Jing Min Zhi Fa [2016] No.219
District Civil Affairs Bureau:
The "Guidelines for Administrative Law Enforcement of Social Assistance (Trial)" are hereby printed and distributed to you, please follow them.
Beijing Municipal Civil Affairs Bureau
June 2, 2016
Guidelines on Administrative Law Enforcement of Social Assistance (Trial Implementation)
Chapter I General Principles
the first In order to regulate the city’s administrative law enforcement in the field of social assistance, ensure that administrative organs perform their duties according to law, and strictly enforce the law according to procedures, these guidelines are formulated in accordance with the Administrative Punishment Law of the People’s Republic of China, the Interim Measures for Social Assistance (Order No.649 of the State Council), the Regulations on the Minimum Living Security for Urban Residents (Order No.271 of the State Council) and other laws and regulations.
the second The term "administrative law enforcement" as mentioned in these Guidelines refers to the investigation and punishment of the following illegal acts according to law:
(a) in violation of Article 68 of the Interim Measures for Social Assistance, defrauding social assistance funds, materials or services by means of false reporting, concealment or forgery;
(two) in violation of the provisions of the first paragraph of Article 14 of the Regulations on the Minimum Living Security for Urban Residents, take false reports, concealment, forgery and other means to defraud the enjoyment of the minimum living security for urban residents;
(3) In violation of the second paragraph of Article 14 of the Regulations on Minimum Living Security for Urban Residents, the family income has improved during the period of enjoying the minimum living security for urban residents, and the management examination and approval authority is not informed as required, and the urban residents continue to enjoy the minimum living security.
Article After discovering the above-mentioned illegal acts, the District Civil Affairs Bureau shall investigate and deal with them in strict accordance with laws and regulations and the provisions of these Guidelines. Failing to investigate and deal with it in accordance with the regulations, it will be handed over to the supervision department to investigate the responsibility of the relevant staff.
Article 4 Administrative punishment should adhere to:
(a) the principle of administration according to law, the appropriate use of discretion;
(two) the principle of reasonable administration, combining education with punishment;
(3) The principles of fairness, justice and openness.
Chapter II Jurisdiction and Acceptance
Article 5 The jurisdiction of the Civil Affairs Bureau of each district over social assistance cases shall be determined according to the principle of "whoever approves shall have jurisdiction".
If the District Civil Affairs Bureau investigates illegal acts across administrative regions, the relevant Civil Affairs Bureau shall actively cooperate and assist in the investigation.
Article 6 If the District Civil Affairs Bureau receives the report and can answer whether it is accepted or not on the spot, it shall answer it on the spot. If you can’t answer on the spot, you should inform the reporter whether to accept it afterwards.
Reports that meet the following conditions shall be accepted:
(a) there are clear parties;
(2) Being under the jurisdiction of this organ;
(three) there are specific clues or evidence that there may be illegal facts.
For a report that does not fall within the scope of acceptance by this bureau, it shall inform the informant to reflect to the civil affairs bureau with jurisdiction, or transfer the received materials to the civil affairs bureau with jurisdiction, and inform the informant.
Article 7 To accept the report, it shall fill in the information registration form (Annex 2) for accepting and reporting suspected illegal information, and clarify the basic information and report contents of the informant and the reported person.
If the contents of the report are unclear, you can ask the informant to supplement the information.
The Civil Affairs Bureau of each district and its staff shall strengthen the custody of the reporting materials, pay attention to confidentiality, and shall not disclose the information of informants, so as to protect their legitimate rights and interests according to law.
Chapter III Verification and Filing
Article 8 The District Civil Affairs Bureau shall promptly organize the verification of the accepted reports and illegal clues found by other channels.
If the verification shows that the following conditions are met, the case shall be filed:
(a) there are clear parties;
(2) Being under the jurisdiction of this organ;
(3) There is evidence to prove that there may be illegal facts.
Do not meet the above conditions, shall not be filed.
Article 9 The filing approval form (Annex 3) and filing report (Annex 4) shall be filled in and submitted to the person in charge of the District Civil Affairs Bureau for approval.
Chapter iv investigation and evidence collection
Article 10 After filing a case, the case-handling personnel shall promptly investigate and collect evidence. When conducting on-site investigation, the case-handling personnel shall not be less than two, and shall take the initiative to show their law enforcement certificates.
Article 11 To investigate and deal with illegal acts of social assistance, the parties concerned should be consistent with the family members who enjoy social assistance.
All family members who enjoy social assistance should be taken as the object of investigation. Family members may authorize the holder, the head of household or other family members with full civil capacity to accept the investigation, sign documents, exercise rights and perform obligations on their behalf by signing the power of attorney (Annex 5).
Article 12 If the case-handling personnel have a direct interest with the parties concerned, they should withdraw. The parties have the right to apply for the withdrawal of the case-handling personnel, and the case-handling personnel may also withdraw themselves. Whether to avoid it or not is decided by the person in charge of the District Civil Affairs Bureau.
