Summary report on the connection between administrative law enforcement and criminal justice
According to the requirements of the Notice of the County People's Procuratorate and the Legal Affairs Office of the County People's Government on the Performance Appraisal of the County's "Linking the Two Laws" in 20 18, our bureau conducted a comprehensive self-examination on the operation of the "Linking the Two Laws" mechanism in light of the actual situation. The first is the "convergence of the two laws".
Our bureau attaches great importance to the connection between administrative law enforcement and criminal justice. Especially in the joint special rectification work, it not only strengthened cooperation with public security organs, but also strengthened information exchange and coordination with various departments, which played a positive role in cracking down on market price violations.
(a) to establish and improve the organization, to ensure the orderly development of the work.
In the practice of administrative law enforcement, our bureau constantly explores the establishment of an effective working mechanism of "linking the two laws". A leading group with the party secretary and director as the team leader and the deputy director in charge as the deputy team leader was established. The leading group held irregular meetings to study and deploy the work plan and system of "connecting the two laws", which ensured the orderly development of the work of "connecting the two laws" organizationally.
(2) Establish and improve various mechanisms to prevent the phenomenon of substituting punishment for punishment.
To do a good job of "connecting the two laws", it is necessary to establish and improve relevant working mechanisms. Our bureau has formulated the administrative punishment procedure regulations in combination with the actual work, and set up a restriction mechanism from the case handling procedure, so that the case handling should go through the links of authorization, review and post-punishment review from filing to closing, so as to separate investigation, review and punishment, and effectively put an end to the phenomenon of substituting punishment for punishment. At the same time, strengthen the construction of law enforcement team, formulate accountability measures and other systems to ensure the improvement of administrative law enforcement procedures, the implementation of law enforcement responsibilities, the transfer of cases according to law, filing and information feedback.
(3) Strengthen education and training.
Through various forms of legal education and law enforcement training, the quality of law enforcement personnel will be continuously improved. A weekly and monthly study system was established, and simulated law enforcement on-site training was organized. Law enforcement personnel were mainly educated and trained in the theoretical knowledge of administration according to law, relevant evidence preservation and administrative punishment in law enforcement practice, which further improved their awareness of administration according to law and their level of handling cases. At the same time, contact the public security department in time for some illegal cases, and strive for public security to intervene in the early stage of case investigation. By cooperating with the public security in handling cases, we actively learn from the police's methods and experience in handling cases, so that some difficult and illegal cases can be investigated and dealt with in time.
(4) crack down on illegal activities.
While strengthening daily supervision, we focused on key points, key points, and outstanding problems in key links and fields, and concentrated our efforts on carrying out a series of special rectification activities.
Second, the future work plan
(1) Administration according to law runs through the whole process of "convergence of the two laws".
In the practice of administrative law enforcement, we constantly explore the establishment of the working mechanism of case transfer and investigation, and strive to establish and improve a set of binding systems and mechanisms by continuously promoting the standardization, institutionalization and proceduralization of the work of "connecting the two laws", and formulate internal normative documents of cases in combination with the actual situation of this bureau, so as to ensure the quality of case transfer from the system and provide code of conduct for law enforcement personnel.
(2) promoting the building of a clean and honest party style and promoting fair and honest law enforcement.
Chapter II Summary Report on the Connection between Administrative Law Enforcement and Criminal Justice
I. Establishing a Working Mechanism At the beginning of 20××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Our bureau attaches great importance to the convergence of the two laws and has held many meetings to deploy the work. First, establish an organization, set up a working group on the platform of the two laws in the urban management law enforcement brigade, and configure the computer equipment needed for the platform; The second is to clarify the management and staff of the platform, with the deputy team leader in charge and the platform staff responsible for daily case entry. Third, the working group on the platform for the convergence of the two laws and the working group on the comprehensive government service platform have been put into operation. Fourth, we should constantly improve our understanding of the importance of the connection between the two laws, correctly handle the relationship between administrative law enforcement and criminal justice, and constantly enhance the initiative and consciousness of the connection between administrative law enforcement and criminal justice. Judging from this year's work, our awareness of actively identifying suspected criminal cases and accepting judicial supervision has been continuously enhanced, completely changing the concept that the main task of administrative law enforcement organs in the past was to investigate and deal with administrative illegal cases, and cracking down on crimes was the business of public security organs and judicial organs.
