Guiding Opinions of the General Office of Guangdong Provincial People’s Government on Promoting the Construction of Guangdong Administrative Law Enforcement Information Platform and Administrative Law
General Office of Guangdong Provincial People’s Government on Promoting Guangdong Province
Information platform of administrative law enforcement and supervision of administrative law enforcement
Guiding opinions on the construction of network platform
Guangdong Office Letter [2019] No.170
People’s governments at the local and municipal levels, departments and institutions directly under the provincial government:
In order to fully implement the new ideas, new ideas and new strategies of the Supreme Leader General Secretary in comprehensively administering the country according to law, thoroughly implement the Implementation Outline of the Construction of a Government under the Rule of Law (2015-2020) of the CPC Central Committee and the State Council, conscientiously implement the relevant requirements of the Implementation Outline of the Construction of a Government under the Rule of Law in Guangdong Province (2016-2020) and the Master Plan for the Construction of a Digital Government in Guangdong (2018-2020), and make efforts to
I. General requirements
(A) the guiding ideology
Adhere to the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 19th Central Committee, conscientiously study and implement the spirit of the important speech and instructions given by the General Secretary of the Supreme Leader to Guangdong, focus on standardizing administrative punishment, administrative coercion and administrative inspection, and focus on the three major goals of "standardizing administrative law enforcement behavior, improving administrative law enforcement efficiency and strengthening administrative law enforcement supervision". Relying on the "digital government" cloud platform and the provincial government service network, we will speed up the construction of a unified administrative law enforcement information platform and administrative law enforcement supervision network platform (hereinafter referred to as the "two platforms") in the province, realize the online circulation of law enforcement procedures, automatic collection of law enforcement information, online supervision of law enforcement activities and online inquiry of law enforcement at the provincial, city, county (city, district) and township (street) levels, and promote strict, standardized, fair and civilized law enforcement and guarantee.
(2) Work objectives
By June 2019, the information publicity platform for administrative law enforcement will be initially established, the law enforcement case handling system will be improved, and pilot projects will be carried out in several regions and departments; In December, the "two platforms" were popularized and applied by governments at all levels and provincial departments in the Pearl River Delta region.
By December 2020, the "two platforms" will be promoted and applied by listing at all levels to form the application of big data analysis in administrative law enforcement.
By 2021, the "two platforms" will be fully applied to administrative law enforcement subjects at the provincial, municipal, county (city, district) and township (street) levels, and efforts will be made to achieve full coverage of mobile case handling.
Second, the basic principles
(1) Its functions and powers are legal and implemented according to law.In accordance with the Administrative Punishment Law of the People’s Republic of China, the Administrative Compulsory Law of the People’s Republic of China, the Regulations of Guangdong Province on Administrative Law Enforcement Responsibility System, the Regulations of Guangdong Province on Administrative Law Enforcement Supervision and the Provisions of Guangdong Province on Standardizing the Discretion of Administrative Punishment, we will sort out administrative law enforcement matters, standardize administrative law enforcement procedures and strengthen administrative law enforcement supervision.
(2) Top-level design and overall planning.Make overall planning and design under the framework of "digital government" reform, strengthen the organic integration and efficient utilization of government information resources, and prevent redundant construction and waste of resources. Adhere to the high-level centralized deployment, promote the intensive construction of information systems and the upward concentration of data, and build a unified administrative law enforcement system framework in the province.
(three) unified standards, strengthen the application.To promote the convenience and convenience of administrative law enforcement, and strengthen the standardization of administrative law enforcement. Increase the expansion and application of information technology in the field of administrative law enforcement and promote the effective integration, sharing and exchange of information resources.
(four) open and transparent, convenient and beneficial to the people.Meet the public’s demand for information disclosure and supervision of administrative law enforcement in a timely manner in the form of a unified platform, fully implement the publicity system of administrative law enforcement, further smooth the channels of communication with the people, facilitate public consultation, inquiry and complaint supervision, and improve the level of openness of law enforcement.
