China News Service, Taiyuan, April 29 (Reporter Li Xinsuo) "If the law enforcement certificate is not presented, the parties have the right to refuse." 'It can be done without prohibition'".
The General Office of the Shanxi Provincial Government recently issued a document to "establish rules" for the openness of government affairs.
On the 27th, the General Office of the Shanxi Provincial Government issued the "Notice of the General Office of the Shanxi Provincial People's Government on Printing and Distributing the Key Points of the Work of Open Government Affairs in Shanxi Province in 2022" (referred to as the "Notice"), with a view to using open government affairs for the construction of a rule of law government, optimization of the business environment, Lay the foundation for the reform of "delegating power, delegating power and serving".
Only when the decrees are unified and authoritative can they win the trust of others.
The "Notice" requires that policy enforcement agencies and other social organizations and individuals should neither discount nor arbitrarily add codes in the implementation of policies, "let alone introduce 'local policies' that go against the original intention of the policy or go beyond the policy framework."
Administrative organs at all levels should grasp and inform the society of the implementation of policies in the areas and fields under their jurisdiction in a timely manner, and correct the phenomenon of “layers of shirk” or “layers of overweight” in the implementation of policies to maintain the unity of government orders.
In response to the "sunshine law enforcement" that the public is concerned about, the "Notice" requires that administrative penalties for illegal acts must be announced;
In addition, administrative law enforcement personnel must take the initiative to present the "People's Republic of China Administrative Law Enforcement Certificate" or special law enforcement post certificate during law enforcement activities, and take the initiative to perform the statutory duty of notification.
If it is not presented, the parties have the right to refuse.
Administrative law enforcement activities that are not involving state secrets, business secrets or personal privacy shall not forcibly interfere with public filming.
Regarding the traffic "secret law enforcement" in some places, the "Notice" requires the Shanxi Provincial Public Security Bureau to take the lead and guide the cities to complete the inspection and cleaning of electronic monitoring equipment that collects and fixes illegal facts by the end of November.
The "Notice" clarifies that the electronic monitoring equipment that has been put into use has no warning signs or signs that are not obvious, the installation location has not been centrally announced on the government website, and the parties have not been informed of the illegal facts in a timely manner. The phenomena such as "massive fines" and "secret law enforcement" occur; cities and counties should establish a working mechanism to regularly disclose to the public the high traffic violations in their administrative areas, the ranking of illegal points, and road traffic congestion, to prevent "custody by fines" "Just fine and don't care".
In recent years, improving the business environment and creating an atmosphere of "responding to every response and not disturbing everything" for market players have become the soft power of investment promotion in various places.
In this regard, the "Notice" clarifies that the relevant departments of the province, city and county should fully implement the various disclosure system regulations of "double random and one disclosure" supervision by the departments in the field of market supervision.
Except as clearly stipulated in laws and regulations, random inspection items (including a list of random spot inspection items), spot inspection plans, and spot inspection results must be disclosed to the public in a timely, accurate and standardized manner through government websites and related platforms, and the inspection objects should be disclosed in an open and fair manner. Randomly select inspection objects from the directory database to achieve sunshine supervision and eliminate willful law enforcement.
Regarding the protection of personal information, the "Notice" clarifies that when an administrative organ collects personal information in the process of performing its administrative functions, it shall publish the personal information processing rules on the government website, and express the purpose, method and scope of processing; obligation.
For the exposure of administrative violations, unless there are special provisions in the law, sensitive personal information shall not be exposed.
If it is a statutory public matter or it is really necessary to disclose it according to law, it should be de-identified (including private license plate numbers).
In terms of government services, the "Notice" emphasizes the strict implementation of the unified national negative list for market access, and the establishment of public complaint reporting and handling feedback channels on the government website for violations and disguised licensing behaviors, so as to truly realize that market entities "can do what is not prohibited by law". .
All government service places and windows that require on-site processing, confirmation or reporting materials, and those that do not implement the "numbering announcement system" should be implemented from October. "And other issues.
In addition, government portals at all levels should promptly publish and dynamically adjust the list of responsibilities and responsibilities of government departments and lists and directories of other matters.
The list or catalogue of public matters shall be marked item by item with the specific clauses on which the laws, regulations or policies are based.
Those without basis or beyond the legal authority shall not enter the list or directory.