Second, the work carried out
(a) the overall situation of the case
According to statistics, from 20 17, 12, 1 to 20×××× 2017, our bureau handled all kinds of administrative punishment cases 16865438. Among them, there were 2 cases of general procedural administrative punishment1piece and 6 cases of individual punishment1piece, accounting for 76.2% of the total cases of general procedural administrative punishment; There were 5 cases of punishment units, accounting for 23.8% of the total number of administrative punishment cases in general procedure. * * * Handled summary administrative punishment cases 16796, accounting for 99.8% of all cases. Compared with the previous year, the law enforcement work since February 20 17 has the following four characteristics. First, the number of cases of general procedural administrative punishment shows a downward trend. From February 20 16 to February 20 17, 88 cases of general procedural administrative punishment were handled, while from February 20 16 to February 20 ×××× 65438. Second, the number of individual illegal cases has increased significantly, and there are fewer illegal cases in units; The third is to make new breakthroughs in the field of handling cases. In addition to the traditional cases of illegal construction, the field of investigating cases has been extended to many fields, such as transporting construction waste along the street, dumping construction waste, illegally occupying roads and so on. The fourth is to carry out various special rectifications and severely investigate and deal with a large number of illegal acts. Over the past year, large-scale special rectification activities such as city appearance and parking order, illegal outdoor advertisements and shop signs, illegal disposal of construction waste and straw burning have been carried out successively, which has exercised the team's law enforcement ability and achieved good social effects.
(2) Working methods
Take the initiative to fight for the assistance and support of the public security organs. Strengthen cooperation with public security organs, carry out law enforcement and case handling with the help of public security organs, strive to eliminate evils and severely crack down on illegal and criminal acts in the field of urban management. In urban management law enforcement, vigorously promoting the joint law enforcement mode of urban police not only provides a guarantee for administrative law enforcement, but also helps to prevent and combat all kinds of violent anti-law and illegal and criminal acts. In 20×× years, on the basis of integrating the former municipal police joint law enforcement team, the police dispatch system of our bureau was implemented, and the police stationed were responsible for preventing, stopping and investigating all kinds of illegal and criminal acts that violated the relevant provisions of urban management, cooperating with law enforcement personnel to carry out law enforcement work, and escorting the law enforcement work of urban management. The public security police stationed by the Municipal Public Security Bureau are under the unified management and command of our bureau, realizing all-weather joint logistics linkage between the public security police and urban management law enforcement personnel, and making joint law enforcement normalized and institutionalized. In the daily urban management law enforcement work, urban management law enforcement officers and public security police will be mixed into a formation, and * * * will conduct daily inspections together and deal with problems immediately when found. In 20×× years, the joint law enforcement team of our bureau effectively carried out 12 large-scale rectification (including: city appearance and parking order rectification for 4 times, illegal outdoor advertising and shop signs rectification for 2 times, illegal disposal of construction waste rectification for 1 time, illegal operation rectification for 1 time, straw burning rectification for 1 time, etc. Remediation of urban noise 1 time, remediation of urban dust pollution 1 time), due to the full participation and cooperation of public security police in various large-scale remediation, good results have been achieved, so that all kinds of illegal acts have been strictly investigated, all kinds of violent anti-law acts have been stopped in time, and all kinds of illegal and criminal acts have been effectively prevented. In 20 ×××× years, urban management law enforcement officers and public security police handled a total of 12 cases of violent resistance to the law, and handled 2 offenders, which not only achieved the purpose of educating and punishing offenders, but also purified the urban management law enforcement environment and enabled the law enforcement to proceed smoothly.
(3) Pay close attention to case entry and screening.
In 20×× years, our bureau earnestly performed its duties and entered all kinds of administrative punishment cases into the comprehensive government service platform according to the quality and quantity. All cases were entered in strict accordance with the operating procedures, and there was no alarm or early warning. Cases entered into the comprehensive government service platform can be automatically synchronized to the interface platform between administrative law enforcement and criminal justice. Adhere to the registration of all kinds of administrative punishment cases entered in the "integrated government service platform entry case register", and at the same time do a good job in filing and keeping the information of the cases entered. The entered case data belong to the administrative punishment cases investigated and dealt with according to the general procedure, and the working group of the comprehensive government service platform will make a closed file and send it to the legal affairs unit of the bureau for audit, and the office of the bureau will file it uniformly. Bureau of legal affairs unit in the audit according to the general procedure to investigate and deal with administrative punishment cases closed files, found to belong to the suspected criminal cases, to report to the bureau leaders agree, immediately notify the two methods convergence platform working group on the platform to transfer the case to the judicial organs, and submit a written report on the transfer of suspected criminal cases. If the entered case data belongs to the administrative punishment cases investigated and dealt with by summary procedure, the working group of comprehensive government service platform will send the case data to the leaders in charge of the brigade for review and filing. When the leaders in charge of the brigade review the closing data of administrative punishment cases investigated and dealt with by summary procedure, if they find that they belong to suspected criminal cases, they shall immediately notify the working group of the platform for the convergence of the two laws to transfer the cases to judicial organs on the platform, and submit a written report on the transfer of suspected criminal cases. From 20 17, 12, 1 to 20 ×××××110, none of the administrative punishment cases investigated by our bureau need to be transferred to judicial organs for handling.
Three, the main problems and future work plan
The practice of linking the two laws for one year proves that strengthening the connection between administrative law enforcement and criminal justice plays an irreplaceable role in forming a joint force to crack down on illegal crimes and maintaining social management order. Although we have done some basic work in the connection between the two laws, there are still some inevitable problems, mainly as follows:
(A) handling procedures need to be further standardized.
