2019 Traffic Administrative Law Enforcement Inspection Work Plan

In order to ensure the smooth implementation of the traffic administrative law enforcement inspection work in 2019, and further promote the administration of the traffic industry according to law, this plan was formulated in accordance with the deployment of the "2019 National Traffic Legal System Work Points".

First, the purpose of inspection

Through the implementation of traffic administrative law enforcement inspections, we will further implement the State Council's "Implementation of the Implementation of the Administration in Accordance with the Law" and the "Opinions on the Implementation of the Traffic Administrative Law Enforcement Responsibility System" issued by the General Office of the State Council to promote the correct implementation of traffic laws, regulations, and regulations. Traffic administrative law enforcement responsibility system, launched a number of "transportation administration demonstration units", "transportation administrative law enforcement responsibility system demonstration unit" and "traffic civilized law enforcement model", "transportation legal system advanced workers", strengthen the construction of administrative law enforcement supervision mechanism, improve The level of traffic administrative law enforcement, comprehensively promote the rule of law, and provide legal guarantee for improving the ability and level of the "three services" and promoting the development of the modern transportation industry.

Second, check the content

Organizational leadership of administrative work according to law

1. Establish the main leadership responsible for the legal administrative work mechanism;

2. The construction of legal institutions and the working conditions of legal institutions;

3. Formulate annual plans to promote legal administrative work arrangements, and supervise and inspect the implementation of the plan;

4. Carry out legal education and training on legal administration;

5. Incorporate the administrative work according to law into the annual awards and punishments of the unit staff.

Standardize the behavior of administrative law enforcement

1. Administrative law enforcement personnel obtain administrative law enforcement qualifications and administrative law enforcement certificates;

2. Administrative law enforcement personnel law enforcement behavior norms, civilization;

3. Administrative licensing and administrative examination and approval are in compliance with relevant regulations and perform duties according to law;

4. Perform administrative law enforcement duties in accordance with the provisions of laws, regulations and rules, and administrative law enforcement actions are lawful and appropriate;

5. Implementation of the segregation of segregation and separation of penalties;

6. Establish administrative punishments, administrative licenses and other law enforcement files.

Construction of administrative law enforcement supervision mechanism

Whether the following systems have been established and improved:

1. Traffic administrative law enforcement responsibility system;

2. Traffic administrative law enforcement system;

3. Traffic administrative law enforcement supervision system;

4. Traffic administrative law enforcement file review system.

Prevent and resolve traffic administrative disputes, administrative reconsideration and administrative response

1. Establishment of administrative reconsideration agencies and staffing of administrative reconsideration and construction of administrative law enforcement teams;

2. The construction of the administrative reconsideration work mechanism;

3. Actively accept and fairly review administrative reconsideration cases and improve the quality of administrative reconsideration cases;

4. Handling the administrative reconsideration case of the unit as the respondent;

5. The handling of administrative litigation cases;

6. Perform the duties of state compensation and administrative compensation.

Legal publicity and education

1. Formulate the legal education and education plan or work plan;

2. Organize the work of leading cadres in the use of the law;

3. Carry out legal publicity, education and training;

4. Organize the development of traffic law publicity and education theme activities.

Third, the inspection steps and methods

This supervision and inspection adopts a combination of comprehensive inspection and key inspection, self-inspection, mutual inspection and random inspection, unified organization, up and down linkage, and inspection in five stages:

Organization mobilization phase

Specifically arrange the deployment of administrative law enforcement supervision and inspection matters, determine the inspection content, inspection procedures and inspection methods. According to the unified deployment of the ministry, the provincial transportation authorities, the Ministry of Maritime Affairs, and the Yangtze River Navigation Administration have formulated specific inspection work plans for the region and the system, and organized mobilization and deployment.

Self-inspection stage

1. According to the "2019 Traffic Administrative Law Enforcement Inspection Contents and Standards", the provincial transportation authorities, the Ministry of Maritime Affairs, and the Yangtze River Navigation Administration organize self-inspection of traffic administrative law enforcement work in the region and the system.

2. Traffic administrative departments and traffic administrative law enforcement agencies at or above the prefecture level of each region and each system shall form self-inspection reports for self-inspection and report to the provincial traffic authorities, the Ministry of Maritime Affairs, and the Yangtze River Navigation Administration; The Ministry of Maritime Affairs and the Yangtze River Navigation Administration shall summarize the self-examination of the region and the system, and form a special self-inspection report, together with the local, local, and municipal traffic authorities and traffic administrative law enforcement agencies. The report and self-examination assessment score sheets will be reported to the Ministry before May 31, 2019.

3. The provincial transportation authorities, the Ministry of Maritime Affairs, and the Yangtze River Navigation Administration shall, in accordance with the "2019 Traffic Administrative Law Enforcement Inspection Contents and Standards", carefully examine and evaluate the administrative work of the units in the region and the system, and review the assessment according to the situation. Do not recommend 1-2 “transportation administration demonstration units”, 1-2 “transportation administrative law enforcement responsibility demonstration units”, 2-3 “transportation civilized law enforcement pacesetters” and 1 “transportation legal advanced workers”. The "transformation administration demonstration unit according to law" shall be the provincial-level traffic administrative department and the traffic administrative law enforcement agency with self-examination and evaluation scores of 90 points or more, and play a model role in promoting the traffic system to promote the administration according to law. The “Demonstration Unit for Traffic Administrative Law Enforcement Responsibility System” shall be a traffic administrative law enforcement agency with a score of more than 85 points for self-examination and evaluation, and a “traffic administrative law enforcement responsibility system” with a score of 7 or more. "Traffic Civilization Law Enforcement Model" shall be the traffic administrative law enforcement personnel whose self-inspection and evaluation scores are above 85 points and outstanding in traffic administrative law enforcement work. The "advanced workers in the traffic legal system" shall be the personnel whose self-inspection and evaluation scores are above 85, engaged in traffic legal work, and make outstanding contributions in promoting the administration of the traffic industry according to law, including the competent leaders of the legal work and the legal work institutions. The person in charge and the staff. All recommended units should carefully fill out the "Recommended Form for Traffic Administration Demonstration Units", "Recommended Form for Demonstration Units of Traffic Administrative Law Enforcement Responsibility System", "Recommended Form for Traffic Civilization Law Enforcement Models" and "Recommended Form for Advanced Workers in Transportation Law System", submit self-examination Reports, self-examination and evaluation score sheets, advanced deeds materials and related materials for the implementation of administrative work in accordance with the law shall be reported to the Ministry before May 31, 2019.

4. Units with self-check evaluation scores below 70 are unqualified units. The provincial transportation authorities, the Ministry of Maritime Affairs, and the Yangtze River Navigation Administration shall propose corresponding rectification measures and rectification deadlines for the unqualified units, and form a special report to be reported to the Ministry before May 31, 2019. The Ministry will conduct random inspections as appropriate.

Mutual check phase

From June to July, the ministry will organize mutual investigations on legal administration and administrative law enforcement work in various regions and systems on the basis of self-examination by all units.

1. Mutual inspection organization

It is planned to organize 16 mutual investigation teams, each group of about 3 people, including 1 team leader and 2 team members.

The mutual investigation of the maritime system is carried out by the Ministry of Maritime Affairs with reference to this plan, and a number of self-inspection groups are organized by themselves to conduct mutual checks in the system.

The relevant comrades of the Department of Constitutional Reform and the Department of Legal Affairs and Civilization Construction will participate in the mutual investigation of each group as appropriate.