Article 13 Investigators should focus on the age and capacity of the parties, illegal facts, harmful consequences, discretion and other aspects, comprehensively, objectively and impartially investigate and collect the following types of evidence:
(1) Documentary evidence: refers to written materials whose contents prove the facts to be proved;
(2) Material evidence: refers to the evidence that proves the facts to be proved by material entities;
(3) Witness’s testimony: the witness’s statement about the case;
(4) Audio-visual materials and electronic data: that is, evidence to prove the facts to be proved by means of audio recording, video recording, scanning and electronic technology;
(5) Statement of the parties: the direct and indirect statements of the parties to the case;
(6) Appraisal opinions: technical conclusions made on special issues related to the case;
(7) Records of inquests and on-site records: records of inquests and inspections made on the site or articles related to the case.
The above evidence must be verified before it can be used as the basis for ascertaining the facts.
Article 14 When investigating the situation from the parties, witnesses or other relevant personnel, the case-handling personnel shall make a separate inquiry and make an inquiry record (Annex 6).
The record of inquiry shall be checked by the person being questioned. If there are errors or omissions in the interrogation record, the person questioned shall be allowed to correct or supplement it. The correction should be confirmed by signing or pressing the fingerprint. If the person being questioned has no reading ability, the case-handling personnel shall read it out to him.
After the interrogation record is verified, the person being questioned shall sign the interrogation record page by page or press the fingerprint.
The case-handling personnel shall sign the inquiry record. If the parties and relevant personnel refuse to sign or press fingerprints, two or more law enforcement officers shall indicate the situation in the record and sign it.
Article 15 The case-handling personnel may require the parties, witnesses or other relevant personnel to provide proof materials, and ask them to sign or press their fingerprints on the provided materials.
Article 16 The case-handling personnel shall collect and retrieve the original documents and materials related to the case as documentary evidence and material evidence. If it is really difficult to collect and retrieve the original and the original, copies and photos that have been verified with the original and the original shall be collected, marked with "verified with the original" and the source, and signed or fingerprinted by the issuer.
Article 17 When collecting audio-visual materials, the case-handling personnel shall indicate the production method, production time, producer and object of proof, etc.
Article 18 Investigators should focus on the relevance, legitimacy and authenticity of the evidence, and verify the evidence for the probative effect.
Article 19 For the collected evidence materials, the case-handling personnel shall make a catalogue of evidence, and briefly explain the sources, objects and contents of the evidence materials.
Chapter V Statement, Defense and Hearing
Article 20 Before making an administrative penalty, the District Civil Affairs Bureau shall make a notice of administrative penalty in advance (Annex 7) and serve it on all parties, inform the parties of the facts, reasons and basis of the administrative decision or administrative penalty to be made, and inform the parties that they have the right to state and defend according to law.
Statements and defenses can be made in written or oral form. If a party makes an oral proposal, the case-handling personnel shall make a statement record and submit it to the party for verification before signing or pressing the fingerprint.
Article 21 District Civil Affairs Bureau shall make a hearing notice (Annex 8) and serve it on all parties before making a decision on all family members to impose a larger fine than that of 1000 yuan, informing them that they have the right to request a hearing.
A hearing shall be held in accordance with the provisions of the Measures for the Implementation of Administrative Punishment Hearing Procedures in Beijing.
Chapter VI Review and Decision
Article 22 At the end of the case investigation, the case-handling personnel shall fill in the approval form for administrative punishment (Annex 9) or order it to be corrected (Annex 10), and attach the report on the end of the case investigation (Annex 11).
The case-handling personnel shall submit the files to the legal affairs office of the District Civil Affairs Bureau or the person in charge of legal affairs for examination. After the audit, the case-handling personnel will report the files and audit opinions to the person in charge of the District Civil Affairs Bureau for approval.
Article 23 The person in charge of the District Civil Affairs Bureau shall review the investigation results of the case and make administrative decisions or administrative punishment decisions according to different situations:
(a) the illegal facts can not be established, or the illegal act is minor and the parties take the initiative to refund, and those who have not filed a case may decide not to file a case, and those who have filed a case may terminate the investigation;
(2) If the illegal facts are verified, an administrative decision shall be given to stop social assistance; if the illegal fraudulent social assistance funds and materials are verified, an administrative decision shall be given to order correction;
(three) illegal acts should be given administrative punishment, given a warning (only for urban residents) or 1 to 3 times the fine of administrative punishment, the specific discretion standard in accordance with the "Beijing civil administrative punishment discretion standard" provisions.
The person in charge of the District Civil Affairs Bureau shall make a collective discussion and decision if the circumstances of the case are complicated or the family is fined more than 1000 yuan for major illegal acts.
Article 24 If more than two years have passed since the termination of the illegal act to the day when the illegal act is discovered, administrative punishment will no longer be given, but an administrative decision can be given to order the return of illegally obtained social assistance funds and materials based on the illegal facts.
The date of discovery of the illegal act shall be subject to the date of filing for examination and approval; If it is found to be true after being reported by the masses, the time of acceptance of the report shall prevail.
Article 25 If the District Civil Affairs Bureau decides to stop the assistance to the parties concerned and orders them to return the assistance funds and materials, it shall make an administrative decision (Annex 12 of the decision to stop sending or Annex 13 of the decision to order correction).
