On April 16, the "Decision of the Beijing Municipal People's Government on Delegating Some Administrative Enforcement Powers to the Subdistrict Offices and Township People's Governments and Implementing Comprehensive Law Enforcement" (hereinafter referred to as the "Decision") was issued at the Window of the Capital.

　　In accordance with the requirements of the "Notice issued by the General Office of the Central Committee of the Communist Party of China and the" Implementation Opinions on Promoting Grassroots Integration Examination and Approval Service Law Enforcement Forces "", we will lead the reform of "street and village whistling and department registration" to deepen party building and promote the extension of administrative law enforcement authority to the grassroots According to relevant laws and regulations, the municipal government decides to delegate some of the administrative punishment powers and administrative coercive powers borne by the relevant departments of the city and district to the subdistrict offices and township people ’s governments, and they shall exercise the relevant administrative inspection powers in accordance with the law. Comprehensive law enforcement.

Decentralized administrative law enforcement authority

　　A total of 431 items were involved in delegating part of the administrative law enforcement authority list to the sub-district offices and township people's governments.

　　The "Decision" pointed out that from July 1, 2020, the following administrative law enforcement powers will be delegated to the subdistrict offices and township people's governments and will be relatively concentrated in their name:

　　● Municipal management, landscaping management, environmental protection management, construction site management, parking lot management, transportation management, food vendor management, etc., which were originally exercised by the urban management law enforcement department, and engaged in tour guides for unlicensed mobile operations, illegal construction, and no tour guide certificate All administrative penalties and administrative coercive rights for activities such as activities.

　　● Some administrative punishment powers and administrative coercive powers in the aspects of city appearance and environmental sanitation management, public utility management, and energy operation management that were originally exercised by urban management law enforcement departments. The administrative inspection power for the protection of oil and gas pipelines is jointly exercised by the urban management law enforcement department, the sub-district offices, and the township people ’s government, and the administrative penalty power is still exercised by the urban management law enforcement department.

　　● Some administrative punishment powers for the prevention of atmospheric and noise pollution that were originally exercised by the ecological environment department.

　　● Some administrative punishment powers and administrative compulsory powers that were originally exercised by the water affairs department for river and lake protection, soil and water conservation, etc.

　　● The administrative punishment power for the prohibition of fishing originally exercised by the agricultural and rural departments.

　　● All administrative punishment powers that were originally exercised by the health department to control smoking and eliminate the four harms.

　　Sub-district offices, township people's governments, and relevant district departments must exercise their administrative law enforcement powers within their respective jurisdictions.

　　If the administrative law enforcement authority delegated to the subdistrict office and the township people's government needs to be adjusted in a specific area, it shall be implemented in accordance with relevant regulations.

　　Sub-district offices and township people's governments that consider the case to be of great complexity or need to avoid it, or are not suitable for jurisdiction at this level, may apply to the district people's government to designate the district law enforcement department that originally delegated authority;

　　If the district people's government believes that the case is of great complexity or that the sub-district office or the township people's government undertakes to influence the fair handling, it may designate the district law enforcement department that originally delegated its authority.

　　In the decentralization and transfer of administrative law enforcement powers, work involving the transfer of powers and handover of cases was completed by the end of June 2020.

　　Due to changes in laws, regulations and rules, it is necessary to change the name, merge the items, and adjust the division of powers in the list of delegated administrative law enforcement powers, and implement the relevant provisions of the dynamic management of the power list. The municipal government will not make another decision.

It is strictly forbidden for law enforcement assistants to independently carry out law enforcement activities

　　The "Decision" makes it clear that the subdistrict and township comprehensive administrative law enforcement teams are administrative law enforcement agencies managed by subdistrict offices and township people's governments, and carry out law enforcement in the name of subdistrict offices and township people's governments.

　　The people's governments in all districts shall timely supplement the strength of the grassroots comprehensive law enforcement teams according to the needs of their work, and give priority to guaranteeing the subdivision offices and township people's governments with vacancies; they must maintain the stability of the grassroots comprehensive law enforcement teams, and it is strictly forbidden to arbitrarily recruit or borrow grassroots law enforcement personnel. In addition to the necessary positions, law enforcement personnel should be arranged as far as possible to engage in law enforcement work. Coordinate and standardize the co-managers and non-staff hires in the grassroots law enforcement team, and strictly prohibit law enforcement assistants from independently carrying out law enforcement activities.

Improve the management system of grassroots comprehensive law enforcement

　　The Municipal Urban Management Law Enforcement Department is responsible for overall guidance and comprehensive coordination of grassroots comprehensive administrative law enforcement work, instructing districts to formulate grassroots law enforcement work processes and standards, uniformly standardizing grassroots law enforcement documents and clothing, signs, equipment, etc., and coordinating relevant departments to carry out grassroots law enforcement training to promote comprehensive law enforcement Platform construction and law enforcement information sharing.

　　The people's governments of all districts shall organize the sub-district offices and township people's governments to implement the administrative law enforcement publicity system, the entire process of law enforcement recording system, the major law enforcement decision legal system review system, and standardize the implementation of the administrative penalty benchmark system; supervise the sub-district offices and township people's governments in strict accordance with the law To perform administrative law enforcement duties and undertake corresponding administrative reconsideration work; guide sub-district offices and township people's governments to do well in the transfer of criminal cases and administrative response.

　　The subdistricts and township judicial offices are responsible for the lawful administration, law enforcement norms and law enforcement supervision of subdistrict offices and township people's governments, and undertake relevant legal work such as administrative response and administrative reconsideration.

Establish a basic coordination and coordination mechanism for law enforcement

　　The people's governments in all districts shall establish administrative law enforcement information sharing, coordination and cooperation mechanisms between sub-district offices, township people's governments, and between sub-district offices, township people's governments and relevant district departments. On the premise of meeting the requirements of confidentiality regulations, the basic information such as the name and address of law enforcement objects, as well as relevant administrative information, administrative confirmation and other management information and industry information such as standards, planning, and norms are shared.

　　The relevant departments of the district should strengthen the business guidance to the sub-district offices and township people's governments, actively assist them in carrying out law enforcement work, and provide corresponding technical support. Relevant district departments or sub-district offices and township people ’s governments shall promptly notify units with jurisdiction when they discover violations that are not under their jurisdiction, and they shall investigate and punish and report the results according to law.

　　Attachment: Delegating a part of the administrative law enforcement authority to the sub-district offices and township people's governments

　　http://www.beijing.gov.cn/zhengce/zhengcefagui/202004/t20200416_1805614.html