III. Main tasks
(A) overall promotion of the "two platforms" construction
1 to create an information platform for administrative law enforcement. First, based on the unified collaborative office platform in the province, improve the comprehensive online case handling system. According to the requirements of online whole-process case handling and mobile case handling construction, we will expand and improve the functions of administrative law enforcement, such as case acceptance, investigation and evidence collection, audit decision, service execution, file management, statistical analysis, reporting and filing, etc., so as to realize online case handling in the whole process of administrative law enforcement, form a network of examination and approval and electronic file, and realize the whole process of trace-keeping and traceability management. Equipped with photo, audio, video and other modules to ensure that the law enforcement evidence will be solidified in the first time, and provide photos, audio, video and other on-site evidence materials. The second is to build an information publicity platform based on the existing platforms such as the provincial government service network, its WeChat WeChat official account, mobile client and the "Guangdong Province Easy" applet. Expand the functions of publicity and inquiry of administrative law enforcement information, adopt intelligent and flat methods to instantly push law enforcement information for enterprises, the public and other clients, improve the exchanges and interactions between administrative law enforcement subjects, enterprises and the public, improve the government service system, and create a social governance pattern of co-construction, co-governance and sharing.
2.Create a network platform for administrative law enforcement supervision. Based on the administrative law enforcement power items recorded in the provincial government service items directory management system, relying on the unified data sharing platform of the provincial government, the law enforcement data collected by the comprehensive online case handling system and the data of some existing law enforcement departments are collected, and the implementation subject, law enforcement process, discretion benchmark, law enforcement supervision and other normative requirements of various administrative law enforcement are compared to realize the whole process monitoring of administrative law enforcement process. Strengthen target management and responsibility assessment with information flow, innovate management service mode and improve administrative efficiency. Gradually docking all kinds of administrative law enforcement complaint reporting platforms, forming a large supervision pattern of internal supervision and external supervision.
(B) the development of "two platforms" standards and specifications
According to the national standards such as "Guiding Opinions of the State Council on Accelerating the Construction of National Integrated Online Government Service Platform" and the national comprehensive management system for administrative law enforcement supervision, the standards and norms for the construction of "two platforms" will be formulated, so as to standardize law enforcement matters, law enforcement basis, law enforcement process, law enforcement documents, discretionary benchmarks, law enforcement supervision and law enforcement information publicity, and promote the informationization and standardization of administrative law enforcement. Strengthen the basic research on standardization of administrative law enforcement, pay attention to the matching and convergence of local standards with national standards and industry standards, improve the standard system of administrative law enforcement, promote the implementation process of standards, and provide basic conditions for promoting the informationization of administrative law enforcement. Establish and improve the coordination and promotion mechanism of standardization work, and organize the formulation, revision and popularization and application of specific standards.
(3) Fully implement mobile case handling.
Increase the application of scientific and technological means in administrative law enforcement, establish a law enforcement terminal system, fully implement mobile administrative law enforcement, equip law enforcement personnel with mobile law enforcement quick inspection equipment, mobile law enforcement terminals, law enforcement recorders, portable printers and other information-based law enforcement equipment, and handle administrative law enforcement affairs efficiently and quickly through real-time linkage between field and background data, so as to achieve rapid attack, scientific evidence collection and accurate characterization, and effectively improve work efficiency and law enforcement case handling efficiency. We will actively and steadily promote the online application of administrative law enforcement subjects by means of pilot, system docking and gradual promotion, and strive to achieve full coverage of mobile case handling by 2021.
(4) Promoting openness and transparency in administrative law enforcement.
Through the provincial administrative law enforcement information publicity platform, the administrative licensing, administrative punishment, administrative compulsion, administrative expropriation and requisition, administrative payment, administrative inspection, administrative confirmation, administrative ruling and other law enforcement information of administrative law enforcement subjects at all levels are uniformly collected, and the administrative law enforcement information inquiry service is opened; Unified disclosure of administrative law enforcement subjects, responsibilities, basis, procedures, lists and supervision at all levels; Unified disclosure of administrative law enforcement results, annual administrative law enforcement data and related administrative reconsideration, administrative litigation data and other post-event information. Realize the organic combination of administrative law enforcement publicity and government affairs publicity, power list publication, "double random and one open" supervision, and make power run in the sun.
(5) Strengthening the supervision of administrative law enforcement.