If the District Civil Affairs Bureau decides to give a warning or a fine to the party concerned, it shall make a written decision on administrative punishment (Annex 14).
Chapter VII Service and Execution
Article 26 The written decision on administrative punishment and the written decision on administrative punishment shall be directly delivered to the parties within 7 days after being made. If the addressee is not in person, hand it over to the adult family members who live with him for signature; If the addressee has an entrusted agent, it may send it to his agent for signature.
Article 27 When handling documents, the case-handling personnel shall make a receipt (Annex 15), and the addressee shall sign the receipt and record the date and time of receipt.
The date of receipt by the addressee on the service receipt shall be the date of service.
If an agent is entrusted to collect documents, the words "I am responsible for conveying" shall be indicated on the receipt of service.
Article 28 If the addressee refuses to sign for the legal documents, the addressee shall invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date for refusing to sign for them on the service receipt, and sign them by the addressee and witnesses, and leave the legal documents at the addressee’s residence, which shall be deemed as service. The process of refusing to sign by the parties needs to be recorded.
The representatives of relevant grass-roots organizations and their units may be the staff of the neighborhood (village) committees where the addressee lives and the staff of the unit where the addressee works.
If the representatives and other witnesses of the relevant grass-roots organizations or units are unwilling to sign the service receipt, the service person shall record the situation on the service receipt, leave the service document at the addressee’s residence, and record the service process by taking photos, videos, etc., which shall be deemed as service.
Article 29 If it is difficult to serve legal documents directly, they may be served by mail. If it is delivered by post, the date of receipt indicated on the receipt shall be the date of delivery.
Article 30 If it cannot be served by other means specified in this chapter, it shall be served by public announcement. After 60 days from the date of announcement, it shall be deemed to have been delivered. By way of public announcement, the reason and course shall be recorded in the case file.
Article 31 If a party refuses to accept the administrative penalty or administrative decision of the Civil Affairs Bureau, applies for administrative reconsideration or brings an administrative lawsuit, the execution of the administrative penalty or administrative decision shall not be suspended, except as otherwise provided by law.
Article 32 If the District Civil Affairs Bureau imposes fines on the parties, it shall strictly implement the system of separation of fines collection. District Civil Affairs Bureau and case handlers shall not collect fines by themselves. The parties concerned shall, within 15 days from the date of receiving the decision on administrative punishment, pay the fine at the designated bank, and the fine shall be directly turned over to the state treasury.
Article 33 Relief materials returned according to law shall be handled in accordance with the relevant provisions of the Measures for the Administration of Urban and Rural Social Assistance Funds in Beijing.
Article 34 If a party fails to perform the administrative decision and the administrative penalty decision within the time limit, the civil affairs department may take the following measures:
(1) If a fine is not paid at the due date, a fine of 3% of the fine amount shall be added daily, and the standard of adding the fine shall be informed to the parties concerned, and the amount of adding the fine shall not exceed the original fine amount;
(2) Apply to the people’s court for compulsory execution;
(3) Other measures prescribed by law.
Chapter VIII Enforcement and Transfer
Article 35 If a party concerned fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, nor complies with the administrative decision or administrative penalty decision, the Civil Affairs Bureau that made the decision may, within three months from the date of expiration of the time limit, apply to the people’s court for compulsory execution in accordance with the provisions.
Article 36 Before applying to the people’s court for compulsory execution, the Civil Affairs Bureau shall urge the parties to perform their obligations. If the parties still fail to perform their obligations ten days after the notice is served, they may apply to the people’s court where the parties are located for compulsory execution. Citizens who fail to perform administrative punishment shall be forced to perform their obligations by the applied people’s court according to law.
Article 37 With the approval of the person in charge of the District Civil Affairs Bureau, the following cases that meet the standards of criminal prosecution and are suspected of committing a crime shall be transferred to the public security organ at the same level:
(a) the value of funds, services and materials defrauded is more than 5,000 yuan but less than 100,000 yuan, and the funds, services or materials defrauded are not returned in accordance with the requirements of administrative decisions;
(2) The value of funds, services and materials defrauded exceeds 100,000 yuan.
Chapter IX Closing and Filing
Article 38 In any of the following circumstances, the case shall be closed:
(a) the administrative decision or administrative punishment decision has been completed;
(2) The illegal facts are not established;
(three) has been transferred to the public security organs.
The case handling approval form (Annex 16) and the closing report (Annex 17) shall be made when the case is closed.
Article 39 After the case is closed, the District Civil Affairs Bureau shall timely file the case materials. The files are made in accordance with the "Beijing Administrative Punishment File Standard".
Article 40 After the case file is filed, no one may add or extract the case file materials without permission.
Chapter X Supplementary Provisions
Article 41 The provisions of the relevant period in these Provisions shall be calculated according to natural days.
The time and day when the period begins are not counted. The period does not include the time in transit. If the last day of the period expires is a legal holiday, the first day after the holiday shall be the date of the period expiration.
Article 42 The Civil Affairs Comprehensive Law Enforcement Supervision Brigade shall be responsible for the interpretation of these Guidelines.
Article 43 These guidelines shall come into force as of the date of issuance.