依法约束行政权力行使。建立权责统一、权威高效的行政执法体制。推进行政执法体制改革,在食品药品安全、工商质检、公共卫生、安全生产、资源环境、交通运输、城乡建设等领域进一步推行综合执法。完善行政执法程序,探索建立行政裁量基准制度。开展行政执法公示制度、执法全过程记录制度、重大执法决定法制审核制度试点。创新行政执法方式,推广说服教育、劝导示范、行政指导、行政奖励等非强制性执法手段。规范执法言行,推行人性化执法、柔性执法、阳光执法。实行行政执法人员持证上岗和资格管理制度。发布《关于深化公安执法规范化建设的意见》,全面建设法治公安,进一步细化公安执法标准和指引,完善执法监督管理体系,健全依法决策机制。截至2017年上半年,全国公安机关共有227.02万人次民警取得基本级执法资格,135.03万人次民警取得中级执法资格,4.08万人次民警取得高级执法资格。全方位开展审计工作,积极推进对公共资金、国有资产、国有资源和领导干部履行经济责任情况的审计全覆盖,定期向社会公告审计结果,充分发挥审计监督约束行政权力运行的作用。加大行政问责力度,推进责任政府建设,普遍建立行政机关内部重大决策合法性审查机制,探索建立和实施重大决策终身责任追究制度及责任倒查机制,按照“谁决策、谁负责”的原则,对超越权限、违反程序决策造成重大损失的,严肃追究决策者责任。实施《党政领导干部生态环境损害责任追究办法(试行)》,对25种党政领导干部生态环境损害情形实行党政同责、终身追责,提高各级领导干部保护自然生态和环境权利的责任意识。
Checking in accordance with the law the exercise of administrative power. China aims to establish an authoritative and efficient administrative law enforcement system in which power is consistent with responsibility.
The Chinese government has accelerated the reform of the administrative law enforcement system, and further promoted synthesized law enforcement in fields such as food and drug safety, industrial and commercial quality inspection, public health, workplace safety, resource and environment protection, traffic and transport, and urban and rural construction.
It has improved the administrative law enforcement procedure, and explored the means to establish a benchmark system for discretion in enforcement. In some areas China has conducted three experiments: disclosing information concerning administrative law enforcement, recording the whole enforcement process, and reviewing the legality of major enforcement decisions.
The government has tried out innovative enforcement methods, and widespread non-coercive ones, including persuasion, teaching, citing good examples, and administrative guidance and rewards. It has regulated words and conduct of law-enforcement personnel, and required them to be flexible, reasonable and open in their approach to enforcement. It has established a qualification system for enforcement personnel and prohibited anyone without the required license from serving.
In order to make full progress in building a law-abiding public security system, the Chinese government issued the "Decisions on Further Regulating the Public Security Departments in Law Enforcement", established more detailed law-enforcement standards and guidance, improved the supervision and management system, and amplified the law-based decision-making mechanism. By the end of June 2017, 2.27 million police officers all over the country had basic level certification for law enforcement, 1.35 million had obtained mid-level certification, and almost 41,000 had gained upper-level certification.
China has expanded the auditing of all aspects of government affairs, especially in areas like public funds, state property, national resources, and how officials in leading positions fulfill economic duties. It has published the audit results regularly, so as to give a full play to the role of audit in scrutinizing and checking the exercise of power.
The Chinese government has strengthened the accountability investigation for administrative errors. To build a responsible government, it has set up a mechanism of internal legitimacy review of major decisions, and explored the means to establish and implement a lifelong liability accounting system for major decisions and a retrospective mechanism to hold people accountable for wrong decisions. Abiding by the principle that the decision-maker assumes the responsibility, anyone who causes heavy losses by exceeding his/her competence or infringing the decision-making procedure must be held accountable.In order to raise officials' awareness of responsibilities for protecting the ecological system and people's environmental rights, the Measures for Liability Investigation of Party and Government Officials for Damage to Ecological Environment (trial) stipulate that both senior Party officials and leading government officials will have lifelong accountability for 25 specified types of damage to the ecological environment.