The first is to implement event management. The provincial administrative law enforcement supervision network platform is connected with the provincial government service network, and administrative law enforcement matters that are not included in the provincial government service catalogue management system shall not be implemented. The second is to implement real-time supervision. Standardize the law enforcement process, processing time limit and other factors through information technology, realize the whole process monitoring of administrative law enforcement, and find and correct existing problems in time. Third, the implementation of post supervision. The whole process of administrative law enforcement is traceable and accountable. Through big data analysis, the work performance of administrative law enforcement subjects and law enforcement personnel is quantitatively evaluated, and the closed cases are randomly selected, consulted online and intelligently evaluated. The fourth is to achieve coordinated supervision. Docking the provincial "convergence of the two laws", electronic supervision of administrative examination and approval, credit China (Guangdong), financial non-tax and other systems, promoting the synergy of supervision and forming a joint force of supervision.
(VI) Promoting information and data sharing.
Relying on the provincial government service network, we will integrate the business data of existing administrative law enforcement systems of provincial departments and the business data of existing administrative law enforcement platforms of governments at all levels, break the barriers of compartmentalization, establish a sharing and exchange mechanism of administrative law enforcement information resources, and promote the horizontal and vertical sharing of law enforcement data. On the premise of ensuring information security, we will promote the application of supporting technologies such as unified identity authentication, electronic license and face recognition, and support law enforcement entities at all levels to share and apply the basic data of the province’s ID cards, vehicles, real estate and other license libraries.
(7) Strengthening the application of big data in law enforcement.
Scientifically set quantitative indicators, including the indicators of investigation rate of reported cases and coincidence degree of law enforcement focus, the indicators of scientific allocation of law enforcement forces, the indicators of scientific per capita law enforcement volume and the correlation rate of law enforcement posts, the indicators of scientific and enforceable rules and regulations, the indicators of the occurrence of illegal problems and work performance and the indicators of the standardization of administrative law enforcement. Improve the functions of the provincial administrative law enforcement supervision network platform in monitoring the performance of duties according to law, post-evaluation of policies and measures, monitoring of violations of laws and regulations, problem enterprise analysis, data mining, big data analysis and comparison, and risk assessment. Realize the application of big data such as comparison, analysis and prediction, and provide reference for scientific decision-making in various localities and departments.
Fourth, organizational requirements
(1) Strengthen organizational leadership.All localities and departments should attach great importance to the construction of "two platforms", earnestly strengthen organizational leadership, ensure funding, and organize their own regions and systems to do online application work according to the specified time nodes. The establishment of the "two platforms" construction and operation coordination mechanism is led by the Provincial Department of Justice, with the joint participation of the Provincial Party Committee, the Provincial Department of Industry and Information Technology, the Provincial Department of Finance, the Provincial Market Supervision Bureau and the Provincial Government Service Data Administration. The Provincial Department of Justice should strengthen organization and coordination, and promote the application and promotion of the project as a whole; Provincial Government Service Data Management Bureau should strengthen the overall planning, coordinated promotion and project monitoring of the construction of "two platforms", and assist all localities and departments to carry out platform deployment and application to ensure the smooth progress of project construction. It is necessary to strengthen tracking and efficiency, incorporate the online implementation of the "two platforms" into the evaluation content of Guangdong’s construction of the rule of law, and notify the units that fail to implement the tasks in time and in place.
(2) Strengthen overall planning.The project construction adopts the centralized and unified construction of the whole province, maintaining the stock and increasing the development. At the initial stage of the project construction, we should respect the development status of the administrative law enforcement system construction of provincial departments, reserve interfaces, share and dock information and data of existing systems according to unified standards, and then promote the integration of related systems when conditions are ripe, so as to realize the unified system application of the whole province. Where the administrative law enforcement system has not been developed or needs to be updated, localities and departments should directly apply the "two platforms" and no other relevant case handling systems will be developed.
(3) Improve institutional support.Study and formulate the operation rules and management methods of the "two platforms" which are connected with the "digital government" reform, improve the norms of administrative inspection and electronic file management of administrative law enforcement, study the legal application issues such as electronic fingerprints, electronic seals and electronic delivery applicable to "paperless" law enforcement, and the rules for the migration and processing of existing administrative law enforcement information, so as to provide support for the comprehensive popularization and application of the "two platforms".
General office of provincial government
May 31, 2019