Notice of the Ministry of Housing and Urban and Rural Development on Strict Regulation of Urban Management Law Enforcement Conduct and Strict Discipline in Law Enforcement

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Title: Notice of the Ministry of Housing and Urban and Rural Development on Strict Regulation of  Urban Management Law Enforcement Conduct and Strict Discipline in Law Enforcement 
Promulgating Entities:Ministry of Housing and Urban Rural Development
Reference number: Janjian [2018] No. 23
Promulgation Date: 2018-2-11
Expiration date: 
Source of text: http://www.mohurd.gov.cn/wjfb/201802/t20180212_235148.html

To all provincial and autonomous region offices of housing and rural urban development, the Beijing Municipal Bureau of City Administration and Law Enforcement, the Tianjin Municipal Urban Appearance and Landscaping Administration Commission, the Shanghai Municipal Commission on Housing and Urban Rural Development and Management, the Chongqing Municipal Urban Administration Commission, and the Xinjiang Production and Construction Corps Construction Bureau:

Urban Management Law Enforcement matters concern the public's vital interests, concern the healthy and orderly operation of cities, and concern the image and credibility of the Party and government. Since the issuance of the "Central Committee of the Communist Party of China and the State Council's Guiding Opinions on Thoroughly Advancing Reforms of Urban Law Enforcement Systems and Improving Urban Management Work" all levels of Urban Management Law Enforcement department and Urban Management Law Enforcement personnel have earnestly implemented the Party Central Committee and State Council's decisions and deployment, vigorously advancing strictly-regulated, just, and civilized law enforcement, with noticeable effect. However, we must soberly observe that irregular and uncivilized law enforcement activities still occur from time to time; the problem of simple, crude, and arbitrary law enforcement has yet to be fundamentally resolved. So as to strictly regulate Urban Management Law Enforcement conduct, have strictly discipline in law enforcement, and truly protect the public's lawful rights and interests, notice is hereby given on the following relevant matters:

I. Firmly establish and practice the people-centered thinking on development. The people are the cities' masters. Being centered on people is an important part of Xi Jinping's Socialism with Chinese characteristics in the new era, and is the fundamental requirement for Urban Management Law Enforcement work. The Urban Management Law Enforcement departments at all levels should strengthen the education of urban management law enforcement personnel, organize the urban management law enforcement officers to thoroughly study and implement the spirit of the 19th Party Congress, and conscientiously use the ideology Xi Jinping's socialism with Chinese characteristics in a new era to arm their minds and guide practice. The people-centered ideology of development should be firmly established, keeping in mind the goal of wholeheartedly serving the people, making realization and preservation of the basic interests of the greatest swath of the public the starting point and foothold for Urban Management Law Enforcement work. The people-centered ideology of development should be truly implemented, respecting the targets of law enforcement, communicating more, positively persuading, and prudently punishing, resolutely stopping arbitrary and improper law enforcement, and safeguarding the lawful rights and interests of the targets of law enforcement. Before Chinese New Year, the provincial-level department in charge of urban management should urge and guide the municipal and county Urban Management Law Enforcement departments to carry out an education for all Urban Management law enforcement personnel on the themes of strengthening the awareness of goals and strictly-regulated, just, and civilized law enforcement. A long-term regular education system is to be built on this foundation.

II. Strictly regulate Urban Management Law Enforcement conduct. Provincial-level departments in charge of urban management should urge and guide the municipal and county Urban Management Law Enforcement departments to strengthen regulation of law enforcement, and further advance strictly-regulated, just, and civilized law enforcement. Formulate urban management law enforcement regulations, clarifying the legal basis, enforcement standards, and enforcement procedures for all types of law enforcement matters, so that the specific law enforcement work has rules to follow. Urban management law enforcement personnel should strictly follow legally-prescribed authority and procedures to carry out law enforcement work, wear consistent uniforms in accordance with regulations, wear signs and insignia, and actively present law enforcement certificates so that law enforcement methods, measures, and behaviors are appropriate. Implement a system of administrative law enforcement responsibility, establish and strictly carry out systems for correcting administrative error and pursuing responsibility. Fully implement systems for the recording of the complete law enforcement process, so that the entire process is traceable, and can be retrospectively managed and restricted.

