rules are the basis for administrative law enforcement. If local regulations and local government regulations are inconsistent with laws and administrative regulations, laws and administrative regulations shall be the basis for administrative law enforcement. If local government regulations are inconsistent with local regulations, local regulations shall be the basis for administrative law enforcement. Article 14: Without the provisions of laws, regulations and rules, administrative law enforcement agencies shall not make decisions that restrict the legal rights of citizens, legal persons and other organizations or increase the obligations of citizens, legal persons and other organizations. Article 15: When administrative law enforcement agencies exercise discretion, the punishment imposed on the parties shall be commensurate with their faults, and the basis and reasons shall be stated in the administrative decision. Article 16 Administrative law enforcement shall comply with legal procedures. If laws, regulations, and rules do not provide for administrative law enforcement procedures, the relevant administrative law enforcement agencies shall, in accordance with the provisions of relevant laws, regulations, and rules, formulate administrative law enforcement procedures that reflect the requirements of fairness and efficiency. Article 17 If an administrative law enforcement agency has a dispute over jurisdiction, it shall report to the administrative law enforcement agency at the same level as the administrative law enforcement agency at the next higher level to designate jurisdiction. Article 18: Administrative law enforcement agencies shall establish an administrative law enforcement publicity system to publicize the agency's scope of responsibilities, administrative law enforcement basis, administrative law enforcement procedures and related matters to the public.

Article 19 During administrative law enforcement activities, administrative law enforcement personnel shall recuse themselves under any of the following circumstances, and the parties and their legal representatives also have the right to request that they recuse themselves:

(1) A party or party concerned Close relatives;

(2) Having an interest relationship with the person or his close relatives;

(3) Having other relationships with the parties concerned, which may affect fair law enforcement.

The recusal of administrative law enforcement personnel shall be decided by the person in charge of the administrative law enforcement agency; the recusal of the person in charge of the administrative law enforcement agency shall be decided by the people's government at the same level or the superior competent department. Article 20 When administrative law enforcement personnel engage in administrative law enforcement activities, they shall produce their administrative law enforcement certificates and explain the basis and matters. Otherwise, the parties concerned have the right to refuse. Article 21 Administrative law enforcement agencies and their administrative law enforcement personnel shall not engage in the following situations:

(1) Failure to perform statutory duties or exceeding or abusing administrative law enforcement powers;

(2) Violating Legal procedures;

(3) Illegal entrustment of administrative law enforcement;

(4) Brutal and rough law enforcement;

(5) Leaking state secrets, commercial secrets or Personal privacy;

(6) Bend the law for personal gain;

(7) Other behaviors prohibited by laws, regulations and rules.