441.Rules of Shenzhen Municipality on the Administrative Electronic Supervision 深圳市行政电子监察工作规定

发布时间:2017-07-20来源:市法制办字体:【 【内容纠错】

  Rules of Shenzhen Municipality on the Administrative Electronic Supervision

  (Decree No. 250 of Shenzhen Municipal People's Government ,Promulgated on June 9 th , 2013)

  Article 1 In order to standardize the administrative electronic supervision, strengthen the administrative supervision, promote the building of a clean government, and improve the administrative management, these rules are formulated in accordance with the Law of the People’s Republic of China on Administrative Supervision and the provisions of relevant laws, regulations, rules and as well as the actual circumstances.

  Article 2 These rules shall apply to the activities that the supervisory departments of Shenzhen supervise the performance of duties of administrative departments and their personnel according to the provided supervision regulations and supervision point through administrative electronic supervision system (hereinafter referred to as “electronic supervision”).

  The electronic supervision system mentioned in these rules is an online working platform, on which the supervisory departments collect and analyse administrative matters processing data by using modern information technology to supervise the performance of duties of administrative departments and their personnel.

  Article 3 The electronic supervision shall follow the principles of combining electronic monitoring and on-site supervision,error correction and systems construction.

  Article 4 The municipal supervisory organ shall coordinate and direct the electronic supervision of Shenzhen.

  Each district supervisory organ shall be responsible for the electronic supervisory within it’s jurisdiction area .

  The supervisory organ shall designate a specialized organ and recruit full-time personnel to implement the electronic supervision.

  Article 5 The supervisory organs shall implement electronic supervision on administrative matters as follows according to law:

  (1)the execution of administrative examination and approval procedures and catalogs;

  (2)implementation of administrative law-enforcement;

  (3)implementation of the publication of government information and sharing of information resources;

  (4)management and use of fiscal funds;

  (5)implementation of governmental investment projects, bidding for the construction projects, assignment of land-use right, government procurement;

  (6)Other administrative matters on which shall be implemented electronic supervision.

  Article 6 The building of electronic supervision system shall be integrated into the E-government building plan of Shenzhen to meet the requirements of planning as a whole, resource sharing, information disclosure and safety guaranteeing.

  Article 7 The municipal supervisory organ shall coordinate the building of electronic supervision system. The departments of development and reform, information, finance, audit, secret protection shall be responsible for the relevant works of electronic supervision system according to their respective functions and duties.

  Article 8 The supervisory organs may build the electronic supervision system by following ways:

  (1)directly connecting the electronic supervision system with the administrative matters business information systems of administrative organs, or connecting via the municipal e-government information resources sharing and interchanging platform;

  (2)setting up supervisory function module in the administrative matters business information systems of administrative organs;

  (3)other ways according to the development of modern information technology and the need of the administrative supervision.

  (4)The supervisory organs shall provide necessary technical support to complete the technical interconnection.

  Article 9 Where there is a need to build a electronic supervision system for the administrative matters (hereinafter referred to as "electronic supervision matters") on which the supervisory organs prepare to implement electronic supervision, the building shall be implemented according to the relevant provisions of Shenzhen municipality on governmental investment projects administration.

  The administrative organs shall arrange the operation and management systems of electronic supervision matters, formulate the power directory according to law, specify the terms of implementation and provide the operation procedure for the electronic supervision matters that will be under the electronic supervision pursuant to the requirements of legalizing and normalizing the administrative matters. Where the electronic supervisory matters involve several administrative departments, the host department shall be responsible for the formulating jointly with other departments concerned.

  The arrangement and normalization of electronic supervision matters and their operation and management systems will be the major content of electronic supervision project feasibility research.

  Article 10 The supervisory organs shall establish the rules on electronic supervision according to the operation and management systems of administrative matters arranged by administrative organs, and set electronic supervision points according to the power, term, method, procedure, time limit of administrative matters operation and other factors of duties.

  Article 11 The administrative organs shall implement electronic supervision on the relevant administrative matters in accordance with the requirements of building electronic supervision systems; complete the technical interconnection of the administrative matters business information system and the electronic supervision system; or provide cooperation in building of supervisory function module.

  Article 12 The administrative organ’s business information system of administrative matters shall transfer timely, truly, intact, accurately the processing data of administrative matters to the electronic supervision system.