III. Have Stern Discipline for Urban Management Law Enforcement Conduct. Urban management law enforcement personnel should strictly abide by the laws, regulations and discipline provisions such as the "Administrative Punishments Law" and the "Urban Administration Measures"; unlicensed law enforcement work is strictly prohibited; the intentional damage, illegal sealing, seizure or disposal of targets' belongings and random fining, is strictly forbidden; it is forbidden to take, demand, request or consume benefits; private use of law enforcement vehicles is forbidden; threatening, berating, or striking targets is strictly prohibited; harboring and sheltering illegal acts and violations is strictly prohibited. Auxiliary personnel must not engage in specific administrative law enforcement work and can only engage in publicity and education, patrols, information collection, discouragement of unlawful conduct, and other auxilliary matters. Establish systems of law enforcement discipline oversight, and where conduct in violation of laws and discipline is discovered, lawfully pursue the responsibility of directly responsible personnel and those with leadership responsibility. Those who already do not meet the requirements for being Urban Management Law Enforcement personnel and aren't suited to continue working in Urban Management Law Enforcement departments, should be dismissed or transferred in accordance with relevant provisions.

IV. Truly Improve Urban Management Law Enforcement Methods. Urban management law enforcement departments and law enforcement personnel at all levels should give prominence to service first, and adhere to the "721 Work Rule", resolving 70% of problems through services, resolving 20% of problems through management measures, and resolving 10% of problems through law enforcement measures. Comprehensively use administrative guidance, administrative incentives, administrative support, administrative mediation and other non-compulsory methods to guide the parties to comply with laws and regulations, and to resolve conflicts and disputes. The implementation of administrative penalties should be by punishment decisions made in accordance with law and based on the nature and harms of the illegal acts, employing corrective methods such as education, persuasion, and relief. Establish mechanisms for risk assessment in Urban Management Law Enforcement, and where law enforcement conflicts may easily occur should prepare risk prevention and control plans, and properly organize implementation. Make full use of digital city management platform to explore the implementation of off-site law enforcement. Establish emergency response systems, and when emergency law enforcement incidents occur should immediately report to the local government and the department at the level above, quickly investigating and verifying circumstances, and handling them in accordance with law and regulations, and promptly, proactively, and objectively releasing information to the public.

V. Strengthen the construction of urban management law enforcement teams. All levels of Urban Management Law Enforcement department should resolutely implement the requirement of strict party governance, strengthening the political establishment, organizational establishment, work-style establishment, and discipline establishment, and create an Urban Management Law Enforcement team that is politically firm, has positive work-styles, strict discipline, and is clean and upright. Periodically organize and carry our training for Urban Management Law Enforcement personnel, fully using positive and negative case examples, strengthen legal awareness, enrich specialized knowledge, increase moral education, improve capacity to respond to emergencies and resolve complex conflicts. Continue to thoroughly carry out the special action on "strong foundation, style transformation, and image establishment" to sustain positive styles and strict discipline. Clear channels for public oversight, and actively accept legal supervision, administrative supervision, and social supervision. Strengthen internal supervision inspections, employ double randomization and both announced and unannounced inspections, to promptly discover and correct all kinds of irregular and uncivil law enforcement conduct, and where the situation is serious and causes negative consequences, it should publicly and strictly handled.

All levels of Urban Management Law Enforcement department should fully recognize the importance of strictly regulating Urban Management Law Enforcement conduct and strict law enforcement discipline, employing effective measures to implement each work requirement of this notice. We ask the provincial level departments in charge of urban management to please report to our department in writing on the deployment and implementation situation by late February 2018.

People's Republic of China Ministry of Housing and Urban Rural Development

People's Republic of China Ministry of Housing and Urban Rural Development

 

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