Introduction to prior review experience

Leaders and colleagues:

Hello everyone!

As a grassroots legal system clerk, I have been doing the nuclear audit work of the investigation and investigation of the case in accordance with the duties of the grassroots legal system for many years, so as to achieve "two fine" and "two" and strengthen the daily supervision of the case. In order to promote administration according to law, and effectively improve the quality of the case. In the preliminary audit of the case, I mainly put a good "five roads":

The first is the main body. On the one hand, it examines whether the subject of administrative punishment is qualified; on the other hand, it examines whether the subject that has been punished is qualified. The main point here is to look at the approval form for the case: to examine the nature of the parties involved as the subject of the punishment; whether the case has been designated by more than 2 cases; whether the time of filing is later than the time of investigation and inquiry, resulting in the case of not investigating first; The word "pin" in the brackets of the filing form is crossed out; whether there is a corresponding report record attached.

The second is the fact. The main review of administrative punishment cases is to make the facts clear. This is mainly to see the on-site inspection transcripts and inquiry transcripts, whether the people, things, time, place, means, process, motivation, etc. reflected in the entire transcript are fully reflected. In addition, there are some details that are easy to miss. For example, if there is any indication in the on-site transcript that the document has been presented; the inquiry transcript only writes the start time, the end time is not written, whether it is signed by the inquirer; whether it is printed on the transcript. For example, last year, I investigated and dealt with a fake auto parts case. When I first went to the “facts”, I found that I was also punished by the Municipal Technical Supervision Bureau for the counterfeit production. According to Article 24 of the Administrative Punishment Law, The same illegal act may not be given an administrative penalty of more than two fines, and the "factually closed" level cannot be passed. After research by the Municipal Bureau of Regulation, the case was revoked in advance to prevent repeated punishment.

The third is the evidence. It mainly examines whether the documentary evidence, physical evidence, witness testimony, identification materials and on-site transcripts related to the case are legal and valid. At the same time, the scope of evidence collection and the way in which evidence is collected are determined on a case-by-case basis to fully collect the evidence. For example, if the copy provided is signed by the party or the provider and the words “checked and original are correct” are included; on the extraction slip, the original document identification or photo is attached to the signature of the party and the handprint is printed at the seam; Identification certificate, etc.

Four qualitative closures. Qualitative is mainly the process and result of combining the investigation results with the legal provisions. It is the use of the law to evaluate the behaviors investigated. The process is actually fresh and restores the tomb of the amines.谰荨 谰荨 饕 蟛橐 蟛橐 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫 玫醯 蹩钕钍 蹩钕钍 衩 衩 衩 ? ?? / FONT>

The fifth is the program off. Mainly to check whether the program is legal. Whether the case program is legal or not, when the legal system is in place, many programs have already passed and there is no way to change it. Therefore, the most important thing for a legal person is to distinguish which programs in the case are legal and which programs are not in compliance with laws and regulations. Prescribe, and then propose remedial measures for those law enforcement procedures that do not comply with laws and regulations, or take remedial measures. If the basis for taking enforcement measures is clear whether the terms are clearly stated or not, and it is not clear or not stated, it is recommended to complete it or fill it out by itself; if it is mandatory, it has not been approved by the Director, and it has not been approved, and it will be remedied.

In short, as a legal person, in the preliminary audit, it is mainly to prevent problems before they occur, lay a good foundation, and ensure that the administrative punishment cases are successfully closed. Since we insisted on strictly implementing the "five roads" at the beginning of the case, the 159 cases that I reported to the Municipal Bureau last year did not have a case that was reconsidered or filed with the court, which effectively improved the quality of case handling.