  Article 13 The supervisory organs shall establish and improve the daily management systems of electronic supervision, strengthen supervision and inspection, maintenance of system operation, data management and information security guaranteeing.

  Article 14 Where an administrative matter, on which electronic supervision is implemented, has not yet been completed and it is approaching the time limit, the supervisory organ may give a reminder to the relevant administrative organ and it ’s personnel through electronic supervision system.

  Any administrative organ and it ’s personnel may not shirk responsibility with the excuse of failing to receive the reminder.

  Article 15 Where there is violation detected by electronic supervision system, the supervisory organ shall directly provide feedback to the relevant administrative organ through electronic supervision system and ask the relevant administrative organ to explain, or order it to correct.

  Article 16 The supervisory organ shall conduct inspection under following circumstances during the administrative electronic supervision:

  (1)electronic supervision system detects a suspect violation automatically;

  (2)electronic supervision system detects a suspect violation through video monitoring on the business point of the administrative organ;

  (3)a suspect violation is discovered during on-site supervision on electronic supervision matters;

  (4)any citizen, legal person or other organization reports or complains through electronic supervision system;

  (5)other circumstances in need of inspection.

  A violation referred to in the preceding paragraph shall mean the violation of laws, regulations, rules, normative documents and other relevant provisions, which shall be investigated for administrative liability of misbehavior.

  Article 17 In inspection, the supervisory organ is authorized to take following measures:

  (1)asking the administrative organ and it ’s personnel to provide relevant documents, data, financial records and other materials for consulting or taking a copy;

  (2)asking the administrative organ and it ’s personnel to explain to the problem(s) about the electronic supervision matter(s).

  Article 18 The supervisory organ shall finish an inspection within 10 working days. In complicated cases, the director of the supervisory organ may approve to prolong 10 working days.

  Article 19 The supervisory organ shall provide feedback of the inspection result to the administrative organ concerned in time. Where the result was considered as a violation, the feedback shall be in written. Where the administrative organ concerned has any objection to the inspection result, it may submit a written objection within 5 working days from the date of receipt of the inspection result, and the supervisory organ shall review and provide a written reply within 10 working days from the date of receipt of the objection .

  Article 20 Where the violation of an administrative organ is confirmed by the inspection, the supervisory organ shall order the administrative organ to make correction within a time limit, and reduce it ’s performance score according to the rules of performance evaluation. Where the administrative liability needs to be investigated, the procedures in accordance with the provisions of relevant laws, regulations and rules shall be abide by; if the offense is?suspected?of committing a crime, the suspect shall be transferred to the judicial organs.

  Article 21 The supervisory organ shall make supervisory suggestion(s) to the administrative organ that needs to improve the systems of clean and diligent government during electronic supervision. Should the administrative organ has no reasonable grounds, it shall accept the suggestion(s) and give feedback of correction.

  Article 22 The supervisory organ may evaluate the performance of an administrative organ for handling the electronic supervision matters, and the evaluation result will be important content of government performance management.

  Article 23 The supervisory organ shall report to the government at corresponding level about the electronic supervision, analyze the operation of supervision matters synthetically, put forward countermeasures and suggestions to improve the administrative management and promote the building of a clean government.

  Article 24 The supervisory organ shall order an administrative organ and it ’s personnel found in any one of the following circumstances to make correction within a time limit and reduce it ’s performance score according to the relevant rules of performance evaluation; should no correction is made within the time limit, administrative liability for which shall be investigated according to law:

  (1)failing to put administrative matters into electronic supervision according to these rules;

  (2)failing to record completely the processing data of matters on which electronic supervision is implemented;

  (3)failing to transfer real-time processing data of matters on which electronic supervision is implemented;

  (4)failing to cooperate in building of electronic supervision system according to these rules;

  (5)failing to cooperate with the supervisory organ in inspection;

  (6)other activities in violation of these rules.

  Article 25 The supervisory organ and it ’s personnel shall be investigated for administrative liability according to law in case of failing to perform duties or performing duties incorrectly in carrying out?electronic supervision. If the offense is?suspected?of committing a crime, the suspect shall be transferred to judicial organs according to law.

  Article 26 These rules shall apply to the electronic supervision on organizations empowered by laws or regulations and organizations authorized lawfully by administrative organs to take charge of the administration of public affairs and their personnel engaging in public service.

  Article 27 These rules shall take effect as of July 1, 2013.