The scope of major law enforcement decisions: including major administrative punishment, administrative license, administrative compulsion, administrative inspection, major law enforcement decisions recognized by administrative law enforcement organs and other major law enforcement decisions stipulated by laws, regulations and rules.
Specific law enforcement statutory items audited:
1, which may cause significant social impact or cause social risks;
2, directly related to the major rights and interests of the administrative counterpart or others;
3. The case is complex and involves multiple legal relationships;
4, other laws, regulations and rules shall be subject to legal review.
(a) may cause significant social impact or cause social risks;
(two) directly related to the major rights and interests of the administrative counterpart or others;
(3) The case is complex and involves multiple legal relationships;
(four) the legality of other laws, regulations and rules shall be examined.
Based on:
1, Measures for Legal Review of Major Administrative Law Enforcement Decisions in Yunnan Province
2 notice on printing and distributing the law enforcement coordination group of Zhanyi District Committee of Qujing City, China.
3. Notice of Zhanyi District Urban Comprehensive Administration Bureau of Qujing Municipality on Printing and Distributing the Trial Committee of Administrative Punishment Cases of Zhanyi District Urban Management Comprehensive Law Enforcement Bureau of Qujing City.
4. Notice of Zhanyi District Urban Comprehensive Management Bureau of Qujing Municipality on Printing and Distributing the Administrative Punishment Case Trial Committee of Zhanyi District Urban Management Comprehensive Law Enforcement Bureau of Qujing City (Zhanyifa [2017] No.6)
5 notice on printing and distributing the law enforcement coordination group of Zhanyi District Committee of Qujing City, China.
6. Guiding opinions on deepening the reform of urban law enforcement system and improving urban management
Audit materials to be submitted:
1, basic facts and applicable legal basis;
2, the qualification of administrative law enforcement personnel;
3. Investigation and evidence collection and hearing;
4. Preliminary punishment opinions;
5. Other circumstances that need to be explained.
Audit focus:
1, whether the subject is legal and whether the law enforcement personnel are qualified for law enforcement;
2. Whether the main facts are clear and the evidence is conclusive; Whether the procedure is legal;
3. Whether the applicable laws, regulations and rules are correct and whether the benchmark of administrative discretion is appropriate;
4, whether there is beyond the authority or abuse of power;
5, law enforcement documents are standardized and complete;
6. Whether the illegal act is suspected of a crime and needs to be transferred to judicial organs;
7. Other contents that should be audited.
Audit Department: Supervision Section
Legal basis:
Opinions on verifying the legality of interrogation before investigation of major cases.
Article 5 When verifying the legality of interrogation in major cases, a public prosecutor shall first listen to the opinions of the criminal suspect's defense lawyer or the lawyer on duty, and make a record of listening to the lawyer's opinions. If the defense lawyer or the lawyer on duty puts forward written opinions, it shall attach a volume.
Article 6 When examining and interrogating the legality of major cases, public prosecutors shall ask relevant criminal suspects and synchronize audio and video recordings throughout the process. The recorded image should reflect the criminal suspect, the prosecutor and the scene of the inquiry. The suspect should reflect the whole process in the image and display the date and time information synchronized with the inquiry. The start and end time of the record in the query record should be