After the Central Urban Work Conference in 20 15, the Ministry of Housing and Urban-Rural Development was responsible for the national urban management law enforcement work, and various localities successively carried out urban law enforcement system reforms, gradually unifying the names, functions and responsibilities of urban management law enforcement departments in various provinces. Due to the late establishment of urban management law enforcement agencies, there is no unified procedure for handling administrative punishment cases in this field, and the Ministry of Housing and Urban-Rural Development has not yet issued detailed procedural regulations. The real standardization of handling cases has not been realized, and the local urban management law enforcement departments can only refer to the handling procedures of other law enforcement departments for improvement. The nonstandard and inconsistent law enforcement procedures also lead to the incomparable quality of cases entered by the two legal platforms.
In the future, under the guidance of the Legislative Affairs Office of the municipal government and the Nanchong Urban Management Comprehensive Law Enforcement Bureau, the Bureau will improve the law enforcement procedures in accordance with the provisions of the Measures for Urban Management Law Enforcement of the Ministry of Housing and Urban-Rural Development and the Regulations on Comprehensive Administrative Law Enforcement of Sichuan Province, with reference to the law enforcement procedures of various law enforcement departments. At the same time, efforts should be made to promote the standardization and unification of law enforcement procedures in the field of urban management law enforcement, so as to achieve horizontal and vertical comparability of the quality of cases entered by the two platforms.
(two) to further clarify the standards and procedures for the transfer of cases.
In the process of law enforcement, the case-handling personnel of our bureau only pay attention to the task of investigating and handling administrative punishment cases according to quality and quantity, and do not have a comprehensive understanding of the concept of suspected criminal cases, the standards for transferring cases and the procedures for transferring cases, which leads to the inefficiency of the connection between the two laws.
In the future, our bureau should organize case-handling personnel to seriously study the State Council's Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs (the State Council Order No.310) and the Provisions of the People's Procuratorate and the Ministry of Public Security on the Standards for the Public Security Organs to Jurisdicte Criminal Cases, so as to continuously improve the legal literacy of our bureau staff and their ability to identify suspected criminal cases. Strengthen the study on the specific basis for the transfer of suspected criminal cases by administrative law enforcement organs, the handling of articles involved, the transfer procedures, the attached materials, the administrative punishment before the transfer, and the supervision of the transfer of suspected criminal cases by administrative law enforcement organs, enhance the ability and skills to do a good job in the connection between the two laws, and improve the level of administration according to law. In the work of administrative law enforcement, we must resolutely and promptly transfer suspected criminal cases to judicial organs, never substitute punishment for detention or punishment, and constantly standardize administrative law enforcement behavior.
(3) The case information of the integrated government service platform and the platform connecting the two laws failed to synchronize in time.
Chapter III Summary Report on the Connection between Administrative Law Enforcement and Criminal Justice
In accordance with the requirements of the Notice on Submitting Relevant Materials on the Implementation of the Connection between Administrative Law Enforcement and Criminal Justice in 20 Years (Lu Jianfa [20 ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
According to statistics, since June, 20××××1year, our bureau has investigated and dealt with 0 cases of violation of laws and regulations in various general procedures, with a fine of 0 yuan.
Second, the main practices and experiences
(a) to raise awareness and enhance the initiative of administrative law enforcement and criminal justice. Judging from the work in the past two years, our bureau has a weak awareness of actively transferring cases and accepting supervision, and there is an old concept that the main task of administrative law enforcement organs is to investigate and deal with administrative illegal cases, and cracking down on crimes is the business of public security organs and judicial organs. With the promulgation of a series of normative documents such as the State Council, People's Court, People's Procuratorate and Ministry of Public Security, our understanding of the convergence of the two laws has gradually improved. In law enforcement, we should basically correctly handle new (renovated) expansion construction projects, avoid damaging the relationship between earthquake monitoring facilities and earthquake observation environment, correctly handle the relationship between administration according to law and criminal justice, and constantly enhance the consciousness of connecting administrative law enforcement with criminal justice.
(2) Work hard. Strengthen contact and cooperation with public security organs, carry out law enforcement and case handling by means of law enforcement and judicial functions, and ensure that the projects under construction have no impact on earthquake monitoring facilities and earthquake observation environment.
III. Future Work Plan
In accordance with the requirements of "improving the connecting mechanism between administrative law enforcement and criminal justice", we will continuously improve the legal literacy and law enforcement ability of staff and increase the transparency of the administrative law enforcement process. The specific basis for the transfer of suspected criminal cases, the handling of articles involved, the transfer procedures, the attached materials, the administrative punishment before the transfer, and the supervision of the administrative law enforcement organs on the transfer of suspected criminal cases are detailed, so as to enhance the guidance and operability of the work of "connecting the two laws", standardize law enforcement behavior and improve the level of administration according to law.